Chinese registrars ask ICANN to waive fees due to Coronavirus

Almost 50 registries and registrars based in China have asked ICANN to temporarily waive its fees due to the economic impact they say Covid-19 — the new Coronavirus — is having on them.
They’ve all put their names to a February 21 letter (pdf) that ICANN published over the weekend, saying they “believe that it’s essential that ICANN provides immediate fee waiver to registries and registrars in China”.
The letter, signed by more than half of the currently accredited registrars in China, notes the cancellation of the Cancun public meeting, adding:

We highly respect and welcome ICANN’s approach to keep our community safe. Meanwhile, the contracted parties in China, including their staff, suppliers, and relevant business counterparts, are being hit and suffered by the 2019-nCoV in a much greater scale than in other countries and regions combined since January 2020. Many of the staff members have been restrained to perform sales and support functions at the level they are required to. There are significant delays in collections, payments and wire transfers. While we expect that the scale of 2019-nCoV could not go greater, the business growth estimate in 2020 has been jeopardized and the time of recovery can be very long.
While domestic aid on tax, rentals, etc. are being discussed and confirmed, we believe that it’s essential that ICANN provides immediate fee waiver to registries and registrars in China. The waiver of 2020 fees, including annual fees and transaction fees, will greatly help stabilize our business in the difficult time.

This is not a small ask. ICANN collects fees based on transaction volume, and many millions of transactions originate in China. That’s particularly true in the new gTLD space, where China dominates.
The Chinese companies say that ICANN could afford to waive the fees due to the money they say ICANN will save by cancelling Cancun and other international travel.
My hunch is that ICANN won’t agree to these demands. While China is currently undoubtedly disproportionately affected by Covid-19, that situation is rapidly changing.
In the coming weeks and months it’s quite possible — worst-case scenario — the rest of the world could be similarly affected. Is ICANN prepared to set a precedent that could see it sacrifice its entire annual budget? I doubt it.
All previous requests for ICANN to waive its fees for various other reasons have been denied.

Most languages won’t be available at ICANN 67

Translation services are the first component of ICANN 67 to fail victim to the org’s decision to hold the meeting entirely online.
ICANN announced last week that it has cancelled the in-person meeting, which had been due to kick off this coming Saturday in Cancun, due to fears about importing Covid-19 into Mexico and exacerbating its worldwide spread.
But it seems the lack of physical space is going to cause problems. It simply doesn’t have the room at its Los Angeles headquarters to accommodate all of its usual services.
There will be eight rooms operating simultaneously via Zoom during the meeting, ICANN said yesterday, and only two of those will have real-time interpretation.
Of the five non-English United Nations languages usually supported — Arabic, Chinese, French, Russian, and Spanish — only French and Spanish will be supported live. Portuguese, which is also usually available, will not be supported.
Sessions of the Governmental Advisory Committee and other high-interest meetings such as open board meetings and the Public Forums, will be given priority.
According to data released by ICANN in December, it appears very few remote participants people actually take advantage of live interpretation.
Of the 1,752 remote participants at ICANN 66, only 15 people tuned in non-English web audio streams and nine of those were listening to the Spanish, this report states. It appears the Arabic interpreter was broadcasting to an international audience of literally nobody.
This, of course, does not take into account how many people were physically in the room and using the live-interpretation headsets ICANN provides. These people will presumably have to switch to the web streams this time around.
Translated transcripts will be available after the meeting, faster than they are normally provided, ICANN said.
It seems that ICANN community members with limited English are going to be hardest hit by the switch to online-only.
Given that these people are most likely reading this article via Google Translate, I’d just like to add for clarity: my lonely moped speedily devours yawning leopards, while gorgeous shoelaces envelope my thorax.

DI Leaders Roundtable #3 — What did you think of ICANN 66?

It’s time for the third in the series of DI Leaders Roundtables, in which I pose a single question to a selection of the industry’s thought leaders.
With ICANN 66 taking place a couple of weeks ago in Montreal, Canada, a multitude of topics came under public discussion, among them: DNS abuse, the .amazon gTLD application, access to Whois data and geographic names protections.
So, this time around, I asked:

What was your biggest takeaway from ICANN 66?

And this, in no particular order, is what they said:
Frank Schilling, CEO, Uniregistry

What a great industry… So many stable players with fresh ideas. Innovators who cross pollinate and stay with the industry in spite of the fact that there is no new gold and obvious money-making opportunity at the moment. Many stable operators trying new things and growing the industry from the inside out.

Michele Neylon, CEO, Blacknight

There weren’t any big surprises at ICANN 66. As I expected there were a couple of topics that many people were focussed on and they ignored pretty much everything else.
The biggest single topic was “abuse”. It’s not a “new” topic, but it’s definitely one that has come to the fore in recent months.
Several of us signed on to a “framework to address abuse” in the run up to the ICANN meeting and that, in many respects, may have helped to shift the focus a little bit. It’s pretty clear that not all actors within the eco system are acting in good faith or taking responsibility for their actions (and inactions). It’s also pretty clear that a lot of us are tired of having to pay the cost for other people’s lack of willingness to deal with the issues.
Calls for adding more obligations to our contracts are not welcome and I don’t think they’ll help deal with the real outliers anyway.
There’s nothing wrong in theory with offering cheap domain names but if you consciously choose to adopt that business model you also need to make sure that you are proactive in dealing with fraud and abuse.

Ben Crawford, CEO, CentralNic

That M&A has become the dominant business activity in the domain industry.

Milton Mueller, Professor, Georgia Tech

My takeaways are shaped by my participation on the EPDP, which is trying to build a “standardized system of access and disclosure” for redacted Whois data. The acronym is SSAD, but it is known among EPDP aficionados as the “So-SAD.” This is because nearly all stakeholders think they want it to exist, but the process of constructing it through an ICANN PDP is painful and certain to make everyone unhappy with what they ultimately get.
The big issue here concerns the question of where liability under the GDPR will sit when private data is released through a So-SAD. Registrars and registries would like to fob off the responsibility to ICANN; ICANN tells the world that it wants responsibility to be centralized somehow in a So-SAD but ducks, dodges and double-talks if you ask it whether ICANN org is willing to take that responsibility.
ICANN’s CEO, who fancies himself a European politician of sorts, has driven the EPDP team batty with a parallel process in which he ignores the fact that the EPDP team has all stakeholders represented, lawyers from contracted parties and data users, and privacy experts on it, as well as formal legal advice from Bird and Bird. Instead he feels compelled to launch a parallel process in which ICANN org goes about trying to make proposals and then ask European authorities about them. He has asked a bunch of techies unaware of the policy issues to design a So-SAD for us and is now badgering various European agencies for “advice” and “guidance” on whether such a system could centralize legal responsibility for disclosure decisions. The parallel process, known as the Strawberry team, was featured in the public meeting on Whois reform as if it was of equal status as the formally constituted EPDP.
But a great ICANN 66 takeaway moment occurred during that moment. The European Commission’s Pearce O’Donoghue told the assembled multitudes that a SoSAD “WOULD NOT…REMOVE THE LIABILITY OF THE DATA CONTROLLER, WHICH IS THE REGISTRAR OR THE REGISTRY. SO WE WOULD HAVE A QUESTION AS TO WHETHER IT IS ACTUALLY WORTH THAT ADDED COMPLEXITY.” So, bang, the request for European advice blew up right in Goran Marby’s face. Not only did he get a critical piece of advice on the most important issue facing the SoSAD and the EPDP, but he got it without going through the elaborate parallel process. No doubt there is now furious behind the scenes lobbying going on to reverse, change or step back from O’Donoghue’s comment. Marby has been quoted (and directly seen, by this writer) as claiming that with the submission of the Strawberry team’s formal request for “guidance” from the European Data Protection Board being submitted, he is now “done” with this. Let’s hope that’s true. My takeaway: ICANN org and all of its fruity concoctions needs to get out of the way and let the PDP work.
The final EPDP-related takeaway is that the biggest decision facing the EPDP as it makes policy for the So-SAD is who makes the disclosure decision: registrars who hold the data, or ICANN? Everyone agrees with centralizing the process of requesting data and hooking up to a system to receive it. But who makes the decision is still contested, with some stakeholders wanting it to be ICANN and others wanting it to reside with the contracted parties. It seems obvious to me that it has to be the registrar, and we should just accept that and get on with designing the So-SAD based on that premise.

Jothan Frakes, Executive Director, Domain Name Association

A few: WHOIS (or Lookup) remains challenging territory, registries and registrars > are not inactive about addressing abuse while avoiding becoming content police, and poutine is delicious.

Christa Taylor, CMO, MMX

From my perspective, the biggest takeaway is the level of industrious efforts, transformation and passion throughout the industry. Every meeting and dinner consisted of a broad range of organizations and people with diverse perspectives on industry topics resulting in thought-provoking debates or conceptual brainteasers. Compared to a year ago, the conversations have materially changed — impacted from industry consolidations, system updates and developments along with organizational transitions to streamline business in one method or another. While there is still plenty of work ahead of us, both within the industry and ICANN, it’s satisfying to reflect and realize that progress is being achieved, cooperation benefits all and no matter how long the tunnel might be, there is light.

Former NTIA chief Redl now working for Amazon

David Redl, the former head of the US National Telecommunications and Information Administration has joined Amazon as an internet governance advisor, I’ve learned.
I don’t know whether he’s taken a full-time job or is a contractor, but he’s been spotted palling around with Amazon folk at ICANN 66 in Montreal and knowledgeable sources tell me he’s definitely on the payroll.
Redl was assistant secretary at the NTIA until May, when he was reportedly asked to resign over a wireless spectrum issue unrelated to the domain names after just 18 months on the job.
His private sector career prior to NTIA was in the wireless space. I don’t believe he’s ever been employed in the domain industry before.
NTIA is of course the US agency responsible for participating in all matters ICANN, including the ongoing fight over Amazon’s application for the .amazon brand gTLD.
The proposed dot-brand has been in limbo for many years due to the objections of the eight nations of the Amazon Cooperation Treaty Organization, which claims cultural rights to the string.
ACTO nations on ICANN’s Governmental Advisory Committee want ICANN to force Amazon back to the negotiating table, to give them more power over the TLD after it launches.
But the NTIA rep on the GAC indicated at the weekend that the US would block any GAC calls for .amazon to be delayed any longer.
As I type these words, the GAC is debating precisely what it should say to ICANN regarding .amazon in its Montreal communique, using competing draft texts submitted by the US and European Commission, and it’s not looking great for ACTO.
As I blogged earlier in the week, another NTIA official, former GAC rep Ashley Heineman, has accepted a job at GoDaddy.
UPDATE: As a commenter points out, Redl last year criticized the revolving door between ICANN and the domain name industry, shortly after Akram Atallah joined Donuts.

Neustar’s .co contract up for grabs

Colombia is looking for a registry operator for its .co ccTLD.
If you’re interested, and you’re reading this before noon on Wednesday November 6 and you’re at ICANN 66 in Montreal, hightail it to room 514A for a presentation from the Colombian government that will be more informative than this blog post.
Hurry! Come on! Move it!
The Ministry of Information Technology and Communications (MinTIC) has published a set of documents describing some of the plan to find a potentially new home for .co.
There doesn’t appear to be a formal RFP yet, but I gather one is imminent.
What the documents do tell us is that Neustar’s contract to run .co expires in February, and that MinTIC is looking into the possibility of a successor registry.
Currently, .co is delegated to .CO Internet, a Colombian entity that relaunched the TLD in 2010 and was acquired by Neustar for $109 million in 2014.
But under a law passed earlier this year, it appears as if MinTIC is taking over policy management for .co and may therefore seek IANA redelegation.
There’s no indication I could see that there’s a plan to reverse the policy of allowing anyone anywhere in the world to register a .co, indeed MinTIC seems quite proud of its international success.
The documents also give us the first glimpse for years into .co’s growth.
It had 2,374,430 names under management in September, after a couple of years of slowing growth. The documents state that .co had an average of 323,590 new regs per year for the first seven years, which has since declined to an average of 32,396.
.co is not the cheapest TLD out there, renewing at around $25 at the low end.

Surprise! ICANN throws out complaints about .org price caps

ICANN has rejected two appeals against its decision to lift price caps and introduce new anti-cybersquatting measures in the .org space.
In other news, gambling is going on in Rick’s Cafe.
NameCheap and the Electronic Frontier Foundation both filed Requests for Reconsideration with ICANN back in July and August concerning the .org contract renewal.
NameCheap argued that ICANN should have listened to the deluge of public comments complaining about the removal of price caps in Public Interest Registry’s .org contract, while EFF complained about the inclusion of the Uniform Rapid Suspension rights protection mechanism.
Reconsideration requests are usually handled by the Board Accountability Mechanisms Committee but this time around three of its four members (Sarah Deutsch, Nigel Roberts, and Becky Burr) decided to recuse themselves due to the possibility of perception of conflicts of interest.
That meant the committee couldn’t reach a quorum and the RfRs went to ICANN’s outside lawyers for review instead, before heading to the full ICANN board.
This hasn’t happened before, to my recollection.
Also unprecedented, the board’s full discussion of both requests was webcast live (and archived here), which negates the need for NameCheap or the EFF to demand recordings, which is their right under the bylaws.
But the upshot is basically the same as if the BAMC had considered the requests in private — both were denied in a unanimous (with the three recusals) vote.
Briefing the board yesterday, ICANN associate general counsel Elizabeth Le said:

There was no evidence to support that ICANN Org ignored public consultation. Indeed both renewals went out for public comments and there were over 3,700 comments received, all of which ICANN reviewed and evaluated and it was discussed in not only the report of public comments, but it was discussed through extensive briefings with the ICANN board…
Ultimately, the fact that the removal of the price caps was part of the Registry Agreements does not render the public comment process a sham or that ICANN failed to act in the public benefit or that ICANN Org ignored material information.

General counsel John Jeffrey and director Avri Doria both noted that the board may not have looked at each individual comment, but rather grouped together based on similarity. Doria said:

Whether one listens to the content once or listens to it 3,000 times, they have understood the same content. And so I really just wanted to emphasize the point that it’s not the number of comments, it’s the content of the comments.

This seems to prove the point I made back in April, when this controversy first emerged, that letter-writing campaigns don’t work on ICANN.
As if to add insult to injury, the board at the same meeting yesterday approved paying an annual bonus to the ICANN Ombudsman, who attracted criticism from NameCheap and the Internet Commerce Association after dismissing many of the public comments as “more akin to spam”.

Somber mood as ICANN 66 opens in Montreal

The opening ceremony of ICANN’s 66th public meeting set a somber tone, as leaders bade farewell to recently departed and departing colleagues.
Outgoing chair Cherine Chalaby and CEO Göran Marby delivered eulogies respectively to senior vice president Tarek Kamel, and long-time industry/community participant, Don Blumenthal, both of whom died over the last several weeks.
Apparently choking up at one point, Chalaby described Kamel as a “good friend” and “great man” who “always made time for me, always encouraged me, and always advised me with great sincerity”.
Marby later announced that ICANN will create a new annual award, named after Kamel, which will honor “individuals significantly contributing to capacity building and creating diversity within our community”.
He also said that the dinner held by the CEO with the technical community at the end of every ICANN meeting will in future be named after Blumenthal, a long-serving member of the security community.
“His expertise, hard work and humor will be sorely missed,” Marby said.
Chalaby himself is leaving ICANN under less sad circumstances on Thursday, when the third and final of his terms comes to an end and he leaves the board of directors for good. He’s been on the board for nine years and chair for two.
Marby presented him with ICANN’s Leadership Award in recognition of his time served.
Chalaby will be replaced by Maarten Botterman.
ICANN 66 runs through Thursday in Montreal, Canada.

America has Amazon’s back in gTLD fight at ICANN 66

The United States looks set to stand in the way of government attempts to further delay Amazon’s application for .amazon.
The US Governmental Advisory Committee representative, Vernita Harris, said today that the US “does not support further GAC advice on the .amazon issue” and that ICANN is well within its rights to move forward with Amazon’s controversial gTLD applications.
She spoke after a lengthy intervention from Brazilian rep Ambassador Achilles Zaluar Neto, who said South American nations view the contested string as their “birthright” and said ICANN is allowing Amazon “to run roughshod over the concerns and the cultural heritage of eight nations and tens of millions of people”.
It was the opening exchange in would could prove to be a fractious war of words at ICANN 66 in Montreal, which formally opens tomorrow.
The .amazon applications have been controversial because the eight countries in the Amazon Cooperation Treaty Organization believe their unwritten cultural rights to the word outweigh Amazon’s trademark rights.
Forced to the negotiating table by ICANN last year, the two sides each posed their own sets of ideas about how the gTLD could be managed in such a way as to protect culturally sensitive terms at the second-level, and taking ACTO’s views into account.
But an ICANN-imposed deadline for talks to conclude in April was missed, largely as a result of the ongoing Venezuela crisis, which caused friction between the ACTO governments.
But today, Brazil said that ACTO is ready and willing to get back to the negotiating table asked that ICANN reopen these talks with an impartial mediator at the helm.
As things stand, Amazon is poised to get .amazon approved with a bunch of Public Interest Commitments in its registry contract that were written by Amazon without ACTO’s input.
Neto said that he believed a “win-win” deal could be found, which “would provide a positive impetus for internet governance instead of discrediting it”. He threatened to raise the issue at the Internet Governance Forum next month.
ICANN’s failure to reopen talks “would set a bad precedent and reflect badly on the current state of internet governance, including its ability to establish a balance between private interests and public policy concerns”, he said
But the US rallied to Amazon’s defense. Harris said:

The United States does not support further GAC advice on the .amazon issue. Any further questions from the GAC to the Board on this matter we believe is unwarranted… We are unaware of any international consensus that recognizes inherent governmental rights and geographic names. Discussions regarding protections of geographic names is the responsibility of other forums and therefore should be discussed and those relevant and appropriate forums. Contrary to statements made by others, it is the position of the United States that the Board’s various decisions authorizing ICANN to move forward with processing the.application are consistent with all relevant GAC advice. The United States therefore does not support further intervention that effectively works to prevent or delay the delegation of .amazon and we believe we are not supportive and we do not believe that it’s required.

This is a bit of a reversal from the US position in 2013.
Back then, the GAC wanted to issue consensus advice that ICANN should reject .amazon, but the US, protecting one of its largest companies, stood in the way of full consensus until, in the wake of the Snowden revelations, the US decided instead to abstain, apparently to appease an increasingly angry Brazil.
It was that decision that opened the door to the six more years of legal wrangling and delay that .amazon has been subject to.
With the US statement today, it seems that the GAC will be unlikely to be able to issue strong, full-consensus advice that will delay .amazon further, when it drafts its Montreal communique later in the week.
The only other GAC member speaking today to support the US position was Israel, whose rep said “since it is an ongoing issue for seven years, we don’t believe that there is a need for further delay”.
Several government reps — from China, Switzerland, Portugal, Belgium and the European Commission — spoke in favor of Brazil’s view that ICANN should allow ACTO and Amazon back to the negotiating table.
The GAC is almost certain to say something about .amazon in its communique, due to drop Wednesday, but the ICANN board of directors does not currently have an Amazon-related item on its Montreal agenda.
UPDATE: The originally published version of this story incorrectly identified the US GAC representative as Ashley Heineman, who is listed on the GAC’s web site as the US representative. In fact, the speaker was Vernita Harris, acting associate administrator at the US National Telecommunications and Information Administration. Had I been watching the meeting, rather that just listening to it, this would have been readily apparent to me. My apologies to Ms Heineman and Ms Harris for the error.

New (kinda) geo-TLD rules laid out at ICANN 66

The proposed rules for companies thinking about applying for a geographic gTLD in the next application round have been sketched out.
They’re the same as the old rules.
At ICANN 66 in Montreal today, a GNSO Policy Development Process working group team discussed its recently submitted final report (pdf) into geographic strings at the top level.
While the group, which comprised over 160 members, has been working for over two years on potential changes to the rules laid out in the 2012 Applicant Guidebook, it has basically concluded by consensus that no changes are needed.
What it has decided is that the GNSO policy on new gTLDs that was agreed upon in 2007 should be updated to come into line with the current AGB.
It appears to be a case of the GNSO setting a policy, the ICANN staff and board implementing rules inconsistent with that policy, then, seven years later, the GNSO changing its policy to comply with that top-down mandate.
It’s not really how bottom-up ICANN is supposed to work.
But at least nobody’s going to have to learn a whole new set of rules when the next application round opens.
The 2012 AGB bans two-letter gTLDs, for example, to avoid confusion with ccTLDs. It also places strong restrictions on the UN-recognized names of countries, territories, capital cities and regions.
It also gave the Governmental Advisory Committee sweeping powers to object to any gTLD it didn’t like the look of.
What it didn’t do was restrict geographic names such as “Amazon”, which is an undeniably famous geographic feature but which does not appear on any of the International Standards Organization lists that the AGB defers to.
Amazon the retailer has been fighting for its .amazon gTLDs for seven years, and it appears that the new GNSO recommendations will do nothing to provide clarity for edge-case applicants such as this in future rounds.
The group that came up with report — known as Work Track 5 of the New gTLD Subsequent Procedures PDP Working Group — evidently had members that want to reduce geographic-string protections and those who wanted to increase them.
Members ultimately reached “consensus” — indicating that most but not all members agreed with the outcome — to stick with the status quo.
Nevertheless, the Montreal session this afternoon concluded with a great deal of back-slapping and expressions that Work Track 5 had allowed all voices, even those whose requests were ultimately declined, to be heard equally and fairly.
The final report has been submitted to the full WG for adoption, after which it will go to the full GNSO for approval, before heading to public comment and the ICANN board of directors as part of the PDP’s full final report.

Form an orderly queue: New Zealand wants a new back-end

New Zealand is looking to possibly outsource its .nz ccTLD registry back-end for the first time, and has invited interested parties to get in touch.
Registry manager InternetNZ today published a request for expressions of interest in what it’s calling its “registry replacement project”.
It won’t be as straightforward as most registry migrations, as .nz is currently running essentially two different back-ends.
Today, about 65% of its registrations are based on an outdated custom Shared Registration System protocol, with the remainder on the industry standard Extensible Provisioning Protocol.
The proportion of registrars running SRS versus EPP is roughly the same, with about 65% on SRS, according to the REOI.
But the registry wants to get rid of SRS altogether, forcing all SRS-only registrars to adopt the EPP, and the new back-end provider will have to support this transition.
While registrars always have a bit of implementation work to do when a TLD changes back-ends, it’s not usually as complicated as adopting a completely different protocol with which they may not be unfamiliar.
So the risk of issues arising during the eventual handover — which will probably take a bit longer than usual — is probably a bit higher than usual.
But .nz is an attractive TLD. At the start of the month, it had 711,945 domains under management, a pretty good penetration on a per-capita basis when compared to the biggest ccTLDs.
It’s in the top 50 of the 1,338 TLDs for which I have data.
The deadline for responses to the REOI is November 29, a little over a month from now, InternetNZ said.
The registry is taking briefings at ICANN 66 in Montreal from November 2, and the following week in New Zealand.
UPDATE: This article originally stated that InternetNZ has decided to outsource its back end. In fact, outsourcing is just one of a number of options.