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Now the DNA backpedals on “Copyright UDRP”

Kevin Murphy, February 27, 2017, Domain Policy

The Domain Name Association has distanced itself from the Copyright ADRP, a key component of its Healthy Domains Initiative, after controversy.
The anti-piracy measure would have given copyright owners a process to seize or suspend domain names being used for massive-scale piracy, but it appears now to have been indefinitely shelved.
The DNA said late Friday that it has “elected to take additional time to consider the details” of the process, which many of us have been describing as “UDRP for Copyright”.
The statement came a day after .org’s Public Interest Registry announced that it was “pausing” its plan for a Systemic Copyright Infringement Alternative Dispute Resolution Policy modeled on UDRP.
PIR was the primary pen-holder on the DNA’s Copyright ADRP and the only registry to publicly state that it intended to implement it.
It’s my view that the system was largely created as a way to get rid of the thepiratebay.org, an unwelcome presence in the .org zone for years, without PIR having to take unilateral action.
The DNA’s latest statement does not state outright that the Copyright ADRP is off the table, but the organization has deleted references to it on its HDI web page page.
The HDI “healthy practices” recommendations continue to include advice to registries and registrars on handling malware, child abuse material and fake pharmaceuticals sites.
In the statement, the DNA says:

some have characterized [Copyright ADRP] as a needless concession to ill-intentioned corporate interests, represents “shadow regulation” or is a slippery slope toward greater third party control of content on the Internet.
While the ADR of course is none of these, the DNA’s concern is that worries over these seven recommendations have overshadowed the value of the remaining 30. While addressing this and other illegalities is a priority for HDI, we heard and listened to various feedback, and have elected to take additional time to consider the details of the ADR recommendations.

Thus, the DNA will take keen interest in any registrar’s or registry’s design and implementation of a copyright ADR, and will monitor its implementation and efficacy before refining its recommendations further.

The copyright proposal had been opposed by the Electronic Frontier Foundation, the Internet Commerce Association and other members of ICANN’s Non-Contracted Parties House.
In a blog post over the weekend, ICA counsel Phil Corwin wrote that he believed the proposal pretty much dead and the issue of using domains to enforce copyright politically untouchable:

While the PRI and DNA statements both leave open the possibility that they might revive development of the Copyright UDRP at some future time, our understanding is that there are no plans to do so. Further, notwithstanding the last sentence of the DNA’s statement, we believe that it is highly unlikely that any individual registrar or registry would advance such a DRP on its own without the protective endorsement of an umbrella trade association, or a multistakeholder organization like ICANN. Ever since the U.S. Congress abandoned the Stop Online Privacy Act (SOPA) in January 2012 after millions of protesting calls and emails flooded Capitol Hill, it has been clear that copyright enforcement is the third rail of Internet policy.

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PIR slams brakes on “UDRP for copyright”

Kevin Murphy, February 24, 2017, Domain Policy

Public Interest Registry has “paused” its plan to allow copyright owners to seize .org domains used for piracy.
In a statement last night, PIR said the plans were being shelved in response to publicly expressed concerns.
The Systemic Copyright Infringement Alternative Dispute Resolution Policy was an in-house development, but had made its way into the Domain Name Association’s recently revealed “healthy practices” document, where it known as Copyright ADRP.
The process was to be modeled on UDRP and similarly priced, with Forum providing arbitration services. The key difference was that instead of trademark infringement in the domain, it dealt with copyright infringement on the associated web site.
PIR general counsel Liz Finberg had told us the standard for losing a domain would be “clear and convincing evidence” of “pervasive and systemic copyright infringement”.
Losers would either have their domain suspended or, like UDRP, seized by the complainant.
The system seemed to be tailor-made to give PIR a way to get thepiratebay.org taken down without violating the owner’s due process rights.
But the the announcement of Copyright ADRP drew an angry response from groups representing domain investors and free speech rights.
The Electronic Frontier Foundation said the system would be captured by the music and movie industries, and compared it to the failed Stop Online Piracy Act (SOPA) in the US.
The Internet Commerce Association warned that privatized take-down policies at registries opened the door for ICANN to be circumvented when IP interests don’t get what they want from the multi-stakeholder process.
I understand that members of ICANN’s Non-Contracted Parties House was on the verge of formally requesting PIR pause the program pending a wider consultation.
Some or all of these concerns appear to have hit home, with PIR issuing the following brief statement last night:

Over the past year, Public Interest Registry has been developing a highly focused policy that addresses systemic, large scale copyright infringement – the ”Systemic Copyright Infringement Alternative Dispute Resolution Policy” or SCDRP.
Given certain concerns that have been recently raised in the public domain, Public Interest Registry is pausing its SCDRP development process to reflect on those concerns and consider forward steps. We will hold any further development of the SCDRP until further notice.

SCDRP was described in general terms in the DNA’s latest Healthy Domains Initiative proposals, but PIR is the only registry to so far publicly express an interest in implementing such a measure.
Copyright ADRP may not be dead yet, but its future does not look bright.

UPDATE: This post was updated 2/26 to clarify that it was only “some members” of the NCPH that were intending to protest the Copyright ADRP.

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Hacked ICANN data for sale on black market

Kevin Murphy, February 22, 2017, Domain Services

If you were a user of ICANN’s Centralized Zone Data Service back in 2014 you may wish to think about changing some passwords today.
ICANN has confirmed that a bunch of user names and hashed passwords that were stolen in November 2014 have turned up for sale on the black market.
The batch reportedly contains credentials for over 8,000 users.
ICANN said yesterday:

ICANN recently became aware that some information obtained in the spear phishing incident we announced in 2014 is being offered for sale on underground forums. Our initial assessment is that it is old data and that no new breach of our systems has occurred. The data accessed in the 2014 incident breach included usernames and hashed passwords for our Centralized Zone Data System (CZDS). Once the theft was discovered, we reset all user passwords, and urged users to do the same for any other accounts where they used the same passwords.

While CZDS users have all presumably already changed their CZDS passwords, if they are still using that same password for a non-CZDS web site they may want to think about changing it.
ICANN first announced the hack back in December 2014.
It said at the time that the Government Advisory Committee’s wiki, and a selection of other less interesting pages, had also been compromised.
The attackers got in after a number of ICANN staffers fell for a spear-phishing attack — a narrowly targeted form of phishing that was specifically aimed at them.
If you email with ICANN staff with any regularity you will have noticed that for the last several months your email subject lines get prefixed [EXTERNAL] before the staffer receives them.
That’s to help avoid this kind of attack being successful again.

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India’s biggest bank switches to dot-brand

Kevin Murphy, February 22, 2017, Domain Registries

State Bank of India has announced plans to migrate all of its web sites to its new dot-brand gTLD.
The company has been responsible for .sbi since it was delegated by ICANN last April, but bank.sbi is its first live domain name.
Currently, while bank.sbi is live and resolving, the old domain sbi.co.in appears to still be its primary address.
However, SBI said “all of the bank’s internet presence… shall soon be migrated to the .sbi gTLD”.
There will be a period of crossover while customers get used to the change, it said in a press release.
The bank said: “a gTLD site like .sbi conveys an assurance to the customer that the site is authorised, genuine and is not an inappropriate or phishing site”.
The move is perhaps significant given that SBI is state-owned, and one might expect some level of nationalism when it comes to domain choice.
But SBI, India’s largest bank with $490 billion in assets under management, is not the first bank to say it plans to use its dot-brand as its primary TLD.
BNP Paribas, the world’s biggest non-Chinese bank, uses .bnpparibas for almost everything, particularly in its native France. It has three domains in the Alexa top 100,000 most-visited web sites.
Others with dot-brands in use include Barclays and Citi.

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Activist investor says eNom was sold too cheap

Kevin Murphy, February 20, 2017, Domain Registries

J Carlo Cannell, the activist investor who has been circling Rightside for the last year or so, was unimpressed with the company’s recent sale of eNom to Tucows.
In a letter published as a Securities and Exchange Commission filing last week, Cannell announced that he has started up a support group for fellow “concerned” investors.
In the distinctly loveless Valentine’s Day missive, Cannell called for Rightside to be acquired, go private or issue a big dividend to investors, and said he intends to campaign to have the board of directors replaced.
On the eNom sale, Cannell wrote that the $76.7 million deal “marks a step in the right direction” for the company, but that he was “not satisfied” with the price or the $4 million legal fees accrued. He wrote:

Conversations with management suggest that the Company took only two months to evaluate and close the transaction. Perhaps if they had been more patient and diligent, shareholders would have enjoyed more than the 0.5x 2016 revenues which they received in this “shotgun sale”.
This price was a fraction of Tucows’ own valuation of 2.6x 2016 estimated revenue. For the two trading sessions following the eNom transaction, NAME traded up 10% while TCX was up 32%, suggesting that investors believe it was a better deal for TCX shareholders than NAME shareholders.

The deal was described at the time by Tucows’ CEO Elliot Noss as an “individual opportunistic transaction”.
Noss later told analysts that the eNom business was floundering, “a flat, potentially even slightly negative-growth business”.
Cannell said last week he has formed Save NAME Group, named after Rightside’s ticker symbol, as a means to exert pressure on the board.
He said it is currently “difficult to justify” the company remaining publicly listed, and that the “sale of the entire company” or a “special and substantial dividend” could help appease shareholders.
He said Rightside agreed last August to let him name a new director, but has dragged its feet approving his suggestion, adding:

SNG intends to become more active and vocal in its efforts to force change at NAME. SNG has compiled a slate of qualified candidates. The names and identity of these candidates shall be disclosed periodically together with other neutral and reliable facts to support the contention of SNG that some or all of the board of NAME needs to be replaced.

Cannell, who owns about 9% of Rightside, first emerged as a critic of the company a year ago.
At that time, he called for the company to ditch its “garbage” new gTLD registries in favor of a focus on its higher-margin eNom business.
He was supported by Uniregistry CEO Frank Schilling, then also a Rightside investor in addition to a competitor.

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Phishing in new gTLDs up 1,000% but .com still the worst

Kevin Murphy, February 20, 2017, Domain Registries

The .com domain is still the runaway leader TLD for phishing, with new gTLDs still being used for a tiny minority of attacks, according to new research.
.com domains accounted for 51% of all phishing in 2016, despite only having 48% of the domains in the “general population”, according to the 2017 Phishing Trends & Intelligence Report
from security outfit PhishLabs.
But new gTLDs accounted for just 2% of attacks, despite separate research showing they have about 8% of the market.
New gTLDs saw a 1,000% increase in attacks on 2015, the report states.
The statistics are based on PhishLabs’ analysis of nearly one million phishing sites discovered over the course of the year and include domains that have been compromised, rather than registered, by attackers.
The company said:

Although the .COM top-level domain (TLD) was associated with more than half of all phishing sites in 2016, new generic TLDs are becoming a more popular option for phishing because they are low cost and can be used to create convincing phishing domains.

There are a few reasons new gTLDs are gaining traction in the phishing ecosystem. For one, some new gTLDs are incredibly cheap to register and may be an inexpensive option for phishers who want to have more control over their infrastructure than they would with a compromised website. Secondly, phishers can use some of the newly developed gTLDs to create websites that appear to be more legitimate to potential victims.

Indeed, the cheapest new gTLDs are among the worst for phishing — .top, .xyz, .online, .club, .website, .link, .space, .site, .win and .support — according to the report.
But the numbers show that new gTLDs are significantly under-represented in phishing attacks.
According to separate research from CENTR, there were 309.4 million domains in existence at the end of 2016, of which about 25 million (8%) were new gTLDs.
Yet PhishLabs reports that new gTLD domains were used for only about 2% of attacks.
CENTR statistics have .com with a 40% share of the global domain market, with PhishLabs saying that .com is used in 51% of attacks.
The difference in the market share statistics between the two sets of research is likely due to the fact that CENTR excludes .tk from its numbers.
Again, because PhishLabs counts hacked sites — in fact it says the “vast majority” were hacked — we should probably exercise caution before attributing blame to registries.
But PhishLabs said in its report:

When we see a TLD that is over-represented among phishing sites compared to the general population, it may be an indication that it is more apt to being used by phishers to maliciously register domains for the purposes of hosting phishing content. Some TLDs that met these criteria in 2016 included .COM, .BR, .CL, .TK, .CF, .ML, and .VE.

By far the worst ccTLD for phishing was Brazil’s .br, with 6% of the total, according to the report.
Also notable were .uk, .ru, .au, .pl, and .in, each with about 2% of the total, PhishLabs said.

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Belgium domains will be registered in Ireland after cloud move

Kevin Murphy, February 20, 2017, Domain Registries

DNS Belgium, operator of .be, has moved its shared registration systems to the cloud, the non-profit said last week.
The registry migrated from a self-hosted system to Amazon Web Services on February 11.
It’s an effort to cut costs, increase efficiency, and free up engineering time currently dedicated to non-core functions such as hardware maintenance, executives said.
“As AWS sees to the hardware, connectivity etc., DNS Belgium can focus on the layers above, such as the software,” general manager Philip Du Bois said in a press release.
Business development manager Lut Goedhuys said that while the system has been moved to the cloud, AWS allows customers to select the data centers where their applications will be stored.
DNS Belgium picked Ireland, she said.

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GoDaddy sold over $1 billion of domains in 2016

Kevin Murphy, February 17, 2017, Domain Registrars

GoDaddy’s domain sales topped $1 billion for the first time last year, CEO Blake Irving told analysts this week.
The milestone was revealed as the registrar reported its fourth-quarter and full-year 2016 earnings late Wednesday.
In the fourth quarter, the company had a net loss of $800,000, compared to a year-ago loss of $500,000, on revenue that was up 14.2% at $485.9 million.
For the year, its loss was $21.9 million, compared to $120.4 million in 2015, on revenue that was up 15% at $1.85 billion.
GoDaddy also breaks out its revenue by segment, showing that domains revenue was up 11.2% at $242.5 million for the fourth quarter and up 11% at $927.8 million for the year.
Domain “bookings” — a somewhat informal measure that gives an indication of cash sales from domain names (as opposed to revenue under GAAP accounting) — surpassed $1 billion for the first time, Irving said.

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Blah blah ICANN blah .africa blah delegated blah blah…

Kevin Murphy, February 15, 2017, Domain Registries

Today blah blah ZA Central Registry blah blah .africa blah delegated blah.
ICANN blah blah root blah. Blah blah ZACR blah nic.africa.
Blah blah five years blah blah contention blah lawsuit blah blah DotConnectAfrica blah. Blah blah Bekele blah IRP blah.
ICANN blah blah Governmental Advisory Committee blah blah blah African Union blah blah blah.
Blah blah Geographic Names Panel blah blah controversy blah blah blah blah lawsuit blah blah blah leg to stand on.


Blah racist blah blah conspiracy blah blah blah… nutty. Blah.
Blah reporting blah damned blah story blah forever blah blah bored blah blah blah blah.
Blah blah blah.

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Nigger.com returned to NAACP after expiration prompts $10,000 auction

Kevin Murphy, February 14, 2017, Gossip

US civil rights group the National Association for the Advancement of Colored People has reclaimed the domain name nigger.com after it expired and went to auction.
The names nigger.org and nigger.net were also affected, but according to Whois records the NAACP restored all three yesterday.
The names had been in pending renewal/delete status for three weeks, during which time the registrant was listed as Perfect Privacy, Web.com’s proxy/privacy provider.
While expired, the .com had been placed (presumably automatically) in a NameJet auction, as first reported by Raymond Hackney at The Domains.
At time of writing, the auction had attracted 72 bids and a high offer of $10,000.
It was a “Wish List Auction”, indicating that the domain’s prior registrant had not yet exhausted all options to have the name restored.
As Hackney noted, if these domains fell into the wrong hands it could have a negative impact on race relations in the US.
But the NAACP, which first got hold of the domains almost 20 years ago, seems to have had a remarkably lackadaisical attitude to them over the last few years.
Not only did it accidentally allow the names to expire, but DomainTools and Archive.org captures show that the associated web sites had been compromised repeatedly since late 2014.
Every capture since late 2014 shows taunting, racist messages from the hackers, at least one of which associated himself with troll group the “Gay Nigger Association of America”.

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