ICANN names its Supreme Court judges

ICANN has finally named the members of the quasi-judicial body that will oversee its highest accountability mechanism.

The names of the 12 members of the Independent Review Process Standing Panel were published by ICANN this afternoon and the International Centre for Dispute Resolution, which manages the IRP, published their resumes.

They’re mainly lawyers and law professors with extensive arbitration experience. There’s one African, and the rest are either North American or European; none are from Asia or Latin America.

The Standing Panel has been a long time coming. It’s been over a decade since ICANN first said it would create one. The jurists were picked by a community committee in January, but ICANN wanted to get them all contracted and up to speed before naming them.

The idea is to streamline IRP, which currently is barely distinguishable from the judicial system when it comes to duration of cases, by allowing ICANN and complainants to select their panel from a known pool of trained, experienced, vetted experts.

The IRP is the final formal appeals mechanism within the ICANN process before lawsuits start flying. There’s been over 20 filed in the last 16 years, and ICANN’s win-to-loss ratio is not great.

Comment Tagged: ICANN, irp, standing panel

Who uses Sunrise nowadays? You might be surprised

Sunrise periods may have been one of the unexpectedly damp squibs of the new gTLD program, but each launching registry is still obliged to run them and they usually attract a hundred or so registrations, some quite surprising.

Amazon’s sunrise periods for .deal and .now closed yesterday, ending with about 160 domains in each, so I thought I’d have a trawl through each zone file to see who’s mad-keen on protecting their trademarks online nowadays.

Excluding registered variants (with and without hyphens, for example), brands under the control of a single parent company, and domains registered to Amazon itself, I’d say there were fewer than 100 actual registrants in each sunrise.

With that in mind, you might expect only the most valuable, most at-risk brands to have participated.

Big tech firms — Meta, Microsoft, Google, Yahoo, Ebay, AOL, Baidu, etc — which are particularly at risk of phishing attacks, have indeed all snapped up names matching some of their famous marks.

Brands that might have a higher risk of counterfeiting, such as fashion and beauty brands like Maison Margiela, L’Occitane, Patagonia, Richard Mille, and Rolex all make an appearance in the zones.

But there are plenty of sunrise registrants whose appearance got me scratching my head.

Perhaps the weirdest registrant is SuperSigns, a sign-maker that appears to operate out of a single location, the size of a typical convenience store, between a Toyota dealership and a Dunkin’ Donuts on a small strip mall in Arizona.

La Famiglia Rana is a brand of ready-made supermarket pasta products that has registered at least three domains in each gTLD during sunrise.

Mars didn’t register mars.now or mars.deal, but its subsidiary did register championpetfoods.now.

CooperVision makes contact lenses and it registered both of its exact matches.

Delsey makes luggage. Danfoss makes electrical components. Nedgia distributes natural gas in Spain. Lechuza makes self-watering plant pots. Invisalign makes dental braces. They all participated in sunrise.

And we all know how mad the Americans are for the sport of polo, which is perhaps why The United States Polo Association chose to snap up uspoloassn.deal before somebody else did.

It’s certainly an eclectic mix, with no readily apparent common theme, but each registrant presumably has its own good reason for buying sunrise matches, even if that reason was simply telling its registrar: “Register everything!”

.now and .deal enter their Early Access Period of general availability today and go to standard pricing at the end of the month.

Comment Tagged: .deal, .now, amazon, sunrise

ICANN gunning for Tencent over abuse claims

ICANN Compliance is taking on one of the world’s largest technology companies over claims that a registrar it owns turns a blind eye to DNS abuse and phishing.

The Org has published a breach of contract notice against a Singapore registrar called Aceville Pte Ltd, which does business as DNSPod and is owned by and shares its headquarters with $86-billion-a-year Chinese tech conglomerate Tencent.

ICANN says that DNSPod essentially has turned a blind eye to recent abuse reports, allowing phishing sites to stay online long after they were reported, and makes life difficult for people trying to report abuse.

It also has failed to upgrade from the Whois protocol to RDAP and failed to migrate its registration data escrow service provider from NCC to DENIC, according to the notice.

According to ICANN, DNSPod received abuse reports about several domains in July and August but failed to take action at all or until ICANN itself got in touch to investigate. Compliance wants to know why.

ICANN adds that the registrar seems to be requiring reporters to create user accounts and use a web form to submit their reports, even after they’ve already used the abuse@ email address.

Stricter rules on DNS abuse came into force on registrars this April. They’re now required to take action on abuse reports.

“Aceville does not appear to have a process in place to promptly, comprehensively, and reasonably investigate and act on reports of DNS Abuse,” the notice reads.

ICANN has given DNSPod until October 11 to answer its questions or risk escalation.

While DNSPod says it has been around for 17 years, it only received its ICANN accreditation in 2020. Since then, it’s grown to almost 200,000 domains under management in gTLDs.

It’s primarily a DNS resolution service provider, saying it hosts over 20 million domains, and does not appear to operate as a retail registrar in the usual sense.

Owner Tencent may not be a household name in the Anglophone world, but it’s the company behind some of China’s leading social media brands, including QQ and WeChat, as well as a formidable force in gaming and one of the world’s richest companies in any sector.

It’s the second huge Chinese tech firm to find itself publicly shamed by ICANN in recent months. Compliance went after Tencent’s primary competitor, Alibaba, on similar grounds in March. Alibaba has since resolved the complaints.

Comment Tagged: abuse, aceville, alibaba, breach, compliance, dns abuse, dnspod, ICANN, tencent

All the one-character .sk domains to be auctioned

SK-NIC, part of Team Internet, says it plans to auction off all 36 single-character .sk domains over the coming months.

The auction plans also include releasing all the 200-odd two-letter domains that match existing ccTLDs, as well as .com.sk and .net.sk, which have all been registry-reserved to date.

The registry said it plans to hold auctions every two months starting on the 15th and running for seven days, starting in November.

There will be a trademark priority phase first, running from October 1 to October 14, in which trademark owners can apply for their matching domain for €300. If successful, the domain will cost them €3,000 ($3,348) or more if a contested mark has to be auctioned.

Opening bids for the regular auctions will start at €1,000 for two-char names, €1,500 for the 26 one-letter domains, and €2,000 for everything else, SK-NIC says.

The domains to be sold — I count 277 — are listed here (pdf). They’re all either one-character or matches for existing TLDs, but sk.sk is not on the list.

.sk is of course the ccTLD for Slovakia, but it’s owned from the UK following CentralNic’s acquisition of SK-NIC and has no local presence requirements. There are over 471,000 registered domains today, according to the registry.

Comment Tagged: .sk, auctions, centralnic, scdn, single-character, sk-nic, team internet

Straggler gTLD signs first ICANN contract for years

One of the outstanding contested gTLDs from the 2012 application round looks set to be delegated finally, after the winning bidder signed its Registry Agreement with ICANN.

Merck Registry Holdings Inc is now the officially contracted registry for .merck, and it appears the intent is to be a dot-brand jointly controlled by two unaffiliated chemical companies of the same name.

An American company and a German company, both called Merck and with common roots that were severed during World War I, now seem set to have equal ownership rights to .merck, after over a decade of legal wrangling.

Both companies applied for .merck, and according to the ICANN process the American one won because the German one withdrew its application.

However, the winning application was amended in 2021 to say that the registry intends to transfer its contract to a newly formed UK company called MM Domain Holdco Ltd.

Company records indicate that this shell firm is a 50:50 joint venture of the two Mercks, with over a million dollars cash in the bank.

It seems that the two firms intend to share the gTLD, and run it as a dot-brand for both of their benefit, which is pretty rare.

7 Comments Tagged: dot-brands, ICANN, merck, new gTLDs

GoDaddy likely to win relaxed .xxx deal

GoDaddy seems set to get a renewed and relaxed .xxx registry contract, after ICANN dismissed the concerns of critics of the deal.

In a much-delayed analysis of submissions to a recent public comment period, Org indicated that it is in favor of GoDaddy, via subsidiary ICM Registry, migrating to a Registry Agreement much more in line with sister gTLDs .porn, .adult and .sex.

That would mean an end to the “sponsored” status of .xxx, removing the largely pointless restrictions and streamlining the registration process, and the dissolution of IFFOR, the nominal sponsor, which was criticized by one commenter as a toothless “gravy train”.

Only nine comments were received, and views were mixed, but where commenters were critical of the proposed deal ICANN has stood firm.

Notably, Org dismissed the idea that a public comment period on a Registry Agreement renewal is an appropriate forum to question whether a signatory to that Registry Agreement has historically complied with its terms.

At least two commenters had raised issues, some of which I have reported, about whether ICM had stuck to promises related to funding IFFOR and whether IFFOR had stuck to promises to issue cash grants to worthy causes.

Commenters also said that ICM has already stopped verifying the identities of registrants in its made-up “sponsored community”, which would have enabled it to more easily tackle repeatedly abusive registrants.

But ICANN doesn’t think that kind of thing — which it files under “Misconceptions, assumptions, and allegations and claims” — is suitable for discussion in Public Comments.

“If there are concerns regarding ICM’s compliance with the .XXX RA, such concerns (if any) should be raised with ICANN Compliance for investigation and are considered outside of the scope of this Public Comment proceeding,” the analysis reads.

There’s also no need to replace ICM’s sponsorship commitments with Public Interest Commitments along the lines of those found in most post-2012 gTLDs, according to the Org analysis.

“ICANN has not identified a need to add further, new obligations for the operation of .XXX or to treat .XXX differently than other adult-themed gTLDs, particularly in light of the similar PICs that the .ADULT, .PORN, and .SEX gTLDs have utilized for approximately the last decade,” it reads.

The .xxx agreement was due to expire in early 2021, but its term has been repeatedly extended as negotiations continued behind the scenes. Likewise, the public comment analysis was originally due to be published in late May but was repeatedly delayed.

It’s now up to ICANN’s board of directors, which has already been briefed on the analysis contents, to approve the renegotiated deal.

5 Comments Tagged: godaddy, ICANN, icm registry, xxx

Tonkin promoted to CEO at auDA

Australian ccTLD overseer auDA has appointed industry veteran Bruce Tonkin to CEO.

It’s an internal promotion; Tonkin has been chief operating officer at auDA since 2018.

He’s replacing Rosemary Sinclair, who intends to leave at the end of the year.

Tonkin was formerly chief strategy officer of Melbourne IT, one of the very first batch of registrars accredited by ICANN a quarter-century ago. It’s now part of Webcentral, though the brand was resurrected a couple years ago.

He also spent nine years on the ICANN board of directors.

1 Comment Tagged: .au, auda

ICANN hires new Ombuds from WIPO

ICANN has named its new Ombuds, who will take over the role vacated by Herb Waye almost a year ago.

She’s Liz Field, a HR specialist who spent most of her career at Amnesty International but most recently has been working for WIPO as an independent outside consultant, according to her LinkedIn.

After almost two decades at Amnesty, Field worked for two years as an anti-harassment coordinator for the UK government’s Foreign, Commonwealth and Development Office.

Field, who says she also speaks French and Spanish, will take over from complaints officer Krista Papac, who has been filling in for Waye since his resignation.

ICANN said that 36 people applied for the job — 22 men and 14 women. The Ombuds Search Committee interviewed five of them and two candidates were interviewed by the full board of directors.

The genders of the applicants is relevant in this case. Some female ICANN community members have previously said they would be reluctant to make gender-related complaints, such as sexual harassment, to a male Ombuds.

ICANN chair Tripti Sinha earlier this week linked the hiring of the new Ombuds to a strengthened anti-harassment policy that the board hopes to shortly introduce. Field seems to have the CV to support such a goal.

The Ombuds role is to hear complaints about unfair treatment and unpleasant behavior in and from the Org and community.

The job occupies a unique position in ICANN’s structure, answering directly to the board rather than the Org’s management hierarchy. Only four people have occupied the role since it was created 20 year ago.

Comment Tagged: ICANN, ombuds

Big twist as ICANN bans new gTLD auctions

ICANN is to ban new gTLD applicants from paying each other off if they apply for the same strings, removing a business model that saw tens of millions of dollars change hands in the 2012 application round.

But, in a twist, applicants will be able to submit second-choice strings along with their main application, allowing them to switch if they find themselves in contention.

While ICANN’s board of directors has yet to pass a resolution on private resolution in forthcoming application rounds, chair Tripti Sinha said in a letter to the GNSO Council (pdf) and blog post that there’s agreement on three principles.

“Private resolution of contention sets will not be permitted during the Next Round,” Sinha told the Council. The idea of permitting joint-venture resolution was also ruled out as impractical and open to gaming.

This of course means that where contention sets do occur, they’ll be resolved with a “last resort” auction where ICANN gets all the cash from the winning bidder.

Funds raised this way in the last round, along with a decade’s worth of investment interest, have been used to replenish ICANN’s reserve fund, to fund the current Grant Program, and may be shortly used to subsidize the Applicant Support Program.

Second, applicants will be able to submit at least one alternate string with their applications, allowing them to avoid a contention set and last resort auction.

This potentially makes the cost of acquiring a gTLD cheaper for the applicant while increasing the number of gTLDs that go live. ICANN might also have to issue fewer refunds for withdrawn applications.

ICANN thinks this measure might make gTLDs more affordable for less well-resourced applicants from the Global South, where ICANN is keen to diversify the industry, although the applicants may not get their first-choice strings.

Applicants would only be able to switch to an alternate string, which they will have to have pre-selected, if doing so would not create a new contention set or make the applicant join a different existing contention set.

They’d also only be able avoid a contention set of exact-match strings, and not sets subsequently created by the String Similarity Review or String Confusion Objection results.

So, to take an example from 2012, any of the seven .hotels applicants would have been able to switch to a second-choice string immediately after Reveal Day, but not after the similarity review placed them in contention with .hoteis.

The third point of agreement from the board is that the last resort auctions should keep the ascending-clock second-price method used for the 2012 round, deciding against lotteries or the Vickrey auction method.

The ascending clock method sees bids filed in rounds until all bidders but one had dropped out. The last applicant standing then pays ICANN the last price offered by the runner-up.

A Vickrey auction would have seen applicants submit their maximum bids at the time of application, not knowing who they were bidding against. Lotteries are legally problematic under California gambling law.

Sinha said the board intends to pass a resolution embodying these three principles “in the coming weeks”.

This is going to create some extra work for the GNSO, as ruling out joint ventures as a means to private resolution goes against community policy recommendations (and the board’s adoption of those recommendations).

The GNSO Council is set to discuss Sinha’s letter at its regular monthly meeting this Thursday.

4 Comments Tagged: auctions, contention, ICANN, new gTLDs, next round

ICANN to “strengthen” harassment rules as it picks another homophobic meeting host

ICANN has revealed it is to “strengthen” its anti-harassment policy, but the announcement came the same day as it picked another public meeting host country where being gay can lead to jail time.

“The Board Anti-Harassment Working Group has recently worked to evaluate and strengthen the ICANN Community Anti-Harassment Policy,” chair Tripti Sinha posted over the weekend. “We do not accept any form of harassment, and we must continually seek opportunities to improve.”

The draft revisions shortly follow the revelations of a sexual harassment legal action by a veteran former staffer, at least the third such instance in the last five years I’m aware of.

The current Community Anti-Harassment Policy is already pretty broad, covering a wide range of protected characteristics (from race to marital status) and behaviors (from groping to dirty jokes).

The proposed revisions will be posted for public comment before ICANN’s Annual General Meeting in Istanbul this November, Sinha wrote.

It’s not illegal to be gay in Türkiye, but it is in Muscat, Oman, where ICANN announced just hours before the anti-harassment post it plans to hold its 2025 AGM.

Men and women can get three years imprisonment for gay sex or “cross-dressing” there, according to the Human Dignity Trust. It’s also technically illegal for unmarried straight couples to share a hotel room, according to the UK government.

While the law in Oman might not be rabidly enforced, it’s understandable that some LGBT members of the ICANN community could be made to feel nervous and adjust their travel plans accordingly — things like traveling with a same-sex partner, hooking up with someone, or having Grindr on your phone might carry additional risk.

Oman is just one of many countries with homophobic laws on the books that ICANN has invited its community members to attend over the years.

Looking back over just the last 10 years of meetings, ICANN has been to Malaysia (in 2022), the UAE, and Morocco (twice), where gay sex acts get you prison time. It’s also been to Singapore (twice) and India, which have since decriminalized homosexuality.

It’s baffling to me that ICANN can lecture its community about “microagressions” and yet also routinely invites its not-insignificant contingent of gay community members to return to the closet for a week, under pain of arrest.

4 Comments Tagged: harassment, ICANN