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Expect “minor inconveniences” in post-hurricane Puerto Rico

Kevin Murphy, December 12, 2017, Domain Policy

ICANN 61 is going ahead in Puerto Rico despite the continuing fallout of a devastating hurricane season, the organization has confirmed.

The March 10-15 meeting will take place at the convention center in San Juan, and participants can only expect “minor inconveniences”

ICANN said in a statement:

We recognize that Puerto Rico is still in the recovery phase, and while we can expect some minor inconveniences, the convention center and supporting hotels are fully operational and eager to host our event in March.

ICANN has not yet listed its official supporting hotels, where it usually negotiates bulk discounts, on the official ICANN 61 page.

In the event you, like me, always find ICANN’s approved hotels a tad on the pricey side, you’ll probably need to do your own research.

ICANN added that it has been working with the island’s governor and that: “We have been assured that our presence in San Juan will support economic recovery on the island.”

Hurricane Maria made landfall in Puerto Rico on September 20, killing at least 48 people and causing billions of dollars in property damage.

The convention center venue for ICANN 61 escaped relatively unscathed and was actually used as a command and control center during the immediate aftermath of the disaster.

.kids auction is off

Kevin Murphy, December 12, 2017, Domain Registries

ICANN has postponed the planned auction of the .kid(s) gTLDs after an appeal from one of the applicants.

The last-resort auction had been penciled in for January 25, and there was a December 8 deadline for the three participants to submit their info to the auctioneer.

But DotKids Foundation, the shallowest-pocketed of the three, filed a Request for Reconsideration last Wednesday, asking ICANN to put the contention set back on hold.

The cancellation of the January auction appears to be to give ICANN’s board of directors time to consider the RfR under its usual process — it has not yet ruled on it.

DotKids and Amazon have applied for .kids and Google has applied for .kid. A String Confusion Objection won by Google put the two strings in the same contention set, meaning only one will eventually go live.

DotKids comprehensively lost a Community Priority Evaluation, which would negate an auction altogether, but it thinks the CPE got it wrong and wants to be treated the same way as other gTLD applicants whose CPE results are currently under review.

Reconsideration requests take between 30 and 90 days to process, and they rarely go the way of the requester, so the delay to the auction will likely not be too long.

As .wed goes EBERO, did the first new gTLD just fail?

Kevin Murphy, December 11, 2017, Domain Registries

A wedding-themed gTLD with a Bizarro World business model may become the first commercial gTLD to outright fail.

.wed, run by a small US outfit named Atgron, has become the first non-brand gTLD to be placed under ICANN’s emergency control, after it lost its back-end provider.

DI understands that Atgron’s arrangement with its small New Zealand back-end registry services provider CoCCA expired at the end of November and that there was a “controlled” transition to ICANN’s Emergency Back-End Registry Operator program.

The TLD is now being managed by Nominet, one of ICANN’s approved EBERO providers.

It’s the first commercial gTLD to go to EBERO, which is considered a platform of last resort for failing gTLDs.

A couple of unused dot-brands have previously switched to EBERO, but they were single-registrant spaces with no active domains.

.wed, by contrast, had about 40 domains under management at the last count, some apparently belonging to actual third-party registrants.

Under the standard new gTLD Registry Agreement, ICANN can put a TLD in the emergency program if they fail to meet up-time targets in any of five critical registry functions.

In this case, ICANN said that Atgron had failed to provide Whois services as required by contract. The threshold for Whois triggering EBERO is 24 hours downtime over a week.

ICANN said:

Registry operator, Atgron, Inc., which operates gTLD .WED, experienced a Registration Data Directory Services failure, and ICANN designated EBERO provider Nominet as emergency interim registry operator. Nominet has now stepped in and is restoring service for the TLD.

The EBERO program is designed to be activated should a registry operator require assistance to sustain critical registry functions for a period of time. The primary concern of the EBERO program is to protect registrants by ensuring that the five critical registry functions are available. ICANN’s goal is to have the emergency event resolved as soon as possible.

However, the situation looks to me a lot more like a business failure than a technical failure.

Multiple sources with knowledge of the transition tell me that the Whois was turned off deliberately, purely to provide a triggering event for the EBERO failover system, after Atgron’s back-end contract with CoCCA expired.

The logic was that turning off Whois would be far less disruptive for registrants and internet users than losing DNS resolution, DNSSEC, data escrow or EPP.

ICANN was apparently aware of the situation and it all happened in a coordinated fashion. I’ve yet to confirm this with ICANN but will update this story when I get additional clarity.

In its statement, ICANN says that Nominet has only been appointed as the “interim” registry, while Atgron works on its issues.

It’s quite possible that the registry will bounce back and sign a deal with a new back-end provider, or build its own infrastructure.

KSregistry, part of the KeyDrive group, briefly provided services to .wed last week before the EBERO took over, but I gather that no permanent deal has been signed.

One wonders whether it’s worth Atgron’s effort to carry on with the .wed project, which clearly isn’t working out.

The company was founded by an American defense contractor with no previous experience of the domain name industry after she read a newspaper article about the new gTLD program, and has a business model that has so far failed to attract customers.

The key thing keeping registrars and registrants away in droves has been its policy that domains could be registered (for about $50 a year) for a maximum period of two years before a $30,000 renewal fee kicked in.

That wasn’t an attempt to rip anybody off, however, it was an attempt to incentivize registrants to allow their domains to expire and be used by other people, pretty much the antithesis of standard industry practice (and arguably long-term business success).

That’s one among many contractual reasons that only one registrar ever signed up to sell .wed domains.

Atgron’s domains under management peaked at a bit over 300 in March 2016 and were down to 42 in August this year, making it probably the failiest commercial new gTLD from the 2012 round.

In short, .wed isn’t dead, but it certainly appears extremely unwell.

ICANN: tell us how you will break Whois rules

Kevin Murphy, December 11, 2017, Domain Policy

ICANN has invited registrars and registries to formally describe how they plan to break the current rules governing Whois in order to come into compliance with European Union law.

The organization today published a set of guidelines for companies to submit proposals for closing off parts of Whois to most internet users.

It’s the latest stage of the increasingly panicky path towards reconciling ICANN’s contracts with the General Data Protection Regulation, the EU law that comes into full effect in a little over five months.

GDPR is designed to protect the privacy of EU citizens. It’s generally thought to essentially ban the full, blanket, open publication of individual registrants’ contact information, but there’s still some confusion about what exactly registries and registrars can do to become compliant.

Fines maxing out at of millions of euros could be levied against companies that break the GDPR.

ICANN said last month that it would not pursue contracted parties that have to breach their agreements in order to avoid breaking the law.

The catch was that they would have to submit their proposals for revised Whois services to ICANN for approval first. Today is the first time since then that ICANN has officially requested such proposals.

The request appears fairly comprehensive.

Registries and registrars will have to describe how their Whois would differ from the norm, how it would affect interoperability, how protected data could be accessed by parties with “legitimate interests”, and so on.

Proposals would be given to ICANN’s legal adviser on GDPR, the Swedish law firm Hamilton, and published on ICANN’s web site.

ICANN notes that submitting a proposal does not guarantee that it will be accepted.

ICANN punts o.com auction to US watchdogs

Kevin Murphy, December 11, 2017, Domain Registries

Verisign’s proposed auction of the domain o.com might have a negative effect on competition and has been referred to US regulators.

That’s according to ICANN’s response to the .com registry’s request to release the domain, which is among the 23 single-letter domains currently reserved under the terms of its contract.

ICANN has determined that the release “might raise significant competition issues” and has therefore been referred to “to the appropriate governmental competition authority”.

It’s forwarded Verisign’s request to the US Department of Justice.

Verisign late last month asked ICANN if it could release o.com to auction as a test that could presumably lead to other single-character .com names being released in future.

The plan is for a charity auction, in which almost all the proceeds are donated to internet-related good causes.

Only the company running the auction would make any significant money; Verisign would just take its standard $7.85 annual fee.

ICANN told the company that it could find no technical reason that the release could not go ahead.

The only barrier is the fact that Verisign arguably has government-approved, cash-printing, market dominance and is therefore in a sensitive political position.

Whether its profitless plan will be enough to see the auction given the nod remains to be seen.

A certain bidder in the proposed auction would be Overstock.com, the online retailer, which has been pressuring ICANN and Verisign for the release of O.com for well over a decade and even owns trademarks covering the domain.

Disclosure: several years ago I briefly provided some consulting/writing services to a third party in support of the Verisign and Overstock positions on the release of single-character domain names, but I have no current financial interest in the matter.