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Chehade outlines five ways ICANN could die

Kevin Murphy, October 7, 2015, Domain Policy

Aarrgh! We’re all going to die!!!!1

ICANN CEO Fadi Chehade has outlined five ways in which the internet could fall to pieces if the IANA transition fails, and they all seem really horrible.

Chehade presented the list at a telephone meeting of leaders of ICANN supporting organizations and advisory committees yesterday.

I don’t know what was said yet, but I can guess the tone from one of Chehade’s accompanying slides:

5 Risks we face if the IANA Stewardship Transition is Delayed/Fails:

I. ICANN’s community may fracture or fray slowly, becoming divided, acrimonious, bitter — potentially risking ICANN’s stability, effectiveness — and impacting the participation of global stakeholders

II. The technical operating communities using IANA may go separate ways, with the IETF and the Numbering communities choosing to take their business elsewhere — ending the integrity of the Internet’s logical infrastructure

III. Governments (encouraged by G77) may lead an effort starting at this year during the WSIS review to shift Internet Governance responsibilities to a more stable and predictable inter-governmental platform

IV. Key economies that shifted positions since NTIA’s announcement in March 2014 may reverse their support for ‘one Internet’ logical infrastructure coordinated by ICANN

V. The resilience and effectiveness of the multistakholder model will be questioned by those seeking solutions to the emerging Internet Governance issues in the economic and societal layer (e.g. cyber security, trade, privacy, copyright protections, etc.)

Judging by the slides, ICANN reckons that the community needs to have its transition proposal delivered by December, if ICANN is to meet the current September 30, 2016 transition deadline.

There are a whole host of sessions devoted to the transition at the forthcoming public meeting in Dublin.

The transition process is currently in a very tricky spot because the ICANN board of directors does not agree with the community proposals to restructure ICANN.

URS arrives in three legacy gTLDs

Kevin Murphy, October 2, 2015, Domain Policy

The legacy gTLDs .cat, .pro and .travel will all be subject to the Uniform Rapid Suspension policy from now on.

Earlier this week, ICANN approved the new Registry Agreements, which are based on the new gTLD RA and include URS, for all three.

URS is an anti-cybersquatting policy similar to UDRP. It’s faster and cheaper than UDRP but has a higher burden of proof and only allows domains to be suspended rather than transferred.

The inclusion of the policy in pre-2012 gTLDs caused a small scandal when it was revealed a few months ago.

Critics, particularly the Internet Commerce Association, said that URS (unlike UDRP) is not a Consensus Policy and therefore should not be forced on registries.

ICANN responded that adding URS to the new contracts came about in bilateral negotiations with the registries.

The board said in its new resolutions this week:

the Board’s approval of the Renewal Registry Agreement is not a move to make the URS mandatory for any legacy TLDs, and it would be inappropriate to do so. In the case of .CAT, inclusion of the URS was developed as part of the proposal in bilateral negotiations between the Registry Operator and ICANN.

The concern for ICA and others is that URS may one day be forced into the .com RA, putting domainer portfolios at increased risk.

Viking victor in .cruise gTLD auction

Kevin Murphy, October 2, 2015, Domain Registries

Viking River Cruises has emerged as the winner of the .cruise new gTLD contention set.

It seems to have beaten Cruise Lines International Association, which has withdrawn the only competing application, in an auction.

Both applicants originally proposed a single-registrant model, in which only the registry could own domains, but changed their plans after ICANN adopted Governmental Advisory Committee advice against so-called “closed generic” gTLDs.

There was controversy in July when CLIA claimed Viking had waited too long to change its proposed registration policies.

The group accused Viking of deliberately delaying the contention set.

ICANN, however, rejected its argument, saying applicants can submit change requests at any time.

Viking’s updated application seems to envisage something along the lines of .travel, where registration is limited to credentialed industry members, defined as:

Applicant and its Affiliates, agents, network providers and others involved in the delivery of cruise-related services, including without limitation: companies that hold a license from a governmental or regulatory body to offer cruise services, companies that provide services or equipment to cruise providers, as well as consultants, resellers, engineers, etc., working with the cruise industry.

Viking is already the registry for its dot-brand, .viking.

ICANN: we won’t force registrars to suspend domains

Kevin Murphy, October 2, 2015, Domain Registrars

In one of the ongoing battles between registrars and the intellectual property lobby, ICANN’s compliance department seems to have sided with the registrars, for now.

Registrars will not be forced to suspend domain names when people complain about abusive or illegal behavior on the associated web sites, according to chief contract compliance office Allen Grogan.

The decision will please registrars but will come as a blow to the likes of music and movie studios and those who fight to shut down dodgy internet pharmacies.

Grogan yesterday published his interpretation of the 2013 Registrar Accreditation Agreement, specifically the section (3.18) that obliges registrars to “investigate and respond appropriately” abuse reports.

The IP crowd take this to mean that if they submit an abuse report claiming, for example, that a web site sells medicines across borders without an appropriate license, the registrar should check out the site then turn off the domain.

Registrars, on the other hand, claim they’re in no position to make a judgment call about the legality of a site unless presented with a proper court order.

Grogan appears to have taken this view also, though he indicated that his work is not yet done. He wrote:

Sometimes a complaining party takes the position that that there is only one appropriate response to a report of abuse or illegal activity, namely to suspend or terminate the domain name registration. In the same circumstances, a registrar may take the position that it is not qualified to make a determination regarding whether the activity in question is illegal and that the registrar is unwilling to suspend or terminate the domain name registration absent an order from a court of competent jurisdiction. I am continuing to work toward finding ways to bridge these gaps.

It’s a testament to how little agreement there is on this issue that, when we asked Grogan back in June how long it would take to provide clarity, he estimated it would take “a few weeks”. Yet it’s still not fully resolved.

His blog post last night contains a seven-point checklist that abuse reporters must conform to in order to give registrars enough detail to with with.

They must, for example, be specific about who they are, where the allegedly abusive content can be found, whose rights are being infringed, and which laws are being broken in which jurisdiction.

It also contains a six-point checklist for how registrars must respond.

Registrars are only obliged to investigate the URL in question (unless they fear exposure to malware or child abuse material), inform the registrant about the complaint, and inform the reporter what, if anything, they’ve done to remediate the situation.

There’s no obligation to suspend domains, and registrars seem to have great leeway in how they treat the report.

In short, Grogan has interpreted RAA 3.18 in a way that does not seem to place any substantial additional burden on registrars.

He’s convening a roundtable discussion for the forthcoming ICANN meeting in Dublin with a view to getting registrars to agree to some non-binding “voluntary self-regulatory” best practices.

ICANN going to Panama for 56th meeting

Kevin Murphy, October 1, 2015, Domain Policy

Panama has been selected as the venue for ICANN’s 56th public meeting.

The ICANN board of directors approved the location a few days ago.

The meeting will be held in June next year in Panama City.

ICANN 56 falls between the March meeting in Marrakech, Morocco and October’s meeting in San Juan, Puerto Rico.

The final meeting of 2015 happens in Dublin, Ireland in a couple of weeks.

The structure of ICANN meetings changes next year, so the Panama gathering will be the first example of a four-day schedule that eschews traditional sessions such as the opening ceremony and public forum.