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Momentous denies link to “illegal” pharmacy gang

Momentous says CEO Rob Hall is NOT the man behind a registrar devoted almost exclusively to running “illegal” online pharmacies, after the US Congress was told he was a few hours ago.

In written testimony to Congress today, LegitScript president John Horton linked Hall to an “illegal online pharmacy network” called 4rx.

Horton said that the people running 4rx, which he said sells prescription drugs without a license, are also running the ICANN-accredited registrar Crazy8Domains

He went on to produce Canadian corporation records naming Hall as the sole director of the registrar.

I had a bit of a Google and found that Crazy8Domains says it’s based in a building in Ottawa that appears to have been once owned by Momentous.

But Rob Villeneuve, CEO of Momentous registrar Rebel, told us today that Crazy8Domains has not been part of Momentous for years. He said:

the Momentous group sold that Registrar over two years ago, and ICANN approved the sale. Mr. Hall and Momentous are no longer involved in Crazy8Domains in any way. We are unsure why the Industry Canada records have not been updated, and we have today notified Industry Canada of their error.

While Momentous may not be involved with Crazy8Domains, Horton presented some compelling evidence that it’s basically just a puppet registrar for an online pharmacy outfit.

It also goes by the name Kudo.com.

The contact name for the registrar listed by ICANN is Sabita Limbu, who is also listed in Whois as the registrant of domains such as indianpharmaonline.com, offshorerx1.com, and cheapestonlinedrugstore.com.

These sites offer hundreds of generic varieties of drug that purport to treat every condition under the sun, from erectile dysfunction to cancer.

Prescriptions do not appear to be required, and there’s a US toll-free number in case there was any doubt whose citizens are being marketed to.

Whether that’s illegal or not, I couldn’t possibly comment, but Horton told Congresspeople today that there are no countries where it is legal to sell prescription drugs without a license.

According to Horton, Crazy8Domains only has 18 domains live at present, and 15 of them are pharmacies:

In short, for all practical purposes, the ICANN-accredited registrar is the illegal online pharmacy, and the illegal online pharmacy is the ICANN-accredited registrar.

This means it would be virtually impossible for an outfit like LegitScript to get them taken down — any complaints made to ICANN would simply be referred to the registrar, which is in this case also the registrant.

.sucks and ICANN not invited to Congressional hearing on .sucks and ICANN

Kevin Murphy, May 8, 2015, Domain Policy

The witness list in next week’s US Congressional hearing into .sucks and ICANN accountability does not feature .sucks or ICANN.

The eight witnesses are largely drawn from outspoken critics of both ICANN and Vox Populi, either companies or trade associations and lobby groups. It’s stacked heavily in favor of intellectual property interests.

The hearing is titled “Stakeholder Perspectives on ICANN: The .sucks Domain and Essential Steps to Guarantee Trust and Accountability in the Internet’s Operation”.

With hindsight, the “Stakeholder Perspectives” bit gives away the fact that the judiciary subcommittee holding the hearing is more concerned with listening to ICANN’s critics than ICANN itself.

Mei-lan Stark, a senior intellectual property lawyer from Fox and 2014 president of the International Trademark Association, tops the list.

A critic of the new gTLD program, in 2011 Stark told Congress that the first round of new gTLDs would cost Fox “conservatively” $12 million in defensive registration fees.

It will be interesting to see if any Congresspeople confront Stark about that claim, which appeared like a gross overstatement even at the time.

One company that has been enthusiastically embracing new gTLDs — as an applicant, registry, defensive and non-defensive registrant — is Amazon, which has VP of global public policy Paul Misener on the panel.

Amazon has beef with ICANN for siding with the Governmental Advisory Committee over the battle for .amazon, which Amazon has been banned from obtaining, so it’s difficult to see the company as an overly friendly witness.

Next up is John Horton, president of LegitScript, the company that certifies legitimate online pharmacies and backs the .pharmacy new gTLD.

LegitScript is in favor of greater regulation of the domain name industry in order to make it easier to shut down potentially dangerous web sites (though opponents say it’s more often more interested in protecting Big Pharma’s profit margins). This month it called for a ban on Whois privacy for e-commerce sites.

Steve Metalitz, counsel for the Coalition for Online Accountability (a lobbyist for the movie and music industries) and six-term president of the ICANN Intellectual Property Constituency, is also on the list.

Jonathan Zuck, president of ACT The App Association (aka the Association for Competitive Technology, backed by Verisign and other tech firms) is on the list.

NetChoice director Steve DelBianco is also showing up again. He’s an ICANN hearing mainstay and I gather with this appearance he’ll be getting the final stamp on his Rayburn Building Starbucks loyalty card. That means a free latte, which is always nice.

Internet Commerce Association counsel Phil Corwin is a surprise invitee. ICA represents big domainers and is not a natural ally of the IP side of the house.

Bill Woodcock, executive director of Packet Clearing House, rounds off the list. PCH might not have instant name recognition but it provides Anycast DNS infrastructure services for scores of ccTLDs and gTLDs.

The committee hearing will take place at 10am local time next Wednesday.

A second hearing, entitled “Stakeholder Perspectives on the IANA Transition” will be held four hours later by a subcommittee of the House Energy & Commerce committee. The witnesses for that one have not yet been announced.

It’s going to be a busy day for ICANN bods on Capitol Hill.

Congress to put .sucks on trial

Kevin Murphy, May 6, 2015, Domain Policy

The US Congress is to hold a hearing to look into the .sucks gTLD and ICANN accountability.

A hearing entitled “Stakeholder Perspectives on ICANN: The .sucks Domain and Essential Steps to Guarantee Trust and Accountability in the Internet’s Operation” has been scheduled by the House Subcommittee on Courts, Intellectual Property, and the Internet

It will take place in Washington DC next Wednesday, May 13.

The list of witnesses does not yet appear to have been published.

I would guess we’d be looking at, at the very least, somebody senior from ICANN, somebody senior from .sucks registry Vox Populi, and an intellectual property lawyer.

It was ICANN’s Intellectual Property Constituency that complained about .sucks’ sunrise policies and fees, causing ICANN to refer the matter to US and Canadian trade regulators.

The title of the House hearing suggests that the .sucks controversy will be inextricably tied to the broader issue of ICANN accountability, which is currently undergoing a significant review as ICANN seeks to split permanently from US government oversight.

That’s not great optics for ICANN; I’m sure the organization would rather not have its performance judged on what is quite an unusual edge case emerging from the new gTLD program.

Chehade to face Congressional grilling this week

Kevin Murphy, February 23, 2015, Domain Policy

ICANN CEO Fadi Chehade is heading to Washington DC this week to defend plans to decouple the organization from formal US oversight in front of a potentially hostile committee of Congresspeople.

The Senate Committee on Commerce, Science, and Transportation will meet this Wednesday at 1000 local time to grill Chehade and others on the plan to remove the US government from the current triumvirate responsible for managing changes to the DNS root zone under the IANA arrangements.

He will be joined by Larry Strickling, who as head of the National Telecommunications and Information Administration is the US government’s point person on the transition, and Ambassador David Gross, a top DC lawyer formerly with the Department of State.

All three men are pro-transition, while the Republican-tilted committee is likely to be much more skeptical.

The blurb for the Wednesday hearing reads:

As the U.S. government considers relinquishing control over certain aspects of Internet governance to the private sector, concerns remain that the loss of U.S. involvement over the Internet Assigned Numbers Authority (IANA) could empower foreign powers — acting through intergovernmental institutions or other surrogates — to gain increased control over critical Internet functions.

Republicans and right-leaning media commentators have warned that handing over IANA oversight to a multistakeholder body risks giving too much power to governments the US doesn’t like, such as Russia and China.

Several bills introduced in the House and Senate over the last year would have given Congress much more power to delay or deny the transition.

An amendment to an appropriations bill approved in December prevents the NTIA from spending any taxpayer money on relinquishing its DNS root oversight role until after September 30 this year, the same day that the current IANA contract expires.

This effectively prevents a transition during the current IANA contract’s run. Strickling recently said that the NTIA is complying with this legislation, but noted that it does not prevent the agency participating in the development of the transition proposal.

ICANN community working groups are currently working on plans for ICANN oversight post-NTIA and for addressing ICANN accountability.

These documents are hoped to be ready to sent to the NTIA by July, so the NTIA will have enough time to consider them before September 30.

Strickling recently addressed this date in a speech at the State of the Net conference in Washington, saying:

I want to reiterate again that there is no hard and fast deadline for this transition. September 2015 has been a target date because that is when the base period of our contract with ICANN expires. But this should not be seen as a deadline. If the community needs more time, we have the ability to extend the IANA functions contract for up to four years. It is up to the community to determine a timeline that works best for stakeholders as they develop a proposal that meets NTIA’s conditions, but also works.

Opponents of the transition say that because the NTIA is prevented from terminating the IANA contract before October 1, the NTIA will have no choice but to extend it until September 30, 2017.

Given that 2016 is a presidential election year in the US, Barack Obama would be a private citizen again by the time the next opportunity to transition comes around, they say.

Which presidential hopeful — from either party — would not buckle if asked whether he supports a plan to let Iran run the internet? That’s the political logic at work here.

Chehade himself told the AFP news agency earlier this month that the transition would have to happen before the 2016 elections, to avoid political distractions.

I’m not so sure I agree with the premise that, due to the restraints imposed by the appropriation bill, the transition now has to happen under the next president’s administration.

In my layman’s reading of the current IANA contract, the NTIA is able to terminate it for the “convenience of the government” pretty much whenever it wants.

There’s also an option to extend the contract by up to six months. The NTIA exercised this option in March 2012 when it did not approve of ICANN’s first renewal proposals.

Democrat congressman sides with France on .wine

Kevin Murphy, July 2, 2014, Domain Policy

US Representative Anna Eshoo has written to ICANN’s top brass to express “deep concerns” about the .wine and .vin new gTLDs and urge that they be permanently killed off.

In a letter (pdf) to CEO Fadi Chehade, Eshoo wrote:

it’s my understanding that the .wine and .vin gTLDs have been met with fierce opposition from the wine industry, both here in the US and around the world. Given these concerns, coupled with the complexities of reaching agreement on Geographic Indications (GIs), I urge you to advocate for the .wine and .vin gTLDs to be permanently withdrawn from consideration.

Eshoo, a Democrat, is breaking rank with the official position of the Obama administration on this, which is that no special treatment is warranted for the two wine-related gTLDs.

Europe, on the other hand, is vehemently opposed to the introduction of either without strong protection for GIs.

At ICANN 50 in London last week the European Commission and France led the charge against approval of the gTLDs, with the Commission even floating the idea of legal action at one point.

France, meanwhile, seems ready to throw ICANN’s ambitions for independence under a bus in order to get what it wants.

Eshoo is ranking member of the House Communications and Technology Subcommittee, which recently passed the DOT-COM Act over her protestations that it was “embarrassing”.

She also represents the Silicon Valley area of northern California, which is known for its wineries.

While a handful of US winemakers do have a decidedly European attitude to GI protections, the US Governmental Advisory Committee delegation last week said that only a few out of “thousands” agree with France.