Chaotic scenes as ‘Grumpies’ lose auDA board fight

Three directors of .au registry auDA managed to keep their seats on the board despite losing the “popular vote” of members late last week.
The vote happened at the conclusion of an occasionally chaotic three-hour meeting that saw former AusRegistry chief Adrian Kinderis kicked out of the room barely a minute into proceedings.
The results in each of the three votes to fire directors Suzanne Ewart, Sandra Hook and chair Chris Leptos were 57 or 58 in favor and 51 or 52 against, which would have been a narrow win for the so-called “Grumpies” who originally called for the sackings.
However, auDA rules require, Leptos said, a simple majority of both “Supply” and “Demand” classes of members, and the Supply class (ie, registrars) voted against the motions by 30 to 2 or 31 to 1.
Therefore, all three directors get to keep their jobs.
auDA noted in a statement that a greater proportion of Supply class members (the substantially smaller constituency) turned out to vote compared to Demand class, adding:

It is time now for all members to get behind the reform of auDA as demanded by the federal government.
auDA is not the plaything of a small group of self-interested parties.
It can no longer be run as a club type organisation with a small membership who wield undue influence.

A “club type organization” was pretty much what came across during the meeting, which was audio-only webcast Friday morning. ICANN, auDA ain’t.
I was left with the impression of something a bit like Nominet circa 2010 or my first ICANN meeting back in 1999. Not so much herding cats, as [RACIST JOKE ALERT] herding wallabies.
At times it felt like an ICANN Public Forum, with an infinite number of Paul Foodys lining up at the mic.
At the same time, the meeting was chaired by somebody who, despite never losing his cool, seemed set on limiting criticism from members to the greatest extent possible.
There was controversy from the very outset, with the former CEO of former .au back-end provider AusRegistry (now part of Neustar) getting kicked out in the opening minute.
Kinderis, who no longer works for Neustar and has vowed publicly to be a thorn in auDA’s side, said he was “unlawfully removed” from the meeting by venue security, at the instruction of Leptos.
Leptos disputed Kinderis’ claim that he was there as a proxy for a legit member and said he believed he had acted “entirely appropriately” in ordering his removal.
There was no suggestion of physical force being used. His exit was recorded by chief Grumpy Josh Rowe, who then posted a brief video to Twitter.

pic.twitter.com/zvfJhuqUm9

— Josh Rowe (@joshrowe) July 27, 2018

Leptos then threatened to throw out fellow Grumpy Jim Stewart, who was protesting Kinderis’ removal, before warning non-member attendees that they would not be permitted to ask questions.
Forty-five minutes later, he repeatedly threatened to kick out Stewart for live-streaming video of the meeting from his phone, having apparently received complaints from other members.
Fifteen minutes later, the threats returned after Stewart and another member attempted to engage Leptos in an argument about auDA’s member recruitment policy.
The words “take a seat Mr…” were a recurring meme throughout the meeting.
The original reasons for the call for the directors to be fired were myriad, ranging from lack of transparency to projects such as the Neustar-Afilias registry transition and auDA’s desire to start selling direct second-level .au domains.
But the bulk of the meeting was taken up with discussions, and attempted discussions, about auDA’s recent membership spike.
The Grumpies have audited the new member list — which has grown from 300-odd to 1,345 in just a few weeks — and found that the vast majority of new members are employees of just three registrars and one registry (Afilias, the new back-end).
They reckon these new members, many of whom do not live in Australia, represent an attempt by auDA leadership to capture the voting community, and that foreigners are not technically members of the “Australian internet community” that auDA is supposed to represent.
Leptos responded to such criticisms by saying that employees of Australia-focused registrars are indeed members of the Australian internet community, regardless of their country of residence.
He added that auDA is under the instruction of the Australian government to diversify its membership — he said that registrars have no board representation currently — and that the recently added members are a first step on that path.
The Grumpies had shortly before the meeting started making accusations that the membership influx amounts to “potential cartel behaviour”.
Leptos addressed this directly during the meeting, saying they had “accused the CEO of criminal conduct” and categorically denying any wrongdoing.
auDA later issued a statement saying:

This is a very serious allegation to have been made and auDA strongly disagrees that by encouraging others to join the auDA membership, or by approving membership applications which satisfy its constitutional requirements, auDA or its officers have engaged in cartel behaviour or otherwise acted improperly.

Comment Tagged: .au, auda, cctlds, grumpier, grumpy

These 33 people will decide the future of Whois

The names of the people who will decide the future of global gTLD Whois policy have been revealed.
Twenty-nine of 33 open seats of the GNSO’s Expedited Policy Development Process on the Temporary Specification for gTLD Registration Data are now filled and their occupants known.
The EPDP group is tasked with, in just a few short months, coming up with a permanent replacement for ICANN’s Temporary Specification for Whois in a post-GDPR world.
While 33 might seem like a lot of people, it’s a far cry from the over 100 involved in previous Whois working groups, kept deliberately small in order to meet the EPDP’s aggressive deadlines.
As you might expect, there are some members that we can safely rely on to fight for an interpretation of GDPR weighted heavily towards privacy rights, balanced against many others who will certainly fight for “legitimate purposes” data access rights for law enforcement, security and intellectual property interests.
The makeup of the group is heavily North American, with hardly any representation from Asia or Latin America.
By my count, there are 17 members from North America, seven people based in Europe (one of whom represents the Iranian government), two Africans, and one body each from Australia, Japan, and Argentina.
Contrary to the EPDP charter, and DI’s previous coverage, there are no members of the ccNSO on the group. It also appears as if the two seats reserved for root server operators will go unfilled.
As previously reported, the group is being chaired by Kurt Pritz, who works for the .art registry operator but is best known as a former ICANN senior VP.
These are the other members, grouped by their respective factions.
Registries Stakeholder Group
Alan Woods. He’s Donuts’ senior policy and compliance manager and has been since 2014. Donuts is of course the registry with the largest portfolio of commercial, open gTLDs, running about 300 of them.
Marc Anderson. Verisign’s product manager in charge of systems including SRS and Whois. Whatever policy is ultimately handed down, he’ll be in charge of implementing it at .com and .net, among other TLDs. As the only major example of a “thin” gTLD registry operator, Verisign handles a lot less personal data than any other gTLD registry.
Kristina Rosette. She’s a lawyer with a background in IP, working for Amazon, which holds a portfolio of gTLDs most of which remain unlaunched. An example of the GNSO’s ongoing game of musical chairs, she used to be a leading voice in the Intellectual Property Constituency.
Registrars Stakeholder Group
James Bladel. Vice president of global policy at GoDaddy, which in its implementation of GDPR has erred towards publishing more data, not less. As the largest registrar, GoDaddy is a rare example of a registrar with the resources to make its implementation more granular, allowing it to differentiate between EU and non-EU customers and continue to have a value proposition for its paid-for privacy services.
Matt Serlin. Formerly with brand protection registrar MarkMonitor, he’s the founder of startup rival BrandSight. It probably goes without saying that the brand protection side of the RrSG does not necessarily have the same interests as retail registrars. GDPR does not affect big trademark-holding corporations in terms of their own Whois records (GDPR only applies to “natural persons”), but it does affect their ability to go after cybersquatters.
Emily Taylor. As well as a policy consultant and a former Nominet bigwig, she’s a director of the small UK registrar Netistrar but says “my business interests also cover intellectual property / brand protection, and non-commercial interests such as freedom of expression, privacy and human rights”. She chaired an earlier Whois Review Team, which published a report in 2012 that was ultimately basically ignored by ICANN
Intellectual Property Constituency
Alex Deacon. While recently independent, he still represents the Motion Picture Association of America, one of the biggest copyright interests out there and until April his direct employer.
Diane Plaut. Seemingly a relative newcomer to ICANN, she’s “Global General Counsel and Data Protection and Privacy Officer” for a company called Corsearch, which provides database services for trademark owners. In an April blog post, she wrote that it is “essential” that trademark owners should continue to have access to private Whois data.
Business Constituency
Margie Milam. Head of domain strategy at Facebook, which is currently lobbying ICANN to start forcing registrars to reveal private data to trademark interests, as we reported last week.
Mark Svancarek. Newly installed as “Principal Program Manager – Tech Policy / Internet Governance” at Microsoft, which has said that it thinks privacy is a “fundamental human right”. Make no mistake, however, Microsoft reckons Whois data should carry on being made available to those investigating cybercrime or intellectual property infringement, as it outlined in a recent letter to ICANN (pdf).
Internet Service and Connection Providers Constituency
Esteban Lescano. Partner at the Argentinian law firm Lescano & Etcheverry, which counts online trademark protection as one of many areas of specialization, he’s also director of the policy and legal affairs committee at trade group CABASE, the Argentine Internet Association.
Thomas Rickert. Lawyer Rickert is head of domains at German trade group eco, but perhaps more significantly his law firm is representing Tucows subsidiary EPAG in its lawsuit with ICANN, in which ICANN accuses EPAG of breaching its contract by threatening to stop collecting certain Whois data elements. He’s very much on the pro-privacy side of the debate.
Non-Commercial Stakeholders Group
Stephanie Perrin. President of her own company, Digital Discretion, she consults on privacy issues. Unambiguously on the pro-privacy side of the house.
Ayden Ferdeline. A Germany-based independent consultant, Ferdeline is, like Perrin, firmly pro-privacy.
Milton Mueller. An ICANN veteran, Mueller is a professor at the Georgia Institute of Technology and founder of the Internet Governance Project. About as pro-privacy as it gets.
Johan “Julf” Helsingius. Chairman of BaseN, an “internet of things” services provider, Helsingus has form when it comes to privacy protection. His Wikipedia entry is dominated by his pro-privacy activities, including a 1996 fight against the Church of Scientology, which wanted him to reveal the identities of his customers.
Amr Elsadr. Egyptian consultant Elsadr also has a track record of talking up privacy rights at ICANN.
Farzaneh Badiei. Executive director at the Internet Governance Project and researcher at Georgia Tech, Badiei, alongside colleagues Mueller and Ferdeline, has been regularly vocal about the need for privacy in Whois.
Governmental Advisory Committee
Georgios Tselentis. As the representative of the European Commission, one might reasonably expect Tselentis to be rather pro-GDPR.
Ashley Heineman. She represents the US on the GAC. The US is very strongly of the belief that Whois access should be reinstated for intellectual property and security interests.
Kavouss Arasteh. Iran’s GAC rep, we could be looking at the WG’s deadline wild card here. I’ve no idea what Iran’s position is on GDPR, but there are few topics at ICANN upon which Arasteh has not spoken strongly, and at length.
At-Large Advisory Committee
Alan Greenberg. He chairs the ALAC, which is in favor of a well-regulated accreditation program that allows law enforcement and IP interests to access Whois.
Hadia Elminiawi. Elminiawi works at the National Telecom Regulatory Authority of Egypt. She did not vote on the ALAC position paper on Whois/GDPR.
Security and Stability Advisory Committee
Benedict Addis. Formerly in UK law enforcement, Addis chairs the Registrar of Last Resort, a non-profit registrar that quarantines abusive domain names.
Ben Butler. Director of global policy at GoDaddy, focused on abuse, I wouldn’t expect his position to differ wildly from that of colleague Bladel.
Root Server System Advisory Committee
While two seats have been reserved for the RSSAC, the committee has not yet put any bodies forward to occupy them, presumably because the root server operators don’t collect personal data from registrants and don’t really have a horse in this race.
Liaisons
The ICANN board of directors has two liaisons on the WG — Chris Disspain and Leon Felipe Sanchez. The GNSO Council liaison is Rafik Dammak. There are expected to be two ICANN staff liaisons, but they have not yet been named.
The EPDP mailing list opened up yesterday and will hold its first teleconference tomorrow.

12 Comments Tagged: epdp, gdpr, ICANN, privacy, whois

Wix.com obtains ICANN accreditation — bad news for Web.com?

Web site building tools provider Wix.com has got itself an ICANN accreditation, potentially bad news for current partner Web.com.
The Nasdaq-listed, Israel-based company popped up on the official registrar list in the last day or so with the IANA ID 3817.
That means it could before long start selling gTLD domains directly from the registries rather than going through its current business partner.
According to its domain services agreement and other online sources, Wix currently acts as a reseller for Network Solutions, a Web.com company.
Its retail prices are therefore, as you might expect, rather above the market average, pretty much in line with NetSol’s.
If it does choose to go solo, it could potentially pass on savings to its customers, or just pocket higher margins on domain sales.
While Wix says it has 110 million users, obviously it has sold nowhere near that number of domains.
Its relationship with NetSol is not lucrative enough for Web.com to count the relationship as a risk factor in its Securities and Exchange Commission filings, though Wix is listed as one of just a small handful of competitors.
If Web.com should lose Wix as a reseller, we won’t get to find out what impact that had on revenue; Web.com’s going private in a $2 billion deal.
Disclosure: I’ve had to listen to or skip through repetitive Wix ads on YouTube a dozen times a day for what seems like years, so I’m not naturally predisposed to like this company. Same goes for Grammarly. Grrrr!

6 Comments Tagged: accreditation, ICANN, netsol, network solutions, web.com, wix, wix.com

Two companies “capture” auDA

Membership votes of the Australian ccTLD registry auDA could now essentially be captured by just two companies, potentially including new back-end provider Afilias, according to data from a disgruntled former director.
According to Josh Rowe’s analysis of auDA’s newly swollen members list, 39.2% of auDA’s members are now employees of CrazyDomains owner Dreamscape Networks, after Dreamscape signed up a whopping 527 staffers.
Assuming bloc-voting, Dreamscape would need support from only one of either Afilias (with 12.4% of members) or the registrar Arq Group (formerly Melbourne IT, with 15%) to obtain a simple majority in any member vote, judging by Rowe’s figures.
His analysis, sent out to supporters and forwarded to DI this week, was based on auDA’s official member list, which includes full contact information for each member. He had to crowdfund a couple hundred bucks to obtain the list from auDA.
Rowe told ITWire that in most cases the new members listed their employer’s address as their own.
The names-only list published on auDA’s web site currently stands at 1,345 people by my count, about a thousand more than it contained just a few days ago.
Rowe’s tally chimes roughly with my previous estimate that about 150 Afilias employees had joined auDA. Rowe makes it 166.
auDA had previously publicly thanked the three aforementioned companies, along with the registrar Ventra IP, for helping with the membership drive, which auDA says will help it diversify its membership as per the instructions of the Australian government.
The new members will not have the ability to vote in the auDA extraordinary general meeting, which is due to take place at midnight UTC tonight (1000 Friday morning in Melbourne). Their memberships should be active by the time the annual general meeting rolls around in a few months, however.
Tonight’s meeting will see the 300-odd older members vote on whether to fire auDA’s three independent directors. A fourth motion, to express no confidence in CEO Cameron Boardman, was removed from the agenda by the auDA board.
auDA was forced to called the meeting after Rowe and his allies, dismayed by what they see as policy and transparency missteps, managed to rally the support of more than the threshold 5% of the member base.
That was fewer than 20 people under the smaller membership (though Rowe’s petition obtained 22 signatures). Now it would be around 67 people.
This presumably means that Rowe’s allies — the so-called “Grumpies” — have lost their ability to shake things up in the auDA boardroom in future.
However, it presumably also means that if DreamScape, Afilias or Arq wanted to cause trouble, they could strong-arm their employees into supporting whatever flag they wanted to wave.

2 Comments Tagged: afilias, arq, auda, crazydomains, dreamscape, grumpier

Facebook clashes with registrars after massive private data request

Facebook is on the warpath, testing the limits of personal data disclosure in the post-GDPR world.
Via an intermediary called AppDetex, the company recently filed 500 requests for non-public Whois contact information with various registrars, covering potentially thousands of domains, and is now complaining to ICANN that almost all of the replies it received were “non-responsive”.
DI has learned that Facebook is not only asking registrars for Whois data on specific domains it believes infringe its trademarks, however. It’s also asking them to provide complete lists of domains owned by the same registrant, along with the Whois data for those domains, something registrars have never been obliged to provide, even pre-GDPR.
It’s now pissed that almost all of its requests were blown off, with registrars giving various reasons they could not provide the data.
AppDetex is a brand protection services firm and ICANN-accredited registrar. It’s built an automated system for generating Whois disclosure requests and sending them to registrars.
Ben Milam, its general counsel, wrote to ICANN last week to urge the organization to come up with, and more importantly enforce, a framework for brand owners to request private Whois data.
The company has stopped short of filing formal complaints against the registrars with ICANN’s compliance division, but Milam said it will in future:

we do plan to file complaints in the future, but not until ICANN has (i) established proper disclosure guidelines for non-public WHOIS requests for the registrar base to follow, and (ii) implemented an enforcement process that will ensure that brand holder requests are being satisfied.

The letter says that only one registrar responded adequately, to three of its disclosure requests. That was FBS Inc, which I believe is Turkey’s largest registrar. Turkey is not in the EU.
One registrar on Facebook’s naughty list is Ireland-based Blacknight Solutions, which received three disclosure requests but did not provide AppDetex with the information it wanted.
Blacknight CEO Michele Neylon shared a copy of one of these requests, which he said was received via email July 2, with DI.
In my view, the request is clearly automated, giving the registrar a deadline to respond 48 hours in the future accurate to the second. It cites five Facebook trademarks — Facebook, FB, Instagram, Oculous and WhatsApp.
At Blacknight’s request, I won’t disclose the domain here, but it begins with the string “insta”. At first glance it’s not an clear-cut case of cybersquatting the Instagram trademark. It’s currently parked, displaying ad links unrelated to Instagram.
The email asks the registrar to turn over the full non-public Whois contact information for the registrant, technical contact and administrative contact, but it goes on to also ask for:

4. All other domain names registered under this registrant’s account or email address
5. All information in requests 1, 2, and 3 for all domains provided in response to request 4

This would increase the volume of Whois records requested by Facebook from 500 to, very probably, thousands.
This reverse-Whois data was not previously available via vanilla registrar-provided Whois, though it may be under successor protocol RDAP. Brand owners would have to use a commercial third-party service such as DomainTools in order to connect a registrant to the rest of his portfolio.
It’s debatable whether registrars will be obliged to provide this reverse-Whois capability on non-public data to brand owners even after RDAP becomes the norm.
The request says Facebook needs the data in order “to investigate and prevent intellectual property infringement and contact infringing parties and relevant service providers” and “to facilitate legal action against the registrant”.
Facebook says it’s entitled to the data under Article 6(1)(f) of the GDPR as it’s “necessary for the purposes of our legitimate interests, namely (1) identifying the registered holder of a domain name and their contact information to investigate and respond to potential trademark infringement and (2) enforcing legal claims.”
Currently, registrars are governed by ICANN’s Temporary Specification for Whois, a GDPR-related Band-Aid designed to last until the ICANN community can create a formal policy.
Access to non-public Whois data is governed by section 4 of the Temp Spec, which reads in part:

Registrar and Registry Operator MUST provide reasonable access to Personal Data in Registration Data to third parties on the basis of a legitimate interests pursued by the third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the Registered Name Holder or data subject pursuant to Article 6(1)(f) GDPR.

In the absence of a formal ICANN policy, legal precedent, or specific guidance from data protection authorities, it’s not abundantly clear how registrars are supposed to comply with this clause of the spec, which may explain why Facebook is getting different responses from different registrars.
Neylon said that Blacknight responded to the disclosure requests by asking Facebook to produce an Irish court order.
He said the requests were overly broad, did not provide any contact information for the requester, did not provide a specific complaint against the registrants, and did not specify what privacy safeguards Facebook planned to subject the data to once it was handed over.
It seems Blacknight was not alone. According to AppDetex’s letter to ICANN, at least six other registrars replied denying the requests and saying:

complainant (Facebook) must utilize legal process of a subpoena or court order; complainant must file a UDRP action; complainant must file an action with WIPO; complainant must contact WIPO; and/or complainant’s request has been forwarded to the domain owner.

Milam said (pdf) that he expects the volume of requests to increase and that registrars’ responses will be forwarded to ICANN Compliance to help create a normalized framework for dealing with such requests.

6 Comments Tagged: appdetex, blacknight, facebook, gdpr, ICANN, privacy, rdap, rdds, whois

Baidu gets Chinese approval for .baidu

It seems China’s Draconian licensing program for TLD registries is not limited to foreigners.
Chinese internet giant Baidu on Friday became the latest new gTLD registry operator to get the nod to run a TLD by the Ministry of Industry and Information Technology.
The approval was for .baidu, which is currently pre-launch with no launch plan on record.
Despite the brand match, it’s not technically a dot-brand gTLD — its ICANN contract has no Specification 13, which contains various carve-outs for single-registrant spaces.
While not particularly well-known in the English-speaking world, Baidu is second only to Google in terms of search engine market share, due to its dominance in China.
The company had 2017 revenue of almost CNY 85 billion ($12.5 billion).

Comment Tagged: baidu, china, dot-brands, miit

ICANN rejected Israel as meeting venue due to threat from Gaza and Iran

Israel was rejected as a possible venue for one of ICANN’s 2020 public meetings due to concerns about Middle East violence, DI has learned.
A proposal to host a meeting in Tel Aviv was discounted, with ICANN staff telling the board of directors that it is “not suitable for an ICANN meeting due to security concerns.”
“With the proximity to the Gaza strip and the escalation of an Iran/Israel conflict we feel it is best to avoid this region,” the board was told at its meeting last month.
Cost was also cited as a reason to avoid the city, though there was no mention of visa problems (which I imagine would be a concern for many community members).
Tel Aviv, which was proposed by a local registrar, was among five possible venues for ICANN’s mid-2020 Policy Forum that were rejected in favor of Kuala Lumpur, Malaysia.
The others, which all came from the Asia-Pacific region per ICANN’s regional rotation policy, were Macau (China), Auckland (New Zealand), Sydney (Australia) and Adelaide (Australia).
It also appears that locations proposed by community members seem to get preference over those proposed by venues, such as convention centers, themselves.
The alternative proposals have come to light because ICANN neglected to redact confidential information from a set of board briefing documents (pdf) published last week. The unredacted information reads:

Other Hosting Proposals Received:

• Macao, China: Yannis Li (DotAsia), Bonnie Chun (HKIRC) and Paco Xiao (MONIC) submitted a proposal. However, we found this location to be more expensive than Kuala Lumpur.
• Auckland, New Zealand: Jordan Carter from InternetNZ submitted a proposal. However, we found this location to be more expensive than Kuala Lumpur.
• Tel-Aviv, Israel: Yoav Keren from Domain The Net Technologies Ltd. submitted a proposal. However, we found this location to be more expensive than Kuala Lumpur and not suitable for an ICANN meeting due to security concerns. With the proximity to the Gaza strip and the escalation of an Iran/Israel conflict we feel it is best to avoid this region.
• Sydney, Australia: Joanne Muscat from Business Events Sydney submitted a hosting proposal. However, this location was proposed by the meeting venue not a community member and is more expensive than Kuala Lumpur.
• Adelaide, Australia: Jacqui Lloyd from Adelaide Convention Bureau submitted a proposal. However, this location was proposed by the meeting venue not a community member and is more expensive than Kuala Lumpur.

The same document also reveals that proposals to host ICANN’s 2020 Latin America meeting — which was ultimately awarded to Cancun, Mexico — were received from Lima, Peru and Monterrey, Mexico.
Monterrey was also rejected due to unspecified “security and accessibility concerns”.
The US State Department currently classifies Monterrey with a “Level 3 — Reconsider Travel” status, whereas Cancun has a lower “Level 2 — Exercise Increased Caution” status.
The unredacted text reads:

• Lima, Peru: Johnny Laureano from the Asociación de Usuarios de Internet del Perú submitted a hosting proposal. The proposed convention center is still in the process of selecting a management company. The host has not followed through with a valid proposal.
• Monterrey, Mexico: Monica Trevino from Cintermex Convention Center submitted a hosting proposal. The location was not suitable for an ICANN meeting due to security and accessibility concerns.

Paris, Budapest, The Hague, and Geneva — some of which had been scouted by ICANN as opposed to being proposed by third parties — were rejected as venues for the 2020 European meeting.
The unredacted document reads:

• Paris, France: Laure Filloux from VIPARIS Palais des Congrès de Paris submitted a hosting proposal. However, this location was proposed by the meeting venue not a community member and is more expensive than Hamburg.
• Budapest, Hungary: Balazs Szucs from HungExpo Budapest submitted a hosting proposal. This location was proposed by the meeting venue and was not suitable for an ICANN meeting.
• The Hague, Netherlands: Identified by the ICANN meetings team as a possible location was also considered. The location was more expensive than Hamburg.
• Geneva, Switzerland: Identified by the ICANN meetings team as a possible location was also considered. The location was more expensive than Hamburg.

The European meeting will instead take place in Hamburg at the invitation of local trade group eco and the city council.
The cost of each successful proposal, which seems to be the clincher in each case, is redacted in these documents.

3 Comments Tagged: ICANN, meetings

ICANN’s GDPR lawsuit bounced up to appeals court

ICANN’s lawsuit against Tucows’ German subsidiary EPAG has been bounced up to a higher court in Cologne.
The suit seeks to force Tucows to continue to collect the Admin-C and Tech-C fields of the Whois spec, something which is required by the Registrar Accreditation Agreement but which Tucows argues would force it to breach the General Data Protection Regulation.
The court of first instance denied ICANN’s application for an injunction.
ICANN then appealed, suggesting that the case should be referred to the European Court of Justice for a definitive answer.
Instead, the Bonn “Regional Court” has referred the case to the “Higher Regional Court” in Cologne. ICANN said the ECJ referral is still a possibility, however.
The lower court did not change its original ruling, but nor did it consider ICANN’s new arguments, which will transfer to the higher court’s attention, according to ICANN.
If you want a migraine to match mine, you can read an ICANN-provided English translation of the latest ruling here (pdf).

Comment Tagged: epag, gdpr, ICANN, privacy, tucows, whois

Neustar swaps out CEO, PIR looking for new CEO

There are to be changes at the top at two of the industry’s stalwarts.
Neustar has announced that eight-year CEO Lisa Hook has stepped aside to be replaced by Charles Gottdiener, who comes from the world of private equity.
He was most recently COO and MD at Providence Equity Partners.
Hook, who became CEO in 2010, will remain on the Neustar board of directors.
Neustar, which manages .biz, .co and many dot-brand gTLDs, is now owned by private equity group Golden Gate Capital, with a minority ownership by Singapore-based investor GIC, following a $2.9 billion deal last year.
Meanwhile, Public Interest Registry has started advertising for a new CEO of its own, following the mysterious resignation of Brian Cute in May. PIR runs .org and related gTLDs.
PIR said its new boss will need “excellent organizational, strategic planning, financial management and diplomatic skills”.
If it sounds like you, you have a few days to get your application in.

Comment Tagged: neustar, pir, public interest registry

Is the new Whois policy group already doomed to fail?

ICANN’s Generic Names Supporting Organization has set itself extremely aggressive, some might say impossible, targets for its emergency Whois policy work.
The GNSO Council on Thursday approved the charter for a new working group that will attempt to come up with a consensus policy for how to amend the Whois system in light of the EU’s General Data Protection Regulation.
But the vote was not unanimous — three of the six Non-Commercial Stakeholder Group councilors abstained largely because they think intellectual property interests have managed to capture the discussion before it has begun.
The three abstentions were independent consultant Ayden Ferdeline, cybersecurity policy researcher Tatiana Tropina, and privacy consultant Stephanie Perrin.
Tropina said during the Thursday meeting: “I cannot vote ‘yes’ for a document that in my opinion has parts that are not properly worded and, instead of setting the scope of the EPDP [Expedited Policy Development Process] work, set up multiple possibilities to get the work sidetracked.”
She and Ferdeline pointed specifically to section J of the approved charter (pdf), which addresses “reasonable access” to non-public Whois data.
This is the part of the policy work that will decide whether, and to what extent, entities such as trademark owners and cybersecurity researchers will be able to peek behind the curtain of post-GDPR personal data redactions and see who actually owns domain names.
There are several “gating” questions that the working group must answer before it gets to J, however, such as: what data should be collected by registrars, how data transfer to registries should be handled, and are the reasons for this data to be collected all valid?
But when it comes to section J, the abstaining NCSG councilors reckon that the Intellectual Property Community has managed to sneak in the notion that its members should get access to private data as a fait accompli. Section J reads in part:

What framework(s) for disclosure could be used to address (i) issues involving abuse of domain name registrations, including but not limited to consumer protection, investigation of cybercrime, DNS abuse and intellectual property protection, (ii) addressing appropriate law enforcement needs, and (iii) provide access to registration data based on legitimate interests not outweighed by the fundamental rights of relevant data subjects?

Ferdeline said in his abstention:

I believe that Section J includes, first and foremost, questions that unnecessarily expand the scope of this EPDP and put perceived answers — rather than genuine, open ended questions — into this important document. Overall I think this section of the charter’s scope is unnecessary and will not allow the EPDP team to complete their work in a timely manner.

Tropina said J “poses the questions that, first of all, imply by default that issues related to intellectual property protection and consumer protection require the disclosure of personal data”, adding that she was bewildered that IP interests had been lumped in with security concerns:

This wording fails me: as I am criminal lawyer working in the field of frameworks for cybercrime investigation, I do not see why cybercrime investigations are separated from law enforcement needs and go to the same basket with intellectual property protection as they are on a completely different level of legitimate demands

In short, the newly approved EPDP charter has been framed in such a way as to make discussions extremely fractious from the outset, pitting privacy interests against those of the trademark lobby on some of the most divisive wedge issues.
This is problematic given that the working group has an extremely aggressive schedule — its members have not yet even been named and yet it expects to produce its Initial Report shortly after ICANN 63, which ends October 25 this year.
It’s an absurdly short space of time to resolve questions that have dogged ICANN for almost two decades.
Will this pressure to come to agreement against the clock work in favor of the trademark community, or will it doom the policy-making process to deadlock?
Attempting to steer the WG through this minefield will be Kurt Pritz, who was confirmed by the Council as its neutral chair on Thursday, as DI first reported a week ago.
The make-up of the group has also proved contentious.
While it is a GNSO process that would lead to a Consensus Policy binding on all gTLD registries and registrars, the decision has been made to bring in voices from other areas of the community, such as the Country Code Names Supporting Organization, which will not be directly affected by the resulting policy.
There will be 29 members in total, not counting the non-voting chair.
The GNSO gets 18 of these seats at the table, comprising: three registries, three registrars, two IPC members, two ISPs, two Business Constituency members, six NCSG members (which, I imagine would be split between the privacy-focused NCUC and more IP-friendly NPOC).
But also joining the group on an equal footing will be two members of the Root Server System Advisory Committee (I’ve no idea why), two from the Security and Stability Advisory Committee, two from the ccNSO, two from the At-Large Advisory Committee and three from the Governmental Advisory Committee.
The actual individuals filling these seats will be named by their respective constituencies in the next few days, ahead of the first WG meeting July 30.
It has been said that these people could expect to devote north of 30 hours a week (unpaid of course, though any necessary travel will be comp’d) to the discussions.

Comment Tagged: epdp, gdpr, gnso, ICANN, privacy, security, trademarks, whois