Latest news of the domain name industry

Recent Posts

ICANN apologizes to “arms dealer” claim security firm after email goes missing

Kevin Murphy, August 31, 2020, Domain Registrars

ICANN has apologized to the security company that claimed an accredited registrar was in league with malware distributors, after an email went AWOL.

You may recall that registrar GalComm was accused by Awake Security last month of turning a blind eye to abuse in a report entitled “The Internet’s New Arms Dealers: Malicious Domain Registrars” and that ICANN’s preliminary investigation later essentially dismissed the allegations.

ICANN had told GalComm (pdf) August 18 that Awake had not “to date” contacted ICANN about its allegations, but that appears to have been untrue.

GalComm’s lawyers had in fact emailed a letter to ICANN, using its “globalsupport” at icann.org email address, on August 6, as said lawyers testily informed (pdf) Global Domains Division VP Russ Weinstein August 20.

Weinstein has now confirmed (pdf) that a letter from Awake was received to said email address but “was not escalated internally”. He said he was “previously unaware” of the letter. He wrote:

I apologize for this inadvertent oversight and we will use this as a training opportunity to prevent such errors in the future.

GalComm has been threatening to sue Awake for defamation since the “arms dealer” report was published, so it looks like ICANN’s decision to eat humble pie is probably a prudent way to keep its name off the docket.

The letter from Awake’s lawyers (pdf) also includes a lengthy explanation of why the original report is not, in its view, defamatory.

The lesson for the rest of us appears to be that the ICANN email address in question is probably not the best way to reach ICANN’s senior management.

Weinstein said that abuse complaints about registrars should be sent to its “compliance” at icann.org address.

.sucks threatens ICANN with defamation claim after “extortion” letters

Vox Populi Registry has threatened to sue ICANN for defamation and other alleged breaches of US law, over allegations of “extortion” made by two of its constituencies.

The registry’s outside law firm wrote to ICANN yesterday, saying that it has “has no interest in pursuing claims at this time” but adding:

if ICANN or any of its constituent bodies (or any directly responsible member thereof) engages in any further wrongful activity that prevents the company from fulfilling its contractual obligations and operating the .SUCKS registry as both ICANN and Vox Populi envisioned, the company will have no choice but to pursue any and all remedies available to it.

The letter follows claims by the Intellectual Property Constituency that .sucks and its $1,999 annual sunrise fees constitute a “predatory” “shakedown”, claims which ICANN has forwarded to US and Canadian trade regulators for their legal opinions.

The IPC letter was followed up by similar claims by the Business Constituency on Friday.

Vox Pop now wants these constituencies, and ICANN itself, to shut up.

“Rather than assuming cooler heads will prevail, it is time to tell ICANN to stop interfering in our ability to operate the registry,” CEO John Berard said in an email to reporters. “We are not taking legal action at this point but making it clear that we reserve the right if ICANN continues in its wrong-headed approach.”

The company denies that .sucks will encourage cybersquatting, noting that like all other gTLDs it is subject to the anti-cybersquatting UDRP and URS remedies.

it would seem that ICANN is not actually concerned about cybersquatting or any other illegal activity. Rather, ICANN appears concerned that registrations on the .SUCKS registry will be used to aggregate uncomplimentary commentary about companies and products — the very purpose for the registry that Vox Populi identified in the application it submitted to ICANN, and that ICANN approved

ICANN has disseminated defamatory statements about Vox Populi and its business practices aimed at depriving Vox Populi of the benefits of its contract with ICANN. These actions further violate the duty of good faith and fair dealing that is implied in every contract… in suggesting illegality without any basis whatsoever, your actions (and those of the ICANN IPC and ICANN BC) have given rise to defamation claims against ICANN. Vox Populi hereby demands that ICANN, including any and all of its subdivisions, cease any and all such activity immediately.

There’s bucketloads of irony here, of course.

The company says it is standing up for its future registrants’ rights to free speech, but wants its own critics gagged today.

Read the letter as a PDF here.