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Schneider quits as chair of GAC

Kevin Murphy, March 11, 2017, Domain Policy

ICANN’s Governmental Advisory Committee is looking for a new chair.
Incumbent Thomas Schneider intends to leave the role before his current two-year term expires, he told GAC members assembled here at the ICANN 58 public meeting in Copenhagen this afternoon.
Schneider said that his boss at the Swiss government agency at which he works recently retired and that he has been appointed his successor.
From April, he’ll become vice director of the Federal Office of Communication, responsible for international affairs, he said.
The increased workload, including organizing the next Internet Governance Forum in Geneva, means he will no longer be able to devote his time to chairing the GAC, he said.
Schneider’s first two-year term as GAC chair started at the beginning of 2015. He was reelected to the position for a second term last November.
His replacement will be elected at the ICANN 60 meeting in Abu Dhabi this coming October, at which point Schneider will hand over the reins.

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Papac named ICANN’s first complaints officer

Kevin Murphy, March 10, 2017, Domain Policy

ICANN has named its first-ever complaints officer.
It’s Krista Papac, a long-time domain industry participant who’s been working for ICANN, most recently as director of registry services and engagement, since 2013.
She’s previously worked for the registries Verisign, ARI (now part of Neustar) and data escrow agent Iron Mountain.
Her job will be to “provide a centralized mechanism to track complaints received about the ICANN organization” and is “an additional way for the ICANN organization to be accountable for and transparent about its performance”.
Her input will come largely from existing accountability mechanisms — the Ombudsman, Requests for Reconsideration, the Independent Review Process, and the contractual compliance department.
She’ll report to general counsel John Jeffrey.
The hire, and the reporting line, has already proved somewhat controversial.
Domain investor trade group the Internet Commerce Association today said that it was skeptical that a complaints officer reporting to the general counsel could be effective.
ICA added in a blog post that, while it has no beef with Papac, it had concerns that an insider had been hired into the role.

How can any individual who has worked for years within ICANN’s [Global Domains Division] be expected to cast prior experience and relationships aside to thoroughly and dispassionately investigate a complaint brought against GDD actions generally, or those of a specific member of the GDD staff?

Papac’s new role follows Jamie Hedlund’s internal move from head of government relations to VP of contractual compliance and consumer safeguards, in January.

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Schilling: big price increases needed to keep new gTLDs alive

Uniregistry is to massively increase the price of some of its under-performing new gTLDs in an effort to keep them afloat.
Sixteen TLDs from the company’s portfolio of 27 will see price increases of up to 3,000% starting September 8, CEO Frank Schilling confirmed to DI today.
“We need more revenue from these strings, especially the low volume ones, without question,” he said. “We can’t push on a string and stoke demand overnight. So in order for that string to survive as a standalone it has to be profitable.”
While domainers have taken to new gTLDs in greater numbers than Schilling anticipated, demand among worldwide consumers has been slower than expected, Schilling said.
“If you have a space with only 5,000 registrations, you need to have a higher price point to justify its existence, just because running a TLD isn’t free,” he said.
The alternative to repricing would be to sell the TLD in question to a competitor, which in turn would then be forced to reprice anyway, he said.
The TLDs seeing the biggest price hikes are .hosting and .juegos (Spanish for “games”) which are going up from about $20 retail and about $10 retail respectively to about $300 apiece.
Schilling said he believed that true web hosts could afford the new pricing. The .juegos increase is modeled on what Uniregistry has been doing with .game, which currently retails for closer to $400.
At the budget, sub-$10 end of the portfolio, .click and .link are to see fees rise by a buck or two per year.
Names in .audio, .blackfriday, .diet, .flowers, hiphop .guitars and .property, currently priced in the $10 to $25 range, will all start retailing for about $100 per year.
The other affected TLDs are .christmas, .help, .sexy and .tattoo, which will all see big increases but stay in the sub-$100 range.
The TLDs seeing the biggest price increases are among the ones with the fewest registrations — .juegos has about 1,000 names in its zone, while .hosting has fewer than 6,000. Most of the 16 TLDs have fewer than 10,000 names in their zones.
Uniregistry is no stranger to highly-priced domains. It runs .cars, .car and .auto, where it sells every domain at $2,888 a year retail (with no reserved premiums) but has fewer than 500 names in each zone.
Schilling said that in some ways he prefers this model to the more standard model of low-price base fees with high-price premiums.
The higher prices will likely lead in the short term to lower registration numbers (as speculators flee) but will give Uniregistry more cash to invest in marketing.
“That metering effect of high prices, we like that, in terms of trying to grow the namespace, and it gives us money we can use to try to market the strings to prosperity,” Schilling said.
“At a higher price point, the marketing can scale, but we just can’t do it on base registrations of ten bucks or twenty bucks,” he said.
He added that the higher base fee gives Uniregistry more flexibility to provide periodic discounts.
ICANN rules make it much easier to have a high base fee and keep it regularly discounted than to periodically increase fees, which requires six months notice.
“Between renewals promotions and pricing promotions, a lot of the effects of the price increases will be moot,” Schilling said.
Because the new prices don’t kick in until September, registrants are able to lock in pricing at current levels by renewing for up to 10 years.
While the price increases and Schilling’s relatively gloomy commentary will certainly fuel opponents of new gTLDs, whom are legion, Schilling is still bullish on the market, which he continues to characterize as a marathon rather than a sprint.
“Within ten years, will it be bigger? Absolutely. It’ll be quintuple what it is today,” he said. “But we need to get to 10 years, and to keep the lights on between here and there we need higher prices, without question.”

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CentralNic says revenue more than doubled in 2016

CentralNic’s revenue was up 110% in 2016, according to the company.
The registry today released its unaudited results for last year, showing EBITDA up 65% at £5.5 million ($6.7 million) on revenue of £22.1 million ($26.9 million)
The company, which has expanded into registrar services via acquisition in the last few years, said its recurring revenue — mainly domain registrations — now account for about 80% of revenue.
CentralNic has about a third of the new gTLD back-end market, primarily because it’s the provider for .xyz’s millions of cheapo registrations.
In its statement, it said it hopes to focus on growing more in China, where clients including .xyz were recently licensed.
It also intends to make more acquisitions, where the deals “meet clear strategic criteria including being earnings accretive in the short term with a strong recurring revenues base”.

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How .com became a restricted TLD

Verisign has been given approval to start restricting who can and cannot register .com and .net domain names in various countries.
Customers of Chinese registrars are the first to be affected by the change to the registry’s back-end system, which was made last year.
ICANN last week gave Verisign a “free to deploy” notice for a new “Verification Code Extension” system that enables the company to stop domains registered via selected registrars from resolving unless the registrant’s identity has been verified and the name is not on China’s banned list.
It appears to be the system Verisign deployed in order to receive its Chinese government license to operate in China.
Under Verification Code Extension, Verisign uses ICANN records to identify which registrars are based in countries that have governmental restrictions. I believe China is currently the only affected country.
Those registrars are able to register domains normally, but Verisign will prevent the names from resolving (placing them in serverHold status and keeping them out of the zone file) unless the registration is accompanied by a verification code.
These codes are distributed to the affected registrars by at least two verification service providers. Verisign, in response to DI questions, declined to name them.
Under its “free to deploy” agreement with ICANN (pdf), Verisign is unable to offer verification services itself. It must use third parties.
The company added the functionality to its .com and .net registry as an option in February 2016, according to ICANN records. It seems to have been implemented last July.
A Verisign spokesperson said the company “has implemented” the system.
The Verification Code Extension — technically, it’s an extension to the EPP protocol pretty much all registries use — was outlined in a Registry Services Evaluation Process request (pdf) last May, and approved by ICANN not long after.
Verisign was approved to operate in China last August in the first wave of gTLD registries to obtain government licenses.
Under Chinese regulations, domain names registered in TLDs not approved by the government may not resolve. Registrars are obliged to verify the identities of their registrants and names containing certain sensitive terms are not permitted.
Other gTLDs, including .vip, .club, .xyz .site and .shop have been granted approval over the last few months.
Some have chosen to work with registration gateway providers in China to comply with the local rules.
Apart from XYZ.com and Verisign, no registry has sought ICANN approval for their particular implementation of Chinese law.
Because Chinese influence over ICANN is a politically sensitive issue right now, it should be pointed out that the Verification Code Extension is not something that ICANN came up with in response to Chinese demands.
Rather, it’s something Verisign came up with in response to Chinese market realities. ICANN has merely rubber-stamped a service requested by Verisign.
This, in other words, is a case of China flexing market muscle, not political muscle. Verisign, like many other gTLD registries, is over-exposed to the Chinese market.
It should also be pointed out for avoidance of doubt that the Chinese restrictions do not apply to customers of non-Chinese registrars.
However, it appears that Verisign now has a mechanism baked into its .com and .net registries that would make it much easier to implement .com restrictions that other governments might choose to put into their own legislation in future.

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Nominet gets new chair

.uk registry Nominet has appointed a new chair from the world of news media.
Mark Wood will replace outgoing chair Rennie Fritchie on April 28, the company said yesterday.
Wood is formerly a director of Reuters and chair/CEO of the UK television news company ITN. He’s also on the board of CityWire and the advisory board of PwC.
Baroness Fritchie has chaired Nominet for seven years.

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Verisign report deletes millions of domains from history

Verisign has dramatically slashed its estimates for the number of domains in existence in its quarterly Domain Name Industry Brief reports, two of which were published this week.
The headline number for the end of the fourth quarter is 329.3 million, a 0.7% increase sequentially and a 6.8% increase annually.
But it’s actually a lower number than Verisign reported in its second-quarter report just five months ago, which was 334.6 million.
The big swinger, as you may have guessed if you track this kind of thing, was .tk, the Freenom ccTLD where names are given away for free and then reclaimed and parked by the registry when they are deleted for abuse expire.
It seems a change in the way .tk is counted (or estimated) is the cause of the dip.
Verisign gets its gTLD data for the report from ICANN-published zone files and its ccTLD data from independent researcher Zooknic.
Problem is, Zook hasn’t had up-to-date data on .tk for a couple of years, so every DNIB published since then has been based on its December 2014 numbers.
But with the Q3 report (pdf), Zook revised its .tk estimates down by about six million names.
In earlier reports, the ccTLD was being reported at about 25 million names (exact numbers were not given), but now that’s been slashed to 18.7 million, relegating it to the second-largest ccTLD after China’s .cn, which has 21.1 million.
I’ve asked Freenom to confirm the latest numbers are correct and will update this post if I get a response.
Verisign does not say what caused the decision to scale down .tk’s numbers, but explains what happened like this:

In Q3 2016, Zooknic reported a significant decline in the .tk zone and restated the estimated zone size of .tk for each quarter from Q4 2014 through Q3 2016 using a proprietary methodology. As a result, for comparative purposes of this DNIB to the Q3 2016 DNIB and the Q4 2015 DNIB, Verisign has applied an updated estimate of the total zone size across all TLDs for Q3 2016 of 327.0 million and Q4 2015 of 307.7 million and an updated estimate of the total ccTLD zone size for Q3 2016 of 140.1 million and Q4 2015 of 138.1 million.

Apples-to-apples comparisons in the Q4 report show the ccTLD universe was up to 142.7 million names, a 1.8% sequential increase and up 3.1% on 2015. Excluding .tk, annual growth was 6.9%.
Verisign’s own .com and .net combined grew 1.7% to 142.2 million names at the end of the year, one percentage point smaller than their 2015 growth.
The full Q4 report can be read here (pdf).

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Donuts took down 11 domains for Hollywood last year

Kevin Murphy, February 28, 2017, Domain Policy

Donuts caused 11 domain names in its new gTLD portfolio to be taken down in the first 12 months of its deal with the US movie industry.
The company disclosed yesterday that the Motion Picture Association of America requested the suspension of 12 domains under their bilateral “Trusted Notifier” agreement, which came into effect last February.
The news follows the decisions by Public Interest Registry and the Domain Name Association not to pursue a “Copyright ADRP” process that would have made such Trusted Notifier systems unnecessary.
Of the 12 alleged piracy domains, seven were suspended by the sponsoring registrar, one was addressed by the hosting provider, and Donuts terminated three at the registry level.
For the remaining domain, “questions arose about the nexus between the site’s operators and the content that warranted further investigation”, Donuts said.
“In the end, after consultation with the registrar and the registrant, we elected against further action,” it said.
Trusted Notifier is supposed to address only clear-cut cases of copyright infringement, where domains are being using solely to commit mass piracy. Donuts said:

Of the eleven on which action was taken, each represented a clear violation of law—the key tenet of a referral. In some cases, sites simply were mirrors of other sites that were subject to US legal action. All were clearly and solely dedicated to pervasive illegal streaming of television and movie content. In a reflection of the further damage these types of sites can impart on Internet users, malware was detected on one of the sites.

Donuts also dismissed claims that Trusted Notifier mechanisms represent a slippery slope that will ultimately grant censorship powers to Big Content.
The company said “a mere handful of names have been impacted, and only those that clearly were devoted to illegal activity. And to Donuts’ knowledge, in no case did the registrant contest the suspension or seek reinstatement of the domain.”
It is of course impossible to verify these statements, because Donuts does not publish the names of the domains affected by the program.
Trusted Notifier, which is also in place at competing portfolio registry Radix, was this week criticized in an academic paper from professor Annemarie Bridy of the University of Idaho College of Law and Stanford University.
The paper, “Notice and Takedown in the Domain Name System: ICANN’s Ambivalent Drift into Online Content Regulation”, she argues that while Trusted Notifier may not by an ICANN policy, the organization has nevertheless “abetted the development and implementation of a potentially large-scale program of privately ordered online content regulation”.

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Did Whois blow the lid off a Labour leadership coup, or is this just pig-fuckery?

Kevin Murphy, February 28, 2017, Gossip

A British Member of Parliament has been forced to deny he was behind the registration of several domain names promoting him as a future leader of the Labour party.
Clive Lewis, until recently a member of the shadow cabinet, told the Guardian yesterday that he did not register the batch of domains, which included cliveforleader.org.uk, cliveforlabour.org.uk and their matching .org, .uk and .co.uk domains.
“None of this is true: I haven’t done this,” he told the paper, following a Huffington Post article revealing the names had been registered June 29 last year, just a couple of days after he was appointed shadow defence secretary.
Lewis resigned from the shadow cabinet three weeks ago after refusing to vote in favor of triggering the Article 50 process that will take the UK out of the European Union.
The Labour Party has been dogged by stories about potential leadership challenges ever since Jeremy Corbyn — popular among grassroots party members, unpopular with voters — took over.
Questions about Corbyn’s leadership reemerged last week after a disastrous by-election defeat for the party.
The domains were taken as an indication that Lewis had been plotting a coup for many months, which he has denied.
The Whois records do not support a conclusion one way or another.
Under Nominet rules, individuals are allowed to keep their phone number, postal and email addresses out of Whois if the domains are to be used for non-commercial purposes, a right the registrant of the names in question chose to exercise.
Public Whois records show the .uk names registered to “Clive Lewis”, but contain no contact information.
They do contain the intriguing statement “Nominet was able to match the registrant’s name and address against a 3rd party data source on 29-Jun-2016”, a standard notice under Nominet’s Whois validation program.
But Nominet does not validate the identity of registrants, nor does it attempt to link the registrant’s name to their purported address.
The statement in the Whois records translates merely that Nominet was able to discover that a person called Clive Lewis exists somewhere in the world, and that the postal address given is a real address.
The .org and .com domains, registered the same day by the same registrar, use a Whois privacy service and contain no information about the registrant whatsoever.
Lewis himself suspects the batch of names may have been registered by a political opponent in order to force him to deny that he registered them, noting that fellow MP Lisa Nandy had a similar experience last July.
His initial statement to HuffPo, on which he reportedly declined to elaborate, was:

A lesson from LBJ [US President Lyndon B Johnson] in how to smash an opponent. Legend has it that LBJ, in one of his early congressional campaigns, told one of his aides to spread the story that Johnson’s opponent f*cked pigs. The aide responded: ‘Christ, Lyndon, we can’t call the guy a pigf*cker. It isn’t true.’ To which LBJ supposedly replied: ‘Of course it ain’t true, but I want to make the son-of-a-bitch deny it.’

Since then, along with his denial to the Guardian, he’s told his local Norwich newspaper that he’s tasked his lawyers with finding out who registered the names.
“I have instructed a solicitor to go away and look at this. They can try and make sure we find the identity, the IP address and the payment details,” he told the Eastern Daily Press.

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Sanchez beats Greenberg to ICANN board seat

Kevin Murphy, February 27, 2017, Domain Policy

Mexican intellectual property lawyer León Felipe Sánchez Ambía has been selected to become a member of the ICANN board of directors by the At-Large, comfortably beating his opponent in a poll this weekend.
Sanchez took 13 votes (65%) to 10-year At-Large veteran Alan Greenberg’s 7, in a vote of At-Large Advisory Committee members and Regional At Large Organization chairs.
He’ll take the seat due to be vacated in November by Rinalia Abdul Rahim, who will leave the board after one three-year term.
He’s currently head of the IP practice and a partner at Fulton & Fulton in Mexico City. According to his bio:

He is co-lead for the Mexican chapter of Creative Commons and advisor to different Government bodies that include the Digital Strategy Coordination Office of the Mexican Presidency, the Special Commission on Digital Agenda and IT of the Mexican House of Representatives and the Science and Technology Commission of the Mexican Senate.
He drafted the Internet Users Rights Protection Act for Mexico and has been very active on issues like Anti-Counterfeit Trade Agreement (ACTA), Stop Online Privacy Act (SOPA), Trans-Pacific Partnership Agreement (TPPA) and other local initiatives of the same kind, always advocating to defend users’ and creators’ rights in order to achieve a balance between regulation and freedom.

Sanchez is certainly the less experienced of the two short-listed men when it comes to length of involvement in the ICANN community, but he’s a member of the ALAC and is deeply involved as a volunteer in ICANN accountability work following the IANA transition.
The At-Large was recently criticized in a report (pdf) for the perception that it is “controlled by a handful of ICANN veterans who rotate between the different leadership positions”.
Sanchez’s appointment to the board may have an effect on that perception.
The selection of another (white, male) North American to the board, replacing an Asian woman, will of course create more pressure to increase geographic and gender diversity on the other groups within ICANN that select board members.
A written Q&A between the two candidates and At-Large members can be found here.

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