Latest news of the domain name industry

Recent Posts

ICANN says EU registrars could be exempt from stringent new Whois rules

Kevin Murphy, October 11, 2012, Domain Registrars

Registrars based in the European Union could be let off the hook when it comes to the Whois verification requirements currently under discussion at ICANN.

That’s according to ICANN CEO Fadi Chehade, who this week responded to privacy concerns expressed by the Article 29 Working Party, a EU-based quasi-governmental privacy watchdog.

The Working Party said last month that if ICANN forced EU registrars to re-verify customer data and store it for longer than necessary, they would risk breaking EU privacy law.

Those are two of the many amendments to the standard Registrar Accreditation Agreement that ICANN — at the request of governments and law enforcement — is currently pushing for.

In reply, Chehade noted that ICANN currently plans to give registrars an opt-out:

ICANN proposes to adapt the current ICANN Procedures for Handling Whois Conflicts with Privacy Law, to enable registrars to seek an exempton from these new RAA WHOIS and data protection obligations in the even that the obligations would cause registrars to violate their local laws and regulations.

He also said that the Governmental Advisory Committee has “endorsed” the provisions at question, and encouraged the Working Party to work via the GAC to have its views heard.

I understand that registrars based in the US and elsewhere would not respond favorably to what would essentially amount to a two-tier RAA.

Some of the RAA changes would have cost implications, so there’s an argument that to exempt some registrars and not others would create an un-level competitive playing field.

The Article 29 Working Party is an advisory body, independent of the European Union, comprising one representative from the data privacy watchdogs in each EU state.

Some GAC representatives said during the ICANN meeting in Prague this June that they had already factored privacy concerns into their support for the RAA talks.

It’s going to interesting to see how both registrars and the GAC react to the Article 29 developments at the Toronto meeting, which begins this weekend.

Downtime emerges as key barrier to Trademark Clearinghouse changes

Kevin Murphy, October 10, 2012, Domain Services

The risk of embarrassing technical glitches is now the major stumbling block in discussions about the best way to deploy the forthcoming Trademark Clearinghouse for new gTLDs.

ICANN is worried about the “reputational implications” of the TMCH going offline if, as proposed by domain name registries, it is in the “critical path” of the live registration process.

The concerns emerged in a letter earlier this week, and were discussed during an ICANN conference call yesterday.

The TMCH is expected to be a big database of trademarks, used to support the Trademark Claims and Sunrise periods that new gTLD registries will have to offer.

The policy behind both rights protection mechanisms is settled (essentially), but the actual technical implementation is still open to question.

While ICANN and its two contractors — IBM and Deloitte — have been quietly working on their favored model for some months, the registries that will support most new gTLDs have their own model.

Neustar, ARI Registry Services, Verisign and Demand Media have proposed a TMCH design that they say would be less costly to registries (and therefore brand owners) as well as having certain security benefits.

The problem with the registry’s plan is that it calls for real-time interactions between registrars, registries and the TMCH during the Trademark Claims phase of new gTLD launches.

This would require the Clearinghouse to operate with 100% up-time, which makes ICANN very nervous. It said in its letter this week:

Though requirements for resiliency to guard against such failures will be in place, the risk and impact of a failure incident in a centralized live query system are significant and have an impact on the reputation and, therefore, the effectiveness of the rights protection mechanisms supported by the Trademark Clearinghouse. Such an event could have reputational implications for the Clearinghouse and the New gTLD Program.

If the Clearinghouse went down, the argument goes, it would prevent domain names being registered in new gTLDs.

This would look very bad for ICANN, which has already experienced a few embarrassing technical problems with the program. How its policies and processes perform with live gTLDs will be scrutinized intensely.

But the registries say they’ve mitigated the problem as much as they can in their centralized model.

“It only puts the Trademark Clearinghouse in the critical path for registration for a limited number of registrations,” Neustar vice president Jeff Neuman said on yesterday’s call.

“In our model if a domain name does not match a trademark in the Clearinghouse then the Clearinghouse never sees it, it doesn’t matter if the Clearinghouse is up or down,” he said.

The negative impact of downtime in this scenario is that registrars would not be able to show would-be registrants Trademark Claims notices. But it would not necessarily enable cybersquatting.

Neuman further argued that the TMCH should be covered by the same kinds of service level agreements and data escrow requirements as contracted gTLD registries, minimizing the risk of downtime.

The second major hurdle to the implementation talks is the relative lack to date of input from brand owners.

The intellectual property community has previously expressed reservations about any TMCH model that would enable data mining by bad actors or opportunistic registrars and registries.

Yes, it’s a data privacy issue. Brand owners are worried that the contents of the Clearinghouse could be used by competitors to find holes in their trademark protection strategies, or by scammers.

While yesterday’s call had more input from the trademark community, the real work will come next Wednesday during a session at ICANN 45 in Toronto.

GNSO Chair contest is Rickert v Robinson

Kevin Murphy, September 28, 2012, Domain Policy

Two candidates for the soon-be-vacated chair of the Generic Names Supporting Organization have been put forward.

Jonathan Robinson has been nominated by the contracted parties house (registries and registrars), while Thomas Rickert has been put forward by the non-contracted parties.

Rickert, an IP lawyer, is director of names and numbers at Eco, a German internet industry association. He was appointed to the GNSO Council by the ICANN Nominating Committee last year.

UK-based Robinson is a longstanding member of the domain name industry and a registries rep on the Council. He’s a director of Afilias and runs IProta, the startup that managed ICM Registry’s sunrise last year.

The two men will be voted on by the GNSO Council before the chairman’s seat, currently occupied by Stephane Van Gelder, is vacated at the end of the Toronto meeting next month.

Van Gelder is coming to the end of his term on the Council after two years in the chair, hence the need for a replacement.

Governments to focus on new gTLDs during ICANN’s new eight-day Toronto meeting

Kevin Murphy, September 24, 2012, Domain Policy

ICANN may have received a bit of flak for cancelling Fridays earlier this year, but as it turns out ICANN meetings are getting longer, not shorter.

The recently published schedule for next month’s Toronto meeting covers eight days, from Friday October 12 to Friday October 19.

The official start of the event will as always be on the Monday (with the work really starting on the Saturday) and the official end will be on Thursday for the second time in a row.

But this time there’s also going to be some special-interest sessions on both Fridays too.

In a change to the usual order of things, the Governmental Advisory Committee has scrapped some of its meetings with other ICANN advisory committees and supporting organizations.

Instead, word is that the GAC plans to focus almost entirely on developing its new gTLD Early Warnings — preliminary warnings about objectionable applications — during the Toronto meeting.

It’s replacing its smaller inter-committee sessions with a one-off High-Level Meeting with SO and AC heads, which we understand is designed to bring newly participating governments up to speed on how ICANN works.

Should we expect to see a bigger GAC in Toronto, now that governments have the opportunity to start complaining about specific applications? It certainly seems possible.

Microsoft, Yahoo and others involved in new dot-brand gTLD group

HSBC, Microsoft, Yahoo and jewelry maker Richemont have told ICANN they plan to form a new GNSO stakeholder group just for single-registrant gTLD registries.

The group would comprise dot-brand registries and — potentially — other types of single-user gTLD manager.

A letter (pdf) to ICANN chair Steve Crocker, signed by executives from the four companies, reads in part:

As a completely new type of contracted party, we do not have a home to represent our unique community. In addition, the existence of conflicts with other contracted parties makes it challenging for us to reside within their stakeholder group.

Combined, the companies have applied for about 30 single-registrant gTLDs, mostly corresponding to brands.

Richemont, which is applying for dot-brands including .cartier, is also applying for the keywords .jewelry and .watches as single-user spaces.

The group plans to discuss formalizing itself at the next ICANN meeting, in Toronto this October.

During the just-concluded Prague meeting, the GNSO’s existing registries stakeholder group accepted several new gTLD applicants — I believe mainly conventional registries — into the fold as observers.

How the influx of new gTLD registries will affect the GNSO’s structure was a hot topic for the Governmental Advisory Committee during the meeting too. I guess now it has some of the answers it was looking for.