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European privacy ruling could add to registrars’ costs

Kevin Murphy, November 6, 2015, Domain Registrars

European domain registrars say they are facing increased costs of doing business due to a recent court ruling on privacy protection.

As a result, US data escrow giant Iron Mountain is likely to lose a lot of its ICANN business, as EU registrars defect to local alternatives such as UK-based NCC Group.

The ruling in question deals with the so-called “safe harbor” principles, under which European companies were able to transfer customers’ private data to US companies as long as the recipient promised to abide by EU privacy protection rules.

However, former spy Edward Snowden’s revelations of widespread privacy violations by the US government seemed to show that many US tech giants were complicit in handing over such data to US spooks.

And now the European Court of Justice has ruled the safe habor principles invalid.

This affects registrars because, under their ICANN contracts, they have to escrow registrant data on a weekly basis. That’s to prevent registrants losing their domains when registrars go out of business or turn out to be crooks.

While registrars have a choice of escrow agents, pretty much all of them use Iron Mountain, because ICANN subsidizes the service down to $0.

However, with the ECJ ruling, Euro-registrars have told ICANN that it would now be “illegal” to continue to use Iron Mountain.

In a recent letter (pdf) to ICANN, about 20 EU-based registrars said that non-European registrars would get a competitive advantage unless ICANN does something about it.

They want ICANN to start subsidizing one or more EU-based escrow agents, enabling them to switch without adding to costs.

the service fees of those [alternative] providers are not being supported by ICANN. Thus, the only solution for EU based registrars to comply with their local laws is to support this extra cost.

We are sure, you will agree this clearly constitutes an unfair disadvantage to a given category of a registrars.

This is why we ask ICANN to offer the same terms as it currently does to Iron Mountain to other RDE [Registrar Data Escrow] providers established in the European Economical Area to ensure a level playing field for registrars globally.

According to the registrars, they have until January to switch, so ICANN may have to move quickly to avoid unrest.

Iron Mountain beds another registry

Kevin Murphy, August 10, 2010, Domain Registries

Iron Mountain puts itself about a bit, doesn’t it?

The company has signed a co-referral deal with wannabe new top-level domain registry operator UrbanBrain. The deal appears identical to one it inked with Central Registry Solutions in May.

Under these deals, Iron Mountain will refer potential TLD applicants to UrbanBrain (or CRS) and the registries will refer their clients to Iron Mountain for data escrow services.

The press releases don’t make it clear under what circumstances clients will be referred to UrbanBrain versus CRS, but given UrbanBrain is Japanese it could be along geographical lines.

Again, I ask: who benefits most?

My guess is still Iron Mountain, which has already got a pretty tight grip on the ICANN-mandated data escrow market. I can’t see it sending as much traffic to the registries as it receives.

Iron Mountain gets into bed with CRS

Iron Mountain and Central Registry Solutions have made a deal to referrer prospective new gTLD applicants to each other’s services.

The companies said that Iron Mountain will refer wannabe registries to CRS for registry services and CRS will refer them to Iron Mountain for data escrow services.

It strikes me that the deal is probably better news for Iron Mountain, given that CRS is actively engaged in seeking out new TLD applicants to partner with whereas Iron Mountain, presumably, is not.

Iron Mountain already does a lot of work with registries and registrars that have to escrow their Whois information under the terms of their ICANN contracts.

Some of these contracts specify the company as the only escrow agent allowed, whereas the current Draft Applicant Guidebook for new gTLD applicants is less prescriptive.

CRS is a partnership of Network Solutions and CentralNIC, manager of the .la ccTLD and a handful of geographical second-level domains such as uk.com and us.com.