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Iran rep reported to ICANN Ombudsman, again

Kevin Murphy, August 3, 2017, Domain Policy

Iran’s Governmental Advisory Committee representative has found himself reported to ICANN’s Ombudsman for alleged bad behavior for the second time in just a few months.

Outspoken GACer Kavouss Arasteh was referred to Ombudsman Herb Waye by consultant John Laprise, according to posts on mailing lists and social media.

Both men serve on an ICANN volunteer working group that is looking at matters related to the jurisdiction in which ICANN operates.

The group’s discussions have recently become extremely fractious, largely due to a series of combative emails and teleconference interventions from Arasteh.

Laprise eventually said on the list that Arasteh was being a “bad actor”, adding that “his tone, manner, and insinuations are detrimental and indeed hostile to the process.”

He later said on Facebook that he had reported the matter to the Ombudsman.

The spat centered on an August 1 teleconference in which members of the so-called WS2-Jurisdiction working group heard a briefing from ICANN lawyers on the Office of Foreign Assets Control, which oversees international trade sanctions in the US.

As well as enforcing sanctions against countries including Iran, OFAC maintains a list of people and organizations, many of them Iranian, that American companies are forbidden from doing business with.

It impacts ICANN because the organization in its normal course of business is often obliged to deal with ccTLD registries in sanctioned nations, for which it needs to apply for OFAC licenses.

Arasteh initially complained multiple times that the meeting had been rescheduled for August 1 — apparently with his initial consent — which is a national holiday in his home nation of Switzerland.

He also fought for ICANN lawyers to be asked to provide, at very short notice, a written briefing paper on OFAC, answering the group’s questions, prior to the teleconference taking place.

On neither issue did he receive support from fellow volunteers, something for which he seemed to blame group chair Greg Shatan, an intellectual property lawyer.

Arasteh’s criticisms of an increasingly weary Shatan sometimes seemed to border on conspiracy theory. All other working group members who publicly expressed an opinion said Shatan was doing a fine job herding this particular set of cats.

During the teleconference itself, Arasteh ate up the first five or six minutes of allotted time with a rambling, barely comprehensible complaint about the format of the meeting, compelling Shatan to eventually ask for his mic to be cut off.

In emails over the next 48 hours, the GAC rep continued his tirade against what he perceives as Shatan’s bias against him and called again for ICANN legal to provide a formal set of written answers to questions.

Some fellow group members believe Arasteh’s defensive and confrontational approach is merely a clash of cultures between his usual style of government diplomacy and the staid, tediously polite style of ICANN working group interactions.

Others are less charitable.

Still, the question of whether the latest WG friction has infringed any of ICANN’s “Expected Standards of Behavior” now appears to be in the hands of the Ombudsman.

Arasteh was also reported to Waye back in May, when he accused the chairs of a different ICANN working group of trying to exclude governmental voices from new gTLD policy-making by scheduling teleconferences at times he found inconvenient.

Waye subsequently reported that the complaint had been resolved between the parties.

In June, he said he was proactively monitoring a third working group mailing list after receiving allegations of harassment. That was unrelated to Iran.

Iran reported to Ombudsman after new gTLD conspiracy theory

Kevin Murphy, May 17, 2017, Domain Policy

ICANN’s Ombudsman has stepped in to resolve a complaint from the Iranian government that it was being “excluded” from discussions about the next phase of the new gTLD program.

Kavouss Arasteh, Iran’s Governmental Advisory Committee representative, earlier this month accused the leadership of the New gTLD Subsequent Procedures Working Group of deliberately scheduling teleconferences to make them difficult for him to attend.

He said the 0300 UTC timing of a meeting made it “painful” for European volunteers to participate (though it’s 0730 in Tehran).

When WG co-chair Avri Doria said that the time had been selected to avoid clashes with other working groups and declined his request, Arasteh said in an email: “If you insist, I interpret that this is an effort to EXCLUDE GAC TO ATTEND THE PDP.”

In other words, he was accusing the WG leaders of trying to exclude governments from helping to develop the rules of the new gTLD program.

Doria responded that she took the tone of the remarks as “abusive”, adding:

since my motives have been attacked and since I have been accused of trying to prevent GAC participation, I have no choice other than to turn this issue over to the Ombudsman.

The only other alternative I can think of is to accept the fact that I am incapable of co-chairing this group and step down.

Fellow co-chair Jeff Neuman chipped in with a detailed explanation of how, in the global ICANN community, there usually isn’t a time of day that is not inconvenient to at least some volunteers.

(It’s sometimes possible to hear snoring on these calls, but that’s not always due to the time of day.)

Today, Ombudsman Herb Weye responded to Doria’s complaint, saying that it has been “resolved” between the two parties. He wrote:

Without going into detail I am pleased to advise the working group that this complaint has been resolved and that I can bear witness to a unanimous demonstration of support for the leadership of the working group.

I would like to highlight the professional, “human” approach taken by all involved and their willingness to communicate in a clear, respectful and objective manner. This cooperative atmosphere allowed for a timely discussion and quick resolution.

Aratesh has for some time been one of the most vocal and combative GAC reps, noticeably unafraid to raise his voice when he needs to make his point.

He recently publicly threatened to take his concerns about ICANN’s policy on two-character domains to the International Telecommunications Union if his demands were not met.

.sexy may be blocked in Iran

Kevin Murphy, September 16, 2015, Domain Tech

Some networks in Iran appear to be systematically blocking Uniregistry’s .sexy gTLD.

That’s one of the conclusions of a slightly odd experiment commissioned by ICANN.

The newly published An Analysis of New gTLD Universal Acceptance was conducted by APNIC Labs. The idea was to figure out whether there are any issues with new gTLDs on the internet’s DNS infrastructure.

It concluded that there is not — new gTLDs work just fine on the internet’s plumbing.

However, the survey — which comprised over 100 million DNS resolution attempts — showed “One country, Iran, shows some evidence of a piecemeal block of Web names within the .sexy gTLD.”

The sample size for Iranian attempts to access .sexy was just 30 attempts. In most cases, users were able to resolve the names with DNS, but HTTP responses appeared to be blocked.

The survey did not test .porn or .adult names, but it might be safe to assume similar behavior in those gTLDs.

APNIC also concluded that Israel’s .il ccTLD, included in the report as a known example of TLD blocking at the national level, is indeed blocked in Iran and Syria.

The study also found that there may be issues with Adobe’s Flash software, when used in Internet Explorer, when it comes to resolving internationalized domain names.

That conclusion seems to have been reached largely because the test’s methodology saw a Flash advertisement discretely fetching URLs in the background of web pages using Google Ads.

When the experimenters used HTML 5 to run their scripts instead, there was no problem resolving the names.

The study did not look at some of the perhaps more pressing UA issues, such as the ability for registrants and others to use new gTLD domain names in web applications.

Judge blocks seizure of Iran’s ccTLD

Kevin Murphy, November 13, 2014, Domain Policy

ICANN has won a court battle, and avoided a major political incident, over an attempt by terrorism victims to seize ccTLDs belonging to Iran, Korea and Syria.

A District of Columbia judge ruled this week that while ccTLDs may be a form of “property” under the law, they’re not “attachable” property.

Attachment is a legal concept used when creditors attempt to seize assets belonging to debtors.

The ruling overturns a request by a group of terrorism survivors, led by attorney Nitsana Darshan-Leitner, to have .ir, .sy, .kp, سور, and ايران. transferred to them in lieu of payment of previous court rulings.

Darshan-Leitner has previously secured US court judgments amounting to hundreds of millions of dollars against the three nations. Because the nations have not paid these penalties, she’s been using the courts to seize state-owned assets in the US instead.

But US District Judge Royce Lamberth ruled (pdf) earlier this week:

the country code Top Level Domain names at issue may not be attached in satisfaction of plaintiffs’ judgments because they are not property subject to attachment under District of Columbia law.

However, he added in a footnote:

But the conclusion that ccTLDs may not be attached in satisfaction of a judgment under District of Columbia law does not mean that they cannot be property. It simply means that they are not attachable property within this statutory scheme.

Drawing on “sparse” case law, Lamberth’s rationale appears to be that domain names are not a product, they’re a service. He wrote:

The ccTLDs exist only as they are made operational by the ccTLD managers that administer the registries of second level domains within them and by the parties that cause the ccTLDs to be listed on the root zone file. A ccTLD, like a domain name, cannot be conceptualized apart from the services provided by these parties. The Court cannot order plaintiffs’ insertion into this arrangement.

The ruling, which may of course be challenged by the plaintiffs, helps ICANN and the US government avoid a huge political embarrassment at a time when the links between the two are being dissolved and relations with Iran are defrosting.

dotShabaka Diary — Day 15, Iran and Name Collisions

Kevin Murphy, October 3, 2013, Domain Registries

The fifteenth installment of dotShabaka Registry’s journal, charting its progress towards becoming one of the first new gTLDs to go live, written by general manager Yasmin Omer.

Thursday 3 October 2013

At a time when ICANN has hit the ‘pause’ button on the new gTLD program in order to assess the impact of “name collisions” on the security and stability of the DNS, we were surprised to see the ICANN Board approve the delegation of ایران., the IDN ccTLD for the Islamic Republic of Iran. While we understand the many distinctions between a ccTLD and a gTLD, the DNS does not make any such distinction.

As we’ve heard from Paul Mockapetris and John Crain recently in their interviews posted on the ICANN website, name collisions (or, more accurately, NX Domain responses) is not a new phenomenon; they have been evident with the introduction of any TLD and with existing TLDs in the root. Experience has shown that steps have been taken to successfully resolve the issues. We understand that ICANN is concerned that the use of NX Domain responses has the potential to create confusion with the introduction of new TLDs into the DNS.

As a contracted party with ICANN, شبكة. (an IDN gTLD) is unable to be delegated as we wait the outcomes of ICANN’s deliberations on name collisions. We have paid our $185,000 application fee, we have undertaken a very resource intensive exercise to ensure a compliant application, we have passed Initial Evaluation, we have signed a registry agreement with ICANN, we have passed pre-delegation testing and yet we sit and wait.

Our understanding of the IDN ccTLD fast track process is that it is much less rigorous, the application fee is voluntary, there is no requirement to enter into a contract with ICANN, the TLD can develop a launch strategy that is not restricted by ICANN mandated rights protection mechanisms, and any contribution to ICANN’s budget is voluntary. But because this is a ccTLD and not a new gTLD, the Board has seen fit to approve this delegation request at this time despite the serious conversation going on in the community about name collisions.

As we said previously, the DNS does not distinguish between a ccTLD or a gTLD, or for that matter an IDN ccTLD or an IDN gTLD. We would appreciate an explanation as to why we sit and wait for delegation while the IDN ccTLD is approved.

Read previous and future diary entries here.

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