Latest news of the domain name industry

Recent Posts

ICANN takes the reins again as .amazon talks fail

Kevin Murphy, April 10, 2019, Domain Policy

ICANN has re-involved itself in the fight over the .amazon gTLD, after Amazon and eight South American governments failed to reach agreement over the name.

ICANN chair Cherine Chalaby wrote this week to the Amazon Cooperation Treaty Organization to inform the group that it is now ICANN that will decide whether the proposed dot-brand domain is approved or not.

ICANN’s board had given Amazon and ACTO until April 7 to come to a mutual agreement that addressed ACTO’s sovereignty concerns, but they missed that deadline.

According to the BBC World Service, citing unnamed diplomats, ACTO wanted Amazon to create a kind of policy committee, with seats at the table for governments to veto second-level domains Amazon decides it wants to register in .amazon in future.

Amazon declined this demand, instead offering each of the eight ACTO countries its two-letter country-code under .amazon — br.amazon for Brazil, for example — the Beeb reported at the weekend.

Now that ICANN’s deadline has passed, ACTO appears to have lost its chance to negotiate with Amazon.

ICANN has now asked the company to submit a plan to address ACTO’s concerns directly to ICANN by April 21.

From that point, it could go either way. ICANN might approve the .amazon application, reject it, or push it back to Amazon for further work.

But .amazon may not necessarily be on the home straight yet. A straightforward approval or rejection will very likely provoke howls of anguish, and further appeals action, from the losing side.

Amazon countries fighting back against .amazon gTLD

Kevin Murphy, December 4, 2018, Domain Policy

When ICANN’s board of directors voted in late October to let Amazon have its controversial .amazon gTLD, it was not entirely clear what governments in the Amazon region of South America thought about it.

Now, it is: they’re pissed.

The governments of the Amazon Cooperation Treaty Organization have cancelled planned peace talks with the retailer and ICANN boss Goran Marby and have filed an appeal against the board’s decision.

It even seems that the negotiations — aimed at obtaining ACTO’s blessing by stuffing the .amazon registry agreement with cultural safeguards and augmenting it with financial sweeteners — may be dead before they even started.

The rapid deterioration of the relationship between ACTO and ICANN plays out in a series of letters between Marby and ACTO secretary general Jacqueline Mendoza, published last week by ICANN.

After the board’s October 25 resolution, which gave .amazon a pardon from its longstanding “Will Not Proceed” death sentence, it took just 10 days for ACTO to file a Request for Reconsideration with ICANN, asking the board to rethink its resolution.

In a cover letter to the November 5 request, Mendoza said that ACTO was still happy to have Marby facilitate talks between the governments and Amazon, “to develop a mutually acceptable solution for the delegation” of .amazon.

Amazon is said to have offered concessions such as the protection of culturally sensitive names, along with $5 million worth of free Kindles, in order to get ACTO to back down.

But the governments had yet to see any proposal from Amazon for them to consider, Mendoza wrote a month ago.

At some point Marby then agreed to meet with the ACTO governments — Bolivia, Brazil, Colombia, Ecuador, Guyana, Peru, Suriname and Venezuela — in Bolivia on November 29.

He froze their reconsideration request pending this meeting, according to his November 20 letter (pdf), which also bulletted out the sequence of events that led to the ICANN resolution.

It seems ICANN has been working rather closely with, and had been hearing encouraging noises from, Brazil’s Governmental Advisory Committee representative, over the last 12 months. Indeed, it seems it was Brazil that said the reconsideration should be put on hold, pending the November 29 meeting.

But on November 22, Mendoza cancelled the summit (pdf), taking a hard line against the unfreezing of the applications.

Four days later, she told Marby and ICANN chair Cherine Chalaby that ICANN should be dealing with ACTO, not its individual members.

She said that a “positive reaction” to the reconsideration request and the request for the board resolution to be “cancelled” are “indispensable pre-requisites for such a meeting to take place”.

The short version: ICANN jumped the gun when it unfroze the .amazon gTLD applications, at least in ACTO’s view.

ACTO didn’t even receive Amazon’s latest proposal until November 23, the day after the talks were cancelled, according to ICANN.

And, judging by the latest missive in this infuriating thread, ICANN may have thrown in the towel already.

Marby informed GAC chair Manal Ismail (pdf) last Wednesday that the “facilitation process” ICANN had resolved to lead “has been unsuccessful” and “has not been able to reach its desired conclusion.”

While he added ICANN remains “open to assist and facilitate this matter, should it be considered useful”, there’s otherwise an air of finality about the choice of language in his letter.

As for the reconsideration request (pdf), it seems to be still active, so there’s a chance for the board to change its mind about .amazon’s status.

It will be interesting to see whether the request will be approved by the board for the sake of political expediency.

Reconsideration requests are almost unfailingly tossed out for failing to reach the threshold of providing the board with information it was not aware of at the time of its contested resolution.

In this case, ACTO claims that the board was wrongly informed that the ACTO members had seen and liked Amazon’s latest proposal, presumably because ICANN had been feeling positive vibes from Brazil.

It’s not impossible that the board might agree this is true, put .amazon back on ice, and try again at the “facilitation” route.

But should it? Part of me wonders why the hell ICANN resources — that is, registrants’ money — should be diverted to pay for ICANN to act as an unpaid lobbyist for one of the world’s wealthiest companies, which can’t seem to actually put a proposal on the table in a timely fashion, or for eight national governments who don’t seem to be even talking to each other on an issue they claim is of the utmost importance.

Amazon offered $5 million of free Kindles for .amazon gTLD

Kevin Murphy, October 23, 2018, Domain Policy

Amazon offered South American governments $5 million worth of free Kindles, content and cloud services in exchange for their endorsement of its .amazon gTLD application, it has emerged.

The proposal, made in February, also included an offer of four years of free hosting up to a value of $1 million.

The sweeteners came during negotiations with the eight governments of the Amazon Cooperation Treaty Organization, which object to .amazon because they think it would infringe on their geographical and cultural rights.

Amazon has sought to reassure these governments that it will reserve culturally sensitive strings of their choice in .amazon, and that it will actively support any future applications for gTLDs such as .amazonas, which is the more meaningful geographic string in local languages.

I’ve reported on these offers before, but to my knowledge the offer of free Kindles and AWS credits has not been made public before. (UPDATE: Nope.)

According to a September letter from ACTO, published (pdf) this week, Amazon told it:

as an indication of goodwill and support for the people and governments of the Amazonian Region… [Amazon will] make available to the OTCA governments credits for the use of AWS services, Kindles preloaded with mutually agreed upon content, and similar Amazon.com services and products in an amount not to exceed $5,000,000.

Amazon also offered to set up a .amazon web site “to support the Amazonian people’s cultural heritage” and pay up to $1 million to host it for four years.

These kinds of financial sweeteners would not be without precedent.

The applicant for .bar wound up offering to donate $100,000 to fund a school in Montenegro, after the government noted the string match with the Bar region of the country.

The ACTO countries met in August to consider Amazon’s offer, but chose not to accept it.

However, they’re not closing off talks altogether. Instead, they’ve taken up ICANN on its offer to act as a facilitator of talks between Amazon and ACTO members.

The ICANN board of directors passed a resolution last month instructing CEO Goran Marby to “support the development of a solution” that would involve “sharing the use of those top-level domains with the ACTO member states”.

ACTO secretary general Jacqueline Mendoza has responded positively to this resolution (pdf) and invited Marby to ACTO headquarters in Brasilia to carry on these talks.

ICANN blocks .islam after government veto

Kevin Murphy, October 8, 2018, Domain Policy

After six years, ICANN has finally killed off the applications for the new gTLDs .islam and .halal, due to objections from several governments.

It has also rejected the application for .persiangulf from the same applicant.

The decisions were made by the ICANN board of directors last Wednesday. The resolutions were published Friday night.

The board said: “it is apparent that the vast majority of the Muslim community (more than 1.6 billion members) object to the applications for .HALAL and .ISLAM.”

This actually means that the Organization of Islamic Cooperation, the 57-nation treaty group with a combined 1.6 billion nominal Muslim citizens, objected to the applications.

Several governments with large Muslim populations — including the UAE, Malaysia, Turkey, India and Iran — had also individually told ICANN on the record that they were not happy.

The view from these governments seemed to be that if there’s going to be a .islam, it should be run under the umbrella of a group such as the OIC, rather than some random tuppenny ha’penny gTLD registry.

In Christianity, the comparable gTLD .catholic is run by an affiliate of the world’s oldest pedophile ring, while .bible is being run as a propaganda tool by a group of sexually repressed, homophobic American evangelicals.

The ICANN board said its decision to reject .islam and .halal was in tune with its “core values” to protect the “public interest”.

The decision was based “on its consideration of and commitment to ICANN’s Mission and core values set forth in the Bylaws, including ensuring that this decision is in the best interest of the Internet community and that it respects the concerns raised by the majority of the community most impacted by the proposed .HALAL and .ISLAM gTLDs”.

It’s been avoiding making this decision since at least December 2013.

But it has now voted that the two applications “should not proceed”. It does not appear to have banned organizations from applying for the strings in subsequent application rounds.

The applicant for .islam and .halal was Turkey-based Asia Green IT System. It applications have been “on-hold” since the GAC issued non-consensus advice against them back in April 2013.

The OIC filed Community Objections against both gTLDs with the International Chamber of Commerce, but failed on both counts.

Having failed to see any progress, in December 2015, AGIT filed an Independent Review Process appeal against its treatment by ICANN, and won.

The November 2017 IRP decision held that the “on-hold” status was a “new policy”, unilaterally put in place by ICANN Org, that unfairly condemned AGIT’s applications to indefinite limbo.

The panel ordered ICANN to make its damn mind up one way or the other and pay about $270,000 in costs.

While rejecting the applications may not seem unreasonable, it’s an important example of a minority group of governments getting an essential veto over a gTLD.

Under the rules of the 2012 application round, consensus GAC advice against an application is enough to kill it stone dead.

But the GAC had merely said (pdf):

The GAC recognizes that Religious terms are sensitive issues. Some GAC members have raised sensitivities on the applications that relate to Islamic terms, specifically .islam and .halal. The GAC members concerned have noted that the applications for .islam and .halal lack community involvement and support. It is the view of these GAC members that these applications should not proceed.

That’s non-consensus advice, which is expected to initiate bilateral engagement with ICANN’s board before a decision is made.

In the case of .persiangulf, also applied for by AGIT and also now rejected, the GAC didn’t even give non-consensus advice.

In fact, in its July 2013 Durban communique (pdf) is explicitly stated it “does not object to them proceeding”.

This appears to have been a not atypical GAC screw-up. The minutes of the Durban meeting, published months later, showed that the Gulf Cooperation Council states had in fact objected — there’s a bit of a dispute in that part of the world about whether it’s the “Persian Gulf” or “Arabian Gulf” — so the GAC would have been within its rights to publish non-consensus advice.

This all came out when the GCC filed its own IRP against ICANN, which it won.

The IRP panel in that case ordered ICANN to outright reject .persiangulf. Two years later, it now has.

While the three gTLDs in question are now going into “Will Not Proceed” status, that may not be the end of the story. One “Will Not Proceed” applicant, DotConnectAfrica, has taken ICANN to court in the US over its .africa application.

No, I don’t get what’s going on with GDPR either

Kevin Murphy, May 16, 2018, Domain Policy

GDPR comes into effect next week, changing the Whois privacy landscape forever, and like many others I still haven’t got a clue what’s going on.

ICANN’s still muddling through a temporary Whois spec that it hopes will shield itself and the industry from fines, special interests are still lobbying for special privileges after May 25, EU privacy regulators are still resisting ICANN’s begging expeditions, and registries and registrars are implementing their own independent solutions.

So what will Whois look like from next Friday? It’s all very confusing.

But here’s what my rotting, misfiring, middle-aged brain has managed to process over the last several days.

1. Not even the ICANN board agrees on the best way forward

For the best part of 2018, ICANN has been working on a temporary replacement Whois specification that it could crowbar into its contracts in order to enforce uniformity across the gTLD space and avoid “fragmentation”, which is seen as a horrific prospect for reasons I’ve never fully understood (Whois has always been fragmented).

The spec has been based on legal advice, community and industry input, and slim guidance from the Article 29 Working Party (the group comprising all EU data protection authorities or DPAs).

ICANN finally published a draft (pdf) of the spec late last Friday, May 11.

That document states… actually, forget it. By the time the weekend was over it and I had gotten my head around it, it had already been replaced by another one.

Suffice it to say that it was fairly vague on certain counts — crucially, what “legitimate purposes” for accessing Whois records might be.

The May 14 version came after the ICANN board of directors spent 16 hours or so during its Vancouver retreat apparently arguing quite vigorously about what the spec should contain.

The result is a document that provides a bit more clarity about that it hopes to achieve, and gets a bit more granular on who should be allowed access to private data.

Importantly, between May 11 and May 14, the document started to tile the scales a little away from the privacy rights of registrants and towards towards the data access rights of those with the aforementioned legitimate purposes for accessing it.

One thing the board could agree on was that even after working all weekend on the spec, it was still not ready to vote to formally adopt it as a Temporary Policy, which would become binding on all registries and registrars.

It now plans to vote on the Temporary Policy tomorrow, May 17, after basically sleeping on it and considering the last-minute yowls and cries for help from the variously impacted parts of the community.

I’ll report on the details of the policy after it gets the nod.

2. ICANN seems to have grown a pair

Tonally, ICANN’s position seems to have shifted over the weekend, perhaps reflecting an increasingly defiant, confident ICANN.

Its weekend resolution asserts:

the global public interest is served by the implementation of a unified policy governing aspects of the gTLD Registration Data when the GDPR goes into full effect.

For ICANN to state baldly, in a Resolved clause, that something is in the “global public interest” is notable, given what a slippery topic that has been in the past.

New language in the May 14 spec (pdf) also states, as part of its justification for continuing to mandate Whois as a tool for non-technical purposes: “While ICANN’s role is narrow, it is not limited to technical stability.”

The board also reaffirmed that it’s going to reject Governmental Advisory Committee advice, which pressured ICANN to keep Whois as close to its current state as possible, and kick off a so-called “Bylaws consultation” to see if there’s any way to compromise.

I may be reading too much into all this, but it seems to me that having spent the last year coming across as a borderline incompetent johnny-come-lately to the GDPR conversation, ICANN’s becoming more confident about its role.

3. But it’s still asking DPAs for a moratorium, kinda

When ICANN asked the Article 29 Working Party for a “moratorium” on GDPR enforcement, to give itself and the industry some breathing space to catch up on its compliance initiatives, it was told no such thing was legally possible.

Not to be deterred, ICANN has fired back with a long list of questions (pdf) asking for assurances that DPAs will not start fining registrars willy-nilly after the May 25 deadline.

Sure, there may be no such thing as a moratorium, ICANN acknowledges, but can the DPAs at least say that they will take into account the progress ICANN and the industry is making towards compliance when they consider their responses to any regulatory complaints they might receive?

The French DPA, the Commission Nationale de L’informatique & Libert├ęs, has already said it does not plan to fine companies immediately after May 25, so does that go for the other DPAs too? ICANN wants to know!

It’s basically another way of asking for a moratorium, but one based on aw-shucks reasonableness and an acknowledgement that Whois is a tricky edge case that probably wasn’t even considered when GDPR was being developed.

4. No accreditation model, yet

There’s no reference in the new spec to an accreditation model that would give restricted, tiered access to private Whois data to the likes of security researchers and IP lawyers.

The board’s weekend resolution gives a nod to ongoing discussions, led by the Intellectual Property Constituency and Business Constituency (and reluctantly lurked on by other community members), about creating such a model:

The Board is aware that some parts of the ICANN community has begun work to define an Accreditation Model for access to personal data in Registration Data. The Board encourages the community to continue this work, taking into account any advice and guidance that Article 29 Working Party or European Data Protection Board might provide on the topic.

But there doesn’t appear to be any danger of this model making it into the Temporary Policy tomorrow, something that would have been roundly rejected by contracted parties.

While these talks are being given resource support by ICANN (in terms of mailing lists and teleconferencing), they’re not part of any formal policy development process and nobody’s under any obligation to stick to whatever model gets produced.

The latest update to the accreditation model spec, version 1.5, was released last Thursday.

It’s becoming a bit of a monster of a document — at 46 pages it’s 10 pages longer than the ICANN temporary spec — and would create a hugely convoluted system in which people wanting Whois access would have to provide photo ID and other credentials then pay an annual fee to a new agency set up to police access rights.

More on that in a later piece.

5. Whois is literally dead

The key technical change in the temporary Whois spec is that it’s not actually Whois at all.

Whois is not just the name given to the databases, remember, it’s also an aging technical standard for how queries and responses are passed over the internet.

Instead, ICANN is going to mandate a switch to RDAP, the much newer Registration Data Access Protocol.

RDAP makes Whois output more machine-readable and, crucially, it has access control baked in, enabling the kind of tiered access system that now seems inevitable.

ICANN’s new temporary spec would see an RDAP profile created by ICANN and the community by the end of July. The industry would then have 135 days — likely a late December deadline — to implement it.

Problem is, with a few exceptions, RDAP is brand-new tech to most registries and registrars.

We’re looking at a steep learning curve for many, no doubt.

6. It’s all a bit of a clusterfuck

The situation as it stands appears to be this:

ICANN is going to approve a new Whois policy tomorrow that will become binding upon a few thousand contracted parties just one week later.

While registries and registrars have of course had a year or so’s notice that GDPR is coming and will affect them, and I doubt ICANN Compliance will be complete assholes about enforcement in the near term, a week’s implementation time on a new policy is laughably, impossibly short.

For non-contracted parties, a fragmented Whois seems almost inevitable in the short term after May 25. Those of us who use Whois records will have to wait quite a bit longer before anything close to the current system becomes available.