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Puerto Rico to host ICANN meeting next year

Kevin Murphy, June 26, 2015, Domain Policy

ICANN is to host its first second ever public meeting on a Caribbean island.

The organization’s board of directors yesterday voted in favor of holding ICANN 57 in San Juan, Puerto Rico.

Technically, this fulfills ICANN’s commitment to hold the meeting in North America, even though physically Puerto Rico is in the Caribbean.

The island is one of those oddities in terms of territories in that it inherits its ICANN region from its political overlords.

Puerto Rico is a US territory, which puts it in ICANN’s North American region. The neighboring British Virgin Islands is, according to ICANN, in Europe.

ICANN 57 will be held from October 29 to November 4 2016, at the tail end of Puerto Rico’s hurricane season. It’s the second time ICANN has visited the island, the first since 2007.

There’s no word yet on where ICANN 56, June 2016, will be held. It’s a designated slot for an Latin American/Caribbean host nation.

ICANN 55 will be held in Marrakech next March, ICANN’s board confirmed yesterday, rescheduled from March this year due to the Ebola scare.

Dublin will host ICANN 54 this coming October.

Donuts: glitch revealed price we would pay for gTLDs

The recently discovered security vulnerability in one of ICANN’s web sites revealed how much Donuts was willing to pay for contested gTLDs at auction.

This worrying claim emerged during a meeting between registries and the ICANN board of directors at ICANN 53 in Buenos Aires yesterday.

“We were probably the largest victim of the data breach,” Donuts veep Jon Nevett told the board. “We had our financial data reviewed numerous times, dozens of times. We had our relative net worth of our TLDs reviewed, so it was very damaging information.”

He was referring to the misconfiguration in the new gTLD applicants’ portal, which allowed any user to view confidential application attachments belonging to any applicant.

ICANN discovered the problem in February, two years after the portal launched. The results of a security audit were revealed in late April.

But it was not until late May that it emerged that only one person, dotBerlin CEO Dirk Krischenowski, was suspected by ICANN of having deliberately viewed data belonging to others.

Nevett said communication should have been faster.

“We were in the dark for a number of weeks about who saw the data,” he told the board. “That was troubling, as we were going to auctions in that interim period as well.”

Donuts, which applied for over 300 new gTLDs, is known to have taken a strictly numbers-driven approach to string selection and auction strategy.

If a rival in a contention set had known how much Donuts was prepared to pay for a string, it would have had a significant advantage in an auction.

In response to Nevett’s concerns, ICANN CEO Fadi Chehade said that ICANN had to do a thorough investigation before it could be sure who saw what when.

ICANN bans closed generic gTLDs, for now

Kevin Murphy, June 24, 2015, Domain Policy

ICANN has slapped a de facto ban on so-called “closed generic” gTLDs, at least for the remaining 2012 round applicants.

The ICANN board’s New gTLD Program Committee passed a resolution Sunday that un-freezes the remaining new gTLD applications that envisage a namespace wholly controlled by the applicant.

The affected strings are .hotels, .dvr and .grocery, which are uncontested, as well as .food, .data and .phone, which are contested by one or two other applicants.

The NGPC said five strings are affected, but the ICANN web site currently shows these six.

The resolution allows the contested strings to head to dispute resolution or auction, but makes it clear that “exclusive generic gTLDs” will not be able to sign a registry contract.

Instead, they will either have to withdraw their applications (receiving a partial refund), drop their exclusivity plans, or have their applications carried over to the second new gTLD round.

The GNSO has been asked to develop a policy on closed generics for the second round, which is still probably years away.

It’s not clear whether other applicants would be able to apply for strings that are carried over, potentially making the close generic applicant fight two contention sets.

The NGPC decision comes over two years after the Governmental Advisory Committee advised that closed generics must serve “a public interest goal” or be rejected.

This weekend’s resolution sidesteps the “public interest” question altogether.

Freenom suspended for cybersquatting rival registrars

Freenom, the company behind .tk and other freebie ccTLDs, has had its ICANN registrar accreditation suspended for cybersquatting competing registrars including Go Daddy and Key-Systems.

OpenTLD, its registrar business, has been told it cannot accept new registrations or inbound transfers from July 8 to October 6 or until it provides ICANN with a full list of the names it squatted.

I believe it’s the first time ICANN has suspended a registrar for this reason.

The suspension notice states:

ICANN has found that OpenTLD has engaged in a pattern and practice of trafficking in or use of domain names identical or confusingly similar to a trademark or service mark of a third party in which the Registered Name Holder has no rights or legitimate interest

That’s a long-winded way of saying “massive cybersquatting”.

ICANN is basing its claims on two UDRP cases that Freenom and its CEO, Joost Zuurbier, lost.

According to WIPO panelists in Key-Systems GmbH v. Joost Zuurbier, OpenTLD B.V. and NetEarth Group, Inc. v. Stichting OpenTLD WHOIS Proxy, the company squatted at least seven of its rivals’ trademarks.

The domains were netearthone.biz, rrpproxy.me, key-systems.cc, resellerclub.tk, resellbiz.biz, godaddy.cf and resello.ws.

According to the UDRP decisions, Freenom used the domains to try to entice resellers of the other registrars over to OpenTLD.

It bought the competing registrars’ trademarks as search keywords on Google’s advertising platform, a WIPO panelist found. If you searched Google for Key-Systems trademark “RRPproxy”, for example, you’d get an ad linking to rrpproxy.me.

In some cases the names were registered behind Freenom’s in-house privacy service. In others, Zuurbier and OpenTLD were listed plainly as the registrants.

The WIPO panelists also found that Freenon shirked its duties under the UDRP as registrar, deleting the squatted domains rather than locking them, which essentially amounted to “cyberflight”.

It all looks pretty bad for Freenom, which only gained its accreditation two years ago.

To avoid termination, it has to provide ICANN with a list of all of its trademark infringing names, agree to transfer them to the mark owners or delete them, and bunch of other stuff.

Here’s the letter.

Chehade confirms he’ll be gone before IANA transition is done

Kevin Murphy, June 22, 2015, Domain Policy

ICANN CEO Fadi Chehade has laid out his current best thinking for the timeline of the IANA’s transition from US government oversight, and he’ll be gone well before it’s done.

At the opening ceremony of the ICANN 53 meeting in Buenos Aires today, Chehade described how June 2016 is a likely date for the divorce; three months after his resignation takes effect.

Chehade said:

I asked our community leaders, “Based on your plans and what you’re seeing and what you know today, when could that finish?” The answers that are coming back to us seem to indicate that by ICANN 56, which will be back in Latin America in the middle of 2016, a year from today, the contract with the US Government could come to an end.

He showed a slide that broke the remaining work of the transition into three phases.

Work being carried out within ICANN is not entirely to blame for the length of time the process will take.

The US National Telecommunications and Information Administration needs 60 to 90 days to review the final community-developed transition proposal.

And under forthcoming US legislation, 30 legislative days will be required for the US Congress to review the NTIA’s approval of the plan.

Thirty legislative days, Chehade explained, could mean as many as 60 actual days, depending on the yet-unpublished 2016 Congressional calendar.

He urged the community focus hard on Phase One in his graphic — actually producing a consensus transition plan.

The target for delivery of this is the next ICANN meeting, 54, which will take place in Dublin, Ireland from October 18 to October 22 this year.