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Over 20 companies fighting for .org contract

Kevin Murphy, March 31, 2016, Domain Registries

More than 20 companies want to take over the back-end registry for the .org gTLD, according to Public Interest Registry.
PIR put the contract, currently held by Afilias, up for bidding with a formal Request For Information in February.
It’s believed to be worth north of $33 million to Afilias per year.
PIR told DI today that it “received more than 20 responses to its RFI for back-end providers from organisations representing 15 countries.”
That represents a substantial chunk of the back-end market, but there are only a handful of registry service providers currently handling zones as big as .org.
.org has about 11 million names under management. Only .com, .net and a few ccTLDs (Germany, China and the UK spring to mind) have zones the same size or larger.
PIR said it would not be making any specific details about the bidders available.
The non-profit says it plans to award the contract by the end of the year.

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“Cheese sandwich” comment blamed for sexual harassment complaint

Kevin Murphy, March 30, 2016, Domain Policy

ICANN’s first formal case of sexual harassment has been closed with no official finding by the Ombudsman.
Ombudsman Chris LaHatte today said he was unable to establish the facts of the alleged incident, which is said to have taken place during a coffee break at the ICANN 55 meeting in Marrkech, March 6.
LaHatte said that the complainant’s decision to publicly name the man she says harassed her had “compromised” his investigation and that the alleged actions of the man “cannot be considered serious”.
It also emerged publicly for the first time that the interaction that led to the complaint was a brief conversation about sandwiches.
LaHatte’s report on the incident says:

The allegation was that she had a relatively brief discussion with a man, which she found derogatory and which she considered was sexual harassment. The description was that he leaned towards her and took her ICANN identification tag. There was a general discussion about the food, and she said that he made the comment, “you can go make me a cheese sandwich”

But the complainant told DI a slightly different version of events that she said is more accurate:

[The man] approached me, pulled at my name tag, examined it and dropped it. A little later, he lifted my name tag and flipped it back and forth, asking me “Where are you from?”, leaned in, lecherously looked at me and then said, “do you know how to make a cheese sandwich?” I was taken aback and responded angrily with “Yes, that is why I came here, to make you cheese sandwiches.” He went on to throw another lecherous look my way and said, “Well, I love veg sandwiches.”

According to LaHatte, the man in question flatly denies that the incident even took place.
The complainant says the incident can be defined as sexual harassment under the UN Convention on the Elimination of all Forms of Discrimination Against Women, Indian law (she is Indian), and the ICANN corporate policy against sexual harassment among its staff.
Neither party is a member of ICANN staff.
LaHatte says in his report that he has not considered jurisdiction or matters of definition, given that he was unable to even establish the facts of the incident.

In this complaint, the matters alleged cannot be considered serious by any standard. If in fact the action and statement were made, it may have been a lapse of good manners and insensitive to gender. Such issues need to be taken in proportion, and best practice is not to debate this in a public forum where the issues are not yet clear…
However any chance of discussing the comments has been compromised by the decision to identify the other party before my investigation could be completed, and for the parties to have had a full opportunity to consider the alternative versions. The other party has been publically named without an opportunity to make any comment or denial of the incident. It is also part of my role as the ombudsman to ensure that standards of procedural fairness are met, and the premature publication regrettably does not meet the standards of natural justice, because the parties have a right to be heard before this occurred.

LaHatte names the complainant (who waived her right to confidentiality) but not the man (who didn’t) in his report.
The man has apparently considered legal action over his public naming.

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Google registrar dumps .com for dot-brand

Kevin Murphy, March 30, 2016, Domain Registrars

Google has started using its primary dot-brand gTLD for its registrar business.
The URL domains.google.com now bounces users to domains.google. The site sells domains from $12 a year with free Whois privacy.
Is this move a big deal for improving new gTLD awareness? I don’t think so.
Anyone visiting any major registrar’s storefront is likely to become aware that new gTLDs exist really rather quickly, regardless of the registrar’s own choice of domain.
A registrar using its dot-brand is not going to work wonders for new gTLD awareness in the general populace.
If Google were to start using .google for any of its non-domain projects, such as search.google, that would be different.
The company was already using registry.google for its registry business’s web site.

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China floats domain crackdown plans

Kevin Murphy, March 30, 2016, Domain Policy

The Chinese government is planning a crackdown on internet domains that could see mass censorship of non-Chinese names.
Draft rules floated for public comment this week are being widely reported as potentially blocking any domain that is not registered via a registry or registrar with a government license.
There are more than 50 provisions in the draft, but Article 37 is the one causing the most concern.
A translation published by Quartz yesterday has it reading like this:

Domain names engaging in network access within the borders shall have services provided by domestic domain name registration service bodies, and domestic domain name registration management bodies shall carry out operational management.
For domain names engaging in network access within the borders, but which are not managed by domestic domain name registration service bodies, Internet access service providers may not provide network access services.

At its worst, it suggests that every domain name not registered entirely through China-approved registries and registrars could be blocked from resolving in China.
You’d need a domain in .cn or a licensed gTLD, registered through a Chinese registrar, to access Chinese internet users, in other words.
But even Chinese locals who follow the issue closely are reportedly saying the regulations are vaguely worded, so it’s not clear exactly what would be blocked.
If you can read Chinese, the draft rules can be downloaded from this page. I’d be interested in hearing your take on them.
The rules also demand that domain name companies prevent domains carrying words deemed harmful from being registered.
There are additional controls on content — bans on porn, “rumor” and basically anything the Chinese government does not like — and registrant identity validation requirements.
The rules appear to be designed to replace the existing 2004 regulations that among other things force registrars and registries to obtain government licenses before the names they sell are allowed to resolve.
Those rules have led to several Western new gTLD registries, including Rightside, Famous Four Media and Minds + Machines, opening up corporate entities in China, in order to tap into the thriving market.
Local entities are of course subject to local laws — and ICANN contracts oblige them to abide by all applicable laws — which opens up the risk of Chinese regulations leaking out into the wider internet.
That almost happened with XYZ.com, which announced and then retracted (or clarified) an apparent plan to globally block domains deemed unsuitable by the Chinese censors.
It is inevitable that the proposals, which are open for public comment until April 25, will be used by US Congressional Republicans as a stick to beat ICANN and fight the imminent transition of IANA away from US government oversight.
High profile GOP politicians including presidential hopeful Ted Cruz have pointed to Chinese censorship as a risk of removing the USG from DNS root zone management.
But this isn’t really an ICANN problem as such. It’s a market forces problem.
Some new gTLD registries are seeing huge sales volume from Chinese registrants, who are trading many thousands of short, meaningless domains like baseball cards at the moment.
DI data shows that Chinese registrars accounted for 18.4 million gTLD domains in November 2015, up by 8.8 million domains in 12 months.
That number is likely to be several millions greater now, given the speculative activity of the last few months.
For registries, fully exploiting this market requires some sort of local presence, which in turn means exposing themselves to the already pretty bad Chinese censorship regime.
They’re going to have to be careful if they want to avoid China using the market to achieve the kind of back-door policy control it would never be able to obtain via ICANN.

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Man in sexual harassment claim considers legal action

Kevin Murphy, March 24, 2016, Domain Policy

The man accused of sexual harassment at an ICANN meeting is considering legal action for defamation.
He’s also filed a counter-complaint with ICANN Ombudsman Chris LaHatte, after his accuser named him on a public mailing list.
That’s according to emails from LaHatte, screen-captured and posted to social media by the woman making the accusations.
LaHatte had previously told the woman that the man could not recall the alleged incident, said to have taken place during ICANN 55 in Marrakech a couple of weeks ago.
The woman says her name tag — at ICANN meetings a rectangle of plastic hanging loosely around the neck on a strap — was “pulled at” while the man made “inappropriate remarks”.
The content of the alleged remarks has not yet been disclosed.
She published her Ombudsman complaint — which names the man — to a public mailing list late last week.
In the new email, LaHatte tells her that naming the man publicly has complicated matters.

The investigation now becomes very difficult. Indeed, he has complained about the naming as being unfair and asked me to undertake a complaint investigation about your action.

The man was entitled to a “fair and impartial investigation”, he said, but “his privacy has been compromised”.

I have been waiting for a response from you about his reaction to the allegations. So he has now complained that he has been named before he had a chance for your response to be considered by me, and for any analysis and report. This is a matter of procedural fairness, and in my view he should have had the opportunity to have your reply. He is therefore considering his response which may include litigation unfortunately.

The complainant says she wants ICANN to create a sexual harassment policy for its participants — she was already talking to LaHatte about this before the alleged incident.
ICANN’s board of directors said in Marrakech it had instructed staff to look into the possibility of such a policy.

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auDA chief Disspain let go after 16 years

Kevin Murphy, March 24, 2016, Domain Registries

Australian ccTLD manager auDA had parted ways with its founding CEO, Chris Disspain.
Disspain had been with auDA since its formation in 2000, spearheading the liberalization of the .au market.
His contract was up for renewal later this year, auDA said, “but the Board agreed new leadership was required to take the organisation forward”.
No further explanation was given, but it seems he’s leaving immediately.
Chief operations and policy officer Jo Lim will be acting CEO while a permanent replacement is found, a process expected to take six months.
auDA’s brief statement can be found here.
Disspain is a long-time ICANN leader, chairing the ccNSO for many years and sitting on the board of directors in one of the two ccNSO seats since 2011.
A vocal and active participant in board interactions with the community, he’s often tipped as a natural successor to current chair Steve Crocker, whose term limit kicks in late 2017.
Losing his job at auDA may make that a little more complicated.

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Debate as accuser names “sexual harasser”

Kevin Murphy, March 22, 2016, Domain Policy

The woman who says she was sexually harassed at the ICANN meeting in Marrakech earlier this month has controversially named the alleged perpetrator on a public mailing list.
She’s also publicly released documents exchanged between herself and the ICANN Ombudsman, with whom she has made a formal complaint.
According to her complaint the man, a longstanding and often vocal member of the ICANN community “approached me, pulled at my name tag, and passed inappropriate remarks.”
“I felt like my space and safety as a young woman in the ICANN community was at stake,” the complaint says.
No allegations of physical contact have been made, and the content of the “inappropriate remarks” has not been disclosed.
I’m not going to name either party here. They’re “the man” and “the woman” for now.
The woman has said on the mailing list in question that she’s waived her right to confidentiality.
I contacted the man for comment at the weekend and have not yet received a reply.
An email from Ombudsman Chris LaHatte, released by the woman, shows that he has spoken to the man.
The man said he could not recall the incident and LaHatte declined to tell him who his accuser was, for confidentiality reasons, the email says.
The release of the documents has sparked discussion on the mailing list and social media about whether publicly naming the man was the most appropriate course of action.
Inevitably, there’s also been some discussion about what constitutes sexual harassment.
The woman said she had already been engaged with LaHatte about the possibility of ICANN creating a sexual harassment policy, and that “this incident pushed me to take forward what had hitherto been a mere academic interest with increased vigour”.
She said in a released email predating Marrakech that during ICANN 54 last year, her first ICANN meeting, “I personally felt as though a few inappropriate remarks were made by certain male co attendees”.
When the woman initially made her allegations at the ICANN public forum, ICANN director Markus Kummer said the board had asked ICANN staff to look at possibly adjusting the longstanding Expected Standards Of Behavior to more specifically address sexual harassment.
“We clearly do not condone improper conduct of any kind such as harassment or otherwise and there should be zero tolerance for it within the community,” he said during the public forum.

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Architelos files bankruptcy after Afilias lawsuit

Kevin Murphy, March 21, 2016, Domain Services

Afilias has managed to bury domain security software provider Architelos, which filed for bankrupcty today.
Architelos filed Chapter 7, which basically means the company will close and its assets will be liquidated to pay off creditors.
Its only major creditor is Afilias, which won a patent lawsuit against it last August.
The jury in the case set damages at $10 million, finding that Architelos had misappropriated Afilias trade secrets, but the trial judge recently indicated her intention of reducing the award to $2 million.
Even that was a bit too rich for the company, which floated the idea of operating NameSentry on a revenue share with Afilias until its debt was paid.
Clearly, that’s no longer going to happen.
Architelos was founded by Alexa Raad in 2011, to exploit the new gTLD opportunity as a consulting and software tools provider.
It made seven figures in its first year, mainly through gTLD application consulting fees, but saw modest adoption of its subsequent security offering, NameSentry.
The flagship service only made $300,000 in revenue, according to court documents. After the August verdict, Architelos’ sales pipeline dried up.
The software and the US patents covering them are the company’s key assets, though Afilias is expected to be awarded at least partial ownership rights of the patents.
The company had about 10 employees at its peak, but has been operating on a skeleton crew of two or three for the last few months.
Architelos said in a blog post that NameSentry customers will be able to continue to use the service in the short term, but what happens to it in future depends on how the bankruptcy court appointed trustee does with it.
Afilias also has an outstanding lawsuit against Architelos and Raad in Canada.

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Famous Four confirms link to AlpNames, mass new gTLD development project

Kevin Murphy, March 21, 2016, Domain Services

New gTLD registry Famous Four Media has confirmed its connections to registrar AlpNames and two other Gibraltar-based companies involved in the mass development of new gTLD domains.
FFM chief legal officer Oliver Smith said that the company shares owners with AlpNames, A Domains Ltd and a company I’d never heard of before called Socium Networks.
“It is fair to say that some of the shareholders in FFM do hold shares in and part fund these companies,” he said in an email.
“FFM is leading Gibraltar’s evolution as a technology hub by engaging with new businesses, offering up our experience, and in some circumstances such as A Domains and Socium Networks, incubating their operations,” he said.
“We engage at this level predominantly because it’s in our interest, and the domain name industries’, to support businesses who share a common purpose in growing the new gTLD market space,” he said.
“FFM has a great working relationship with all three companies, much in the same manner as we have with our other client partners, except that our geographic proximity allows for greater face time and collaboration,” he said.
The link between AlpNames and FFM will not surprise many members of the industry.
AlpNames is FFM’s biggest registrar partner by a long shot, accounting for 75%+ of the registrations in many of of the gTLDs in FFM’s stable.
It consistently prominently advertises FFM’s domains on its storefront with sub-$1 pricing.
What’s perhaps less well known are A Domains and Socium, both of which seem to be involved in bulk-developing hundreds of thousands of domains from FFM’s gTLD portfolio.
As I noted Friday, A Domains owns huge chunks of the .party, .trade and .review zones (to name three), largely long-tail geographic domains.
A UDRP complaint A Domains won last year revealed that the strategy is to algorithmically register domains matching towns and cities of over 30,000 inhabitants then populate the sites with scraped content. For example.
Socium appears to be run by the same person, Chris Cousins, and has the same strategy.
Socium’s web site states: “We have over 100,000 sites currently under management and plans to launch over 1,000,000 more by the third quarter of 2016.”
This triple-play (registry, registrar, registrant) combo seems to be at least partly responsible for the large numbers of domains in FFM’s zone files.
At least a third of .review seems to be owned by A Domains, for example.
All the A Domains names I came across were registered via AlpNames during the early days of general availability when AlpNames was selling names at cost.
It’s not a completely new way for a registry to try to (indirectly) monetize its portfolio.
When .pro was owned by Hostway, a registry subsidiary owned and developed around 43,000 .pro domains matching US zip codes, under a service known as Zip.pro.
That seems to have been a failure, however. When Afilias took over .pro in early 2012 it did not acquire Zip.pro and the domains all expired in August that year.
Employ Media has tried something similar with a partner, the DirectEmployers Association.
The Universe.jobs project, controversial when it launched, saw DirectEmployers register and mass-develop thousands of geographic and industry-focused jobs portals. Universe.jobs appears to still live.

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Schilling, Famous Four rubbish Spamhaus “worst TLD” league

Kevin Murphy, March 17, 2016, Domain Registries

Uniregistry and Famous Four Media have trashed claims by Spamhaus that their gTLDs are are much as 75% spam.
FFM says it is “appalled” by the “wholly inaccurate” claims, while Uniregistry boss Frank Schilling said Spamhaus has “totally jumped the shark here.”
In a statement to DI today, FFM chief legal officer Oliver Smith said the spam-fighting organization’s recently launched World’s Worst TLDs list is “reckless”, adding that the numbers are:

not only wholly inaccurate, but are misleading and, potentially, injurious to the reputation of Famous Four Media and those TLDs it manages. It is particularly worrisome that Spamhaus’s “findings” seem to have been taken as gospel within certain corners of the industry, despite not being proffered with any analytical methodology in support of the same.

The Spamhaus report, which is updated daily, presents the 10 TLDs that are more spam than not.
The rank is based on a percentage of domains seen by Spamhaus that Spamhaus considers to be “bad” — that is, are advertised in spam or carry malware.
Today, Uniregistry’s .diet tops the chart with “74.4% bad domains”, but the scores and ranks can and do shift significantly day by day.
Spamhaus describes its methodology like this:

This list shows the ratio of domains seen by the systems at Spamhaus versus the domains our systems profile as spamming or being used for botnet or malware abuse. This is also not a list that retains a long history, it is a one-month “snapshot” of our current view.

The words “seen by the systems at Spamhaus” are important. If a domain name never crosses Spamhaus’s systems, it isn’t counted as good or bad. The organization is not running the whole zone file against its block-list to check what the empirical numbers are.
In important ways, the Spamhaus report is similar to the discredited Blue Coat report into “shady” TLDs last September, which was challenged by myself and others.
However, in a blog post, Spamhaus said it believes its numbers are reflective of the TLDs as a whole:

In the last 18-years, Spamhaus has built its data gathering systems to have a view of most of the world’s domain traffic. We feel the numbers shown on this list are representative of the actual full totals.

I disagree.
In the case of .diet, for example, if 74% of the full 19,000-domain zone was being used in spam, that would equate to 14,000 “bad” domains.
But the .diet zone is dominated by domains owned by North Sound Names, the Frank Schilling vehicle through which Uniregistry markets its premium names.
NSN snapped up well over 13,000 .diet names at launch, and Schilling said today that NSN owns north of 70% of the .diet zone.
That would mean either Uniregistry is a spammer, or Spamhaus has no visibility into the NSN portfolio and its numbers are way the hell off.
“Spamhaus’ assertion that 74% of the registrations in the .diet space are spam is a numerical impossibility,” Schilling said. “They totally jumped the shark here.”
NSN’s domains don’t send mail, he said.
He added that diet-related products are quite likely to appear in spam, which may help account for Spamhaus’s systems identifying .diet emails as spam. He said:

Spamhaus is a high-minded organization and we applaud their efforts but this report is so factually inaccurate it casts into doubt the validity of everything they release. Spamhaus should be smarter than this and at a minimum consult with registries (our door is open) to gain a better understanding of the subject matter they wrongly profess to be expert in.

Similarly, FFM’s .review gTLD was briefly ranked last week as the “worst” gTLD at 75.1% badness. With 66,000 domains, that would mean almost 50,000 names are spammy.
Yet it appears that roughly 25,000 .review domains are long-tail geo names related to the hotels industry, registered by a Gibraltar company called A Domains Limited, which appears to be run by AlpNames, the registry with close ties to FFM itself.
Again, if Spamhaus’s numbers are accurate, that implies the registrar and/or registry are spamming links to content-free placeholder web sites.
FFM’s Smith says the registry has been using Spamhaus data as part of its internal Registry Abuse Monitoring tool, and that its own findings show significantly less spam. Referring to .review’s 75% score, he said:

This simply does not accord with FFM’s own research, which relies heavily on data made available by Spamhaus. The reality is that, in reviewing registration data for the period 8 February to 8 March 2016, only 4.8% of registered domains have been blacklisted by Spamhaus – further, it is questionable as whether every single such listing is wholly merited. When reviewing equivalent data for the period of 1 January to 8 March 2016 across ALL FFM managed TLDs this rate averages out to a mere 3.2%.

I actually conducted my own research into the claims.
Between March 8 and March 15, I ran the whole .review zone file through the Spamhaus DBL and found 6.9% of the names were flagged as spam.
My methodology did not take account of the fact that Spamhaus retires domains from its DBL after they stop appearing in spam, so it doesn’t present a perfect apples-to-apples comparison with Spamhaus, which bases its scoring on 30 days of data.
All told, it seems Spamhaus is painting a much bleaker picture of the amount of abuse in new gTLDs than is perhaps warranted.
During ICANN meetings last week and in recent blog comments, current and former executives of rival registries seemed happy to characterize new gTLD spam as a Famous Four problem rather than an industry problem.
That, despite the fact that Uniregistry, Minds + Machines and GMO also feature prominently on Spamhaus’s list.
I would say it’s more of a low prices problem.
It’s certainly true that FFM and AlpNames are attracting spammers by selling domains for $0.25 wholesale or free at retail, and that their reputations will suffer as a result.
We saw it with Afilias and .info in the early part of the last decade, we’ve see it with .tk this decade, and we’re seeing it again now.

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