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XYZ weighs into Epik controversy with .monster fundraising domain

Kevin Murphy, March 21, 2019, Domain Registries

New gTLD registry XYZ.com has set up a domain to help raise money for victims of the terrorist attack in Christchurch, New Zealand last week.

The domain is give.monster. It redirects to a page on Givealittle.co.nz, a Kiwi crowdfunding site, that has so far raised almost NZD 7.8 million ($5.3 million) for the victims of the attack, which killed 50 and injured many more last Friday.

Given the amount of coverage in the New Zealand press, it appears that the fundraising page is legit.

The domain is obviously a reference to Epik.com CEO Rob Monster, who has come in for criticism this week for hosting and sharing the terrorist’s video of the attack, and then suggesting it might be a hoax, as I blogged earlier today.

XYZ is able to create this domain because it is the registry for .monster, a gTLD it acquired last year that is currently slap-bang in the middle of its early access launch period.

Whois records show that the domain was created a little over an hour ago and belongs to XYZ.com LLC.

I learned about it through this comment on DI:

We are sorry to see this in our industry… Please visit http://www.Give.Monster and donate to support victims of the horrific Christchurch shootings. Thank you for your support.

XYZ.com is the registry for .xyz, .college, .rent and other gTLDs. .monster previously belonged to recruitment web site Monster.com.

After NZ shooting, Epik has a Monster PR problem

Kevin Murphy, March 21, 2019, Domain Registrars

Domain name registrar Epik.com has come under fire from prominent domain investors and others after CEO Rob Monster suggested that video of the recent mosque shootings in New Zealand, which he hosted on an Epik service and shared on social media, was a hoax.

Domainer-bloggers including Shane Cultra, Konstantinos Zournas, and DNPlaybook.com have questioned Monster’s decision, and one of his own senior staffers, former DomainNameWire contributor Joseph Peterson, took to a domainer forum to in parts criticize and defend his boss.

Cultra was particularly harsh in his criticism this week, calling for domainers to move their domains out of Epik and for his friend, Epik director Braden Pollock, to remove himself from the board.

He wrote: “I would like to think that any respectable domain investor remove their domains from Epik… Rob Monster’s agenda has no place in our industry”.

DNPlaybook wrote that Monster has become “Facilitator of Hate and Promoter of Conspiracies”.

Other domainers have written that they have removed, or will remove, their domains from Epik, though Monster wrote earlier this week that the impact on its business so far has been minimal.

Epik is an ICANN-accredited registrar with about 400,000 gTLD names under management at the last count. It’s almost doubled in size over the last two years.

The company and its CEO have been subject to criticism for months over their decision to provide services to web sites that enable the promotion of far-right ideologies such as white supremacism and Nazism.

But the latest row kicked off on March 15, when Monster used his personal Twitter account to share a link to the self-shot, first-person video of one of the terrorist attacks at a mosque in Christchurch.

Fifty people, all Muslims attending Friday prayers or in the vicinity of the mosques, were killed by the same person during the attacks.

The first attack was live-streamed on Facebook from a head-mounted camera. Apparently viewed live by fewer than 200 people, copies were nevertheless widely circulated on social media and elsewhere.

The copy of the video linked to by Monster was hosted by Epik-owned privacy services provider Anonymize.com, on an “effectively uncensorable” file-sharing service the company is currently developing.

In a subsequent tweet, Monster threw doubt upon whether the footage was real, writing: “Shell casings simply vanish into thin air. Etc. It looks like low budget CGI”.

Anyone with a grain of common sense who has seen the video will tell you that Monster is clearly talking absolute bollocks here. It’s not a fake.

Monster’s Twitter account has since been deleted. According to Peterson, Epik’s director of operations, Monster deleted it himself. Reading between the lines, it appears he was pressured to do so by his staff, including Peterson.

Monster has not yet deleted — and is in fact still actively using — his @epik account on Gab.com, the Twitter clone often used by far-right activists who have been banned from or choose not to use Twitter due to their views.

A March 15 post on Gab by Monster links to a copy of the Christchurch killer’s rambling “manifesto”, again hosted on anonymize.com. This link is still live, but I’ve redacted it in the screen-cap below, which shows Monster effectively using the manifesto to promote the forthcoming Anonymize service.

Monster on Gab

I’ve been unable to confirm whether Epik is still hosting the video of the attack, though there are reports that it was taken down a matter of hours after posting. (UPDATE 1816 UTC: the video is in fact still live on the Anonymize service).

Epik and Monster drew attention last November when Monster publicly offered to become the registrar for Gab.com, after the domain was suspended by GoDaddy.

Monster at the time said the move was to protect freedom of speech online.

Epik again attracted attention last month when it acquired BitMitigate, a denial-of-service protection startup which has been providing services to unapologetic Nazi propaganda site The Daily Stormer since August 2017, when Cloudflare told the site to GTFO.

It’s also taken on the domain business of video hosting site BitChute, which is often used as a refuge for political vloggers (including some on the far right) who have been demonetized or banned by YouTube.

For these reasons, in January Epik attracted the attention of the Southern Poverty Law Center, an anti-racist group based in the US. The SPLC wrote that “Epik is cornering the market on websites where hate speech is thriving”.

The post, and other news reports, strongly hint that Monster’s own political views might be more aligned with those of his customers than he cares to admit.

Monster naturally rebuts these suggestions, calling the SPLC post “highly defamatory and inaccurate”. In one of his most recent posts on Namepros, before his staff asked him to back away from the public square for a while, he wrote:

As for those members of the domain community who have taken the opportunity this week to rebuke me for allowing free speech to continue on the Internet, please know that I am neither seeking publicity or controversy. I am of sound mind. I am not a Nazi, an anti-semite, a homophobe, a misogynist, a bigot, or a racist. I believe love and understanding will overcome hate and divisiveness.

The future of the domain industry is being determined in 2019. Censorship, WHOIS privacy, sinkholing, DDoS, deplatforming, demonetization, unpersoning, are all symptoms of the disease which is a relentless desire by the few to dictate the narratives and choices to be consumed by the many.

Peterson has also denied that his boss harbors secret extremist views, in a series of lengthy, nuanced posts (starting here) on Namepros this week.

He writes that Monster has a “weird conspiratorial streak” and a natural inclination to believe in “false flag” conspiracy theories. He doubts the official story on 9/11 and believes the moon landings were faked, Peterson said. Monster is also a “Bible-believing Christian”, according to his Gab profile.

Peterson also writes that a significant portion of Epik’s employees, including some in important roles, are Muslims. He writes that he was “appalled” by Monster’s decision to post the video, but added:

But to infer that he did this because he hates muslims and condones murder is not just simplistic; it is LUDICROUS. One person murders 30+ muslims. The other person hires them and works with them closely on a daily basis. To equate these 2 is simply wrong. Whatever the reasons Rob felt it necessary to re-publish a link to content others had decided to censor, hatred of muslims was NOT the reason.

He goes on to say:

I object to Epik — the team I work with and the customers we look after — being portrayed falsely as some epicenter of “hate speech” or the alt right. We are not. We are a domain registrar and marketplace with a wide range of services. We are a company whose boss has taken controversial (and in some ways courageous) steps to protect free speech. Unfortunately, that same boss has stepped on that message with some very bad PR moves. When Rob does that, it irritates me to the point of exasperation. And I tell him so.

According to Peterson, Monster and his wife came under attack last year with a leafleting campaign in his local neighborhood, denouncing him as a Nazi.

He suspects this kind of behavior may have caused his boss to “double-down” on exactly the same kinds of activities that invited the controversy in the first place.

Whatever the reason, Epik certainly has got a PR problem on its hands right now.

I doubt this is the last we’ll hear of it.

Terror fears prompt security crackdown for ICANN 55

Kevin Murphy, January 28, 2016, Domain Policy

ICANN is bringing in metal detectors, bag searches and ID checks at its forthcoming public meeting in Marrakech, Morocco.

The measures are being introduced despite ICANN’s assurances that it considers the chance of terrorism at ICANN 55 to be “LOW”.

In a statement today, ICANN meetings boss Nick Tomasso said:

we are in constant and on-going communication with our hosts and the Moroccan government, to assess any security concerns surrounding the upcoming meeting. In addition, we are working with a highly respected global security-consulting firm, which gives us on-going updates of potential risks. This firm has also assigned a senior level analyst to work with ICANN.

As of this date, the assessments of these various security experts is that there is only a LOW risk of any type of terrorist activity in Morocco.

The statement comes as some members of the ICANN community have been expressing concerns about visiting Morocco, in the light of recent ISIS/Daesh-linked terrorist attacks in North Africa.

Morocco itself has not been the target of any successful Daesh attacks, though members of the cell behind the November attacks in Paris are reported to have Moroccan links.

Marrakech was bombed by an Al Qaeda-linked group in 2011.

Several Western governments urge visitors to the country to exercise caution, saying there’s a high risk of terrorist attacks.

The UK government says, for example:

There is a high threat from terrorism in Morocco. Attacks could be indiscriminate, including in places visited by foreigners.

The US government is less alarmist:

The potential for terrorist violence against U.S. interests and citizens exists in Morocco. Moroccan authorities continue to disrupt groups seeking to attack U.S. or Western-affiliated and Moroccan government targets, arresting numerous individuals associated with international terrorist groups. With indications that such groups still seek to carry out attacks in Morocco, it is important for U.S. citizens to be keenly aware of their surroundings and adhere to prudent security practices such as avoiding predictable travel patterns and maintaining a low profile.

I’ve heard community members speculate that an ICANN meeting, with its broad international mix of delegates, some governmental, might be an attractive target.

Personally, I’m not convinced the risk is much greater than it would be in any Western capital. My mother is vacationing unaccompanied in Egypt around the same time, and I’m fine with that.

However, ICANN seems to be taking the concerns seriously.

Tomasso added the following, non-exhaustive list of new security measures for ICANN 55:

  • Every delegate will now need a government-issued ID to pick up a badge at the registration desk.
  • There will be increased security screening for those entering our meeting venue, which may include metal detectors, magnetic wands and bag checks.
  • There will be advanced verification of delegate registration information by Moroccan authorities.
  • Security will be increased at the hotels where delegates are staying.
  • We are establishing a 24/7 operations center at the venue.

It’s not exactly TSA-levels of privacy invasion, but I can see some would-be delegates being put off by the extra hassle.

If ICANN were to cancel the Marrakech meeting, it would risk seriously pissing off African community members.

The Marrakech meeting was originally scheduled for 2015, but it was postponed due to fears about the Ebola virus, which at the time was running rampant in African countries thousands of miles away.

In 2010, ICANN was criticized for its handling of security concerns around a meeting in Kenya, where at least 74 delegates cancelled their registrations over terror fears.

ICANN also cancelled a planned 2011 meeting in Jordan due to Middle East security concerns.

ICANN 55 is scheduled for March 5 to 10.

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.

Terror victims try to seize five ccTLDs

Kevin Murphy, July 30, 2014, Domain Policy

ICANN is fighting a US court action that could see the ccTLDs of Iran, Syria and Korea being seized by victims of terrorism.

While ICANN has not been sued as such, it’s been named in three “writs of attachment”, which seek to force the organization to hand over control of .ir, .sy, .kp, سور, and ايران.

This audacious attempt to take over three nations’ domains is being attempted by lawyers representing victims of state-sponsored terrorism, reportedly led by Nitsana Darshan-Leitner.

Darshan-Leitner has secured billions of dollars worth of judgments against these states in US courts over the last decade.

But because the states won’t pay up, she’s been getting US courts to seize state-owned US-based assets, such as valuable real estate, instead.

Now her attention has turned to domain names.

The writs against ICANN, issued by a District of Columbia court a month ago, would force ICANN to hand over any assets belonging to Iran, Syria and Korea.

But ICANN says it cannot and should not be made to do so, filing hundreds of pages of court documents yesterday explaining why ccTLDs are not property that can be “attached”.

“Attachment” is a legal term used in the process of transferring assets from debtors to creditors.

In its defense, ICANN argues that allowing the seizure would do nothing less than jeopardize the globally interoperable internet:

First, a ccTLD simply is not “property” subject to attachment. Second, although operating for the benefit of the people of Iran, Syria and North Korea, respectively, the relevant ccTLDs are not “owned” by the defendants or anyone else, for that matter. Third, the .IR, .SY and .KP ccTLDs are not “located” in the District of Columbia or even the United States, and therefore are beyond the reach of Plaintiffs’ Writs of Attachment. Fourth, even if these ccTLDs could be characterized as “property in the United States of the defendants,” this Court would lack jurisdiction over these proceedings, according to the Foreign Sovereign Immunities Act. Fifth, ICANN does not unilaterally have the capability or authority to transfer the .IR, .SY or .KP ccTLDs to Plaintiffs. Finally, a forced transfer of the .IR, .SY and .KP ccTLDs would destroy whatever value may exist in these ccTLDs, would wipe out the hundreds of thousands of second-level domain names registered therein by various individuals, businesses and charitable organizations, and could jeopardize the single, global, interoperable structure the Internet.

“While we sympathize with what plaintiffs may have endured, ICANN’s role in the domain name system has nothing to do with any property of the countries involved,” ICANN general counsel John Jeffrey said in a statement.

In its motions to quash the writs, ICANN describes how it has no contractual relationship and few dealings with the three ccTLD managers in question and how it has received no money from them.

It goes on to describe its relationship to the DNS root zone and the US Department of Commerce

The motion then compares domain names to street addresses and not “property”:

a ccTLD can be thought of as a zip code. That zip code may encompass many different addresses, and those addresses in turn may correspond to certain places on the Internet that people can access, such as websites. But the street address itself is not property, nor is the zip code in which the street address exists…To the extent a ccTLD is capable of a legal definition, it is a collection of technical and administrative services, rather than property

There’s a bunch of US case law that states second-level domain names are not property, which ICANN draws on heavily in its motion.

I’m not going to dwell on the legal issues at stake here too much, but the case is politically, to use an inappropriate word, explosive.

If ICANN were to receive a court order, instructing it to transfer ownership of .ir to Darshan-Leitner’s group, and had no option but to comply, we’re looking at a major international political incident.

Under ICANN’s current IANA arrangement, ICANN-recommended changes to ccTLD management are handled by Verisign, but only with the consent of the US National Telecommunications and Information Administration.

The US Department of Commerce, of which NTIA is a part, would have to give its approval to the transfer of Iran’s ccTLD from an Iranian institution to an Israeli entity.

That, at a time when US-Iranian relations are softening, in light of the new ISIS crisis in Iraq.

It’s a recipe for putting the IANA contract at the center of what can mildly be described as a “political incident” unlike anything the internet has seen to date.

While the US government has a role in ccTLD redelegations today, due to its membership of the DNS root zone triumvirate, it has announced its intent to step away from IANA stewardship.

The NTIA will be replaced, possibly as early as September 2015, by a mechanism that the ICANN community has started to develop.

If we can assume that the US government’s current role may prove to be a buffer between the US courts and potentially devastating forced ccTLD redelegations, it’s not at all clear that the NTIA-replacement mechanism would hold the same kind of political clout.

Would an IANA without US stewardship be more susceptible to crazy US court rulings?

If the US court asserts its authority over the DNS root zone, by ordering the transfer of a ccTLD to a private entity, all ccTLD registries would have a right to be very nervous indeed.

The case also highlights the fact that ICANN is subject to US court jurisdiction — something likely to remain after the IANA stewardship transition — which also makes some nations very nervous.

Rumors have been floating around for a while that ICANN would like to move its headquarters and primary legal structure to Switzerland — it already has an office and a legal presence there — and this case will certainly provide ammunition for those who would like to see such a move happen.

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