Former Go Daddy lawyer to run for Arizona governor

Former Go Daddy general counsel Christine Jones wants to run for Governor of Arizona, it emerged last week.
Jones is planning to stand for the Republican nomination, filing her paperwork on Friday. She announced the move on Twitter:

Filed papers for Gov campaign today. Time to work for AZ since AZ has been so good to me. Formal announcement in Sep. #humbled #azgop

— Christine Jones (@JonesForGov) August 9, 2013

Her campaign site plays on her record of testifying before the US Congress on internet-related issues such as fake pharmacies and child abuse materials, saying:

She also helped drive federal Internet-related legislation, including laws to keep the Web safe from child predators and rogue online pharmacies. For example, she helped push through bills such as the Ryan Haight Online Pharmacy Consumer Protection Act, the Protect Our Children Act, and the Keeping the Internet Devoid of Sexual Predators Act.

“Helped drive” appears to be a reference to Congressional testimony such as her statements about Go Daddy’s anti-CAM practices in 2006.
As well as children, her site also ticks the usual Republican politician boxes of religion (she’s a church singer, apparently) and the military (her husband is a retired US Air Force officer).
Jones was with Go Daddy for 10 years, leaving in May 2012.
One of her final projects at the company was her vocal support for the Stop Online Piracy Act in late 2011, which ultimately proved a vote-loser among Go Daddy’s customers, forcing a company U-turn.
Most of Arizona’s governors have been Democrats. The incumbent, Jan Brewer, is a Republican. The last three have been female.
Go Daddy employs thousands of people in the state, when it would be much cheaper to ship those jobs overseas, something that could score Jones brownie points if she can figure out a way to take credit for it.
For Go Daddy, if Jones were to win, having a friend in high places would no doubt prove a boon. The election is next year.

ICANN to crack down on UDRP “cyberflight”

ICANN has moved closer to cracking down on cybersquatters who try to flip their domains when they discover they’ve been hit with a UDRP complaint.
Under recommendations approved by the GNSO Council yesterday, registrars would be bound by a much stricter set of UDRP-related domain locking rules in future.
So-called “cyberflight” — where squatters transfer their domains to a new registrar or registrants — appears to be a relatively infrequent problem, but when it does happen it causes big headaches for UDRP providers and trademark owners.
A survey of UDRP providers carried out as part of the GNSO’s policy development process discovered that the vast majority of registrars already lock domains hit by UDRP.
The problem is, they said, that locking practices are not uniform. Some registrars take well over a week to lock domains, and what the “lock” entails differs by registrar.
The recommendations of the GNSO’s Final Report on the Locking of a Domain Name Subject to UDRP Proceedings Policy Development Process, adopted by the Council yesterday, seek to standardize the process.
After being told about a complaint against one of its domains, the registrar in future would have a maximum of two business days to put a lock — preventing any changes in registrant or registrar — in place.
The lock would remain until the UDRP was resolved, but there would be various safeguards in place to enable complainants and respondents to settle their differences outside of the UDRP.
The lock would not prevent registrars or proxy/privacy services revealing the true identity of the registrant — that wouldn’t count as a change of registrant.
To prevent registrants abusing the two-day window to sell their domains or switch registrars, they would not be told about the existence of the UDRP until the domain had been locked.
The UDRP rules currently require the complainant to send a copy of their complaint to the domain owner at the same time it is filed with the UDRP provider.
But the GNSO has now recommended getting rid of this rule, stating: “as a best practice, complainants need not inform respondents that a complaint has been filed to avoid cyberflight.”
The registrant would be informed later by the UDRP provider instead.
Registrars would be prohibited from tipping off the registrant until the lock was in place.
The July 2013 recommendations (pdf) came out of a working group that was formed in April 2012, in response to policy ideas floated in 2011.
The GNSO’s resolution calls for ICANN staff to work with members of the working group on an implementation plan, which would eventually be put to the ICANN board for approval.
Once through the board, the new policy would become binding on all ICANN-accredited registrars.

Go Daddy joins the new gTLD pre-reg game, kinda

Go Daddy has become the latest domain name registrar to start accepting expressions of interest from prospective new gTLD registrants.
A “watch list” service launched yesterday allows customers to indicate gTLDs that they are interested in using in future and receive alerts when they launch.
Unlike other registrars, Go Daddy does not appear to be offering users the ability to name the second-level string they’re interested in.
The goal seems to be to help the company select which of the 700 new gTLDs available on the watch list will ultimately be carried in its market-leading store, making it very interesting to applicants.
In a blog post, the company said:

Keep in mind, we might not sell all of the gTLDs listed on the landing page. The “watch” feature gives us a sense of what you’re interested in and what we should sell. We’re taking your needs and market appeal into consideration before we make any final decisions.

There’s no cost for the service, but you do need to be logged in as a Go Daddy customer in order to create a watch list, which should help prevent new gTLD applicants gaming the system.

Key-Systems to take a loss on .hiv domains

Key-Systems said yesterday that it plans to make .hiv domain names available at “below net cost price”, in solidarity with would-be new gTLD registry dotHIV.
The registrar said it will also offer free .hiv names at launch to organizations involving in fighting the virus via its Moniker and domaindiscount24.com retail registrars.
dotHIV, also a German company, plans to donate all of its profits to HIV/AIDs charities.
Its application is uncontested and has already passed Initial Evaluation, but is the target of Governmental Advisory Committee advice, which has put its bid on hold.
Despite this uncertainty, Key-Systems said it expects the Sunrise phase for .hiv to start in December.

2013 RAA is illegal, says EU privacy watchdog

European privacy regulators have slammed the new 2013 Registrar Accreditation Agreement, saying it would be illegal for registrars based in the EU to comply with it.
The Article 29 Working Party, which comprises privacy regulators from the 27 European Union nations, had harsh words for the part of the contract that requires registrars to store data about registrants for two years after their domains expire.
In a letter (pdf) to ICANN last month, Article 29 states plainly that such provisions would be illegal in the EU:

The fact that these personal data can be useful for law enforcement does not legitimise the retention of these personal data after termination of the contract. Because there is no legal ground for the data processing, the proposed data retention requirement violates data protection law in Europe.

The 2013 RAA allows any registrar to opt out of the data retention provisions if it can prove that to comply would be illegal its own jurisdiction.
The Article 29 letter has been sent to act as blanket proof of this for all EU-based registrars, but it’s not yet clear if ICANN will treat it as such.
The letter goes on to sharply criticize ICANN for allowing itself to be used by governments (and big copyright interests) to circumvent their own legislative processes. It says:

The fact that these data may be useful for law enforcement (including copyright enforcement by private parties) does not equal a necessity to retain these data after termination of the contract.
…
the Working Party reiterates its strong objection to the introduction of data retention by means of a contract issued by a private corporation in order to facilitate (public) law enforcement.
If there is a pressing social need for specific collections of personal data to be available for law enforcement, and the proposed data retention is proportionate to the legitimate aim pursued, it is up to national governments to introduce legislation

So why is ICANN trying to get many of its registrars to break the law?
While it’s tempting to follow the Article 29 WP’s reasoning and blame law enforcement agencies and the Governmental Advisory Committee, which pushed for the new RAA to be created in the first place, the illegal data retention provisions appear to be entirely ICANN’s handiwork.
The original law enforcement demands (pdf) say registrars should “securely collect and store” data about registrants, but there’s no mention of the period for which it should be stored.
And while the GAC has expressly supported the LEA recommendations since 2010, it has always said that ICANN should comply with privacy laws in their implementation.
The GAC does not appear to have added any of its own recommendations relating to data retention.
ICANN can’t claim it was unaware that the new RAA might be illegal for some registrars either. The Article 29 WP told it so last September, causing ICANN to introduce the idea of exemptions.
However, the European Commission’s GAC representative then seemed to dismiss the WP’s concerns during ICANN’s public meeting in Toronto last October.
Perhaps ICANN was justifiably confused by these mixed messages.
According to Michele Neylon, chair of the Registrars Stakeholder Group, it has yet to respond to European registrars’ inquiries about the Article 29 letter, which was sent June 6.
“We hope that ICANN staff will take the letter into consideration, as it is clear that the data protection authorities do not want create extra work either for themselves or for registrars,” Neylon said.
“For European registrars, and non-European registrars with a customer base in the EU, we look forward to ICANN staff providing us with clarity on how we can deal with this matter and respect EU and national law,” he said.

DomainsBot to be “at the heart” of new gTLD sales

DomainsBot, which powers the name suggestion feature on most major registrar storefronts, has unveiled a significant update designed to make selling new gTLD domains easier.
The company reckons its new technology will soon be promoted from a follow-up sales tool, rolled out if a customer’s first choice of domain is not available, to “replacing the availability check” entirely.
“The idea is to be at the heart of the process of promoting new gTLDs,” CEO Emiliano Pasqualetti told DI.
The idea is pretty straightforward: a customer types a word into a search box, the service suggests available domain names with conceptually similar TLDs.
There’s a demo online already. If you type “chocolate”, it suggests domains such as chocolate.food, chocolate.menu and chocolate.health. Domain Name Wire did a quick test run today too.
While it may not be perfect today, it was pretty good at finding appropriate TLDs for the keywords I tested.
And Pasqualetti said that under the hood is a machine learning engine that will make its suggestions increasingly more relevant as new gTLD domains start to go on sale.
“It tries to predict which TLD we need to show to each individual using a combination of their query, their IP address and as much history as we can legally collect in partnership with registrars,” Pasqualetti said.
If, for example, customers based in London show a tendency to buy lots of .london domains but hardly ever .rome, Londoners will start to see .london feature prominently on their registrar’s home page.
“We learn from each registrar what people search for and what people end up buying,” he said.
Some registrars may start using the software in their pre-registration portals, increasing relevance before anything actually goes on sale, he said.
My feeling is that this technology could play a big role in which new gTLDs live or die, depending on how it is implemented and by which registrars.
Today, DomainsBot powers the suggestion engine for the likes of Go Daddy, eNom, Tucows and Moniker. Pasqualetti reckons about 10% of all the domains being sold are sold via its suggestions.
Judging by today’s press release, registrars are already starting to implement the new API. Melbourne IT, Tucows and eNom are all quoted, but Pasqualetti declined to specify precisely how they will use the service.
It’s been widely speculated that Go Daddy plans to deploy an automated “pay for placement” system — think AdSense for domains — to determine which TLDs get prominence on its storefront.
Pasqualetti said that’s the complete opposite of what DomainsBot is offering.
“We’re relevance for placement,” he said. “We want to give every TLD a chance to thrive, as long as they’re relevant for the end user.”
According to Pasqualetti (and most other people I’ve been talking to recently) there are a lot of new gTLD applicants still struggling to figure out how to market their TLDs via registrars.
There are about 550 “commercially interesting” applied-for gTLD strings in the DomainsBot system right now, he said. New gTLD applicants may want to make sure they’re one of them.
Next week, the company will reveal more details about how it plans to work with new gTLD registries specifically.

ICANN approves 2013 RAA

ICANN has approved a new version of its standard Registrar Accreditation Agreement, after almost two years of talks with registrars.
The new 2013 RAA will be obligatory for any registrar that wants to sell new gTLD domain names, and may in future become obligatory for .org, .info and .biz.
The new deal’s primary changes include obligations for registrars to verify email addresses supplied for Whois records as well as stronger oversight on proxy/privacy services and resellers.
Akram Atallah, president of ICANN’s new Generic Domains Division said in a statement:

In no small way this agreement is transformational for the domain name industry. Our multiple stakeholders weighed in, from law enforcement, to business, to consumers and what we have ended up with is something that affords better protections and positively redefines the domain name industry.

Registrars Stakeholder Group chair Michele Neylon told DI:

The 2013 RAA does include lot of changes that will be welcomed by the broad community. It addresses the concerns of the Governmental Advisory Committee, it addresses the concerns of law enforcement, it addresses the concerns of IP rights advocates, end user consumer groups and many others.

But Neylon warned that ICANN will need “proactive outreach” to registrars, particularly those that do not regularly participate in the ICANN community or do not have English as their first language.
The new RAA puts a lot of new obligations on registrars that they all need to be fully aware of, he said.
“The unfortunate reality is that a lot of companies may sign contracts without being aware of what they’re agreeing to,” Neylon said. “The entire exercise could be seen as a failure if the outliers — registrars not actively engaged in the ICANN process or whose first language is not English — are not communicated with.”
A new RAA was also considered a gateway event for the launch of new gTLDs, so applicants have a reason to be cheerful today.

New registrar contract could be approved next week

ICANN’s board of directors is set to vote next week on the 2013 Registrar Accreditation agreement, but we hear some last-minute objections have emerged from registrars.
The new RAA has been about two years in the making. It will make registrars verify email addresses and do some rudimentary mailing address validation when new domains are registered.
It will also set in motion a process for ICANN oversight of proxy/privacy services and some aspects of the reseller business. In order to sell domain names in new gTLDs, registrars will have to sign up to the 2013 RAA.
ICANN has put approval of the contract on its board’s June 27 agenda.
But I gather that some registrars are unhappy about some last-minute changes ICANN has made to the draft deal.
For one, some linguistic tweaks to the text have given registrars an “advisory” role in seeking out technical ways to do the aforementioned address validation, which has caused some concern that ICANN may try to mandate expensive commercial solutions without their approval.
There also appears to be some concern that the new contract now requires registrars to make sure their resellers follow the same rules on proxy/privacy services, which wasn’t in previous drafts.

Hexonet scores dot-brand deal with Brights

Hexonet has made a deal with new gTLD consultancy Brights Consulting to provide registrar technical services for all of Brights’ dot-brand clients.
All new gTLDs, even dot-brands, are obliged to use accredited registrars to register domain names. Under this deal, Brights will use Hexonet’s RegistrarOC service to make the process a little easier.
RegistrarOC is basically a way for companies accredited by ICANN as registrars to outsource the technical and compliance functions of running a registrar to Hexonet.
Brights will use its own accreditation and RegistrarOC to manage its clients’ portfolios of second-level domains in their respective dot-brands, Hexonet chief strategy officer Robbie Birkner said.
The exact number of dot-brands Brights is taking care of has not been disclosed, but I believe it’s in double figures. Most are based in Japan, same as Brights.

Four registrars terminated

Four small domain name registrars have lost their ICANN accreditation and their domain names have been transferred to another.
ICANN announced on Friday that US-based C I Host and Central Registrar (Domainmonger.com), along with Panama-based Power Brand Center have all been terminated for non-compliance.
Breach notices had been sent earlier this year covering everything from broken Whois to a failure to cooperate with audits.
Dotted Ventures, also American, had allowed its accreditation to lapse in March. It had, however, also been sent a breach notice for non-payment of ICANN fees in April.
The gTLD domains they managed, which amount to between a couple of hundred and a couple of thousand each, have all been transferred to UK-based Astutium, which isn’t much bigger.
Customers of each terminated registrar will receive notices from Astutium instructing them how to proceed, ICANN said. There shouldn’t be a cost to transfer, so any request for cash may be a phishing attack.