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Six ways ICANN is ballsing up the IANA transition

Kevin Murphy, May 9, 2014, Domain Policy

ICANN has been subjected to its first wave of criticism over its handling to date of the IANA transition process, which will see oversight of the DNS root leave US government hands.
Yesterday was the deadline for comments to be submitted on ICANN’s proposal for a way to handle what some are calling the “sunsetting” of the Department of Commerce’s stewardship of the IANA function.
As DI previously reported, it’s “a proposal for a process to develop a process to develop a proposal”.
ICANN basically proposed a 22-member “Steering Group”, comprised of members of the various ICANN constituencies, that would guide the bottom-up, multistakeholder IANA transition discussion.
The group would ultimately steer the community towards creating a proposal for replacing the US government as IANA’s overseer, which would then be checked and rubber-stamped by Commerce.
As part of ICANN’s initial proposal, a “scoping document” was provided, laying out what in ICANN’s view should and should not be open for discussion.
Dozens of comments were received covering a diverse range of issues related to the make-up of the Steering Group and the range of the scoping document.
Here I’m going to attempt to cover half a dozen key themes that seemed to emerge across multiple commenters.
Note: 1) it’s not a comprehensive overview, 2) I don’t necessarily agree with all of the comments cited below, 3) that most of the links throughout this article are to PDFs.
Registries are apparently not “affected parties”
Given that one of IANA’s key roles (for DI’s purposes, it’s its primary role) is assigning TLDs to registries, you might have expected registries to be classed as “affected parties”.
But they’re not. Bafflingly, only the IAB, IETF, ISOC and NRO — none of which primarily concern themselves with domain names — get that definition in ICANN’s proposal.

Naturally enough, the ccTLD and gTLD operators are not happy about this state of affairs.
The ccNSO, proposing that gTLDs and ccTLDs get two seats each on the Steering Group, wrote:

These organizations, which also participate directly in ICANN’s multistakeholder process, are appropriate and important participants in this transition planning process, but they are not adequate substitutes for registry stakeholders with respect to processing root zone change requests and other functions that uniquely affect TLD registry operators… It is imperative that registry operators sit at the table on equal footing with those organizations and without ICANN intermediation.

The Registries Stakeholder Group of the GNSO concurred, stating:

we feel this list is incomplete as it does not include direct customers of the IANA functions, such as gTLD, nTLD and ccTLD registries, which is incomprehensible and appears to be self-serving of the convener

The GNSO is under-represented
If the registries feel badly treated, they’re not alone.
The Generic Names Supporting Organization comprises seven distinct stakeholder groups: registries, registrars, non-commercial users, non-profits, businesses, ISPs and intellectual property owners.
While there is overlap (registries and registrars often vote en bloc, as do businesses and IP owners), there are at least three camps that rarely fully agree with each other.
The ICANN proposal would provide two seats on the Steering Group between them.
The Intellectual Property Constituency, in its comments, said that each GNSO constituency should get one seat each.
The US Chamber of Commerce asked for at least one seat to be set aside for business interests.
A group of registrars, including most of the big ones, agreed, and put forward a rather more expansive proposal:

Several members of the Registrar Stakeholder Group believe that having two Steering Group representatives for the GNSO will not be sufficient in ensuring that the interests of all GNSO stakeholders are properly reflected. As the GNSO is the largest and most diverse structure within ICANN, we find that a “one size fits all” approach to delegation is not appropriate. Instead, we propose that each SO/AC submit a number of representatives that it believes to be sufficiently representative, but be encouraged to keep the number as small as possible.

The selection process is top-down
Given that this is supposed to be a community-driven process, you’d expect the community to be tasked with picking their representatives on the Steering Group. But that’s not what ICANN proposes.
ICANN instead reckons that membership should be selected by ICANN chair Steve Crocker and GAC chair Heather Dryden from the pool of people who volunteer themselves.
Unsurprisingly, there’s lots of opposition to this. Most groups commenting on this aspect of the proposal said that committee members should be selected by the groups they represent.
The Business Constituency stated:

Appointments to the Steering/Convening Committee should come from constituency groups — not as appointments made by ICANN chair and GAC chair. Nor should any stakeholder group be excluded as a result of consolidating within stakeholder organizations such as the GNSO.

The Center for Democracy and Technology agreed, saying:

The Chairs of ICANN and the GAC should not be the ones to select the Supporting Organization and Advisory Committee representatives; the SO/AC representatives should be selected within their own communities.

Inappropriate framing of the discussion
Many commenters took issue with the way ICANN has configured the discussion, accusing it of acting in the interests of its own self-preservation rather than the stability of the IANA function.
Chiefly, there’s concern that the discussion has been framed in such a way that it assumes ICANN will continue in its role as performer of the IANA functions in more or less the same way as today.
This concern appears to be extremely broad.
The RySG said it was “suspicious” of what appeared to be a “self-interested” framing of the debate:

we feel that it is premature for ICANN staff to assert that ICANN’s role is out of scope. This sentiment is not included in the NTIA announcement and we believe ICANN’s role is an issue that should be left to the bottom-up, multistakeholder process to decide. In particular, we believe whether “structural review of ICANN or its functions” should be included in the scope should be a matter for the community.

The Non-Commercial Stakeholders Group agreed that this should be open for discussion:

ICANN-controlled entities both develop and approve DNS policies and also implements the IANA functions. Only a requirement of the NTIA contract guarantees separation of policy and DNS root zone implementation activities. Because of this, we cannot currently support language in ICANN’s proposed Scoping Document which explicitly rules out any discussion of separating the IANA functions from ICANN. How or whether to separate those activities in lieu of the NTIA contract should be openly discussed.

Google said in its comments:

The role of ICANN’s Board is to oversee all of ICANN’s business and operational actions and to ensure its continued solvency as an organization. As such, the Board has a vested interest in ensuring ICANN’s continued relevancy within the Internet governance ecosystem and arguably has an interest in scoping the process to preserve ICANN’s existing role. While we are confident that ICANN’s Board would not act in a way that would harm the Internet or the IANA functions transition, the presence of a conflict of interest — even if perceived — could impact the overall integrity of the process

The Business Constituency said:

this transition should not presume that the only possible outcome is to award IANA functions to ICANN. It is possible that some other third party could replace the US government role as counterparty.

Accountability is being handled in a separate track
ICANN was initially of the view that its own accountability mechanisms — things designed to prevent capture, allow appeals of decisions etc — were out of scope for the IANA transition discussion.
It’s since backtracked, this week launching a new “Enhancing ICANN Accountability” process that will run in parallel — and be “interdependent and interrelated” — to the IANA transition debate.
If these two discussions are so interdependent, why not just lump them together in the same policy track? It’s surely a recipe for mass confusion to keep them separate.
The NCSG stated in its comments:

We do not support ICANN’s efforts to discuss the IANA transition and accountability mechanisms on separate tracks. Specifically, ICANN’s draft proposal and scoping document might prevent any discussion of options for structurally separating IANA function operations from DNS policy making activities.

The ccNSO seemed resigned to the separation, but noted:

To the extent that ICANN continues to insist on maintaining separate tracks to address each of these issues, it must ensure that the two tracks come together in advance of the transition itself.

The IPC said that the discussions need to be more closely synchronized:

The resolution of these two issues is inextricably intertwined and the processes and mechanism for doing so need to be tightly coordinated; this is impossible if the processes and mechanisms are not being developed at the same time.

There’s far from consensus on this issue, however.
The BC and Google both explicitly support the continued separation of the two tracks, while the International Trademark Association implicitly supported the parallel moves, noting:

We generally would be opposed to any approval of an IANA functions transition plan unless it is accompanied by an acceptable globalization and accountability plan that assures continued ICANN accountability at optimal levels.

Everyone only had 30 days to comment
Given that we’re talking about management of the DNS root here, you’d imagine that ICANN would take it just as if not more seriously than, I dunno, its “Future Meetings Strategy” or how much its directors are paid.
But while these and most other comment periods get 45 too 60 days of public comment, the IANA transition proposal only got 30.
ICANN is evidently in a rush to get things finalized before its next public meeting, scheduled for next month in London, rather than wait until the Los Angeles meeting in October.
Some groups, such as the Governmental Advisory Committee, couldn’t get their act together in time to provide a meaningful response given the tight deadline.
Many others, such as the Registries Stakeholder Group, complained:

it is unacceptable that an issue as critical as the transition of the IANA functions would be allowed only a short public comment period

The IPC stated that the whole timetable is out of whack:

The group is supposed to convene for the first time in London in approximately 6 weeks, yet the concept of a Steering Group is not finalized, much less its composition or how it would be chosen… The Steering Group is also supposed to “finalize the group’s charter” “in the London 50 timeframe.” Charters are critical documents, and they take a number of hours over a number of weeks to be created, much less finalized. How would the group have a draft charter before London that could be finalized in London?

Herding cats
In my opinion, this may be “a proposal for a process to develop a process to develop a proposal”, but it’s also a process to demonstrate the effectiveness and inclusiveness of the process.
Given the parallel focus on internet governance in the non-ICANN world (eg NetMundial), the multistakeholder model itself is under intense scrutiny.
How ICANN responds to this first wave of comments will be crucial.
While there are certainly divergent views (not half of which I’ve covered here) among the various parties, it seems to me that some clear areas of agreement have emerged, even among groups that don’t often see eye to eye.
Will ICANN bow to a clear call for its scoping document to be relaxed — putting its own neck on the chopping block in the process — because the multistakeholder community seems to be asking for it?

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.club on track to topple .guru?

.CLUB Domains sold an additional 4,904 domain names on its second day — its first full day — of general availability, taking it into the top five new gTLD registries by volume.
The zone started today with 30,680 names, compared to sixth-place .email’s 28,127.
I noted yesterday that in order for .club to hit its target of beating leader .guru to the top spot in the first week, .club would have to move something like 4,500 names per day all week.
While today’s numbers are certainly in line with that target, I doubt .club will hit the number one spot by next Thursday.
Growth typically tails off shortly after general availability begins, and weekends are slow days, generally, for domain name registrations.
The best-performing new gTLDs to date generally add a net couple hundred names per day.

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.club tops 25,000 names on day one

The new gTLD .club got to 25,776 domains in its first 10 hours of general availability yesterday.
According to today’s zone file data, that makes it the sixth-largest new gTLD by volume.
It’s the third-best launch day after .berlin and .在线, I believe.
The count does not include any substantial amount of premium or registry-reserved names. Registry CEO Colin Campbell told us yesterday that just 46 names in the zone are owned by the registry.
If .CLUB Domains still expects to beat .guru, which has 54,868 domains today, in its first week it’s going to have to sell something like 4,500 domains every day for the next seven days.
No other new gTLD has anything close to that kind of daily volumes during general availability.

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.club “hits top 10” new gTLDs in minutes

The new .club gTLD went into the top 10 new gTLDs by volume in the “first instants” of general availability this afternoon, according to the registry and partner Go Daddy.
.CLUB Domains CEO Colin Campbell told DI, about two hours after the 1500 UTC GA launch, “We’ll let the zone files speak for themselves, but we were well within the top 10 a few minutes after we opened up.”
Based on today’s zone file data, that means .club moved at least 15,000 names. It will presumably be a somewhat bigger number by the time today’s zones are published at 0100 UTC.
.CLUB CMO Jeff Sass said that pre-registrations at registrars including Go Daddy were responsible for the initial spike.
“We would be in the top 10 based just on those pre-registrations in the first instant,” he said.
While over 50 registrars are signed up to sell .club, the registry is pretty tight with Go Daddy.
The two companies have been conducting joint marketing, some of which involved .CLUB pushing buyers to GoDaddy.club.
“We’ve worked closely on cooperative marketing efforts,” Sass said. “We’ve done a lot of campaigns where the call to action has been to Go Daddy.”
The GA launch, which was briefly webcast live, actually came from Go Daddy’s Arizona headquarters.
While I get the distinct impression that money changed hands in order for Go Daddy to throw its weight behind .club, VP Mike McLaughlin gave some reasons why he likes the gTLD.
“We like to see that the registry is invested,” he said. “That the business plan isn’t just to put it out there and hope for the best.”
Sass said that .CLUB has been marketing to nightclubs, sports clubs, high-end members clubs and others.
McLaughlin said the price point — $14.99 retail, the same as Go Daddy’s .com renewals — and the fact that there are no registration restrictions, were attractive.
.CLUB has reserved over 6,000 premium names. They’re all listed for sale at Sedo, perhaps showing that its relationship with rival auction platform Go Daddy/Afternic is not all that tight.
If you try to register a premium .club via Go Daddy today you’ll be told it’s unavailable.
Sass said that examples of premiums already sold to anchor tenants include shaving.club, which is launching today, as well as beauty.club, makeup.club and skincare.club, which were all sold to Mary Kay Cosmetics and are expected to launch at a later date.
.CLUB has previously predicted that it would beat .guru (currently at 54,616 names) in the first week and that it would sell five million names in the first five years.
The first aspiration seemed, to me, plausible. I’ve had countless arguments about whether the second is too.

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Architelos goes flat-rate with NameSentry pricing

Architelos has introduced flat-rate pricing for its flagship NameSentry abuse detection and mitigation service.
Now, TLD registries will be able to pay $389 a month for the Basic service and $689 for the Enterprise version, regardless of the size of their zones.
Previously, pricing ranged from $249 to $3,999 per month, depending on zone size.
NameSentry scans and collates various malware, spam and phishing URL lists in order to alert registries when domains in their TLDs are being used for different types of online abuse.
The primary difference between the Basic and Enterprise versions is the ability to automate remediation workflow.
NameSentry customers include Donuts and Rightside. Architelos reckons it has 44% of the new gTLD market using the service.

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ICANN split between GNSO and GAC on IGO names

Kevin Murphy, May 7, 2014, Domain Policy

ICANN’s board of directors has refused to choose between the Generic Names Supporting Organization and the Governmental Advisory Committee on the issue of intergovernmental organization protections.
In a resolution last week, the board decided to approve only the parts of the GNSO’s unanimous consensus recommendations that the GAC does not disagree with.
The GNSO said last November that IGOs should not have their acronyms blocked forever at the second level in new gTLDs, going against the GAC consensus view that the acronyms should be “permanently protected”.
The GAC wants IGOs to enjoy a permanent version of the Trademark Claims notifications mechanism, whereas the GNSO thinks they should only get the 90 days enjoyed by trademark owners.
Instead of choosing a side, ICANN passed a resolution last Wednesday requesting “additional time” to reach a decision on these points of difference and said it wants to:

facilitate discussions among the relevant parties to reconcile any remaining differences between the policy recommendations and the GAC advice

The decision is not unexpected. Board member Bruce Tonkin basically revealed the board’s intention to go this way during the Singapore meeting a couple of months ago.
The differences between the GAC and the GNSO are relatively minor now, and the board did approve a large part of the GNSO’s recommendations in its resolution.
IGOs, the Olympics, Red Cross and Red Crescent will all get permanent blocks for their full names (but not acronyms) at the top level and second level in the new gTLD program.
International nongovernmental organizations (INGOs) will also get top-level blocks for their full names and protection in the style of the Trademark Claims service at the second level.
The dispute over acronyms was important because many obscure IGOs, which arguably don’t need protection from cybersquatters, have useful or potentially valuable acronyms that new gTLD registries want to keep.

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Wikipedia to get single-letter .wiki domain

Top Level Design has scored a bit of a coup for its forthcoming .wiki gTLD — Wikimedia Foundation, which runs Wikipedia, has signed up as an anchor tenant.
According to the registry, Wikimedia will use w.wiki as a URL shortener and they’re in talks about other domains.
The company has also applied to ICANN to release hundreds of two-letter language codes that the foundation wants to use for language-specific short links.
The deal is reminiscent of .CO Internet’s launch, when it allocated the now-ubiquitous t.co for Twitter’s in-house URL shortener, giving it a much-needed marketing boost.
The deal for two-letter domains stands only a slim chance of of being ready in time for .wiki’s general availability, scheduled for May 26, in my view.
Under ICANN’s standard Registry Agreement, all two-character strings are blocked, in order to avoid clashes with country codes used in the ccTLD naming schema.
Top Level Design has now used the Registry Services Evaluation Process to try to get 179 two-letter strings, each of which represents a language code, unblocked.
Wikimedia explicitly endorses the proposal, in a letter attached to the March 11 RSEP (pdf)
The organization plans to use domains such as fr.wiki to redirect to French-language Wikipedia pages and so forth.
It remains to be seen whether ICANN will approve the request. It’s previously been envisaged that registries would approach each country individually to have its ccTLD’s matching string released.
Top Level Design points out that the strings it wants unblocked are from the ISO 639-1 language codes list, not the ISO 3166-1 lists from which ccTLD names are drawn.
But it’s a bit of an argument to nowhere — the strings are identical in most cases.
Under the RSEP policy, Top Level Design really should have been given a preliminary determination by now. It filed its request March 11 but it was only posted last week.
The clock, which gives ICANN 15 days to give the nod or not, may have only just started.
After the preliminary determination, there would be a public comment period and a board of directors decision. The timetable for this would not allow .wiki to launch with the two-letter names active.
But even with the delay, it seems that the registry will be coming out of the door with at least one strong anchor tenant, which is something most new gTLDs have so far failed to manage.

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NameCheap gets contract breach notice

ICANN has sent a formal breach notice to top ten registrar NameCheap, saying the company failed to comply with a mandatory audit.
ICANN also claims in the notice (pdf) that the company has failed to keep its web site up to date with pricing information required by policies.
NameCheap, which says it has over three million domains under management, may be the largest registrar to get to the formal, published breach notice stage of the ICANN compliance process.
But it should be noted that while the company is accredited and must comply with its Registrar Accreditation Agreement, it does almost all of its business as an eNom reseller.
Just a handful of domain names are registered under NameCheap’s own IANA number.

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Cowley quits Nominet

Lesley Cowley has unexpectedly quit her job as Nominet’s longstanding CEO.
The .uk registry today announced that she will leave the company July 9, and that the remaining C-suite will manage the company until a replacement is found.
No reason for Cowley’s departure was given, beyond Cowley saying “it is now the right time to move on”.
It’s not known if she has a new gig already lined up. She’s believed to have applied for the ICANN CEO job a couple of times, but that spot isn’t currently vacant.
Cowley has been with Nominet for 15 years and was appointed CEO in 2002.
A small but vocal group of Nominet members has been trying to get her kicked out for the last few years, alleging among other things that she lied to members.
Nominet tells me Cowley’s resignation has nothing to do with that.

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Glitch takes out ICANN’s zone file service

Kevin Murphy, April 30, 2014, Domain Services

A bug which gave elevated privileges to new gTLD registries has taken out ICANN’s Centralized Zone Data Service for the best part of a day.
CZDS is the central clearinghouse for zone file data access requests. All new gTLD registries must participate. DI uses the data provided via the service to calculate registration numbers.
The service was turned off yesterday after registries noticed that they were able to view and approve pending requests made to rival registries and informed ICANN.
The site has been “currently undergoing maintenance” since at least 0200 UTC today. The bug was present from at least 2100 on Monday night, which was when I first heard about it.
ICANN tells me the move to take down the site yesterday was made out of “an abundance of caution” and that its techies are looking at the issue right now.
Talking to a few registries, it seems they were given super-user privileges.
They were able to review requests for zone file access made by users like DI to any new gTLD registry. They would have been able to approve such requests, registries tell me.
The contact information of the requesting party was also visible, they tell me.
I think in most cases this isn’t a big deal. I assume most CZDS users just blanket-request every file from every gTLD registry, but there could hypothetically be edge cases where a sensitive request was exposed.
For the avoidance of confusion, the bug would not have given anyone the ability to edit any zone files. CZDS is just a publishing clearinghouse, it has no functional role in the DNS.
Two other ICANN sites, the Global Domains Division portal and parts of MyICANN, both of which run on the Force.com platform, also currently appear to be down for maintenance, but it’s not currently clear if these issues are related.

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