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Donuts took down 11 domains for Hollywood last year

Kevin Murphy, February 28, 2017, Domain Policy

Donuts caused 11 domain names in its new gTLD portfolio to be taken down in the first 12 months of its deal with the US movie industry.

The company disclosed yesterday that the Motion Picture Association of America requested the suspension of 12 domains under their bilateral “Trusted Notifier” agreement, which came into effect last February.

The news follows the decisions by Public Interest Registry and the Domain Name Association not to pursue a “Copyright ADRP” process that would have made such Trusted Notifier systems unnecessary.

Of the 12 alleged piracy domains, seven were suspended by the sponsoring registrar, one was addressed by the hosting provider, and Donuts terminated three at the registry level.

For the remaining domain, “questions arose about the nexus between the site’s operators and the content that warranted further investigation”, Donuts said.

“In the end, after consultation with the registrar and the registrant, we elected against further action,” it said.

Trusted Notifier is supposed to address only clear-cut cases of copyright infringement, where domains are being using solely to commit mass piracy. Donuts said:

Of the eleven on which action was taken, each represented a clear violation of law—the key tenet of a referral. In some cases, sites simply were mirrors of other sites that were subject to US legal action. All were clearly and solely dedicated to pervasive illegal streaming of television and movie content. In a reflection of the further damage these types of sites can impart on Internet users, malware was detected on one of the sites.

Donuts also dismissed claims that Trusted Notifier mechanisms represent a slippery slope that will ultimately grant censorship powers to Big Content.

The company said “a mere handful of names have been impacted, and only those that clearly were devoted to illegal activity. And to Donuts’ knowledge, in no case did the registrant contest the suspension or seek reinstatement of the domain.”

It is of course impossible to verify these statements, because Donuts does not publish the names of the domains affected by the program.

Trusted Notifier, which is also in place at competing portfolio registry Radix, was this week criticized in an academic paper from professor Annemarie Bridy of the University of Idaho College of Law and Stanford University.

The paper, “Notice and Takedown in the Domain Name System: ICANN’s Ambivalent Drift into Online Content Regulation”, she argues that while Trusted Notifier may not by an ICANN policy, the organization has nevertheless “abetted the development and implementation of a potentially large-scale program of privately ordered online content regulation”.

Sanchez beats Greenberg to ICANN board seat

Kevin Murphy, February 27, 2017, Domain Policy

Mexican intellectual property lawyer León Felipe Sánchez Ambía has been selected to become a member of the ICANN board of directors by the At-Large, comfortably beating his opponent in a poll this weekend.

Sanchez took 13 votes (65%) to 10-year At-Large veteran Alan Greenberg’s 7, in a vote of At-Large Advisory Committee members and Regional At Large Organization chairs.

He’ll take the seat due to be vacated in November by Rinalia Abdul Rahim, who will leave the board after one three-year term.

He’s currently head of the IP practice and a partner at Fulton & Fulton in Mexico City. According to his bio:

He is co-lead for the Mexican chapter of Creative Commons and advisor to different Government bodies that include the Digital Strategy Coordination Office of the Mexican Presidency, the Special Commission on Digital Agenda and IT of the Mexican House of Representatives and the Science and Technology Commission of the Mexican Senate.

He drafted the Internet Users Rights Protection Act for Mexico and has been very active on issues like Anti-Counterfeit Trade Agreement (ACTA), Stop Online Privacy Act (SOPA), Trans-Pacific Partnership Agreement (TPPA) and other local initiatives of the same kind, always advocating to defend users’ and creators’ rights in order to achieve a balance between regulation and freedom.

Sanchez is certainly the less experienced of the two short-listed men when it comes to length of involvement in the ICANN community, but he’s a member of the ALAC and is deeply involved as a volunteer in ICANN accountability work following the IANA transition.

The At-Large was recently criticized in a report (pdf) for the perception that it is “controlled by a handful of ICANN veterans who rotate between the different leadership positions”.

Sanchez’s appointment to the board may have an effect on that perception.

The selection of another (white, male) North American to the board, replacing an Asian woman, will of course create more pressure to increase geographic and gender diversity on the other groups within ICANN that select board members.

A written Q&A between the two candidates and At-Large members can be found here.

PIR slams brakes on “UDRP for copyright”

Kevin Murphy, February 24, 2017, Domain Policy

Public Interest Registry has “paused” its plan to allow copyright owners to seize .org domains used for piracy.

In a statement last night, PIR said the plans were being shelved in response to publicly expressed concerns.

The Systemic Copyright Infringement Alternative Dispute Resolution Policy was an in-house development, but had made its way into the Domain Name Association’s recently revealed “healthy practices” document, where it known as Copyright ADRP.

The process was to be modeled on UDRP and similarly priced, with Forum providing arbitration services. The key difference was that instead of trademark infringement in the domain, it dealt with copyright infringement on the associated web site.

PIR general counsel Liz Finberg had told us the standard for losing a domain would be “clear and convincing evidence” of “pervasive and systemic copyright infringement”.

Losers would either have their domain suspended or, like UDRP, seized by the complainant.

The system seemed to be tailor-made to give PIR a way to get thepiratebay.org taken down without violating the owner’s due process rights.

But the the announcement of Copyright ADRP drew an angry response from groups representing domain investors and free speech rights.

The Electronic Frontier Foundation said the system would be captured by the music and movie industries, and compared it to the failed Stop Online Piracy Act (SOPA) in the US.

The Internet Commerce Association warned that privatized take-down policies at registries opened the door for ICANN to be circumvented when IP interests don’t get what they want from the multi-stakeholder process.

I understand that members of ICANN’s Non-Contracted Parties House was on the verge of formally requesting PIR pause the program pending a wider consultation.

Some or all of these concerns appear to have hit home, with PIR issuing the following brief statement last night:

Over the past year, Public Interest Registry has been developing a highly focused policy that addresses systemic, large scale copyright infringement – the ”Systemic Copyright Infringement Alternative Dispute Resolution Policy” or SCDRP.

Given certain concerns that have been recently raised in the public domain, Public Interest Registry is pausing its SCDRP development process to reflect on those concerns and consider forward steps. We will hold any further development of the SCDRP until further notice.

SCDRP was described in general terms in the DNA’s latest Healthy Domains Initiative proposals, but PIR is the only registry to so far publicly express an interest in implementing such a measure.

Copyright ADRP may not be dead yet, but its future does not look bright.

UPDATE: This post was updated 2/26 to clarify that it was only “some members” of the NCPH that were intending to protest the Copyright ADRP.

Hacked ICANN data for sale on black market

Kevin Murphy, February 22, 2017, Domain Services

If you were a user of ICANN’s Centralized Zone Data Service back in 2014 you may wish to think about changing some passwords today.

ICANN has confirmed that a bunch of user names and hashed passwords that were stolen in November 2014 have turned up for sale on the black market.

The batch reportedly contains credentials for over 8,000 users.

ICANN said yesterday:

ICANN recently became aware that some information obtained in the spear phishing incident we announced in 2014 is being offered for sale on underground forums. Our initial assessment is that it is old data and that no new breach of our systems has occurred. The data accessed in the 2014 incident breach included usernames and hashed passwords for our Centralized Zone Data System (CZDS). Once the theft was discovered, we reset all user passwords, and urged users to do the same for any other accounts where they used the same passwords.

While CZDS users have all presumably already changed their CZDS passwords, if they are still using that same password for a non-CZDS web site they may want to think about changing it.

ICANN first announced the hack back in December 2014.

It said at the time that the Government Advisory Committee’s wiki, and a selection of other less interesting pages, had also been compromised.

The attackers got in after a number of ICANN staffers fell for a spear-phishing attack — a narrowly targeted form of phishing that was specifically aimed at them.

If you email with ICANN staff with any regularity you will have noticed that for the last several months your email subject lines get prefixed [EXTERNAL] before the staffer receives them.

That’s to help avoid this kind of attack being successful again.

Blah blah ICANN blah .africa blah delegated blah blah…

Kevin Murphy, February 15, 2017, Domain Registries

Today blah blah ZA Central Registry blah blah .africa blah delegated blah.

ICANN blah blah root blah. Blah blah ZACR blah nic.africa.

Blah blah five years blah blah contention blah lawsuit blah blah DotConnectAfrica blah. Blah blah Bekele blah IRP blah.

ICANN blah blah Governmental Advisory Committee blah blah blah African Union blah blah blah.

Blah blah Geographic Names Panel blah blah controversy blah blah blah blah lawsuit blah blah blah leg to stand on.

Blah racist blah blah conspiracy blah blah blah… nutty. Blah.

Blah reporting blah damned blah story blah forever blah blah bored blah blah blah blah.

Blah blah blah.