More friction over closed generics

ICANN’s Generic Names Supporting Organization and Governmental Advisory Committee seem to be headed to bilateral talks on the thorny issue of whether “closed generic” gTLDs should be allowed, but not without discontent.

The GNSO’s Non-Commercial Stakeholder Group last week opposed these talks, suggesting that the GAC is trying to acquire more policy-making power and take a second bite at the apple on a issue it has already advised on.

The NCSG wrote (pdf) to the GNSO Council last Thursday to oppose GAC talks, which are being encouraged by ICANN management and board.

Closed generics are dictionary-word gTLDs that do not match the registry’s trademarks but which nevertheless act as though they are a dot-brand, where only the registry may register domains.

There aren’t any right now, because ICANN, acting in 2014 in response to 2013 GAC advice, retroactively banned them from the 2012 application round, even though they were initially permitted.

It’s such a divisive issue that the GNSO working group (known as SubPro) that made the policy recommendations for the next round was, I believe uniquely, unable to come up with a even a fudged recommendation.

The GAC is sticking to its view that closed generics are potentially harmful, and since the GNSO couldn’t make its mind up, ICANN has suggested an informal dialogue between the two parties, to encourage a solution both deem acceptable that could then be thrown back at the GNSO for formal ratification.

The NCSG objected to this idea because it appears, NCSG said, that a new policy process is being created that increases the GAC’s powers to intervene in policy-making when it sees something it doesn’t like.

But the constituency appeared to stand alone during a GNSO Council meeting last Thursday, where the prevailing opinion seemed to be that dialogue is always a good thing and it would be bad optics to refuse to talk.

The Council has formed a small team of four to decide whether to talk to the GAC, which is in favor of the move.

ICANN’s Covid-19 waiver formally appealed

Two reliably regular ICANN meeting attendees have formally asked the Org to change the legal waiver it’s asking everyone to sign if they want to show up in The Hague for ICANN 74 this June.

Michele Neylon of registrar Blacknight Solutions and Eberhard Lisse of .na ccTLD registry Namibian Network Information Center filed an emergency Request for Reconsideration with ICANN last week.

They call the waiver, which absolves ICANN from liability if participants catch Covid-19 even through ICANN’s own gross negligence “unduly broad” and “unreasonable” and “unduly wide and harsh”.

They can’t ask their staff to sign such an all-encompassing waiver, they say.

ICANN’s Board Accountability Mechanisms Committee has already rejected the RfR, saying it doesn’t meet the timing requirements for an emergency request. It will consider it as a regular request in due course, it said.

As expected, ICANN also seems to have fixed the bug I spotted last week that allowed hybrid attendees to register without signing the waiver.

ICANN suggests its Covid waiver may be worthless

The controversial legal waiver ICANN is insisting you agree to before attending its next public meeting may not be worth the pixels it’s written with, judging by the Org’s latest statement on the matter.

In an updated FAQ, posted in response to a complaint from Blacknight, ICANN now states:

Attending an ICANN meeting remains a risk-based analysis for each attendee, recognizing that sometimes things can and do go wrong. A liability waiver helps enshrine that ICANN’s funds should not be used to defend ICANN against items for which ICANN itself should not be held liable. Protecting ICANN in this way helps support ICANN’s continued ability to serve its mission.

But it denies that the waiver is as all-encompassing as some fear:

There will be times, of course, where ICANN might not perform to an expected best practice, and that might be the cause of injury or damage to an attendee. Those claims against ICANN are not waived.

This apparently contradicts the waiver itself, which continues to say:

I knowingly and freely assume all risks related to illness and infectious diseases, including but not limited to COVID-19, even if arising from the negligence or fault of ICANN.

It also continues to require you to sign away your rights to sue, and your kids’ rights to sue, even if you die of Covid-19 due to ICANN’s “gross negligence”.

There may be a way to avoid the waiver.

Based on my experience, it appears that the waiver is presented in the registration path if you click the box indicating that you will be attending in-person, but if you ALSO check the box saying you’ll be attending remotely then the waiver does not appear.

So if you’re planning on attending in a hybrid fashion, perhaps in-person for only a day or two and on Zoom for the balance, ICANN doesn’t need you to waive your rights.

I expect this is a glitch in how the web form is configured that will probably be fixed not too long after I publish this article.

ICANN 74 will take place in The Hague, and Zoom, in June.

Domain sales exempt from US sanctions on Russia

A variety of internet technologies, including domain name registration services, have been declared exempt from US sanctions on Russia.

The Department of the Treasury’s Office of Foreign Assets Control has issued a notice (pdf) specifically authorizing the export to Russia for the following:

services, software, hardware, or technology incident to the exchange of communications over the internet, such as instant messaging, videoconferencing, chat and email, social networking, sharing of photos, movies, and documents, web browsing, blogging, web hosting, and domain name registration services

The move is reportedly meant to support independent media’s and activists’ fight against Russian government propaganda during the Ukrainian invasion.

Some US registrars, including Namecheap and GoDaddy, have chosen to restrict their Russian customer base on ethical grounds since the first week of the war in Ukraine.

Namecheap, which has many staff in Ukraine, has banned all Russian custom other than those actively opposing the Putin government.

African Union can’t register .africa domain

File this one under “ironic”. Also file it under “Maarten Botterman might be the worst pen-pal in history.”

It turns out that the African Union has been unable to register its domain of choice in the .africa gTLD — for which AU support was a crucial and divisive deal-breaker — because of rules insisted upon by governments.

The AU Commission’s vice chair, Kwesi Quartey, has asked ICANN to release the string “au” from the list that all contracted registries have to agree to reserve because they match the names or acronyms of intergovernmental organizations (IGOs).

The AU is an IGO, so its string is protected from being registered by anyone, including itself.

Quartey wrote, in a letter (pdf) to ICANN chair Botterman:

Unfortunately inclusion of the AU label within the IGO List had the unintended consequence of preventing any third party, including the African Union, from registering the acronym as a domain name (au.africa), yet there is an urgent need to change the African Union digital identifier on the internet from au.int to the .africa domain name.

“Urgent need”, you say? That’s ICANN’s specialty!

Botterman immediately sprang into action and sent his urgent reply (pdf), waiting just 21 short months from Quartey’s July 2020 urgent request to urgently pass the buck to the Governmental Advisory Committee.

Only the GAC can ask for a protected acronym to be removed from the list, he wrote. ICANN Org and board have their hands tied.

Also, removing “au” from the list will release it in all gTLDs, potentially allowing it to be registered by third parties in hundreds of other zones, so watch out for that, Botterman noted.

An additional wrinkle not noted in the letter, which may help or hinder the AU, is that Australia also has rights to the same string under an entirely different new gTLD program reserved list, because it matches the Aussie ccTLD.

You’ll recall that .africa was a contested gTLD in which AU support was the deciding factor.

The AU had originally offered to support a bid from DotConnectAfrica, but after the new gTLD program got underway it withdrew that support and conducted a registry tender that was won by ZA Central Registry, which now runs .africa.

DCA has been pursuing ICANN about this in arbitration and the courts ever since.

Microsoft seizes domains Russia was using to attack Ukraine

Microsoft says it has taken control of some domain names that we being using by hackers connected to the Russian security services to launch cyber attacks against Ukrainian, US and EU targets.

Company VP Tom Burt wrote that seven domains used by a group called Strontium were seized via a US court order and redirected to a Microsoft sinkhole, disrupting these attacks.

Burt wrote that the targets were Ukrainian media organizations and US and EU foreign policy think tanks, adding:

We believe Strontium was attempting to establish long-term access to the systems of its targets, provide tactical support for the physical invasion and exfiltrate sensitive information.

One wonders why Russia would use domains under US jurisdiction to conduct such attacks.

Blacknight objects to ICANN 74 Covid waiver

Irish registrar Blacknight has objected to ICANN’s demand that attendees at its forthcoming 74th public meeting sign a legal waiver over the potential for Covid-19 infections.

CEO Michele Neylon has written (pdf) to his ICANN counterpart and chair Maarten Botterman to complain that the waiver is “excessive” and “unreasonable”.

Neylon said he’d consulted his lawyer and concluded: “I cannot sign this waiver and I obviously cannot ask any of my staff to do so either.”

“[The lawyers] agree that you would want to reduce your liability, but you cannot expect people to grant you a blanket exclusion of liability which includes actual fault,” he wrote.

As I reported earlier in the week, registering for ICANN 74 requires attendees to agree to a waiver which states:

I knowingly and freely assume all risks related to illness and infectious diseases, including but not limited to COVID-19, even if arising from the negligence or fault of ICANN.

The four-day June meeting is set to be the first to have an in-person component — in The Hague, the Netherlands — since the pandemic began two years ago. Zoom participation will also be a prominent feature.

Attendees are strictly expected to be double or triple-vaccinated, wear masks, and socially distance while at the venue. There will also be “health checks” whenever you enter the venue.

Blacknight has no complaint about these precautions, but wants ICANN to reconsider the legal waiver.

ICANN lists the reasons I probably won’t be going to ICANN 74

“Don’t blame us if you die!”

That’s one of the messages coming out of ICANN, which has confirmed that it’s returning to in-person meetings for ICANN 74 this June.

The “hybrid” four-day meeting in The Hague is going ahead, but under strict Covid-19 mitigation rules that seem a bit too annoying for this particular potential attendee.

If you want to get in the venue, you’ll need to show proof of a full course of WHO-approved vaccinations, wear a face mask, stay an appropriate distance away from your peers, and subject yourself to a temperature check and “health screening” every time you walk through the door.

You’ll be issued a wrist-band on first entry that you have to keep visible at all times. If you lose it, you’ll have to re-verify your vaccination status.

As somebody who got irritated by even the metal detectors as pre-Covid ICANN meetings, this all seems a bit too much of a hassle for me, despite The Hague being pretty much right on my doorstep. I probably won’t go, at least not for the full four days.

There will be no on-site registration, and you’ll have to register your attendance online five days in advance of the meeting, which begins June 13.

ICANN’s also asking attendees to sign away their rights, and their children’s rights, to sue if they get sick, even if they catch the virus from general counsel John Jeffrey walking up and sneezing a Covid payload directly into their eyes.

As spotted by Michele Neylon, the registration process for ICANN 74 contains an extensive, obligatory waiver that contains the following text:

Participation in the Event includes possible exposure to and illness from infectious diseases including but not limited to COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death exists. I knowingly and freely assume all risks related to illness and infectious diseases, including but not limited to COVID-19, even if arising from the negligence or fault of ICANN. I understand that, unless otherwise confirmed in writing by ICANN, if I am suggested or required to take diagnostic tests, seek medical treatment, extend my stay due to quarantine or illness, or otherwise change travel arrangements, I am responsible for making such arrangements and all costs incurred. I understand that ICANN recommends that I obtain appropriate insurance to cover these risks.

…

I hereby knowingly assume all risks, and covenant not to sue any employees, board members, agents, executives, contractors or volunteers of ICANN or its affiliate for any expense, loss, damage, personal injury, including loss of life, illness, including but not limited to COVID-19, disability, property damage, or property theft or actions of any kind that I may hereafter suffer or sustain before, during, or after the Event, unless said expense, loss, damage, personal injury, including loss of life, illness, disability, property damage or property theft or actions of any kind is caused by the sole, gross negligence of ICANN or its affiliate. This Liability Waiver and Release is specifically binding upon my heirs and assigns and is knowingly given.

I agree to indemnify and hold ICANN and its affiliate harmless from and against any claims, suits, causes of action, loss, liability, damage or costs, including court cost and attorneys’ fees, and fees to enforce this Agreement, that ICANN may incur arising from my involvement in the Event.

This kind of waiver is par for the course with ICANN. Just ask any new gTLD applicant. ICANN really, really doesn’t like being sued.

ICANN has outlined its health-and-safety measures, which may change, here. The waiver can be read during the registration process.

ICANN “volunteers” want to get paid for sitting through pandemic Zoom calls

It’s often said that ICANN policy-making has become so complex, long-winded and thankless that it’s becoming harder and harder to attract and retain community volunteers, and now some of those community members are calling on ICANN to open its wallet to sweeten the deal.

ICANN could provide volunteers, particularly those who have participated heavily in remote meetings during pandemic travel restrictions, with monetary stipends or free business trips to future ICANN meetings, the At-Large Advisory Committee has said.

In a letter (pdf), ALAC chair Maureen Hilyard, along with members Marita Moll and Joanna Kulesza, ask that ICANN starts measuring the contribution of its volunteers and compensate them according to their work.

“There is a need to recognize and reward the efforts of volunteers who kept the public face of the institution going through 7 virtual public meetings,” they wrote.

“The pandemic ultimately exposed the limited efficiency of the existing volunteer system within the ICANN community. It is clear that the system of incentives currently in effect needs to be adjusted to address challenges of the post-pandemic reality,” the letter says.

ICANN’s thrice-yearly public meetings have been held over Zoom since the start of 2020 due to the coronavirus pandemic. Many community members have not sat in the same room as their peers for over two years.

ICANN 72 last October had the lowest turnout since records began, though this bounced back a little at ICANN 73.

ALAC’s suggestions for incentivizing its members include extending the term of leadership appointments to enable some face-time at future meetings, paying for “one or two trips to future ICANN meetings” and “a retroactive honoraria for those who would have been funded travellers during the period of virtual meetings, considering the fact that they were still incurring costs re: internet connection, electricity, food, etc”

An “honorarium” is a cash payment for services rendered on a voluntary basis. Basically, ALAC seems to be asking for travel expenses that were not incurred to be reimbursed retroactively regardless.

ICANN already has a program for reimbursing community members, such as those on metered connections, who incur extra connectivity charges during ICANN meetings, but it has regardless saved millions of dollars on funded travel since the pandemic started.

The letter goes on to say “volunteer work by definition is work without pay or compensation” but that “forms of monetary or in-kind compensation are possible”. These could include stipends, “symbolic gifts” and reimbursements.

Before you start getting outraged about the potential for high-priced IP lawyers and well-paid registry VPs putting their hands in ICANN’s pocket, ALAC is asking ICANN to distinguish between genuine volunteers and those who are paid for, or get a direct business benefit from, participating in community work.

ALAC defines volunteers as “individuals who commit time and effort to the work of ICANN with no personal connection to the domain name industry and who pay their own costs of participation, engagement and commitment to this work”.

That’s a rare thing in some segments of the community, but more common in the At-Large community.

Many of the issues raised in the letter were also discussed at the ALAC’s session with the ICANN board earlier this month.

Marby pledges low red tape in $1 million Ukraine donation

It’s been three weeks since ICANN promised $1 million to support internet access in Ukraine and CEO Göran Marby says he’s trying to get the money put in to action as efficiently as possible.

Thankfully, the Org doesn’t seem to be resorting to its regular fallback position of creating a time-consuming committee or esoteric process, but there are still some hoops that need to be jumped through.

Marby wrote today:

We made the decision to partner with an organization that is already on the ground in Ukraine providing support that is in alignment with our mission. I believe that contributing to an existing organization is a better option than creating our own tailor-made solution, especially when we do not have expertise in disaster recovery and crisis response work.

ICANN is doing due diligence on “several” organizations to make sure the Org meets “applicable laws, regulations, and ICANN’s fiduciary obligations”, he wrote.

While the money has been committed to help internet access — in line with ICANN’s mission — nothing has been publicly disclosed about what specifically it will be spent on.

One idea floated during ICANN 73 earlier this month was to provide satellite terminals that could be used to work around any infrastructure damage caused by the Russian invasion on the ground.

Marby wrote:

We are working diligently to implement this initiative in a timely manner, doing everything we can to speed the process, while at the same time proceeding in a cautious and responsible way.

He promised an update when the money has been allocated.