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New Vegas conference “Davos for Web3 interoperability”

Kevin Murphy, April 3, 2024, Domain Services

Specialist new gTLD consultancy D3 is to hold a two-day conference in Las Vegas at the end of the month it’s describing as the “Davos for Web3 interoperability”.

Imposingly named Dominion, it’s due to take place at the Cesar’s Palace hotel from April 29 to 30. The theme is the interoperability between the traditional domain name system and newer blockchain-based naming systems.

Organizers says it’s invite-only, and limited to about 125 attendees, but an invitation can be requested from the event’s web site.

Keynote speakers include Lily Liu (president of the Solana Foundation) and Fred Gregaard (CEO of the Cardano Foundation) on the blockchain side of things, and Matt Overman of Identity Digital on the domain name side, as well as D3 CEO Fred Hsu.

D3 specializes in arranging gTLD applications for blockchain firms and has five announced clients so far.

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ICANN content policing power grab may be dead

Kevin Murphy, April 3, 2024, Domain Policy

A move by ICANN to grant itself more formal “content policing” powers may be dead, after the community was split on the issue and governments failed to back the move.

The Governmental Advisory Committee yesterday sent comments essentially opposing, for now at least, the idea of ICANN reforming its bylaws to give it more powers over internet content, making it very unlikely that ICANN would be able to get such amendments approved by its community overseers.

The comments came a few days after ICANN extended the deadline for responses to a December 2023 consultation on whether applicants in the next new gTLD round should be able to sign up to so-called Registry Voluntary Commitments that regulate content in their zones.

RVCs would be an appendix to ICANN Registry Agreements which would commit a registry to, for example, ban certain types of registrant or certain types of content from domains in their gTLDs.

They’re basically a rebadged version of the Public Interest Commitments found in RAs from the 2012 round, in which the likes of .sucks agreed to ban cyberbullying and .music agreed to ban piracy.

But they’ve got ICANN’s board and lawyers worried, because the Org’s bylaws specifically ban it from restricting or regulating internet content. They’re worried that the RVCs might not be enforceable and that ICANN may wind up in litigation as a result.

ICANN has therefore proposed a framework (pdf) in which RVCs would be enforced by ICANN only after an agreed-upon third-party auditor or monitor found that a registry was out of compliance.

The board sent out several pages of questions to all of its Supporting Organizations and Advisory Committees in December, asking among other things whether the bylaws needed to be amended to clarify ICANN’s role, but the responses were split along traditional lines.

Registries and registrars were aligned: there’s no need for a bylaws change, because ICANN should not allow RVCs that regulate content into its contracts at all.

“ICANN should maintain its existing bylaws which exclude content from its mission, and allowing any changes to this could be a slippery slope opening ICANN to becoming a broader ‘content police’,” the Registrars Stakeholder Group said in its response, giving this amusing example:

An example of a content restriction is provided in the proposed implementation framework for .backyardchickens (e.g. no rooster-related content). Restricting rooster-related content would require a significant amount of policing, and could even prohibit valuable content that would benefit such a TLD. For example, a backyard hen farmer might want to promote the pedigree lineage of the roosters that helped sire the hens, show pictures of the roosters that were the fathers, etc. All of this could in theory be prohibited,but would also require review and subjective analysis. This would be a very slippery slope for ICANN, and a substantial departure from its mission. Restricting rooster content would then put ICANN in the place of enforcing laws that prohibit backyard roosters, rather than relying upon the competent government authorities charged with overseeing residential animal husbandry.

The Non-Commercial Stakeholders Group was more strident in its tone, even raising the possibility of legal action if ICANN went down the content policing route, saying “the best way for the Board to address content-related PICs and RVCs is to make it clear that it will reject them categorically.” It added:

The prohibition on content regulation in ICANN’s mission is extremely important and very clear. Mission limitations were a critical part of the accountability reforms that were required before ICANN would be released from US government control in 2016… NCSG will mount a legal challenge to any attempt to dilute this part of the mission.

The opposing view was held by the Business Constituency, the Intellectual Property Constituency, and the At-Large Advisory Committee, which is tasked with representing the interests of ordinary internet users.

They all said that ICANN should be able to allow content-related RVCs in registry contracts, but the IPC and BC said that no bylaws amendment is needed because the bylaws already have a carve-out that enables the Org to enforce PICs in its agreements. The ALAC said a bylaws amendment is needed.

“There is a distinction between ICANN regulating, i.e imposing ‘rules and restrictions on’ services and content, versus the registry operator voluntarily proposing and submitting to such rules and restrictions,” the IPC wrote.

“There is also a distinction between ICANN directly enforcing such rules and restrictions on third parties, i.e. registrants, versus ICANN holding a registry operator to compliance with the specifics of a contractual commitment,” it added.

The last community group to submit a response, fashionably late, was the GAC, which filed its response yesterday having reviewed all the other responses submitted so far. The GAC arguably has the loudest voice at ICANN, but its comments were probably the least committed.

The GAC said that ICANN should only go ahead with a bylaws amendment if it has community backing, but that the community currently lacks consensus. It said, “at this stage there are not sufficient elements to justify commencing a fundamental bylaws amendment to explicitly enable the enforcement of content-related restrictions”.

However, the GAC still thinks that RVCs “will continue to serve as tools for addressing GAC concerns pertaining to new gTLD applications during the next round” and that it wants them to be enforceable by ICANN, with consequences for registries found in breach.

The GAC said that it “will continue to explore options to address this important question”.

This all means that ICANN is a long way from getting the community support it would need to push through a bylaws amendment related to content policing. That’s considered one of the “Fundamental Bylaws” and can only be changed with substantial community support.

Such amendments require the backing of the Empowered Community. That’s the entity created in 2016 to oversee ICANN after it severed ties with the US government. It comprises individuals from five groups — the GAC, the GNSO, the ccNSO, the ALAC and the Address Supporting Organization.

For a fundamental bylaws amendment to get over the line, at least three of these groups must approve it and no more than one must object.

With the GNSO, given its divisions, almost certainly unable to gather enough affirmative votes, the GAC seemingly on the fence, and the ASO and ccNSO recusing themselves so far, only the ALAC looks like a clear-cut yes vote on a possible future bylaws amendment.

Perhaps that’s why ICANN chair Tripti Sinha has written to the ASO and ccNSO in the last few days to ask them whether they’d like to think again about ducking out of the consultation, giving them an extra two weeks to submit comments after the original March 31 deadline.

The ccNSO handles policy for country-code domains and the ASO for IP addresses. Both have previously told ICANN that gTLD policy is none of their business, but Sinha has urged them both to chip in anyway, because “the ICANN Bylaws govern us all”.

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Cable company unplugs its dot-brand after acquisition

A Canadian telecommunications company is turning off its dot-brand gTLD after it was acquired and its brand was deprecated.

Shaw Cablesystems has told ICANN it no longer wants .shaw, so could the registry contract kindly be terminated.

The move follows the company’s $26 billion acquisition by rival Rogers Communications, which closed a year ago. Rogers has been winding down the Shaw branding for the last nine months.

But .shaw had never actually been used by Shaw, apart from the mandatory placeholder at nic.shaw, so it was likely circling the self-termination drain anyway even without the acquisition.

Rogers also has two dot-brands — .rogers and .fido — but while it has registered a few .rogers domains over the last six months none of them have any meaningful content or redirects as yet.

The .shaw gTLD was using Identity Digital as its back-end registry services provider, having originally signed up with Afilias.

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Germany crosses 10,000 dot-brand domains milestone

The number of domains registered to Germany-based dot-brand registries crossed the 10,000 mark in the last few weeks, thanks to a handful of enthusiastic registrants.

That’s almost half of all the domains currently showing up in dot-brand zone files, which stands at just over 21,000, according to my database.

German companies have been the most-prolific users of dot-brands, with the financial services company Deutsche Vermögensberatung (DVAG) currently accounting for over 7,500 domains.

As well as having several corporate web sites on .dvag domains, DVAG gives out firstname-lastname.dvag domains to its network of financial advisors, with each domain redirecting to a personalized, template-driven digital business card on dvag.de.

Car-maker Audi, part of Volkswagen, is the second-biggest user, with over 1,700 current .audi domains connecting its network of dealerships and many domains for individual car brands. Its dealers also get template-driven brochureware web sites, but there’s no redirect to a different TLD.

Fellow car-maker BMW and retailer Schwarz Gruppe, owner of the Lidl supermarket chain, are among the other dot-brands with hundreds of domains to their name.

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Founders out as Com Laude gets equity injection

Corporate registrar Com Laude is losing four company founders as part of a new investment from the private equity firm PX3 Partners.

The company said last week that founders Nick Wood and Lorna Gradden will exit the firm, along with Penny Hearn and Andrew Lothian, who founded Demys, which Com Laude acquired in 2018. Wood will stick around to consult for a while.

The privately held, London-based registrar did not disclose the size of the investment or the new ownership structure, but it did say that former investor Vespa Capital is also out.

Com Laude focuses on the corporate market and brand protection services and has over 211,000 gTLD domains under management at the last count.

CEO Glenn Hayward said in a blog post that PX3 was picked for its “deep network of international relationships and experience in helping companies scale and internationalise”.

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PIR’s Diaz to leave domain industry

Kevin Murphy, March 26, 2024, Domain Policy

Public Interest Registry is losing its long-serving policy veep Paul Diaz, who will leave the company and domain industry later this year.

Currently VP of industry affairs, Diaz has been with the .org registry for 12 years, and had 12 years at Network Solutions before that.

A quarter-century in the domain industry should be enough for anyone, and PIR said in a blog post that Diaz “will be retiring from the industry” when he leaves PIR in July.

With his policy role, Diaz has held leadership positions in various ICANN committees, stakeholder groups and working groups over the years.

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Some registrars have already quit ICANN’s Whois experiment

Kevin Murphy, March 26, 2024, Domain Policy

ICANN’s two-year experiment in helping connect Whois users with registrars has grown its pool of participating registrars over the last few months, but it has lost a couple of not-insignificant companies along the way.

The Registration Data Request Service launched in November, promising to provide a hub for people to request the private data in Whois records, which is usually redacted. Monthly usage reports, first published in January, showed 72 registrars had joined the scheme at launch.

That number was up to 77, covering about 55% of all registered gTLD domain names, at the end of February, the latest report shows. Seven more registrars have signed up and two have dropped out.

The newbies include WordPress creator Automattic, which has 1.1 million names, PublicDomainRegistry, which has 4.4 million, Register.it, which has 666,000, and Turkiye’s METUnic, which has 235,000.

The two registrars quitting the project, apparently in January, are Combell (formerly Register.eu), which has 1.3 million domains, and Hong Kong’s Kouming.com, which has 57,000.

The latest data shows that RDRS returns a “registrar not supported” error 32.7% of the time.

The running total of requesters was up by 607 to 2937 in February, ICANN’s data shows. They filed 246 requests in the month for an RDRS total of 754 so far. Intellectual property owners were the main users, followed by law enforcement and security researchers.

There were 64 approved requests — where the registrar handed over the Whois data — to make a to-date total of 133. On 50 occasions requests were turned down because the registrar decided it could not turn over the data due to privacy law. These stats break down to 20% approval and 70% denial.

It took an average of 6.92 days to approve a given request — a steep incline from the 3.89 days in January — and 2.92 to deny one.

The full report, containing much more data, can be read as a PDF here.

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ICANN opens $217 million Grant Program

Kevin Murphy, March 25, 2024, Domain Policy

Ten million bucks of ICANN’s money is up for grabs, starting today.

The Org has opened the application window for the first stage of its Grant Program, which it hopes to eventually see hand out over the $217 million that it raised auctioning off contested gTLDs during the 2012 new gTLD program application round.

In this first phase, up to $10 million will be distributed, in tranches of between $50,000 and $500,000, to projects that align in some way with ICANN’s technical and internet governance missions.

Only registered non-profits are allowed to apply.

The application window is open until May 24, and ICANN expects its board of directors to make its final decision in December, before grant contracts are signed early next year.

Successful applicants are expected to begin their funded projects, which should last no more than two years, within 60 days of receiving the money, so presumably the cash will start actually making a difference about a year from now.

In a blog post, ICANN CEO Sally Costeron urged readers to spread word of the program on social media, specifically naming Facebook, Instagram, LinkedIn, Twitter, and WeChat, which appears to be a platform used primarily in China.

With ICANN occupying a rarefied, occasionally incestuous corner of the internet, there’s obviously a risk of the perception that the money will be doled out primarily to community insiders, but the rules ban anyone who was involved in crafting the program’s rules from participating.

The rules also ban applicants from using ICANN’s accountability mechanisms, such as the Independent Review Process, to challenge adverse grant decisions, and ICANN wants to change its bylaws to also ban third-party non-applicants from using IRP to appeal decisions they don’t like.

Details on the Grant Program can be found here.

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Internet could get one-letter gTLDs (but there’s a catch)

Kevin Murphy, March 21, 2024, Domain Policy

ICANN is set to loosen up its restrictions on single-character gTLDs in the 2026 application round, according to draft Applicant Guidebook language.

But the exemption to the usual rule applies only to gTLDs written in one script — Han, which is used in Chinese, Japanese and Korean.

Applied-for Latin-script strings must be three characters and over (because two-letter strings are reserved for ccTLDs) and internationalized domain names in other, non-Han scripts have a minimum of two characters.

The exemption for Han is being put in place because it’s an ideographic script, where a single character can have a meaning that other, alphabetic scripts would require an entire string to express. Google tells me the Chinese for “water” is 水, for example.

The 2012 gTLD application round did not feature the Han carve-out, and no IDN gTLDs currently in the DNS have fewer than two characters.

The draft rules governing IDNs are expected to be part of the next batch of AGB components that ICANN releases for public comment. The comment period on the first batch ended this week with no particularly controversial issues emerging.

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.ai registry fights deadbeats with tweaked auction rules

Kevin Murphy, March 21, 2024, Domain Registries

With too many auction winners failing to hand over the loot, the .ai registry has changed its auction terms to make being a deadbeat more expensive.

The registry has increased its deposit requirement from 2% to 5% for bidders considered “high risk”, which basically means new customers, or $100, whichever is higher. The deposit is forfeit if the buyer fails to pay.

The move comes because too many winners are currently failing to pay. On Twitter, registry manager Vince Cate wrote yesterday:

On http://auction.whois.ai we have had too many cases of people not paying for domains they bid for so we are increasing the deposit requirement to 5% and the non-payment fee to 5% effective immediately.

The registry conducts monthly auctions of expired inventory on its own platform using park.io software and is mirrored at Dynadot. The highest-interest names regularly attract five-figure bids, due to the increasing popularity of artificial intelligence.

Sometimes, the same names show up in consecutive auctions because the previous winner didn’t pay up. In January, for example, dog.ai and insure.ai, which had both attracted bids over $20,000, returned to auction.

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