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ICANN just gave a company a new gTLD for free

Kevin Murphy, September 10, 2015, Domain Policy

The Tor Project Inc, a Massachusetts non-profit software maker, just got a new gTLD reserved for its own exclusive use, by ICANN, for free.
Tor did this without engaging in the ICANN new gTLD program, paying any ICANN application fees, or following any of the rules in the ICANN Applicant Guidebook.
It basically circumvented the entire ICANN process, and it only took six months from asking.
Neat trick, right?
Tor develops the software that creates the Tor “anonymity network” used by people who wish to obfuscate their internet usage (legal or otherwise) by routing their traffic via a series of proxies or relays.
The free software, which plugs into browsers, uses meaningless, hashed “.onion” domains because the routing method is known as “onion routing”.
IANA, an ICANN department, last night placed .onion on its list of Special Use Domains, meaning it cannot be delegated to the DNS.
If anyone were to apply for it today — assuming that were possible — they’d be out of luck. It seems .onion now has the same protected status as .example and .localhost.
The reservation was made at the instruction of the Internet Engineering Task Force, which published a new Internet Draft reserving the .onion gTLD for use with Tor.
An Internet Draft is a “work in progress” standards track document with a six-month shelf life, not yet a finalized Request For Comments (RFC).
This one was written by engineers from Tor and Facebook.
The Internet Engineering Steering Group, the IETF’s coordinating body, approved the draft last week.
Of the 13 IESG members who voted on the document, the first draft of which was published six months ago, five voted “Yes”, seven offered “No Objection” and only one abstained.
The abstainer, Barry Leiba, standards guru at Huawei Technologies, wrote:

I believe the IETF shouldn’t be involved with registering special-use TLDs for things that were used outside of IETF protocols, and should not be wading into territory that belongs to ICANN. I know there are a bunch of other such TLDs that people/organizations would have us snag for them, and I very much want to avoid doing a batch of others.
That said, I well understand the deployed code involved and the importance of keeping things working in this case, and I don’t want to stand in the way. So I’m standing aside with an “Abstain” ballot.

The logic behind the reservation is that if ICANN were to delegate .onion to somebody else (for example, The Onion) there would be a risk that the improved privacy offered by Tor would be compromised.
Voting in favor of the draft, Cisco engineer Alissa Cooper wrote:

Registering this name seems warranted in light of the potential security impact. We need to make our processes work for the Internet, not vice versa.

Another affirmative vote came from Oracle engineer Ben Campbell. He wrote:

This one took some soul searching. But I think the arguments have been made, and that on the whole this registration does more good than harm.

A number of IESG members suggested that the IETF should revisit and possibly amend the RFC in which it originally granted itself the power to reserve gTLDs.
That’s RFC6761, entitled “Special-Use Domain Names”, which dates to February 2013.
RFC6761 lays out a seven-point test that a string must pass before it can be considered “special use” and thereby reserved.
The tests cover whether humans, applications and various types of DNS software are expected to handle the string differently to a regular TLD.
The RFC also notes:

The IETF has responsibility for specifying how the DNS protocol works, and ICANN is responsible for allocating the names made possible by that DNS protocol… Reservation of a Special-Use Domain Name is not a mechanism for circumventing normal domain name registration processes.

I think reasonable people could disagree on whether that’s what has just happened in the case of .onion.
Indeed, there was some discussion on the IETF’s “dnsop” working group mailing list about whether Tor was “squatting” .onion, and whether it was appropriate to reserve its chosen TLD string.
I wonder what kind of precedent this could set.
The Tor Project Inc is a Massachusetts non-profit company. It’s primarily funded by US government grants, according to its 2013 financial statements, the most recent available. It doesn’t sell .onion domains — they’re auto-generated by the software.
Part of the argument in favor of allowing the new Internet Draft is that .onion substantially pre-dates the creation of RFC6761 — it’s not an attempt to game the RFC.
Why wouldn’t that same argument apply to, for example, alternate root operator Name.Space, which has been offering hundreds of pseudo-gTLDs since 1996?
Name.Space could argue that its strings pre-date .onion by eight years, and that the security of its registrants and users could be compromised if ICANN were to delegate them to the DNS.
What about NameCoin, another alternate root provider? It also pre-dates RFC6761 and, like Tor, uses browser software to work around the DNS.
I don’t know enough about the IETF’s processes, to be honest, to say whether it would be forced to apply its .onion logic to these other namespaces. But it’s an interesting question.
And as somebody who has spent the last five years immersed in the minutiae of the rules ICANN has created to govern the allocation of words, it’s jarring to see those rules circumnavigated so completely.

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Who wants ICANN’s $60m gTLD windfall?

Kevin Murphy, September 9, 2015, Domain Policy

ICANN has opened a formal public comment period to move forward discussions on how it should spend the almost $60 million it has so far received in new gTLD auction proceeds.
It’s not yet looking for concrete suggestions on how to spend the money — this is a pre-consultation consultation — it’s only looking for comments on the principles that should be considered when discussions take place.
ICANN has so far raised $58.8 million from “last resort” new gTLD auctions. With 27 contention sets remaining, that number could go up if one or more applicants refuse to participate in private auctions.
The GNSO Council has been moving to create a Cross-Community Working Group to discuss how the money should be spent, but clashed briefly with the ICANN board, which has said it will make the ultimate decision, earlier this year.
The new paper (get it here) basically asks questions along the lines of: who should decide where the money goes? How should conflicts of interest be handled? How much third-party expert opinion should be solicited? How much say should the board have? How much outreach should there be?
Underpinning it all is the implicit problem that the longer, more detailed and more convoluted the process, the less money there will be to actually distribute at the end.
Knowing the ICANN community’s propensity for convolution, I wouldn’t be surprised if it managed to spunk the whole lot on expert advice, working group travel, lawsuits and coffee.
(Okay, I would actually be surprised, but you get my point).
The paper also includes links to about 20 spending suggestions that have been made in various public fora over the last couple of years.
Some ideas include: giving it back to the applicants, funding open source DNS software, reducing the new gTLD application fee, marketing new gTLDs to registrants, and donating it to charity.
It does not appear to be true that ICANN slipped in one of its own management’s suggestions in an attempt to funnel off new gTLD money into the unpopular NetMundial initiative, as has been alleged elsewhere today. The NetMundial suggestion referred to in the paper actually came from Danny Aerts of Swedish ccTLD manager IIS.

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XYZ fighting red tape to serve Chinese customers

Kevin Murphy, September 8, 2015, Domain Registries

XYZ.com is trying to become one of the first non-Chinese gTLD registries to be able to sell unhindered into the Chinese market, in the face of Draconian government regulations.
The company has filed a Registry Services Evaluation Process request with ICANN — the first of its kind — that would let it use a gateway service, based in China, to comply with strict local laws on registries, registrars and registrants.
The Ministry of Industry and Information Technology regulations have been in place for a decade, but it’s only in the last year or so, in light of the new gTLD program, that China has been strictly enforcing them.
Anyone in China can buy a domain, but you need a license if you want to put up a web site, according to Gavin Brown, CTO of .xyz back-end CentralNic. Registrants also need to have their Whois information verified and validated, he said.
The problem for Chinese residents today is if they buy a domain in a TLD that is not licensed by the government, they won’t be able to obtain a license to host a web site on that domain.
The .xyz gTLD is believed to have a few hundred thousand domains registered via Chinese registrars, a substantial portion of its total.
There’s a worry that China could demand the deletion of these names and others, as it has previously in .cn, if the proper licenses have not been obtained.
Naturally, the inability to use these domains has led to a lot of pissed-off registrants. XYZ says has been receiving complaints from its registrars in the country, which in turn have been receiving complaints from their customers.
XYZ proposes to fix the problem by using a gateway service provided by ZDNS, a DNS provider based in mainland China.
Registrars in the country would maintain a separate EPP connection to ZDNS, which would act as a proxy to CentralNic’s UK-based primary EPP system.
ZDNS, which is prominently promoting its gateway service on its web site, would handle the Whois verification and also proxy the .xyz Whois lookup service, but only as it pertains to Chinese registrants and queries originating in China.
Data on non-Chinese registrants would continue to be housed with CentralNic.
ZDNS would also prevent Chinese registrants registering domains containing strings that have been banned by the government.
XYZ’s RSEP request (pdf) is currently undergoing its technical/competition review with ICANN. Assuming it passes, it would be exposed to public comment before being approved.
The RSEP states: “we are confident that the entire Internet user base of China would endorse this service and that Chinese registrars would strongly endorse this service.”
It’s the first such request to ICANN, suggesting that an awful lot of gTLDs are still not compliant with the Chinese regulations.
As of April, only 14 TLDs — all managed by China-based companies — were licensed to operate in China.

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Frakes to lead Moniker

Kevin Murphy, September 7, 2015, Domain Registrars

Domain industry veteran Jothan Frakes has been tapped to take over leadership of troubled US registrar Moniker.
Frakes will take over from CEO Bonnie Wittenburg.
The news emerged during the DomainFest Asia conference in Macau, at which Frakes is a speaker, overnight.
Moniker will be his first CEO gig, but he’s a bit of a jack of all trades in the industry.
Frakes has previously worked for Sedari, Minds + Machines, Oversee.net and Moniker.
He was one of the technical evaluators for the new gTLD program, subcontracted to KPMG.
For the last couple of years he’s been a key figure behind the NamesCon and DomainFest conferences.
It might be a wise hire for Moniker — Frakes is well known and well liked in the domaining community, somewhere Moniker’s reputation has suffered horribly over the last year.
Its market share has been plummeting for years, but matters were exacerbated in June 2014 with a disastrous switch to a new registration platform that was uniformly despised (read these comments) and broke everything.

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Reddit peppers Go Daddy boss with sexism questions

Kevin Murphy, September 4, 2015, Domain Registrars

Go Daddy can’t seem to shake off the legacy of its long-running, sexually suggestive TV advertising.
In an “Ask Me Anything” session on Reddit yesterday, CEO Blake Irving seemed to face more questions about sexism, women in technology and equal opportunities hiring than any other topic.
He made about 70 posts during the session, at least 10 of which related to Go Daddy’s relationship with the equally-fair sex in some way. Some Reddit users wondered aloud whether some such questions had been planted by Go Daddy sock-puppets.
The “best”-rated question on the thread addressed the company’s old TV commercials, which in the early days regularly featured scantily-clad, large-breasted women. Irving said:

The old ads helped GoDaddy build massive brand awareness in the US. They weren’t helpful to our reputation as an egalitarian provider of services though, and they didn’t do enough to tell people what we actually do. One of the first things I did at GoDaddy was pivot the advertising to reflect what we did and who we did it for. When 58% of small businesses in the US are run by women you should reflect the great work they do as small businesses. That’s what we’ve done with our ads over the past two years.

Irving joined Go Daddy in December 2012. Its ads since then have focused less and less on the prurient interest.
Irving also pointed out in one answer than a third of the company’s executive team is female.
He was also asked a number of questions about the new .ski gTLD (he was wearing a branded baseball cap in the AMA’s accompanying photograph).
Go Daddy employees also seemed to be out in force, asking multiple questions about this year’s corporate Christmas party.
When asked about the prospects for new gTLDs versus .com, Irving sat on the fence:

We’re seeing steady increases in awareness and the first instances of big global brands using the names (like abc.xyz and brand TLDs like home.barclays). We expect this to continue to drive new gTLD sales over time. For the foreseeable future, COM will likely remain the most desired name in the US and outside. It’s universally recognizable around the world. Either way, our goal is to provide the best choices available for each customer and the new gTLDs make getting the perfect name for you much more likely.

When asked “Does your burning evil raise your body temperature?”, Iriving replied:

Ummmm …. GoDaddy is an eco-conscious company, so we are firmly against practices that are harmful to the environment, including the use of malevolent forces as a fuel source. But, I do like a good bike ride to get my heart pumping.

The whole AMA can be read here.

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Architelos: shadiest new gTLD is only 10% shady

Kevin Murphy, September 4, 2015, Domain Registries

Disputing the recent Blue Coat report into “shady” new gTLDs, domain security firm Architelos says that the shadiest namespace is just under 10% shady.
That’s a far cry from Blue Coat’s claim earlier this week that nine new gTLDs are 95% to 100% abusive.
Architelos shared with DI a few data points from its NameSentry service today.
NameSentry uses a metric the company calls NQI, for Namespace Quality Index, to rank TLDs by their abuse levels. NQI is basically a normalized count of abusive domains per million registered names.
According to Architelos CEO Alexa Raad, the new gTLD with the highest NQI at the end of June was .work.
Today’s NameSentry data shows that .work has a tad under 6,900 abusive domains — almost all domains found in spam, garnished with just one suspected malware site — which works out to just under 10% of the total number of domains in its zone file.
That number is pretty high — one in 10 is not a figure you want haunting your registry — but it’s a far cry from the 98.2% that Blue Coat published earlier this week.
Looking at the numbers for .science, which has over 324,000 names in its zone and 15,671 dodgy domains in NameSentry, you get a shadiness factor of 4.8%. Again, that’s a light year away from the 99.35% number published by Blue Coat.
Raad also shared data showing that hundreds of .work and .science domains are delisted from abuse feeds every day, suggesting that the registries are engaged in long games of whack-a-mole with spammers.
Blue Coat based its numbers on a sampling of 75 million attempted domain visits by its customers — whether or not they were valid domains.
Architelos, on the other hand, takes raw data feeds from numerous sources (such as SpamHaus and SURBL) and validates that the domains do actually appear in the TLD’s zone. There’s no requirement for the domain to have been visited by a customer.
In my view, that makes the NameSentry numbers a more realistic measurement of how dirty some of these new gTLDs are.

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Two .cpa applicants lose CPE

Kevin Murphy, September 4, 2015, Domain Registries

Two applicants that applied for the gTLD .cpa as a “Community” have lost their Community Priority Evaluations.
The American Institute of Certified Public Accountants scored 11 points out of 16, CPA Australia scored 12.
While relatively high scores for CPE, they both failed to pass the 14-point winning threshold.
The string, which stands for “certified public accountant”, is contested by a total of six applicants, which will now have to fight it out at auction.
Both applicants failed to score any of the four available points on the “nexus” criteria, which require the applicant-defined community to closely match the community described by the string.
In both cases, the CPE panel noted that the applicant wanted to restrict .cpa to members of their organizations, which only represents a subset of CPAs in the world.
The decisions can be found here.
Only two CPEs now remain unresolved — the reevaluation of DotGay’s .gay, and DotMusic’s .music. The status of .med and .kids is currently unknown.

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Blue Coat explains .zip screw-up

Kevin Murphy, September 4, 2015, Domain Tech

Security vendor Blue Coat apparently doesn’t check whether domains are actually domains before it advises customers to block them.
The company yesterday published a blog post that sought to explain why it denounced Google’s unlaunched .zip gTLD as “100% shady” even though the only .zip domain in existence leads to google.com.
Unrepentant, Blue Coat continued to insist that businesses should consider blocking .zip domains, while acknowledging there aren’t any.
It said that its censorware treats anything entered into a browser’s address bar as a URL, so it has been treating file names that end in .zip — the common format for compressed archive files — as if they are .zip domain names. The blog states:

when one of those URLs shows up out on the public Internet, as a real Web request, we in turn treat it as a URL. Funny-looking URLs that don’t resolve tend to get treated as Suspicious — after all, we don’t see any counter-balancing legitimate traffic there.
Further, if a legal domain name gets enough shady-looking traffic — with no counter-evidence of legitimate Web traffic — it’s possible for one of our AI systems to conclude that the behavior isn’t changing, and that it deserves a Suspicious rating in the database. So it gets one.

In other words, Blue Coat has been categorizing Zip file names that somehow find their way into a browser address bar as .zip domain names.
That may sound like a software bug that Blue Coat needs to fix, but it’s still telling people to block Google’s gTLD anyway, writing:

In conclusion, none of the .zip “domains” we see in our traffic logs are requests to registered sites. Nevertheless, we recommend that people block these requests, until valid .zip domains start showing up.

That’s a slight change of position from its original “Businesses should consider blocking traffic that leads to the riskiest TLDs”, but it still strikes me as irresponsible.
The company has still not disclosed the real numbers behind any of the percentages in its report, so we still have no idea whether it was fair to label, for example, Famous Four’s .review as “100% shady”.

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Anger as ICANN’s member flops before board

Kevin Murphy, September 4, 2015, Domain Policy

ICANN’s board of directors came to blows with its key accountability working group this week, over proposals that would give ICANN the community the right to sue ICANN the organization.
An extraordinary three-hour teleconference between the board and the Cross Community Working Group on Enhancing Accountability (CCWG) Wednesday night came across like some kind of weird, Orwellian, passive-aggressive piece of emotional domestic abuse.
The CCWG, a group of volunteers coming from all parts of the ICANN community, has created a set of proposals for improving ICANN’s accountability to the community as part of its transition process away from US government oversight.
The idea is to create sufficient accountability mechanisms so that if in future the entire ICANN board grows goatee beards and turns Eeevil, the community will still be able to hold them to their bylaws commitments.
The CCWG, following the advice of an independent law firm, decided that the best way to do this was to turn ICANN into a membership organization with a “Sole Member”.
This member would be a legal entity run by community members that would have the right under California law to sue ICANN if it ever failed to live up to its bylaws.
For example, if ICANN refused to implement the decisions of an Independent Review Panel, the member could seek to have the ruling enforced by a court.
This is just one of many proposals made by the CCWG currently open for public comment.
Highly unusually for a public comment period, the ICANN board is going to be a commenter in this case. While its comments have not been published yet, it has taken advice from its lawyers at Jones Day that may give an indication of how it is leaning.
Wednesday night’s call was designed to give the board the chance to bring its initial thinking to the CCWG.
Instead, it wound up being almost entirely about the proposed membership model and the board’s statements that while it supported the CCWG’s proposals 100% it also wanted them fundamentally rewritten.
The board wants the idea of a Sole Member model thrown out and replaced with a new arbitration process that would be legally enforceable in California courts.
So, instead of a legal-entity “member” suing ICANN, some as-yet unidentified community entity would take ICANN to arbitration. The decision of the arbitration panel could then be enforced by the courts if ICANN failed to abide by it.
When CCWG members asked who, in the absence of a legal entity, would take ICANN to arbitration and then sue it, the board had no answer. Instead, directors said the CCWG’s legal advisers should talk to Jones Day to hammer out the “technical” details.
Some members claimed that it would be “impossible” to give the community legal standing to sue ICANN without a membership model. Others said that the board’s 11th hour suggested rewrites would make it “impossible” to hit the deadline for a final proposal by the Dublin meeting next month.
At least a third of the 2-hour 47-minute call was wasted as the CCWG struggled to understand the doublespeak the board had brought into the discussion.
Directors continually insisted that they “completely supported” CCWG’s proposals on enforcement “without reservation”, while simultaneously saying the Sole Member model should be thrown out.
Half way through the call, CCWG co-chair Thomas Rickert reflected exasperation among members: “There is obviously difficulty to understand by many on this call how you fully support what we are doing while proposing something which appears like a complete rewrite.”
Shortly thereafter, Chehade responded:

Why don’t we just agree that we are agreeing with you that the community must be able to get enforcement in California courts, that we will ensure that they have the standing to do it without question. And if we are all in agreement that we are in agreement with each other let’s then let the technical people go solve this. If they call come back and tell us that frankly that advice was flawed, then let’s deal with it then in good faith. But that’s what we’re sharing with you.

Directors said that the proposed member model might have unintended consequences, and that the US government may not approve a proposal that overly complicates ICANN’s legal structure.
An hour later, the CCWG was still scratching its head, nerves were beginning to wear, and the tone was getting increasingly testy as the CCWG repeatedly asked the board to explain how it could express support and simultaneously propose an alternative solution.
“There is absolutely no new proposal,” Chehade said, eventually. “We are embracing your proposal and the objectives of the community. Please hear me on this. There is no new proposal.”
He said:

Take your work and break it down: board removal, standing reconsideration, enhancing – getting the IRP back on the track we set, you know, fundamental bylaw, binding arbitration or mechanisms of enforceability. All of the things you have come up with, we are accepting. So when your reaction to our two last hours is that we’re refusing to add any accountability, I don’t know how you come to that frankly…
you yourself in the proposal say that this proposal is not finished, it needs a lot of work. So what we’re saying to you is let’s take this proposal which is not finished and let’s figure out ways to make it real, and real in the next few weeks so we can move forward…
The only area where we are telling you we would like to propose a different mechanism to achieve the same goal is the enforceability.

The whole three hours reminded me of a nightmare-scenario interview where the interviewee has been media-trained up the wazoo and refuses to sway from a set of vaguely scripted talking points.
But which proposal is the right one for ICANN?
Beats me. What does seem quite clear to me is that the board and CCWG are at odds now, despite what ICANN says, and that the expected delivery of a final accountability proposal by Dublin is in serious doubt.
Following the call, ICANN chair Steve Crocker posted a blog post that sought to clarify the board’s position, characterizing it as agreement in principle but disagreement on implementation. He wrote:

We have suggestions on how these [CCWG proposals] could be operationalized. With regards to the mechanisms for community enforceability, where the current proposal still warrants much detail that may not be achievable we have a suggestion on how to deliver on it in a stable way, as increased enforceability must not open up questions of, for example, capture or diminishing of checks and balances.

The Wednesday meeting’s audio, transcript and other notes can all be found here.

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.cam given the nod as Rightside wins confusion appeal

Kevin Murphy, September 4, 2015, Domain Registries

Rightside’s application for .cam will be un-rejected after the company beat Verisign in an appeal against a 2013 String Confusion Objection decision.
That’s right, .cam is officially no longer too confusingly similar to .com.
In a just-published August 26 decision (pdf) a three-person International Centre for Dispute Resolution panel overruled the original SCO panelist’s decision.
The new panel wrote:

Based on the average, reasonable Internet’s user’s experience, and the importance of search engines, in the [Final Review Panel]’s view, confusion, if any, between .COM and .CAM is highly likely to be fleeting. While a fleeting association may create some “possibility of confusion” or evoke an “association in the sense that the string brings another string to mind,” both such reactions are insufficient under the ICANN SCO standard to support a finding that confusion is probable.

It’s not quite as clear-cut a ruling as the .shop versus .通販 ruling last week, relying on the appeals panel essentially just disagreeing with some of the finer points of the original panel’s interpretation of the evidence.
Relating to one piece of evidence, the appeals panel found that the original panelist “improperly shifted the burden of proof” to Rightside to show that .cam was intended for camera-related uses.
Rightside was one of two applicants given the opportunity to appeal its SCO decision by ICANN last year, largely because two other .cam applicants managed to pass their Verisign objections with flying colors, creating obvious inconsistency.
Taryn Naidu, Rightside’s CEO, said in a statement:

We always felt strongly that the first panel’s decision was seriously flawed. How can .CAM in one application be different from the .CAM in another application when evaluated on the basis of string similarity? The fact is, it can’t.

It’s always struck me as unfair that Verisign did not get the chance to appeal the two SCOs it lost, given that the panelist in both cases was the same guy using the same thought processes.
The question now is: is the appeals panel correct?
I suppose we’ll find out after .cam goes on sale and unscrupulous domainers attempt to sell .cam names for inflated prices, hoping their would-be buyers don’t notice the difference.
The other two .cam applicants are AC Webconnecting and Famous Four Media. All three will now go to auction.

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