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Iran reported to Ombudsman after new gTLD conspiracy theory

Kevin Murphy, May 17, 2017, Domain Policy

ICANN’s Ombudsman has stepped in to resolve a complaint from the Iranian government that it was being “excluded” from discussions about the next phase of the new gTLD program.

Kavouss Arasteh, Iran’s Governmental Advisory Committee representative, earlier this month accused the leadership of the New gTLD Subsequent Procedures Working Group of deliberately scheduling teleconferences to make them difficult for him to attend.

He said the 0300 UTC timing of a meeting made it “painful” for European volunteers to participate (though it’s 0730 in Tehran).

When WG co-chair Avri Doria said that the time had been selected to avoid clashes with other working groups and declined his request, Arasteh said in an email: “If you insist, I interpret that this is an effort to EXCLUDE GAC TO ATTEND THE PDP.”

In other words, he was accusing the WG leaders of trying to exclude governments from helping to develop the rules of the new gTLD program.

Doria responded that she took the tone of the remarks as “abusive”, adding:

since my motives have been attacked and since I have been accused of trying to prevent GAC participation, I have no choice other than to turn this issue over to the Ombudsman.

The only other alternative I can think of is to accept the fact that I am incapable of co-chairing this group and step down.

Fellow co-chair Jeff Neuman chipped in with a detailed explanation of how, in the global ICANN community, there usually isn’t a time of day that is not inconvenient to at least some volunteers.

(It’s sometimes possible to hear snoring on these calls, but that’s not always due to the time of day.)

Today, Ombudsman Herb Weye responded to Doria’s complaint, saying that it has been “resolved” between the two parties. He wrote:

Without going into detail I am pleased to advise the working group that this complaint has been resolved and that I can bear witness to a unanimous demonstration of support for the leadership of the working group.

I would like to highlight the professional, “human” approach taken by all involved and their willingness to communicate in a clear, respectful and objective manner. This cooperative atmosphere allowed for a timely discussion and quick resolution.

Aratesh has for some time been one of the most vocal and combative GAC reps, noticeably unafraid to raise his voice when he needs to make his point.

He recently publicly threatened to take his concerns about ICANN’s policy on two-character domains to the International Telecommunications Union if his demands were not met.

ICANN loosens Whois privacy rules for registrars

Kevin Murphy, April 20, 2017, Domain Policy

ICANN has made it easier for registries and registrars to opt-out of Whois-related contractual provisions when they clash with local laws.

From this week, accredited domain firms will not have to show that they are being investigated by local privacy or law enforcement authorities before they can request a waiver from ICANN.

Instead, they’ll be also be able to request a waiver preemptively with a statement from said authorities to the effect that the ICANN contracts contradict local privacy laws.

In both cases, the opt-out request will trigger a community consultation — which would include the Governmental Advisory Committee — and a review by ICANN’s general counsel, before coming into effect.

The rules are mainly designed for European companies, as the EU states generally enjoy stricter privacy legislation than their North American counterparts.

European registrars and registries have so far been held to a contract that may force them to break the law, and the only way to comply with the law would be to wait for a law enforcement proceeding.

ICANN already allows registrars to request waivers from the data retention provisions of the 2013 Registrar Accreditation Agreement — which require the registrar to hold customer data for two years after the customer is no longer a customer.

Dozens of European registrars have applied for and obtained this RAA opt-out.

Government anger over two-letter domains

Kevin Murphy, March 16, 2017, Domain Policy

ICANN’s Governmental Advisory Committee has clashed with its board of directors over the lack of protections for two-letter domain names that match country codes.

The board has now formally been urged to reconsider its policy to allow registries to sell these names, after angry comments and threats from some GAC members.

Governments from Brazil, Iran, China and the European Union are among at least 10 angered that the names are either not adequately protected or only available for exorbitant prices,

The debate got very heated at ICANN 58 here in Copenhagen on Wednesday morning, during a public session between the GAC and the board, with Iran’s outspoken GAC rep, Kavous Arasteh, almost yelling at Chris Disspain, the board’s point man on the topic.

Arasteh even threatened to take his concerns, if not addressed, to the International Telecommunications Union when it convenes for a plenipotentiary next year.

“Your position is not acceptable. Rejected categorically,” he said.

“The multistakeholder process was not easily accepted by many countries. Still people have difficulty with that,” he said. “We have a plenipotentiary coming in 2018, and we will raise the issue if the matter is not resolved… It is not always commercial, government also has some powers, and we exercise our powers.”

Invoking the ITU is a way to turn a relatively trivial disagreement into an existential threat to ICANN, a typical negotiating tactic of governments that don’t get what they want from ICANN.

The relatively trivial disagreement in this case is ICANN’s decision to allow gTLD registries to release all previously reserved two-letter strings.

In November, ICANN approved a policy that released all two-letter strings on the proviso that registrants have to assert that they will not pass themselves off as affiliated with the countries concerned.

Registries also were given a duty to investigate — but not necessarily act upon — governmental complaints about confusion.

ICANN thinks that this policy is perfectly compliant with the GAC’s latest official advice, supplied following the Helsinki meeting last June, which asked ICANN to:

urge the relevant Registry or the Registrar to engage with the relevant GAC members when a risk is identified in order to come to an agreement on how to manage it or to have a third-party assessment of the situation if the name is already registered.

Disspain patiently pointed out during Wednesday’s session that governments have no legal rights to their ccTLD strings at the second level, and that most of the complaining governments don’t even protect two-letter strings in their own ccTLDs.

But some GAC reps disagreed.

China stated (via the official interpreter): “We believe the board doesn’t have the right or the mandate to decide whether GAC members have the right over two-character domain names.”

While no government spoke in favor of the ICANN policy on Wednesday, the complaining governments do appear to be in a minority of the GAC.

Despite this, they seem to have been effective in swaying fellow committee members to issue some stern new advice. The Copenhagen communique, published last night (pdf), reads:

a. The GAC advises the ICANN Board to:

I. Take into account the serious concerns expressed by some GAC Members as contained in previous GAC Advice

II. Engage with concerned governments by the next ICANN meeting to resolve those concerns.

III. Immediately explore measures to find a satisfactory solution of the matter to meet the concerns of these countries before being further aggravated.

IV. Provide clarification of the decision-making process and of the rationale for the November 2016 resolution, particularly in regard to consideration of the GAC advice, timing and level of support for this resolution.

ICANN is being compelled to retroactively revisit a policy that was issued in compliance with previous GAC advice, it seems.

The next ICANN meeting is being held in Johannesburg in June, so the clock is ticking.

Two-letter domains are valuable properties even in new gTLDs. With each expected to sell for thousands, two-letter names are likely to be a multimillion dollar windfall for even moderately sized portfolio registries.

Schneider quits as chair of GAC

Kevin Murphy, March 11, 2017, Domain Policy

ICANN’s Governmental Advisory Committee is looking for a new chair.

Incumbent Thomas Schneider intends to leave the role before his current two-year term expires, he told GAC members assembled here at the ICANN 58 public meeting in Copenhagen this afternoon.

Schneider said that his boss at the Swiss government agency at which he works recently retired and that he has been appointed his successor.

From April, he’ll become vice director of the Federal Office of Communication, responsible for international affairs, he said.

The increased workload, including organizing the next Internet Governance Forum in Geneva, means he will no longer be able to devote his time to chairing the GAC, he said.

Schneider’s first two-year term as GAC chair started at the beginning of 2015. He was reelected to the position for a second term last November.

His replacement will be elected at the ICANN 60 meeting in Abu Dhabi this coming October, at which point Schneider will hand over the reins.

Get ready for thousands of new two-letter domains

Kevin Murphy, November 9, 2016, Domain Policy

New gTLD registry operators have been given the right to start selling two-letter domains that match country codes.

Potentially thousands of names could start being released next year, resulting in a windfall for registries and possible opportunities for investors.

Some governments, however, appear to be unhappy with the move and how ICANN’s board of directors reached its decision.

The ICANN board yesterday passed a resolution that will unblock all two-letter domains that match country codes appearing on the ISO 3166 list, most of which are also ccTLDs.

While the resolution gives some protection to governments worried about abuse of “their” strings, it’s been watered down to virtually nothing.

In the first draft of the rules, published in July, ICANN said registries “must” offer an “Exclusive Availability Pre-registration Period” — a kind of mini-sunrise period limited to governments and ccTLD operators.

In the version approved by ICANN yesterday, the word “must” has been replaced by “may” and the word “voluntary” has been added.

In other words, registries won’t have to give any special privileges to governments when they start selling two-character names.

They will, however, have to get registrants to agree that they won’t pass themselves off as having affiliations with the relevant government. It looks like registries probably could get away with simply adding a paragraph to their terms of service to satisfy this requirement.

Registries will also have to “take reasonable steps to investigate and respond to any reports from governmental agencies and ccTLD operators of conduct that causes confusion with the corresponding country code in connection with the use of a letter/letter two-character ACSCII domain.”

This too is worded vaguely enough that it could wind up being worthless to governments, many of which are worried about domains matching their ccTLDs being passed off as government-approved.

The Governmental Advisory Committee is split on how worrisome this kind of thing is.

For examples, governments such as Spain and Italy have fought for the right to get to pre-approve the release of “es” and “it” domains, whereas the governments of the US and UK really could not care less.

The most-recent formal GAC advice on the subject, coming out of the July meeting in Helsinki, merely said ICANN should:

urge the relevant Registry or the Registrar to engage with the relevant GAC members when a risk is identified in order to come to an agreement on how to manage it or to have a third-party assessment of the situation if the name is already registered

“It is our belief that that our resolution is consistent with GAC advice,” outgoing ICANN board member Bruce Tonkin said yesterday, noting that nobody can claim exclusive rights over any string, regardless of length.

Before and after the resolution passed, the GAC expressed “serious concern” that the board had not formally responded to the Helsinki communique.

In its Hyderabad communique, issued after yesterday’s vote, the GAC advised the board to:

  • Clearly indicate whether the actions taken by the Board as referred to in the resolution adopted on 8 November 2016 are fully consistent with the GAC advice given in the Helsinki Communiqué.
  • Always communicate in future the position of the Board regarding GAC advice on any matter in due time before adopting any measure directly related to that advice.

ICANN staff are now tasked with coming up with a way to implement the two-character release.

My sense is that some kind of amendment to Registry Agreements might be required, so we’re probably looking at months before we start seeing two-letter domains being released.