EasyDNS changes take-down policy after man dies

Canadian registrar EasyDNS has amended its take-down policy after a customer of one of its registrants died of an overdose.
In a frank blog post today, CEO Mark Jeftovic said that the man had died using a “controlled substance” ordered online. The web site in question used a domain registered via EasyDNS.
As a result of the death, and conversations with ICANN and the US Food and Drug Administration, EasyDNS has changed its policy.
It will now turn off any domain used for a pharmacy web site unless the registrant can produce a license permitting it to sell pharmaceuticals in the territories it sells to.
Previously, the company would only turn off a pharmacy-related domain with a court order.
It’s a notable U-turn for the company because Jeftovic is an outspoken critic of unilateral take-down notices.
In January, he referred to the National Association of Boards of Pharmacy as a “batch of clowns” for demanding that EasyDNS and other registrars take down unlicensed pharmacies without court orders.
He also has an ongoing beef with the UK police over its repeated requests for file-sharing and counterfeiting-related domains to be taken down without judicial review.
Jeftovic blogged today:

[I]n one case we have people allegedly pirating Honey Boo Boo reruns and on the other we have people dying. We don’t know where exactly, but the line goes somewhere in between there.
We have always done summary takedowns on net abuse issues, spam, botnets, malware etc. It seems reasonable that a threat to public health or safety that has been credibly vetted fits in the same bucket.
As a private company we feel within our rights to set limits and boundaries on what kinds of business risk we are willing to take on and under what circumstances. Would we tell the US State Department to go to hell if they wanted us to take down ZeroHedge? Absolutely. Do we want to risk criminally indicted by the FDA because of unregulated vicodin imports? Not so much.

You can read his full blog post here.

1 Comment Tagged: easydns, fake pharma, ICANN, takedowns

Reported mass exodus from .com explained

Did Verisign suffer from a massive 2,600% increase in the number of deleted .com domain names this April?
Not quite, although the bizarre spike in deletes may have highlighted an area where the company was previously out of compliance with its ICANN Registry Agreements.
April’s .com registry report, filed with ICANN and published last week, shows 2.4 million domains were deleted, compared to just 108,000 in March and 90,000 in April 2013.

The spike looks surprising, and you may be tempted to think it is in some way related to the arrival of new gTLDs.
But look again. Could .com, a registry with over 116 million domains under management, really only see roughly 100,000 deletes every month? Clearly that number is far too low.
So what’s going on? I asked Verisign.
The company said that it has implemented “voluntary” changes to its reporting of deleted domains, based on the standard new gTLD Registry Agreement, which specifies what must be reported by new gTLD registries.
It said:

Prior to the April 2014 monthly reports, and per the ICANN gTLD registry reporting guidelines, Verisign reported on only deleted domains outside of any grace period.

There are five “grace periods” permitted by ICANN contracts: the Add Grace Period, Renew/Extend Grace Period, Auto-Renew Grace Period, Transfer Grace Period, and Redemption Grace Period.
The familiar Add Grace Period allows registrars to cancel registrations within a week of registration if the registrant made a typo, for example, and asked for a refund.
The Redemption Grace Period covers domains that have expired and do not resolve, but can still be restored for 30 days at the request of the registrant.
According to Verisign, before April, domains that were deleted outside of any of the five grace periods were reported as “deleted-domains-nograce”.
From April, the company is reporting domains only as “deleted-domains-nograce” if they delete outside of the Add Grace Period.
According to my reading of the .com contract, that’s what Verisign should have been doing all along.
The contract, which Verisign and ICANN signed in late 2012, defines “deleted-domains-nograce” only as “domains deleted outside the add grace period”. There’s no mention of other grace periods.
The same definition can be found in the 2006 contract.
It appears to me that Verisign may have been under-reporting its deletes for quite some time.
Verisign said in response that it does not believe it has a compliance issue. A spokesperson said: “[We] voluntarily updated our reporting of deleting domain names so that our reporting is aligned with ICANN’s reporting clarifications for the new gTLDs.”

2 Comments Tagged: .com, deletes, new gTLDs, verisign

Infosys withdraws dot-brand bids

Indian consulting giant Infosys has dropped its bids for two dot-brand new gTLDs.
It withdrew its applications for .infosys and .infy this week, leaving it with no remaining applications.
Both bids were straightforward dot-brands applications with no objections or contention. Both had passed Initial Evaluation and were just awaiting contract signing.
Infosys, which provides business and IT consulting services and outsourcing, is listed on the New York Stock Exchange and had revenue of $8.4 billion in its last reported year.

2 Comments Tagged: dot-brands, infosys, infy, withdrawals

Donuts wins .ltd gTLD contest

Donuts has emerged the victor of the contention set for .ltd, beating six other applicants for the new gTLD.
Dot Registry, NU DOT CO, Afilias and myLTD all withdrew their applications this week, evidently after a private auction.
LTD Registry and C.V. TLDcare withdrew their applications in April and May respectively.
The string is of course an abbreviation for “limited” as in “limited liability company”, used by privately held companies in many companies including the UK.
While bids for comparable TLDs such as .inc, .corp and .gmbh have received criticism from company regulators in the US and Germany, .ltd hasn’t raised as much of a ruckus.
Like all Donuts gTLDs, it looks like .ltd is set to be unrestricted.
I’m not a fan of corporate identifier TLDs. They always strike me as more prone to defensive registrations than other, more descriptive strings.

1 Comment Tagged: .ltd, donuts

Verisign: 41% of new gTLD sites are parked

As much as 41% of domains registered in new gTLDs are parked with pay-per-click advertising, according to research carried out by Verisign.
That works out to over 540,000 domains, judging by the 1.3 million total I have on record from June 29, the day Verisign carried out the survey.
Domains classified as carrying “business” web sites — defined as “a website that shows commercial activity” — accounted for just 3% of the total, according to Verisign.
There are some big caveats, of course, not least of which is .xyz, which tends to skew any surveys based on “registered” names appearing in the zone file. Verisign noted:

XYZ.COM LLC (.xyz) has a high concentration of PPC websites as a result of a campaign that reportedly automatically registered XYZ domains to domain registrants in other TLDs unless they opted out of receiving the free domain name. After registration, these free names forward to a PPC site unless reconfigured by the end user registrant.

On June 29, .xyz had 225,159 domains in its zone file. I estimate somewhat over 200,000 of those names were most likely freebies and most likely parked.
The practice of registry parking, carried out most aggressively by Uniregistry and its affiliate North Sound, also threw off Verisign’s numbers.
Whereas most new gTLD registries reserve their premium names without adding them to the zone files, Uniregistry registers them via North Sound to park and promote them.
Tens of thousands of names have been registered in this way.
Coupled with the .xyz effect, this leads me to conclude that the number of domains registered by real registrants and parked with PPC is probably close to half of Verisign’s number.
That’s still one out of every five domains in new gTLDs, however.
Judging by a chart on Verisign’s blog, .photography appears to have the highest percentage of “business” use among the top 10 new gTLDs so far.
Verisign also found that 10% of the names it scanned redirect to a different domain. It classified these as redirects, rather than according to the content of their final destination.

1 Comment Tagged: .xyz, new gTLDs, uniregistry, usage, verisign, xyz.com

Momentum cancels dot-brand conference

Momentum Events has cancelled its planned new gTLD conference, which was due to take place in Amsterdam next month.
The Digital Strategy & DotOps Congress was designed primarily for potential dot-brand gTLD applicants — with free tickets on offer for eligible companies — but Momentum said there was not enough demand.
A Momentum rep tells me it was looking like fewer than 100 people were going to attend.
“[M]arket response to this event thus far has demonstrated that the use of TLDs by brands is still a developing area and at this time we are just a bit too ahead of the curve,” the company said in an email to participants. “As such and in consideration of your time, we decided to proceed with cancelling this event.”
The conference was to be held at the Crowne Plaza hotel in Amsterdam, Netherlands from September 18 to 19.
Momentum is tentatively thinking about rescheduling the show for the first quarter next year.
It’s not the first new gTLD conference to be cancelled due to the slow uptake of new gTLDs. The third .nxt conference was abandoned twice in 2012 due to lack of demand and delays in the ICANN process.
Unlike the .nxt situation, where some attendees said they did not get refunded for their event passes, Momentum tells me people who had already paid for tickets can be refunded.
They’ll also be offered access to other Momentum conferences — either the rescheduled spring conference or a more imminent brand-oriented show — as an alternative.

9 Comments Tagged: dot-brands, momentum, new gTLDs

Demand Media spins off Rightside

Demand Media has completed the spin-off of its domain name business, Rightside.
Shares in the new company, which will be listed on the Nasdaq stock exchange, went to existing Demand Media shareholders.
Trading under the ticker symbol NAME, Rightside stock started off at $16.77 yesterday morning and is currently trading at around $15.07.
Rightside comprises number two registrar eNom, retail registrar Name.com, new gTLD portfolio registry United TLD (which is branded Rightside), and its share of auction house NameJet.
It is headed by CEO Taryn Naidu and chairman David Panos.
The company also today named its initial board of directors.

Comment Tagged: demand media, enom, name.com, namejet, rightside

Dublin picked for ICANN 54

ICANN had selected Dublin to play host to its 54th public meeting, which will be held in October next year.
According to a blog post from Michele Neylon, CEO of Irish registrar Blacknight, the venue will be the imaginatively named The Convention Centre, Dublin.
The primary sponsor will be INEX, the local internet exchange, he reports.
It will be interesting to see if the Irish government bothers to show up. It’s not a member of the GAC and Neylon has frequently criticized it for taking no interest in ICANN affairs.
The meeting will be held from 18 to 22 October, 2015.
Despite Ireland having only one accredited registrar, Dublin houses the nominal headquarters for a big chunk of the registry side of the industry, largely for tax purposes.
Afilias has been there for over a decade and recently Rightside, the Demand Media spin-off, also relocated its HQ there. A number of smaller new gTLD applicants founded in other countries are also “based” in Dublin.
ICANN still hasn’t named the city for ICANN 53, 2015’s mid-year meeting. I assume it will be in either Asia or Latin America. ICANN 51 is in Los Angeles this October, 52 is in Marrakech next February.
Personally, I’m looking forward to visiting Dublin. Despite what a startling number of you (even people who’ve known me for years!) seem to think, I’m not Irish and I’ve never been to Ireland.

5 Comments Tagged: blacknight, dublin, ICANN, icann 54

Two more years! Chehade stays at ICANN with $100,000 pay raise

ICANN CEO Fadi Chehade has had his contract renewed for an extra two years with a new pay package worth up to $100,000 more than he was previously getting.
The ICANN board of directors last week approved an extension of his contract, which had not been due to expire until July next year, to June 30, 2017.
Effectively immediately, he’ll receive a new salary of $630,000 a year, with a performance-related bonus of up to $270,000 per year. That’s up 12.5% from his original salary of $560,000 and $240,000 bonus.
ICANN described the compensation as “comparable to similar positions”.
Despite the hefty bump, Chehade is still on a smaller package than his immediate predecessor, Rod Beckstrom, who was on a base salary of $750,000 with $195,000 in bonuses.
By renewing his contract a year early, ICANN avoids the kind of leadership speculation that dogged Beckstrom’s final year in the corner office.
“As we noted in the Board resolution, taking this action will help ensure the stability in leadership that is important for ICANN. It also shows the support and confidence that the Board has in Fadi,” ICANN chair Steve Crocker said in a statement.

1 Comment Tagged: ceo, ICANN

Terror victims try to seize five ccTLDs

ICANN is fighting a US court action that could see the ccTLDs of Iran, Syria and Korea being seized by victims of terrorism.
While ICANN has not been sued as such, it’s been named in three “writs of attachment”, which seek to force the organization to hand over control of .ir, .sy, .kp, سور, and ايران.
This audacious attempt to take over three nations’ domains is being attempted by lawyers representing victims of state-sponsored terrorism, reportedly led by Nitsana Darshan-Leitner.
Darshan-Leitner has secured billions of dollars worth of judgments against these states in US courts over the last decade.
But because the states won’t pay up, she’s been getting US courts to seize state-owned US-based assets, such as valuable real estate, instead.
Now her attention has turned to domain names.
The writs against ICANN, issued by a District of Columbia court a month ago, would force ICANN to hand over any assets belonging to Iran, Syria and Korea.
But ICANN says it cannot and should not be made to do so, filing hundreds of pages of court documents yesterday explaining why ccTLDs are not property that can be “attached”.
“Attachment” is a legal term used in the process of transferring assets from debtors to creditors.
In its defense, ICANN argues that allowing the seizure would do nothing less than jeopardize the globally interoperable internet:

First, a ccTLD simply is not “property” subject to attachment. Second, although operating for the benefit of the people of Iran, Syria and North Korea, respectively, the relevant ccTLDs are not “owned” by the defendants or anyone else, for that matter. Third, the .IR, .SY and .KP ccTLDs are not “located” in the District of Columbia or even the United States, and therefore are beyond the reach of Plaintiffs’ Writs of Attachment. Fourth, even if these ccTLDs could be characterized as “property in the United States of the defendants,” this Court would lack jurisdiction over these proceedings, according to the Foreign Sovereign Immunities Act. Fifth, ICANN does not unilaterally have the capability or authority to transfer the .IR, .SY or .KP ccTLDs to Plaintiffs. Finally, a forced transfer of the .IR, .SY and .KP ccTLDs would destroy whatever value may exist in these ccTLDs, would wipe out the hundreds of thousands of second-level domain names registered therein by various individuals, businesses and charitable organizations, and could jeopardize the single, global, interoperable structure the Internet.

“While we sympathize with what plaintiffs may have endured, ICANN’s role in the domain name system has nothing to do with any property of the countries involved,” ICANN general counsel John Jeffrey said in a statement.
In its motions to quash the writs, ICANN describes how it has no contractual relationship and few dealings with the three ccTLD managers in question and how it has received no money from them.
It goes on to describe its relationship to the DNS root zone and the US Department of Commerce
The motion then compares domain names to street addresses and not “property”:

a ccTLD can be thought of as a zip code. That zip code may encompass many different addresses, and those addresses in turn may correspond to certain places on the Internet that people can access, such as websites. But the street address itself is not property, nor is the zip code in which the street address exists…To the extent a ccTLD is capable of a legal definition, it is a collection of technical and administrative services, rather than property

There’s a bunch of US case law that states second-level domain names are not property, which ICANN draws on heavily in its motion.
I’m not going to dwell on the legal issues at stake here too much, but the case is politically, to use an inappropriate word, explosive.
If ICANN were to receive a court order, instructing it to transfer ownership of .ir to Darshan-Leitner’s group, and had no option but to comply, we’re looking at a major international political incident.
Under ICANN’s current IANA arrangement, ICANN-recommended changes to ccTLD management are handled by Verisign, but only with the consent of the US National Telecommunications and Information Administration.
The US Department of Commerce, of which NTIA is a part, would have to give its approval to the transfer of Iran’s ccTLD from an Iranian institution to an Israeli entity.
That, at a time when US-Iranian relations are softening, in light of the new ISIS crisis in Iraq.
It’s a recipe for putting the IANA contract at the center of what can mildly be described as a “political incident” unlike anything the internet has seen to date.
While the US government has a role in ccTLD redelegations today, due to its membership of the DNS root zone triumvirate, it has announced its intent to step away from IANA stewardship.
The NTIA will be replaced, possibly as early as September 2015, by a mechanism that the ICANN community has started to develop.
If we can assume that the US government’s current role may prove to be a buffer between the US courts and potentially devastating forced ccTLD redelegations, it’s not at all clear that the NTIA-replacement mechanism would hold the same kind of political clout.
Would an IANA without US stewardship be more susceptible to crazy US court rulings?
If the US court asserts its authority over the DNS root zone, by ordering the transfer of a ccTLD to a private entity, all ccTLD registries would have a right to be very nervous indeed.
The case also highlights the fact that ICANN is subject to US court jurisdiction — something likely to remain after the IANA stewardship transition — which also makes some nations very nervous.
Rumors have been floating around for a while that ICANN would like to move its headquarters and primary legal structure to Switzerland — it already has an office and a legal presence there — and this case will certainly provide ammunition for those who would like to see such a move happen.

9 Comments Tagged: .ir, .kp, .sy, cctlds, darshan-leitner, ICANN, terrorism