“Crimes against humanity” claims against Afilias

Donuts subsidiary Afilias has been accused of participating in “crimes against humanity” and imperialist “apartheid”, due to its management of the contested .io ccTLD.

A London-based lawyer has filed a complaint with the Organization for Economic Cooperation and Development, seeking either the redelegation of .io or a big chunk of its profits.

The complaint was filed on behalf of Crypto Currency Resolution Trust (CCRT), representing people allegedly ripped off by cryptocurrency scams on .io domains, and the Chagos Refugees Group UK (CRG UK).

The latter group represents some of the people forcibly deported from the Chagos Islands in the 1970s, when the British government evicted the entire native population to make way for a US military base on Diego Garcia, the largest island.

The islands were renamed the British Indian Ocean Territory and, in the early days of the DNS, became eligible for the ccTLD .io

The TLD was delegated by IANA to Paul Kane’s London-based outfit Internet Computer Bureau in 1997, in the pre-ICANN days when such decisions were made without very much oversight.

ICB was quietly bought by Afilias for $70 million in 2017, as I broke the following year.

In 2019, the International Court of Justice ruled that the UK’s continued administration of BIOT is unlawful, and that the territory should be returned to the Chagossians, but the current Conservative UK government has shown no indication that it plans to abide by that ruling.

The lawyer for the Chagossians, Jonathan Levy, now claims in his OECD complaint that for Afilias to continue to run .io — which he reckons brings in over €10 million a year — amounts to a human rights abuse in violation of OECD guidelines.

The complaint states:

The British military occupation of the Chagos Archipelago has been severe and resulted in the Chagossians wandering the globe as a displaced people deported from their homeland in a forcible exile reminiscent of British tactics also used on Irish home rule advocates in the 19th Century. It is just simply an outrage that an Irish multinational company is deliberately complicit in crimes against humanity and apartheid on behalf of one of last vestiges of British imperialism and apartheid.

While Levy recognizes on his blog that Afilias has been acquired by US-based Donuts, only Afilias and its subsidiaries in the UK and Ireland are named as respondents.

In a second prong of the attack, Levy claims that Afilias is somehow complicit in cryptocurrency frauds carried out using .io domains.

Blaming a registry for the actions of its registrants is pretty tenuous. Imagine if Verisign got blamed for every nefarious action carried out with a .com domain — there would not be enough lawyers in the world to handle that workload.

But Levy reckons .io is a special case because BIOT lacks law enforcement and because Afilias promotes .io as the best TLD for tech companies “knowing full well” it is often used for crypto fraud. The complaint reads:

Complaina[n]ts submit that while other general purpose domains like GLTD .com may have as much or even more crypto fraud, ccTLD .io is an exception because it represents a political entity with no permanent population and no companies law and no law enforcement. Consequently, unlike ccTLD .com or .net where US authorities may seize websites; .io criminals have little to fear as BIOT has no civil police force nor financial intelligence unit. ICB has promoted ccTLD .io to the tech community knowing full well it will be misused by a significant criminal element specializing in crypto assets.

This still feels pretty tenuous to me. You cannot evade the long arm of the law simply by registering on offshore domain.

Still, Levy’s asking for restitution in the form of a percentage of the ICB acquisition price, ongoing and backdated royalties from the sale of .io domains and, failing that, redelegation of the ccTLD to the Chagossian people.

While I think the notion of Donuts/Afilias actively abusing human rights is pretty weak, there’s no denying it’s the beneficiary of an historical wrong. Imagine how many credibility points it could earn by voluntarily negotiating a profit-share with the displaced Chagossians.

Dead dot-brands #92 and #93

Two more companies have withdrawn from the new gTLD space, asking ICANN to rip up their dot-brand contracts.

The Royal Melbourne Institute of Technology, an Australian university, has terminated its contract for .rmit, and SwiftCover, an American insurance company, has withdrawn .swiftcover.

SwiftCover next used its gTLD, according to zone file records. Not once.

RMIT had registered a small handful of domains under .rmit, and had been using at least one of them — which wasn’t even a redirect to the uni’s main .au site — as recently as February this year.

But by May the experiment was over, with RMIT filing its ICANN papers.

These are the 92nd and 93rd dot-brand termination notices to be published by ICANN.

GoDaddy and MMX delay closure of $120 million gTLD deal

GoDaddy and MMX have extended the deadline for final closure of their $120 million gTLD acquisition deal by a couple weeks.

MMX said this week the delay is to give them more time to seek approvals from business partners in the four gTLDs that have not already made the move, believed to be .bayern, .boston, .miami and .nrw.

These are all geographic strings that require local government sign-off to complete the transfers.

The deadline had been August 7. It’s now August 23.

GoDaddy Registry has already taken control of 23 of MMX’s gTLDS.

This company had every reason to want a dot-brand, but just killed it off

The latest dot-brand to terminate its new gTLD registry contract with ICANN could have been a case study in why dot-brands are a good idea.

Dabur India is 137 years old and makes over a billion dollars a year selling consumer goods — mainly cosmetics and personal care products, but also shady-looking Ayurvedic alternative medicines and supplements — in its home country and beyond, and it had experimented with using its .dabur gTLD over the last six years.

But it’s no longer interested, telling ICANN recently that it wants its Registry Agreement torn up, which ICANN has agreed to.

That’s despite the fact that Dabur appears to be suffering from exactly the kind of problem that dot-brands were supposed to help mitigate.

If you visit its web site at dabur.com today, you’ll be immediately presented with a very prominent pop-up warning you about scammers exploiting the Dabur trademark to grift money out of people who think they’re signing up to be official distributors.

The notice is lengthy but in part reads:

DABUR is only dealing with trade through www.dabur.com and any person claiming themselves to be taking order for the supply of DABUR products via phone/online may be cheating with you. DABUR shall not be responsible for any order placed other than on our official website www.dabur.com

One of the biggest selling points for the dot-brand concept is that customers can be taught to distrust any solicitation purporting to be legit if it does not originate from a domain in the relevant dot-brand.

If the notice on dabur.com is any guide, turns out you can do the same thing with a .com domain.

Dabur had briefly experimented with its gTLD not long after it was delegated. Current zone files show half a dozen .dabur names, but only two seem to resolve or show up in search engines. One redirects to the .com site.

Ironically, the other is doctor.dabur, in which Dabur solicits doctors to sign up to push its Ayurvedic products. Ayurveda is a form of medical quackery popular in South Asia.

Added to the recent self-termination of QVC’s .qvc, the total number of dot-brands to lose their registry contracts is now 91.

Olympics: Australia preemptively blocking Brisbane 2032 regs

With the venue for the 2032 Olympic Games revealed as Brisbane, Australia last week, the .au registry this week asked people to stop trying to register Olympics-related domains, because they won’t work.

Local ccTLD registry overseer auDA said in a blog post that it’s seen a spike in attempts to register domains containing the string “olympics” and variants since the announcement was made a week ago.

But these strings are on auDA’s reserved list, which cannot be registered even as substrings without government permission. Only the Australian Olympic Committee is allowed to register such domains.

According to auDA, the protected strings are: olympic, olympics, olympicgames, olympiad and olympiads.

It’s a more comprehensive approach to protecting Olympic “trademarks” (for want of a better word) than that employed by ICANN in its gTLD registry contracts, where the various Olympic and Red Cross/Crescent organizations are among a privileged few to enjoy unique protections.

ICANN only requires registries to block the exact-match string from registration, while auDA will block substrings also.

auDA says the domain “BrissiOlympics.com.au” would be blocked. It would not in any ICANN gTLD.

Big names shunned as Nominet names first registrar council members

Nominet has named the first six members of UK Registrar Advisory Council, and I think it’s fair to say there’s a definite tilt towards the grassroots/activist end of the ballot.

Major registrars Tucows, Markmonitor and Web.com (Newfold Digital) were shunned, as members elected Rex Wickham of TwentyTwentyMedia and Arnaud Franquinet of Gandi, both smaller, lesser-known registrars, for two years and one year respectively.

From the mid-to-small registrar segment, two members who had vocally supported the PublicBenefit.uk campaign earlier this year were voted in — Andrew Bennett of Netistrar for two years and Dan Rodgers of Domain Registrar Services for one year.

The independent segment directors will be Susannah Clark, who trades as “Girl Next Door” for two years and Ciprian Cucuruz, Webber Multimedia for one year. Both had run unopposed.

The terms are different length for the first two years so they can be eventually staggered for continuity.

The UKRAC was introduced following the member revolt this March, which saw executives and staff removed and a promised overhaul with how Nominet conducts business and interacts with its members.

The panel will be chaired by member-elected non-executive director Anne Taylor. No date has been set for its first meeting.

Nominet names new chair, slashes exec pay, promises reforms and more boardroom exits

Nominet has named its new chair as former BT Openworld CEO Andy Green, who has already laid out a suite of measures — including more blood on the boardroom floor — to address the barrage of criticisms from members who ousted his predecessor earlier this year.

Green is a serial director, with previous board and advisory positions at over a dozen other companies and organizations, mostly in technology and telecommunications.

Nominet, in announcing his appointment, highlighted that he’s a National Infrastructure Commissioner, chair of WaterAid UK, and vice chair of the Disasters Emergency Committee.

He’s got a foot in both the worlds of internet infrastructure and public-benefit causes, in other words — a CV seemingly ideal for the role at this time in Nominet’s troubled history.

In an email to members last week, Green said:

The EGM in March showed that Nominet has failed over a number of years to sufficiently engage with members about the scope and direction of the company. I start my term as Chairman committed to controlling costs (including executive pay), delivering value to members, restoring Nominet’s reputation for great public benefit work at scale and communicating transparently with members about the future direction of Nominet.

March’s Emergency General Meeting was called by members that Nominet seemed to be acting more as a commercial player rather than a public-benefit member organization, more concerned with branching out into new markets and stuffing its directors wallets than focusing on .uk and giving profits to charitable causes.

The EGM saw members narrowly vote to kick out almost half of the board, including the chair. Then-CEO Russel Haworth had quit just a few days earlier, before he too could be ejected.

Green said he wants to “reset the relationship with members starting now”.

He announced six reviews covering controversial areas including registry fees, executive/director compensation, charitable giving, member engagement and non-core services.

He also said that he expects that, following its Annual General Meeting on September 22, more than half of the board of directors will comprise people who were not in place prior to the March EGM.

By next year’s AGM, the board would be “substantially replenished”, he said.

Executives are also getting a battering — Green announced that Nominet has closed its long-term incentives scheme, “which will mean significantly reduced remuneration overall for senior executives”.

The company has named another new director, Eva Lindqvist, who as new chair of the board’s Remuneration Committee will oversee who gets paid what.

GoDaddy welcomes four porn TLDs

GoDaddy may not have the raunchy public image it once promoted, but it’s now the official registry for tens of thousands of porn-related domain names.

The gTLDs .xxx, .porn, .adult and .sex made the move from UNR’s back-end to GoDaddy Registry this week, IANA records show.

These almost certainly the TLDs that MMX was talking about last week when it said it had ICANN approval to reassign four contracts, which it did not name.

IANA records still show the sponsor as ICM Registry for all four, suggesting the deal was structured a little differently to the 20-odd other gTLDs in MMX’s portfolio, which are still with MMX.

MMX said earlier this year that it was selling its entire portfolio to GoDaddy for at least $120 million.

.xxx, which launched the earliest — pre-2012 — is the largest of the TLDs, with around 55,000 names under management. .porn has about 10,000 and the other two have about 8,000 each.

.org domains could come in seven new languages

Public Interest Registry is planning support for seven more languages in the .org gTLD.

The company has asked ICANN for permission to support seven additional internationalized domain name scripts: Croatian, Finnish, Hindi, Italian, Montenegrin, Portuguese, and Japanese.

Five of these languages use the Latin script also used in English, but have special accents or diacritics that require IDN tables to support in the DNS.

PIR submitted the request via the Registry Services Evaluation Process, where it is currently being reviewed by ICANN. Such RSEPs are usually approved without controversy.

MMX gets nod to sell 22 gTLDs to GoDaddy

New gTLD registry MMX expects to shortly offload most of its portfolio of strings to GoDaddy Registry after receiving ICANN approvals.

The company said today that its transfer requests for four of its gTLD contracts have received full ICANN approval.

Another 18 have received conditional ICANN approval, and MMX believes it has met these unspecified conditions.

Another five of its stable that are not fully owned and operated still require the nod from its partners.

MMX said in April that it planned to sell its entire portfolio to GoDaddy, after which it is expected the company will be wound down.

The company did not break down which transfer have received full approval, conditional approval, or are still waiting for approval.

It gTLDs are: .cooking, .fishing, .horse, .miami, .rodeo, .vodka, .beer, .luxe, .surf, .nrw, .work, .budapest, .casa, .abogado, .wedding, .yoga, .fashion, .garden, .fit, .vip, .dds, .xxx, .porn, .adult, .sex, .boston, .london and .bayern.