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Pilot program for Whois killer launches

Kevin Murphy, September 7, 2017, Domain Tech

ICANN is to oversee a set of pilot programs for RDAP, the protocol expected to eventually replace Whois.

Registration Data Access Protocol, an IETF standard since 2015, fills the same function as Whois, but it is more structured and enables access control rules.

ICANN said this week that it has launched the pilot in response to a request last month from the Registries Stakeholder Group and Registrars Stakeholder Group. It said on its web site:

The goal of this pilot program is to develop a baseline profile (or profiles) to guide implementation, establish an implementation target date, and develop a plan for the implementation of a production RDAP service.

Participation will be voluntary by registries and registrars. It appears that ICANN is merely coordinating the program, which will see registrars and registrars offer their own individual pilots.

So far, no registries or registrars have notified ICANN of their own pilots, but the program is just a few days old.

It is expected that the pilots will allow registrars and registries to experiment with different types of profiles (how the data is presented) and extensions before ICANN settles on a standard, contractually enforced format.

Under RDAP, ICANN/IANA acts as a “bootstrapping” service, maintaining a list of RDAP servers and making it easier to discover which entity is authoritative for which domain name.

RDAP is basically Whois, but it’s based on HTTP/S and JSON, making it easier to for software to parse and easier to compare records between TLDs and registrars.

It also allows non-Latin scripts to be more easily used, allowing internationalized registration data.

Perhaps most controversially, it is also expected to allow differentiated access control.

This means in future, depending on what policies the ICANN community puts in place, millions of current Whois users could find themselves with access to fewer data elements than they do today.

The ICANN pilot will run until July 31, 2018.

No $17 million rebate for struggling new gTLDs

Kevin Murphy, August 31, 2017, Domain Registries

ICANN has turned down a request for about $17 million to be refunded to under-performing new gTLD registries.

The organization cannot spare the cash from its $96 million new gTLD program war chest because it does not yet know how much it will need to spend in future, Global Domains Division president Akram Atallah told registries this week.

The Registries Stakeholder Group made the request for fee relief back in March, arguing that the $25,000 per-TLD fixed annual fee each registry must pay amounts to an unfair “burden” that has “hampered their success and put them at a competitive disadvantage”.

The RySG proposed that this $6,250 per quarter fee should be reduced by $4,687.50 per quarter for a year, a 75% reduction, at a cost to ICANN of $16.87 million.

The money, they said, should be drawn from the $96.1 million in new gTLD application fees that were still unspent at the time.

The new gTLD program charged each applicant $185,000 per application. About third of the fee was to cover unforeseen events, and is often sniggeringly referred to as its legal defense fund.

Because the program was meant to work only on a cost-recovery basis, there are question marks hanging over what ICANN should ultimately do with whatever cash is left over.

(It should be noted that this cash is separate from and does not include the quarter-billion dollars ICANN has squirreled away from its new gTLD last-resort auctions).

Now that the vast majority of the 2012 round’s 1,930 applications have been fully processed, it must have seemed like a good time for the RySG to ask for some cashback, but ICANN has declined.

Atallah said in a August 29 letter (pdf) to the group that ICANN has had to spent lots of its program reserve on unanticipated projects such as name collisions, universal acceptance, the EBERO program and the Trademark Clearinghouse. He wrote:

We do not yet know how much of the New gTLD Program remaining funds will be required to address future unanticipated expenses, and by when. As such, at this time, ICANN is not in a position to commit to the dispensation of any potential remaining funds from the New gTLD Program applications fees.

It seems for now the hundreds of new gTLDs with far fewer than 10,000 registrations in their zones are going to keep having to fork over $25,000 a year for the privilege.

Crocker: no date on next new gTLD round

Kevin Murphy, July 27, 2017, Domain Policy

ICANN will NOT set a date for the next round of new gTLD applications, despite recent pleas from registry operators.

That’s according to a letter (pdf) from ICANN chair Steve Crocker to the Registries Stakeholder Group published today.

The RySG had asked (pdf) last month for ICANN’s leadership to set a fourth-quarter 2018 deadline for the next application window.

It said that that drawing a line in the sand would allow potential applicants to plan and would prevent current policy-development processes from being abused to delay the next round.

But Crocker says in his letter that it is up to the ICANN community, not its board of directors, to determine if and when a new round should commence. He wrote:

Once the community completes its work, the Board will consider the community’s recommendations to introduce additional new gTLDs. Without the final findings and recommendations from the review and PDP, the Board won’t be able to determine what needs to be done prior to the opening of another application process…

The Registry Stakeholder Group’s letter suggests that by setting a date for the opening of another application process, the Board will provide the community with a target date to work toward. Although the Board setting a date would achieve this, doing so might contravene the multi-stakeholder process that allows for the community to have the necessary discussions to arrive at consensus, and to determine the timing of their own work

It seems this is an instance in which the board does not like the idea of setting policy in a top-down manner.

Crocker said the two remaining gating factors for a next round are the consumer choice and competition review of the first round, which is ongoing, and the GNSO’s New gTLD Subsequent Procedures Policy Development Process (PDP).

The PDP has now been going on for 18 months and yet discussions remain at a very early stage, with hardly any preliminary recommendations being agreed upon.

There’s not even agreement on foundational issues such as whether to carry on dividing the program into discreet application rounds or to start a first-come, first-served process.

The RySG had suggested in its letter that the next window could open after certain threshold issues had been resolved but before all policy work was complete, and that at the very least ICANN staff should get to work on a new version of the Applicant Guidebook while the PDP is still ongoing.

But Crocker again responded that the staff cannot get to work on implementation until the board has considered the community’s final recommendations.

ICANN’s most recent estimates for the opening of the next round would see applications accepted in 2020, eight years after the last round.

New gTLD registries want a $17 million ICANN rebate

Kevin Murphy, March 24, 2017, Domain Registries

Many gTLDs are performing more poorly than expected and their registries want some money back from ICANN to compensate.

The Registries Stakeholder Group this week asked ICANN for a 75% credit on their quarterly fees, which they estimate would cost $16.875 million per year.

The money would come from leftover new gTLD application fee money, currently stashed in an ICANN war chest valued at nearly $100 million.

The RySG, in a letter to ICANN (pdf), also asked for $3 million from the fund to be used to pay for advertising the availability of new gTLDs.

“These measures combined would support ICANN’s mission to promote competition for the public interest and operational interoperability of the internet,” the proposal states.

Currently, all gTLDs on the 2012-round contract have to pay ICANN $25,000 per year, split into quarterly payments, in fixed fees.

Transaction volume over 50,000 transactions per year is taxed at $0.25 per add, renewal or transfer.

The RySG wants the $6,250 quarterly fee reduced by $4,687.50 for a year, with the possibility of the discount being renewed in subsequent years.

In its letter, it cites an example of 900 delegated gTLDs being affected, which would cost $16.875 million per year.

However, that’s only three quarters of the total number of new gTLDs in the root. That currently stands at over 1,200 string, so the actual cost would presumably be closer to £23 million.

Because the new gTLD program, with its $185,000 application fees, was never meant to turn a profit, the RySG thinks it’s fair that the excess money comes back to the companies that originally paid it.

The rationale for the discount is that many new gTLDs (not all, as the RySG is quick to point out) are struggling under poor sales volumes, meaning a 5,000-name TLD, of which there are many, is in effect costing the registry $5 per name per year in fixed ICANN fees.

But that rationale does not of course apply to all new gTLDs. There are currently almost 470 dot-brand gTLDs in the root, which have business models oriented on harder-to-quantify ROI rather than sales volumes and profits.

It’s not clear from the RySG letter whether the discount would apply to all gTLDs or only those with a straightforward old-school profit motive.

Registries rebel against ICANN’s Whois upgrade decree

Kevin Murphy, August 23, 2016, Domain Services

Registry operators are challenging an ICANN decision to force them to launch a new Whois-style service, saying it will cost them too much money.

The Registries Stakeholder Group has filed a Request for Reconsideration — a low-level appeal — of a decision asking them to launch RDAP services to complement their existing Whois.

RDAP, Registration Data Access Protocol, is being broadly touted as the successor to Whois.

It offers the same functionality — you can query who owns a domain — but the data returned is more uniformly structured. It also enables access control, so not every user would have access to every field.

The RySG now claims that ICANN is trying to sneak an obligation to implement RDAP into its registry agreements through a “backdoor” in the form of the new Consistent Labeling and Display Policy.

That policy, which originated in a formal, community-driven GNSO Policy Development Process, seeks to normalize Whois (or Registration Data Services, in its generic not protocol-specific wording) output to make it easier to machine-read.

It applies to all gTLDs except .com, .net and .jobs (which are “thin” registries) and would come into effect February 1 next year.

Registries appear happy to implement the CL&D policy, but not as currently written. It now contains, almost as an aside, this requirement:

The implementation of an RDAP service in accordance with the “RDAP Operational Profile for gTLD Registries and Registrars” is required for all gTLD registries in order to achieve consistent labeling and display.

The RySG argues in its RfR (pdf) that implementing RDAP was never part of the community-endorsed plan, and that it is not “commercially feasible” to do so right now.

The 2012 new gTLD Registry Agreement specifies that implementation of the protocol now known as RDAP be commercially feasible before it’s required. The RySG can’t even respond as to whether it’s feasible or not since no reasoning to that regard was provided in the notice to implement such services.

Furthermore, some of our members are on record stating that since the RDAP profile replicates the known deficiencies of WHOIS – which is currently being studied by a PDP WG – so it’s not commercially feasible to deploy it to mimic a flawed system.

The introduction of RDAP represents an additive requirement for Registries to operate a new (additive) service. As there are no provisions for the sunset of the legacy Whois service, it’s unclear how this additional requirement can be considered commercially feasible.

In other words, the registries think it could be too costly to deploy RDAP and Whois at the same time, especially given that RDAP is not finished yet.

It’s yet another case of domain companies accusing ICANN the organization of slipping in requirements without community support.

Whether the RfR will be successful is debatable. There’s only been a few Reconsideration requests that have been approved by the ICANN board in the history of the mechanism.

However, the board may be feeling especially diligent when it comes to look at this particular RfR, due to the spotlight that was recently shone on the Reconsideration process by an Independent Review Process panel, which determined that the board just rubber-stamped decisions written by house lawyers.