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Two legit registrars held to account for lack of abuse tracking

Kevin Murphy, January 26, 2015, Domain Registrars

ICANN Compliance’s campaign against registrars that fail to respond to abuse reports continued last week, with two registrars hit with breach notices.

The registrars in question are Above.com and Astutium, neither of which one would instinctively bundle in to the “rogue registrar” category.

Both companies have been told they’ve breached section 3.18.1 of their Registrar Accreditation Agreement, which says: “Registrar shall take reasonable and prompt steps to investigate and respond appropriately to any reports of abuse.”

Specifics were not given, but it seems that people filed abuse reports with the registrars then complained to ICANN when they did not get the response they wanted. ICANN then was unable to get the registrars to show evidence that they had responded.

Both companies have until February 12 to come back into compliance or risk losing their accreditations.

Domain investor-focused Above.com had over 150,000 gTLD domains on its books at the last official count. UK-based Astutium has fewer than 5,000 (though it says the current number, presumably including ccTLD names, is 53,350).

It’s becoming increasingly clear that registrars under the 2013 RAA are going to be held to account by ICANN to the somewhat vague requirements of 3.18.1, and that logging communications with abuse reports is now a must.

New ccTLDs may have to block name collisions

Kevin Murphy, January 26, 2015, Domain Registries

ICANN is thinking about expanding its controversial policy on name collisions from new gTLDs to new ccTLDs.

The country code Names Supporting Organization has been put on notice (pdf) that ICANN’s board of directors plans to pass a resolution on the matter shortly.

The resolution would call on the ccNSO to “undertake a study to understand the implications of name collisions associated with the launch of new ccTLDs” including internationalized domain name ccTLDs, and would “recommend” that ccTLD managers implement the same risk mitigation plan as new gTLDs.

Because ICANN does not contract with ccTLDs, a recommendation and polite pressure is about as far as it can go.

Name collisions are domains in currently undelegated TLDs that nevertheless receive DNS root traffic. In some cases, that may be because the TLDs are in use on internal networks, raising the potential of data leakage or breakages if the TLDs are then delegated.

ICANN contracts require new gTLDs to block such names or wildcard their zones for 90 days after launch.

Some new gTLD registry executives have mockingly pointed to the name collisions issue whenever a new ccTLD has been delegated over the last year or so, asking why, if collisions are so important, the mitigation plan does not apply to ccTLDs.

If the intent was to persuade ICANN that the collisions management framework was unnecessary, the opposite result has been achieved.

Jeff Neuman quits Neustar for Valideus

Kevin Murphy, January 23, 2015, Domain Registries

Neustar’s top domain name guy is moving to UK new gTLD consultancy Valideus.

Jeff Neuman, who’s been with Neustar for over 15 years, will become Valideus’ senior vice president for North America, starting this coming Monday, according to Valideus managing director Nick Wood.

I don’t know who’s replacing him at Neustar, where he’s been in charge of the company’s domain name business for the last couple of years, overseeing the company’s business as a registry back-end provider and registry for New York’s .nyc new gTLD.

Neuman was previously Neustar’s longstanding VP of policy, a role which also saw him heavily involved in ICANN’s GNSO Council and Neustar’s application for and launch of .biz, back in 2000.

He’s been quite a pivotal and sometimes outspoken figure over the years.

Valideus is the new gTLD service provider sister company to Com Laude, the brand-focused registrar. It provides application consulting and ongoing registry/registrar management for dot-brand gTLD applicants and registries, Amazon among them.

I gather that Neuman will remain based in the US, as his new job title implies.

.gay is gay enough after all? ICANN overturns community panel decision

Kevin Murphy, January 22, 2015, Domain Registries

One of the applicants for .gay has won a significant battle in the fight for the controversial new gTLD.

In a shock move, a committee of ICANN’s board of directors has overturned the rejection of dotgay LLC’s Community Priority Evaluation, ordering that the case should be re-examined by a new panel of experts.

As you may recall, dotgay’s CPE was kicked out in October after the Economist Intelligence Unit panel decided that the company’s defined community was too broad to be described by “gay” as it included a lot of people who aren’t gay, such as straight people.

The decision — which I thought was probably correct — caused an uproar from dotgay’s myriad supporters, which include dozens of international equal rights and gay community organizations.

dotgay filed a Request for Reconsideration, ICANN’s cheapest but least reliable form of appeal, and today found out it actually won.

ICANN’s Board Governance Committee, which handles the RfR process, this week ruled (pdf):

The BGC concludes that, upon investigation of Requester’s claims, the CPE Panel inadvertently failed to verify 54 letters of support for the Application and that this failure contradicts an established procedure. The BGC further concludes that the CPE Panel’s failure to comply with this established CPE procedure warrants reconsideration. Accordingly, the BGC determines that the CPE Panel Report shall be set aside, and that the EIU shall identify two different evaluators to perform a new CPE for the Application

The successful RfR appears to be based on a technicality, and may have no lasting impact on the .gay contention set.

Under the EIU’s process rules: “With few exceptions, verification emails are sent to every entity that has sent a letter(s) of support or opposition to validate their identity and authority”.

It seems that the EIU was sent a bundle of 54 letters of support for dotgay, but did not email the senders to verify they were legit. The BCG wrote:

Over the course of investigating the claims made in Request 14-44, ICANN learned that the CPE Panel inadvertently did not verify 54 of the letters of support it reviewed. All 54 letters were sent by the Requester in one correspondence bundle, and they are publicly posted on ICANN’s correspondence page.36 The 54 letters were deemed to be relevant by the EIU, but the EIU inadvertently failed to verify them.

If an applicant wins a CPE it means all the other applicants are automatically excluded, and the door is now open for the EIU to rethink its earlier decision.

So do competing applicants Rightside, Minds + Machines and Top Level Design now have genuine cause for concern? Not necessarily.

CPE applicants need to score at least 14 out of 16 available points in order to win, and dotgay only scored 10 points in its original evaluation.

Crucially, the EIU panel said that because the “community” as defined by dotgay included transgender, intersex, asexual and straight “allies” of equal rights, it was too broad to score any of the available four points on the “Nexus” criteria.

The BCG could find no fault with the EIU’s determination on Nexus, so even if dotgay’s letters of support are verified according to procedure, it would not necessarily lead to dotgay picking up any more Nexus points.

The BCG wrote on Nexus: “Requester’s substantive disagreement with the CPE Panel’s conclusion does not support reconsideration”.

However, given that the EIU is going to do the entire CPE all over again with new panelists, it seems entirely possible that dotgay could win this time.

NCC buys Open Registry for up to $22.6m — a gTLD registry now owns part of the TMCH

Kevin Murphy, January 20, 2015, Domain Registries

NCC Group has acquired registry back-end provider Open Registry in a deal that could be worth as much as £14.9 million ($22.6 million).

The deal means that NCC, which runs the new gTLD .trust via subsidiary Artemis Internet, now owns a back-end, a registrar and a piece of the Trademark Clearinghouse, in addition to its original core domain business of providing data escrow services to registries.

According to NCC, the acquisition is for a minimum of £7.9 million ($12 million), with the rest to be paid over three years if Open Registry meets performance targets.

Open Registry had revenue of €3.7 million ($4.3 million) in 2014, turning a profit of €15,000 ($17,300).

Its core business is as a back-end provider for new gTLD applicants. It has about 20 on its books, mostly European dot-brands and cities.

Part of the company’s business is CHIP, the Clearinghouse of Intellectual Property, which along with IBM and Deloitte runs the ICANN-sanctioned TMCH, which all new gTLD registries must use in their Sunrise and Trademark Claims launch periods.

It also owns a small registrar, Nexperteam, which has about 8,000 domains under management.

The Benelux company employs eight people.

Open Registry’s founding CEO Jean-Christophe Vignes joined Artemis as head of domain operations in 2013.