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Registries and registrars vote ‘Yes’ to new DNS abuse rules

Kevin Murphy, December 14, 2023, 18:21:30 (UTC), Domain Registrars

ICANN’s contracted registries and registrars have voted to accept new rules requiring them to take action on DNS abuse.

The new rules come after a vote lasting a few months with some quite high thresholds for success.

The current Registrar Accreditation Agreement merely requires registrars to “take reasonable and prompt steps to investigate and respond appropriately to any reports of abuse”, which is pretty vague and barely enforceable.

The amendments, which still need to be rubber-stamped by the ICANN board, make it much clearer what registrars are expected to do in which circumstances. A new paragraph is added that reads:

3.18.2 When Registrar has actionable evidence that a Registered Name sponsored by Registrar is being used for DNS Abuse, Registrar must promptly take the appropriate mitigation action(s) that are reasonably necessary to stop, or otherwise disrupt, the Registered Name from being used for DNS Abuse. Action(s) may vary depending on the circumstances, taking into account the cause and severity of the harm from the DNS Abuse and the possibility of associated collateral damage.

For registries, the new text for the base gTLD Registry Agreement is similar, but with a little more wiggle-room:

Where a Registry Operator reasonably determines, based on actionable evidence, that a registered domain name in the TLD is being used for DNS Abuse, Registry Operator must promptly take the appropriate mitigation action(s) that are reasonably necessary to contribute to stopping, or otherwise disrupting, the domain name from being used for DNS Abuse. Such action(s) shall, at a minimum, include: (i)the referral of the domains being used for the DNS Abuse, along with relevant evidence, to the sponsoring registrar; or (ii) the taking of direct action, by the Registry Operator, where the Registry Operator deems appropriate. Action(s) may vary depending on the circumstances of each case, taking into account the severity of the harm from the DNS Abuse and the possibility of associated collateral damage.

In both cases, DNS abuse is defined by the now industry standard line: “malware, botnets, phishing, pharming, and spam (when spam serves as a delivery mechanism for the other forms of DNS Abuse listed in this Section)”.

There are a few other quality of life updates, such as the requirement for registrars to acknowledge receipt of abuse reports and to have their abuse reporting mechanism “conspicuously and readily accessible from” their home pages.

ICANN needed registrars representing over 90% of registered gTLD domains (adjusted slightly to make GoDaddy’s voice less powerful). That threshold was passed last week, with 94% of domains voting in favor of the amendments.

For registries, ICANN required a simple majority of registries (counted by contract rather than company) and for all registries voting in favor to have been responsible for two thirds of all registry fees paid last year.

Judging by the financial thresholds, .com and .net, which are not on the base RA, were not involved.

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