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Trademark posse fails to block Whois privacy policy

Kevin Murphy, March 5, 2019, Domain Policy

The ICANN community’s move to enshrine Whois privacy into formal consensus policy is moving forward, despite votes to block it by intellectual property interests.

During a special meeting yesterday, the GNSO Council voted to approve a set of recommendations that would (probably) bring ICANN’s Whois policy into compliance with the General Data Protection Regulation.

But four councilors — Paul McGrady and Flip Petillion of the Intellectual Property Constituency and Marie Pattullo and Scott McCormick of the Business Constituency — voted against the compromise deal.

Their downvotes were not enough to block it from passing, however. It has now been opened for a month of public comments before being handed to the ICANN board of directors for final approval, whereupon it will become ICANN’s newest consensus policy and binding on all contracted parties.

McGrady, an lawyer with Winston Strawn, claimed that the Expedited Policy Development Process working group that came up with the recommendations failed to reach the level of consensus that it had claimed.

“The consensus call was broken,” he said, adding that the EPDP’s final report “reflects consensus where there really wasn’t any.”

The GNSO was due to vote 10 days ago, but deferred the vote at the request of the IPC and BC. McGrady said that both groups had tried to muster up support in their communities for a “yes” vote in the meantime, but “just couldn’t get there”.

Speaking for the BC from a prepared statement, Pattullo (who works for European brand protection group AIM) told the Council:

The report is a step backwards for BC members’ interests compared to the Temp Spec, especially as the legitimate purposes for collecting and processing data are insufficiently precise, and do not include consumer protection, cybercrime, DNS abuse and IP protection.

The Temp Spec is the Temporary Specification currently governing how registries and registrars collect and publish Whois data. It was created as an emergency measure by the ICANN board and is due to expire in May, where it will very probably be replaced by something based on the EPDP recommendations.

In response to the IPC/BC votes, Michele Neylon of the Registrars Constituency and Ayden Férdeline of the Non-Commercial Stakeholders Group read statements claiming that trademark interests had been given substantial concessions during the EPDP talks.

Neylon in particular had some harsh words for the holdout constituencies, accusing them of “bad faith” and pointing out that the EPDP spent thousands of hours discussing its recommendations.

“Our members would want any number of obligations this report contains to be removed, but despite the objections we voiced our support for the final product as a sign of compromise and support for the entire multistakeholder model,” he said.

“Given the objections of certain parts of the community it’s unclear how we can ask this group to carry on with the next phase of its work at the same pace,” he said. “Given the unwillingness of others to participate and negotiate in good faith, how can we ask our reps to spend hours compromising on this work when it’s clear others will simply wait until the last minute and withdraw their consent for hard-fought compromise.”

The EPDP had a hard deadline due to the imminent expiration of the Temp Spec, but that’s not true of its “phase two” work, which will explore possible ways trademark enforcers could get access to redacted private Whois data.

Unfortunately for the IP lobby, there’s a very good chance that this work is going to proceed at a much slower pace than phase one, which wrapped up in basically six months.

During yesterday’s Council call, both Neylon and NCSG rep Tatiana Tropina said that the dedication required of volunteers in phase one — four to five hours of teleconferences a week and intensive mailing list discussions — will not be sustainable over phase two.

They simply won’t be able to round up enough people with enough time to spare, they said.

Coincidentally, neither the registrars nor the non-coms have any strong desire to see a unified access solution developed any time soon, so a more leisurely pace suits them politically too.

It will be up to the EPDP working group, and whoever turns out to be its new chair, to figure out the timetable for the phase two work.

Internet to lose its .co.ck? Cook Islands mulls name change

The government of the Cook Islands is reportedly thinking about changing its name, putting a question mark over the long-term longevity of its .ck top-level domain.

The AFP is reporting that an exploratory committee has been set up to pick a new name for the country, which is currently named after British explorer James Cook.

The new name would be in the local language, Cook Islands Maori, but would also reflect the country’s Polynesian heritage and “strong Christian belief”, AFP reports.

The Cook Islands is in the Pacific Ocean, about 3,000km from New Zealand. It gained independence in 1965 but retains strong ties to NZ. It has about 12,000 citizens.

Telecom Cook Islands has been running its ccTLD, .ck, since 1995. Registrations, which are a few hundred bucks a year, are only possible at the third level, under .co.ck, .org.ck and so on.

It appears from reporting that any formal name change is still a long way off, but it seems possible that a change of name could well lead to a change of ISO 3166-1 string and therefore a change of ccTLD.

As I explained in my post about the possible loss of .io last week, any such change would take years to roll through the ICANN system. Nobody would lose their domains overnight.

But perhaps the most famous .ck domain appears to have already gone dormant.

Fictional mid-noughties hipster Nathan Barley, antihero of the Charlie Brooker sitcom of the same name, owned trashbat.co.ck, as the opening shot of the show established.

Trashbat

Sadly, that domain, which unlike clownpenis.fart actually existed and was used to promote the short-lived series, appears to stop resolving three or four years ago.

Phishing still on the decline, despite Whois privacy

Kevin Murphy, March 5, 2019, Domain Policy

The number of detected phishing attacks almost halved last year, despite the fact that new Whois privacy rules have made it cheaper for attackers to hide their identities.

There were 138,328 attacks in the fourth quarter of 2018, according to the Anti-Phishing Working Group, down from 151,014 in Q3, 233,040 in Q2, and 263,538 in Q1.

That’s a huge decline from the start of the year, which does not seem to have been slowed up by the introduction in May of the General Data Protection Regulation and ICANN’s Temp Spec, which together force the redaction of most personal data from public Whois records.

The findings could be used by privacy advocates to demonstrate that Whois redaction has not lead to an increase in cybercrime, as their opponents had predicted.

But the data may be slightly misleading.

APWG notes that it can only count the attacks it can find, and that phishers are becoming increasingly sophisticated in how they attempt to avoid detection. The group said in a press release:

There is growing concern that the decline may be due to under-detection. The detection and documentation of some phishing URLs has been complicated by phishers obfuscating phishing URLs with techniques such as Web-spider deflection schemes – and by employing multiple redirects in spam-based phishing campaigns, which take users (and automated detectors) from an email lure through multiple URLs on multiple domains before depositing the potential victim at the actual phishing site.

It also speculates that criminals once involved in phishing may have moved on to “more specialized and lucrative forms of e-crime”.

The Q4 report (pdf) also breaks down phishing attacks by TLD, though comparisons here are difficult because APWG doesn’t always release this data.

The group found .com to still have the most phishing domains — 2,098 of the 4,485 unique domains used in attacks, or about 47%. According to Verisign’s own data, .com only has 40% market share of total registered domains.

But new, 2012-round gTLDs had phishing levels below their market share — 4.95% of phishing on a 6.83% share. This is actually up compared to the 3% recorded by APWG in Q3 2017, the most recent available data I could find.

Only two of the top 20 most-abused TLDs were new gTLDs — .xyz and .online, which had just 70 attack domains between them. That’s good news for .xyz, which in its early days saw 10 times as much phishing abuse.

After .com, the most-abused TLD was .pw, the ccTLD for Palau run by Radix as an unrestricted pseudo-gTLD. It had 374 attack domains in Q4, APWG said.

Other ccTLDs with relatively high numbers included several African zones run as freebies by Freenom, as well as the United Kingdom’s .uk and Brazil’s .br.

Phishing is only one form of cybercrime, of course, and ICANN’s own data shows that when you take into account spam, new gTLDs are actually hugely over-represented.

According to ICANN’s inaugural Domain Abuse Activity Reporting report (pdf), which covers January, over half of cybercrime domains are in the new gTLDs.

That’s almost entirely due to spam. One in 10 of the threats ICANN analyzed were spam, as identified by the likes of SpamHaus and SURBL. DAAR does not include ccTLD data.

The takeaway here appears to be that spammers love new gTLDs, but phishers are far less keen.

ICANN did not break down which gTLDs were the biggest offenders, but it did say that 52% of threats found in new gTLDs were found in just 10 new gTLDs.

This reluctance to name and shame the worst offenders prompted one APWG director, former ICANN senior security technologist Dave Piscitello, to harshly criticize his former employer in a personal blog post last month.

Registrars given six months to deploy Whois killer

Kevin Murphy, March 1, 2019, Domain Policy

ICANN has started the clock ticking on the mandatory industry-wide deployment of RDAP.

gTLD registries and registrars have until August 26 this year to roll out RDAP services, which will one day replace the age-old Whois spec, ICANN said this week.

Registration Data Access Protocol fulfills the same function as Whois, but it’s got better support for internationalization and, importantly given imminent work on Whois privacy, tiered access to data.

ICANN’s RDAP profile was created in conjunction with contracted parties and public comments. The registries and registrars knew it was coming and told ICANN this week that they’re happy for the 180-day implementation deadline to come into effect.

The profile basically specs out what registrars and registries have to show in their responses to Whois (or RDAP, if you’re being pedantic) queries.

It’s based on the current Temporary Specification for Whois, and will presumably have to be updated around May this year, when it is expected that the Temp Spec will be replaced by the spec created by the Whois EPDP.

ICANN pushes IANA under Conrad

Kevin Murphy, February 27, 2019, Domain Policy

ICANN chief technology officer David Conrad is now “overseeing” the IANA part of the organization, ICANN has announced.

It doesn’t appear to be a promotion or change of job titles as much as a reporting structure adjustment made in the wake of a change of management at the Global Domains Division.

Kim Davies is still vice president of IANA, and president of Public Technical Identifiers, as IANA is often referred to nowadays.

Previously, Davies reported to the president of GDD, now he’s reporting to Conrad.

After Akram Atallah left GDD to run Donuts, Conrad and Atallah’s eventual permanent replacement, Cyrus Namazi, split his duties on an interim basis.

It appears that the announcement of Conrad’s new duties merely formalizes that arrangement.

It makes a lot more sense to have the largely technical IANA functions under the jurisdiction of the CTO, rather than the gTLD-centric Global Domains Division, if you ask me.