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US “threatens” Costa Rica over Pirate Bay domains

Kevin Murphy, June 16, 2017, Domain Policy

The US government has been threatening to “close down” Costa Rica’s .cr registry over its refusal to take down a Pirate Bay domain name, according to the registry.

Representatives of the US embassy in Costa Rica have been badgering NIC.cr to take down thepiratebay.cr since 2015, according to a letter from Pedro León Azofeifa, president of Academia Nacional de Ciencias, which runs the registry.

The letter claims:

These interactions with the United States Embassy have escalated with time and include great pressure since 2016 that is exemplified by several phone calls, emails and meetings urging our ccTLD to take down the domain, even though this would go against our domain name policies

According to the letter, a US official “has mentioned threats to close our registry, with repeated harassment regarding our practices and operation policies and even personal negative comments directed to our Executive Director”.

The letter was sent to the chair of ICANN’s Governmental Advisory Committee 10 days ago, CC’d to senior ICANN, Costa Rican and US governmental figures, and has been circulated this week in the Latin American domain name community.

The form of the alleged threats to close the registry is not clear, but it should be noted that prior to October 1 last year the US Department of Commerce, via its now-relinquished oversight of ICANN, played a key role in the administration of the DNS root zone.

The Pirate Bay is of course a popular directory of BitTorrent links largely used to disseminate pirated copies of movies and music, much of it American-made.

The site has been TLD-hopping for years, as registries around the world shut down its domains for violations of their own local rules. It has been live on thepiratebay.cr since December 2014, when its Swedish operation was shut down by authorities.

The NIC.cr letter says that its own policies follow international “best practices” and allow it to take down domains when presented with a Costa Rican court order, but that “the pressure and harassment [from the US] to take down the domain name without its proper process and local court order persists”.

The US Department of Commerce even pressured its Costa Rican counterpart to investigate NIC.cr, but that probe concluded that the registry was acting within its procedures, according to the letter.

It’s not the first attempt to get rid of the Pirate Bay this year.

Public Interest Registry in February announced a “UDRP for copyright” proposal that would allow copyright holders to have piracy disputes heard by independent arbitrators. It looked like a way to get unloved thepiratebay.org domain taken down without PIR having to take unilateral action.

That proposal was shelved after an outcry from the industry and civil rights watchdogs.

In April, one of the Pirate Bay’s founders launched a piracy-friendly domain registration service.

Just this week, the European Court of Justice ruled, after seven years of legal fights, that the Pirate Bay infringes copyright, raising the possibility of the site being blocked in more European countries.

The NIC.cr letter is dated June 6. It has not yet been published by ICANN or the GAC.

Pirate Bay founder launches piracy-friendly domain privacy service

Kevin Murphy, April 19, 2017, Domain Registrars

The founder of controversial BitTorrent search engine The Pirate Bay has entered the domain name market with a new proxy service.

It’s called Njalla, it’s based in a Caribbean tax haven, and it says it offers a higher level of privacy protection than you get anywhere else.

The company described itself in its inaugural blog post today like this:

Think of us as your friendly drunk (but responsibly so) straw person that takes the blame for your expressions. As long as you keep within the boundaries of reasonable law and you’re not a right-wing extremist, we’re for promoting your freedom of speech, your political weird thinking, your kinky forums and whatever.

Founder Peter Sunde was reluctant to describe Njalla as a proxy registration service, but it’s difficult to think of another way of describing it.

When you buy a domain via the company’s web site, the name is registered by Njalla for itself. You can still use the domain as you would with a regular registrar, but the name is “owned” by Njalla (1337 LLC, based in Saint Kitts & Nevis).

The company is a Tucows reseller via OpenSRS, and it supports almost all gTLDs and several ccTLDs (it’s declined to support Uniregistry due to recent price increase announcements).

Prices are rather industry standard, with a .com setting you back €15 ($16).

The big difference appears to be that the service doesn’t want to know anything about its registrants. You can sign up with just an email address or, unusually, an XMPP address. It doesn’t want to know your name, home address, or anything like that.

This means that whenever Njalla receives a legal request for the user’s identity, it doesn’t have much to hand over.

It’s based on Nevis due to the strong privacy laws there, Sunde said.

Under what circumstances Njalla would suspend service to a customer and hand over their scant private information appears to be somewhat vague and based on the subjective judgement or politics of its management.

“As long as you don’t hurt anyone else, we’ll let you do your thing,” Sunde said.

Child abuse material is verboten. Spam is in a “gray zone” (although forbidden by Njalla’s terms of service).

Copyright infringement appears to be just fine and dandy, which might not be surprising. Sunde founded The Pirate Bay in 2003 and spent time in prison in Sweden for assisting copyright infringement as a result.

“You don’t hurt people by putting a movie online,” Sunde said. “You do hurt someone by putting child porn or revenge porn or stuff like that… If you look at any statistics on file sharing, it proves that the more people file-share the more money goes into the ecosystem of the media.”

While this is likely to upset the IP lobby within the domain name community, I think there’s a possibility that existing ICANN policy will soon have an impact on Njalla’s ability to operate as it hopes.

ICANN is in the process of implementing a privacy/proxy services accreditation program that will require registrars to only work with approved, accredited proxy services.

Sunde thinks Njalla doesn’t fall into the ICANN definition of a proxy service, and said his lawyers agree.

Personally, I can’t see the distinction. I expect ICANN Compliance will probably have to make a call one way or the other one day after the accreditation system comes online.

The Pirate Bay likely to be sunk as .org adopts “UDRP for copyright”

Kevin Murphy, February 8, 2017, Domain Registries

Controversial piracy site The Pirate Bay is likely to be the first victim of a new industry initiative being described as “UDRP for copyright”.

The Domain Name Association today published a set of voluntary “healthy practices” that domain registries can adopt to help keep their TLDs clean of malware, child abuse material, fake pharmacies and mass piracy.

And Public Interest Registry, the company behind .org, tells DI that it hopes to adopt the UDRP-style anti-piracy measure by the end of the first quarter.

This is likely to lead to thepiratebay.org, the domain where The Pirate Bay has resided for some time, getting seized or deleted not longer after.

Under its Healthy Domains Initiative, the DNA is proposing a Copyright Alternative Dispute Resolution Policy that would enable copyright holders to get piracy web sites shut down.

The version of the policy published (pdf) by the DNA today is worryingly light on details. It does not explain exactly what criteria would have to be met before a registrant could lose their domain name.

But PIR general counsel Liz Finberg, the main architect of the policy, said that these details are currently being finalized in coordination with UDRP arbitration firm Forum (formerly the National Arbitration Forum).

The standard, she said, will be “clear and convincing evidence” of “pervasive and systemic copyright infringement”.

It’s designed to capture sites like The Pirate Bay and major torrent sites than do little but link to pirate content, and is not supposed to extend to sites that may inadvertently infringe or can claim “fair use”.

That said, it’s bound to be controversial. If 17 years of UDRP has taught us anything it’s that panelists, often at Forum, can take a liberal interpretation of policies, usually in favor of rights holders.

But Finberg said that because the system is voluntary for registries — it’s NOT an ICANN policy — registries could simply stop using it if it stops working as intended.

Filing a Copyright ADRP complaint will cost roughly about the same as filing a UDRP, typically under $1,500 in fees, she said.

Penalties could include the suspension or transfer of the domain name, but monetary damages would not be available.

Finberg said PIR chose to create the policy because she wasn’t comfortable with the lack of due process for registrants in alternative methods such as Trusted Notifier.

Trusted Notifier, in place at Donuts and Radix, gives the Motion Picture Association of America a special pass to notify registries about blatant piracy and, if the registry agrees, to have the domains suspended.

While stating that .org is a fairly clean namespace, Finberg acknowledged that there is one big exception.

“The Pirate Bay is on a .org, we’re not happy about that,” she said. “If I were to say what’s the one .org that is the prime candidate for being the very first one out of the gate, I would say it’s The Pirate Bay.”

Other registries have yet to publicly state whether they plan to adopt this leg of the DNA HDI recommendations.

Nominet suspends over 8,000 “criminal” domains as IP complaints double

Kevin Murphy, November 15, 2016, Domain Policy

Police claims of intellectual property infringement led to the number of .uk domains suspended doubling in 2016, according to Nominet.

Statistics released today show that the .uk registry suspended 8,049 domains in the 12 months to October 31, compared to 3,889 in the year-ago period.

It’s an almost tenfold increase on 2014, when just 948 domains were taken down.

Nominet suspends domains when law enforcement agencies tell it the domains are being used in crime. No court order is required and Nominet rarely refuses a request.

Registrants can have the suspension lifted if they can show to law enforcement that the allegedly criminal behavior has stopped.

The vast majority of the complaints in 2016 again came from the Police Intellectual Property Crime Unit, which asked for and got 7,617 names suspended.

Just 13 suspensions were reversed, Nominet said. Most of these were due to sites selling so-called “legal highs” being slow to respond to a change in the law.

The controversial ban on “rape” domains resulted in just one suspension among the 2,407 domains automatically flagged for containing rapey substrings.

Nominet published the following infographic with more stats:

Nominet infographic

Domain-hopping torrent site seized, founder arrested

Kevin Murphy, July 22, 2016, Domain Policy

A joint US-Polish law enforcement operation has led to the arrest of the alleged owner of the piracy-focused BitTorrent links site KickAssTorrents.

The US Department of Justice announced yesterday that Ukrainian national Artem Vaulin has been arrested in Poland and that it will seek to extradite him to Chicago to face criminal copyright infringement charges.

The site, which has been banned at the ISP level in countries including the UK, provides links to download and share copyrighted works such as movies and music from other BitTorrent users.

But it’s perhaps best known in the domain name industry for regularly jumping from one TLD to another as its domains are terminated by local authorities.

According to the DoJ, it has been seen on kickasstorrents.com, kat.ph (Philippines), kickass.to (Tonga), kickass.so (Somalia) and kat.cr (Costa Rica).

The department said it has seized seven domain names as part of its operation.

According to my records, there are 20 examples of kickasstorrents.example domains in the Alexa one million, all in new gTLDs (though I’ve no idea whether they’re part of the same operation).

The DoJ reckons KAT makes annual revenue of between $12.5 million to $22.3 million from advertising accompanying its links.