ICANN: tell us how you will break Whois rules

ICANN has invited registrars and registries to formally describe how they plan to break the current rules governing Whois in order to come into compliance with European Union law.
The organization today published a set of guidelines for companies to submit proposals for closing off parts of Whois to most internet users.
It’s the latest stage of the increasingly panicky path towards reconciling ICANN’s contracts with the General Data Protection Regulation, the EU law that comes into full effect in a little over five months.
GDPR is designed to protect the privacy of EU citizens. It’s generally thought to essentially ban the full, blanket, open publication of individual registrants’ contact information, but there’s still some confusion about what exactly registries and registrars can do to become compliant.
Fines maxing out at of millions of euros could be levied against companies that break the GDPR.
ICANN said last month that it would not pursue contracted parties that have to breach their agreements in order to avoid breaking the law.
The catch was that they would have to submit their proposals for revised Whois services to ICANN for approval first. Today is the first time since then that ICANN has officially requested such proposals.
The request appears fairly comprehensive.
Registries and registrars will have to describe how their Whois would differ from the norm, how it would affect interoperability, how protected data could be accessed by parties with “legitimate interests”, and so on.
Proposals would be given to ICANN’s legal adviser on GDPR, the Swedish law firm Hamilton, and published on ICANN’s web site.
ICANN notes that submitting a proposal does not guarantee that it will be accepted.

Comment Tagged: .eu, gdpr, ICANN, privacy, whois

ICANN punts o.com auction to US watchdogs

Verisign’s proposed auction of the domain o.com might have a negative effect on competition and has been referred to US regulators.
That’s according to ICANN’s response to the .com registry’s request to release the domain, which is among the 23 single-letter domains currently reserved under the terms of its contract.
ICANN has determined that the release “might raise significant competition issues” and has therefore been referred to “to the appropriate governmental competition authority”.
It’s forwarded Verisign’s request to the US Department of Justice.
Verisign late last month asked ICANN if it could release o.com to auction as a test that could presumably lead to other single-character .com names being released in future.
The plan is for a charity auction, in which almost all the proceeds are donated to internet-related good causes.
Only the company running the auction would make any significant money; Verisign would just take its standard $7.85 annual fee.
ICANN told the company that it could find no technical reason that the release could not go ahead.
The only barrier is the fact that Verisign arguably has government-approved, cash-printing, market dominance and is therefore in a sensitive political position.
Whether its profitless plan will be enough to see the auction given the nod remains to be seen.
A certain bidder in the proposed auction would be Overstock.com, the online retailer, which has been pressuring ICANN and Verisign for the release of O.com for well over a decade and even owns trademarks covering the domain.
Disclosure: several years ago I briefly provided some consulting/writing services to a third party in support of the Verisign and Overstock positions on the release of single-character domain names, but I have no current financial interest in the matter.

7 Comments Tagged: .com, antitrust, auction, competition, ftc, ICANN, o.com, overstock.com, rsep, verisign

Numeric .xyz names plummet despite dollar deal

XYZ.com’s effort to sell over a billion numeric .xyz domains at just $0.65 each does not appear to be gaining traction.
The number of qualifying domains in the .xyz zone file has plummeted by almost 200,000 since the deal was introduced and dipped by over 4,000 since the blanket discount went live.
The $0.65 registry fee applies to what XYZ calls the “1.111B Class” of domains — all 1.111 billion possible six, seven, eight and nine-digit numeric .xyz domains.
These domains carry a recommended retail price of $0.99.
It’s not a promotional price. It’s permanent and also applies to renewals.
Some registrars opted to start offering the lower price from June 1, but it did not come into effect automatically for all .xyz registrars until November 11
The number of domains in this class seems to be on a downward trend, regardless.
There were 272,589 such domains May 31, according to my analysis of .xyz zone files, but that was down to 74,864 on December 5.
On November 10, the day before the pricing became uniform, there were 78,256 such domains. That shows a decline of over 4,000 domains over the last four weeks.
It’s possible that the 1.111B offer is attracting registrants, but that their positive impact on the numbers is being drowned out by unrelated negative factors.
The period of the 200,000-name decline coincides with the massive mid-July junk drop, in which .xyz lost over half of its total active domains due to the expiration of domains registered for just a penny or two in mid-2015.
Many of those penny domains were numeric, due to interest from speculators from China, where such names have currency.
The period also coincides with a time in which XYZ was prohibited from selling via Chinese registrars, due to a problem changing its Real Names Verification provider.
In recent marketing, XYZ has highlighted some interesting uses of 1.111B domains, including a partnership with blockchain cryptocurrency Ethereum.
Other registrants are using the domains to match important dates and autonomous system numbers.

Comment Tagged: .xyz, 1.111b, new gTLDs, numeric, xyz.com

DotKids doesn’t want .kids auction to go ahead

One of the applicants for the .kids gTLD has asked ICANN to stop the planned last-resort auction.
DotKids Foundation is competing with Amazon for .kids and, because the two strings were ruled confusingly similar, with Google’s application for the singular .kid.
ICANN last month set a January 25 date for the three contenders to go to auction, having unfrozen DotKids’ application back in October.
DotKids’ bid had been put on hold due to it losing a Community Priority Evaluation — which found overwhelmingly that the organization did not represent a proper community — and its subsequent appeals of that ruling.
But the foundation now says that its application should be treated the same as .music, .gay, and a few others, which are currently on hold while ICANN waits for the results of a third-party review of the CPE process.
DotKids filed a Request for Reconsideration (pdf) with ICANN yesterday, immediately after being told that there were no plans to put the contention set back on hold.
Tomorrow is the deadline for the three applicants to submit their information to ICANN to participate in next month’s auction.
An ICANN last-resort auction sees the winning bid being placed in a fund for a yet-to-be-determined purpose, as opposed to private auctions where the losing bidders share the loot.

Comment Tagged: amazon, auction, community, cpe, dotkids, google, ICANN, last resort, new gTLDs

Open Whois must die, Europe privacy chiefs tell ICANN

Unfettered public access to full Whois records is illegal and has to got to go, an influential European Union advisory body has told ICANN.
The Article 29 Working Party on Data Protection, WP29, wrote to ICANN yesterday to say that “that the original purposes of the WHOIS directories can be achieved via layered access” and that the current system “does not appear to meet the criteria” of EU law.
WP29 is made up of representatives of the data protection agencies in each EU member state. It’s named after Article 29 of the EU’s 1995 Data Protection Directive.
This directive is parent legislation of the incoming General Data Protection Regulation, which from May 2018 will see companies fined potentially millions of euros if they fail to protect the privacy of EU citizens’ data.
But WP29 said that there are questions about the legality of full public Whois under even the 1995 directive, claiming to have been warning ICANN about this since 2003:

WP29 wishes to stress that the unlimited publication of personal data of individual domain name holders raises serious concerns regarding the lawfulness of such practice under the current European Data Protection directive (95/46/EC), especially regarding the necessity to have a legitimate purpose and a legal ground for such processing.

Under the directive and GDPR, companies are not allowed to make consent to the publication of private data a precondition of a service, which is currently the case with domain registration, according to WP29.
Registrars cannot even claim the publication is contractually mandated, because registrants are not party to the Registrar Accreditation Agreement, the letter (pdf) says.
WP29 adds that law enforcement should still be able to get access to Whois data, but that a “layered” access control approach should be used to prevent full disclosure to anyone with a web browser.
ICANN recently put a freeze on its contract compliance activities surrounding Whois, asking registries and registrars to supply the organization with the framework and legal advice they’re using to become compliant with GDPR.
Registries and registrars are naturally impatient — after a GDPR-compatible workaround is agreed upon, they’ll still need to invest time and resources into actually implementing it.
But ICANN recently told contracted parties that it hopes to lay out a path forward before school breaks up for Christmas December 22.

1 Comment Tagged: .eu, gdpr, ICANN, privacy, whois, wp29

InternetNZ loses two of its three CEOs as it simplifies

InternetNZ has announced the results of a consultation into a restructuring of the organization.
The .nz ccTLD manager is to cut one of its three operating companies and reduce the number of CEOs from three to one.
NZRS, which actually runs the registry, will be folded into InternetNZ, while policy-setting body Domain Name Commission Ltd will remain a separate company in the same group.
Jordan Carter, CEO of the company since 2013, has been picked to carry on leading InternetNZ and to chair the board of DNCL, which is losing three of its 12 seats.
The company threw open the idea of a restructuring back in June, noting that it had 20 governors, three CEOs and 10 senior executives for the 35 full time employees across the three organisations
InternetNZ leadership said in a statement that they hope the changes will help the registry become more effective as it simplifies.

Comment Tagged: .nz, internetnz

Neustar ditches .biz for .neustar

Registry operator Neustar has migrated all of its web sites to its .neustar gTLD, abandoning its original home at .biz.
The company announced today that its main site can now be found at home.neustar. Its old neustar.biz already redirects to the dot-brand domain.
It’s also using domains such as marketing.neustar, security.neustar and risk.neustar to market its various services.
Neustar has been using its dot-brand extensively for years, adding at least 10 new sites this year, but today marks the formal blanket switch away from its old .biz branding.
The gTLD has over 600 names in its zone file, of which about 15 resolved to active .neustar web sites according to the last scan I did. There’s probably more today.
It must have been a bit of a Sophie’s Choice for the company.
Neustar has been using its own .biz ever since it went live with the gTLD over 15 years ago, a case of eating its own dog food when few others would, but it now clearly sees a tastier future in its dot-brand business.
The company acts as the back-end for almost 200 dot-brands already — about a third of those that went live from the 2012 gTLD application round — and seems to be laying the groundwork for a big push in the next round (expected at some point after 2020).
The rebrand should give Neustar some first-hand experience of the challenges current and future clients could face when switching to a dot-brand gTLD.

1 Comment Tagged: .biz, dot-brands, neustar

Roberts elected to ICANN board

Channel Islands ccTLD operator Nigel Roberts has been elected to ICANN’s board of directors.
He gathered an impressive 67% of the votes in an anonymous poll of ccNSO members conducted last week.
He received 60 votes versus the 29 cast for his only opponent, Pierre Ouedraogo, an internet pioneer from Burkina Faso.
Roberts, a Brit, runs ChannelIsles.net, registry manager for .gg (for the islands Guernsey, Alderney and Sark) and .je (for Jersey). These are the independent UK dependencies found floating between England and France.
He’s been in the ICANN community since pretty much day one.
His election still has to be formally confirmed by the ccNSO Council and then the ICANN Empowered Community.
Roberts will not take his seat on the ICANN board until October next year, at the end of public meeting in Barcelona.
He will replace Mike Silber, the South African who’s currently serving his ninth and therefore final year as a director.
The other ccNSO seat is held by Australian ICANN vice chair Chris Disspain, who is also term-limited and will leave at the end of 2019.

Comment Tagged: .gg, .je, board, ccnso, cctlds, channelisles.net, election, ICANN

Brazil loses its only registrar as UOL bows out

There are now no ICANN-accredited registrars in Brazil, following the termination of Universo Online’s contract this week.
I understand the agreement was ended at UOL’s request. It’s not a case of it breaching its contract.
UOL is a big deal in Brazil, getting beaten in the eyeballs stakes only by the likes of Google and Facebook, but as a registrar it wasn’t in the top 100 globally.
It had a little over 100,000 gTLD domains under management at the last count, with a peak over the last five years of roughly 200,000
I hear that these remaining domains will be transferred to Tucows’ accreditation.
Brazil has had at least four registrars, including UOL, over the years.
Countries roughly the same size as Brazil by population (over 200 million) include Nigeria and Pakistan, each of which still have one active registrar.
There are 10 contracted registries, managing nine 2012-round new gTLDs, in Brazil.

1 Comment Tagged: ICANN, termination, universo online, uol

Verisign wants to auction off O.com for charity

The internet could soon gets just its fourth active single-character .com domain name, after Verisign revealed plans to auction off o.com for charity.
The company has asked ICANN to allow it to release just one of the 23 remaining one-letter .com domains, which are currently reserved under the terms of the .com registry agreement.
It’s basically a proof of concept that would lead to this contractual restriction being lifted entirely.
O.com has been picked as the guinea pig, because of “long-standing interest” in the domain, according to Verisign.
Overstock.com, the $1.8 billion-a-year US retailer, is known to have huge interest in the name.
The company acquired o.co from .CO Internet for $350,000 during the ccTLD’s 2010 relaunch, then embarked upon a disastrous rebranding campaign that ended when the company estimated it was losing 61% of its type-in traffic to o.com.
Overstock has obsessed over its unobtainable prize for over a decade and would almost certainly be involved in any auction for the domain.
In fact, I wouldn’t be surprised to discover that Overstock pressured Verisign into requesting the release of o.com.
Despite the seven or eight figures that a single-letter .com domain could fetch, Verisign’s cut of the auction proceeds would be just $7.85, its base registry fee.
Regardless, it has a payment schedule in mind that would see the winning bidder continue to pay premium renewal fees for 25 years, eventually doubling the sale price.
The winner would pay their winning bid immediately and get a five-year registration, but then would have to pay 5% of that bid to renew the domain for years six through 25.
In other words, if the winning bid was $1 million, the annual renewal fee after the first five years would be $50,000 and the total amount paid would eventually be $2 million.
All of this money, apart from the auction provider’s cut, would go to a trust that would distribute the funds to internet-focused non-profit organizations, such as those promoting security or open protocols.
There’s also a clause that would seem to discourage domain investors from bidding. The only way to transfer the domain would be if the buyer was acquired entirely, though this could be presumably circumvented with the use of a shell company.
It’s an elaborate auction plan, befitting of the fact that one-character .com domains are super rare.
Only x.com, q.com and z.com are currently registered and it’s Verisign policy to reserve them in the unlikely event they should ever expire.
Billionaire entrepreneur Elon Musk this July reacquired x.com, the domain he used to launch PayPal in the 1990s, back from PayPal for an undisclosed sum.
Z.com was acquired by GMO Internet for $6.8 million in 2014.
Single-character domains are typically not reserved in the ICANN contracts of other gTLDs, whether pre- or post-2012, though it’s standard practice for the registry to reserve them for auction anyway.
Verisign’s reservations in .com and .net are a legacy of IANA policy, pre-ICANN and have been generally considered technically unnecessary for some years.
Still, there’s been a reluctance to simply hand Verisign, already a money-printing machine through accident of history, another windfall of potentially hundreds of millions of dollars by allowing it to sell off the names for profit. Hence the elaborate plan with the O.com trust fund.
The proposal to release O.com requires a contractual amendment, so Verisign has filed a Registry Services Evaluation Process request (pdf) with ICANN that is now open for public comment.
As a matter of disclosure: several years ago I briefly provided some consulting/writing services to a third party in support of the Verisign and Overstock positions on the release of single-character domain names, but I have no current financial interest in the matter.

7 Comments Tagged: .com, auction, ICANN, o.co, o.com, overstock.com, rsep, single-character, verisign