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US “threatens” Costa Rica over Pirate Bay domains

Kevin Murphy, June 16, 2017, Domain Policy

The US government has been threatening to “close down” Costa Rica’s .cr registry over its refusal to take down a Pirate Bay domain name, according to the registry.

Representatives of the US embassy in Costa Rica have been badgering NIC.cr to take down thepiratebay.cr since 2015, according to a letter from Pedro León Azofeifa, president of Academia Nacional de Ciencias, which runs the registry.

The letter claims:

These interactions with the United States Embassy have escalated with time and include great pressure since 2016 that is exemplified by several phone calls, emails and meetings urging our ccTLD to take down the domain, even though this would go against our domain name policies

According to the letter, a US official “has mentioned threats to close our registry, with repeated harassment regarding our practices and operation policies and even personal negative comments directed to our Executive Director”.

The letter was sent to the chair of ICANN’s Governmental Advisory Committee 10 days ago, CC’d to senior ICANN, Costa Rican and US governmental figures, and has been circulated this week in the Latin American domain name community.

The form of the alleged threats to close the registry is not clear, but it should be noted that prior to October 1 last year the US Department of Commerce, via its now-relinquished oversight of ICANN, played a key role in the administration of the DNS root zone.

The Pirate Bay is of course a popular directory of BitTorrent links largely used to disseminate pirated copies of movies and music, much of it American-made.

The site has been TLD-hopping for years, as registries around the world shut down its domains for violations of their own local rules. It has been live on thepiratebay.cr since December 2014, when its Swedish operation was shut down by authorities.

The NIC.cr letter says that its own policies follow international “best practices” and allow it to take down domains when presented with a Costa Rican court order, but that “the pressure and harassment [from the US] to take down the domain name without its proper process and local court order persists”.

The US Department of Commerce even pressured its Costa Rican counterpart to investigate NIC.cr, but that probe concluded that the registry was acting within its procedures, according to the letter.

It’s not the first attempt to get rid of the Pirate Bay this year.

Public Interest Registry in February announced a “UDRP for copyright” proposal that would allow copyright holders to have piracy disputes heard by independent arbitrators. It looked like a way to get unloved thepiratebay.org domain taken down without PIR having to take unilateral action.

That proposal was shelved after an outcry from the industry and civil rights watchdogs.

In April, one of the Pirate Bay’s founders launched a piracy-friendly domain registration service.

Just this week, the European Court of Justice ruled, after seven years of legal fights, that the Pirate Bay infringes copyright, raising the possibility of the site being blocked in more European countries.

The NIC.cr letter is dated June 6. It has not yet been published by ICANN or the GAC.

Want to be one of the internet’s SEVEN SECRET KEY-HOLDERS? Apply now!

Kevin Murphy, May 22, 2017, Domain Tech

ICANN has put out a call for volunteers, looking for people to become what are sometimes referred to as “the internet’s seven secret key holders”.

Specifically, it needs Trusted Community Representatives, people of standing in the internet community who don’t mind carrying around a small key and getting a free trip to Los Angeles or Virginia once or twice a year.

The TCRs are used in the paranoia-inducing cryptographic key-signing ceremonies that provide DNSSEC at the root of the domain name system.

The ceremonies take place at ICANN data centers four times a year. The ceremonies themselves take hours, involve multiple layers of physical and data security, and the volunteers are expected to hang around for a day or two before and after each.

There’s no compensation involved, but the TCRs are allowed to apply to ICANN for travel reimbursements.

ICANN expects TCRs to stick around for about five years, but the large majority of the 28 people who act as TCRs (yeah, it’s not seven, it’s 28) have been in the role since 2010 and ICANN is probably planning a cull.

Other than knowing what the DNS is and how it works, the primary requirements are “integrity, objectivity, and intelligence, with reputations for sound judgment and open minds”.

If you think you tick those boxes, head here to apply.

IANA boss quits ICANN

Kevin Murphy, April 19, 2017, Domain Policy

The head of IANA is to leave the organization, ICANN announced this week.

Elise Gerich, currently vice president of IANA Services at ICANN and president of Public Technical Identifiers (PTI), will leave in October, according to a blog post.

She’ll stick around long enough to oversee the DNS root’s first DNSSEC Key-Signing Key rollover, which is due to go ahead October 11.

Gerich has been VP of IANA since May 2010, and took on the job of PTI president last October when the IANA function was restructured to remove the US government from the mix.

ICANN said it will start the hunt for her replacement shortly.

ICANN’s Empowered Community to get its first test-drive after appeals panel vote

Kevin Murphy, February 8, 2017, Domain Policy

ICANN’s post-transition bylaws have only been in effect for a few months, but the board of directors wants to change one of them already.

The board last week voted to create a new committee dedicated to handling Requests for Reconsideration — formal appeals against ICANN decisions.

But because this would change a so-called Fundamental Bylaw, ICANN’s new Empowered Community mechanism will have to be triggered.

The Board Governance Committee, noting that the number of RfR complaints it’s having to deal with has sharply increased due to fights over control of new gTLDs, wants that responsibility split out to be handled by a new, dedicated Board Accountability Mechanisms Committee.

It seems on the face of it like a fairly non-controversial change — RfRs will merely be dealt with by a different set of ICANN directors.

However, it will require a change to one of the Fundamental Bylaws — bylaws considered so important they need a much higher threshold to approve.

This means the untested Empowered Community (which I’m not even sure actually exists yet) is going to get its first outing.

The EC is an ad hoc non-profit organization meant to give ICANN the community (that is, you) ultimate authority over ICANN the organization.

It has the power to kick out directors, spill the entire board, reject bylaws changes and approve Fundamental Bylaws changes.

It comprises four or five “Decisional Participants” — GNSO, the ccNSO, the ALAC, the ASO and (usually) the GAC.

In this case at least three of the five Decisional Participants must approve the change, and no more than one may object.

The lengthy process for the EC approving the proposed bylaws change is outlined here.

I wouldn’t expect this proposal to generate a lot of heated discussion on its merits, but it will put the newly untethered ICANN to the test for the first time, which could highlight process weaknesses that could be important when more important policy changes need community scrutiny.

ICANN’s divorce from the US cost $32 million

Kevin Murphy, February 6, 2017, Domain Policy

The IANA transition cost ICANN a total of $32 million, according to documentation released today.

The hefty bill was racked up from the announcment of the transition in March 2014 until the end of 2016, according to this presentation (pdf).

A whopping $15 million of the total went on lawyers.

IANA costs

Another $8.3 million went on other third-party services, including lobbying, PR and translation.

More than half of the overall expenses — $17.8 million — was incurred in ICANN’s fiscal 2016, which ended last June.