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.web hit by second ICANN complaint

Altanovo Domains, the Afilias spin-off that is fighting Verisign for control of the .web gTLD, has filed a second Independent Review Process complaint with ICANN.

The filing could add years to Verisign’s launch runway for .web, which it won via secret proxy Nu Dot Co at auction in 2016.

ICANN has not yet published the IRP complaint — presumably it’s being redacted to remove commercially confidential information — but documentation shows Altanovo has “filed” an IRP.

Altanovo and ICANN has been in a Cooperative Engagement Process — a form of negotiation designed to avoid an IRP — since May 3, but a document published July 19 shows that the CEP is now over.

It was quite a brisk process. Other CEPs have been known to last many months.

When the CEP first emerged in May, Verisign was pretty brutal in its reaction, accusing Altanovo of “delay for delay’s sake”.

As the second-place bidder, Altanovo could stand to take control of .web if Verisign’s bid was found to be outside the rules. That was the focus of the first IRP case, which lasted almost four years.

The first IRP panel ruled that ICANN broke its bylaws by failing to consider whether Verisign secretly bidding via NDC broke the new gTLD program rules. But ICANN a couple months ago finally bit the bullet and ruled that Verisign did no wrong.

ICANN decided not to rule on whether Altanovo, then Afilias, broke the auction rules by communicating with NDC during a comms blackout period.

The specific allegations in the new IRP are not yet known. The IRP is only for complaints about ICANN’s actions or inaction breaking its own bylaws and other foundational documents.

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Registrar linked to defunct social network terminated

ICANN has terminated a registrar for not paying its fees and other infractions.

ICANN Compliance, in a termination notice effective August 10, said that US-based, Indian-operated Nimzo 98 had failed to provide a Whois service and escrow its registration data.

These secondary breaches seem to be side effects of the fact that the company is no longer operating. It’s been ghosting Compliance since December, according to the notice.

Nimzo, as I blogged in May, seems to have been the in-house registrar of a short-lived social network project name Houm, which offered users a domain name as part of the service bundle.

It peaked at about 21,000 names before it abruptly deleted them all, last October, registry transaction reports show.

At the last count, this March, it had just 270 names under management. ICANN will trigger its De-Accredited Registrar Transition Procedure to move whatever remains today into safer hands.

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Three candidates stand for Nominet board

Kevin Murphy, July 26, 2023, Domain Policy

Nominet has revealed the three candidates who will stand for election for a non-executive directorship on its board this year.

The candidates are Thomas Rickert, David Thornton and Steve Wright.

German lawyer Rickert is a familiar face in ICANN policy-making circles, currently as a representative of the ISPs constituency on the GNSO Council. He’s head of domains policy at German trade group eco.

Domain investor Thornton, has been on the Nomninet board as a NED before. He stood for reelection in 2021 but received less than 6% of the first-round votes and was beaten by Simon Blackler and Ashley La Bolle.

Wright is COO of hosting company Redcentric, which he joined earlier this year after it acquired his own hosting firm, according to his socials.

Their candidate statements are hidden behind a Nominet membership paywall.

Nominet said two other candidates were nominated but one pulled out — presumably incumbent Phil Buckingham, who has left for personal reasons — and other other failed to provide enough information for Nominet’s security screening.

“As Nominet is entrusted with managing critical internet infrastructure, these checks are important and all directors who join the company are asked to complete them,” the company said.

Candidates do not have to be members, but they do have to be nominated by two members to be eligible. The ballot, in which members get a number of votes dependent on how many domains they manage, will be held in September.

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Next round of gTLDs could come much sooner than expected

Kevin Murphy, July 24, 2023, Domain Policy

ICANN’s next new gTLDs application round may be closer than we thought, after a policy working group dramatically reduced the timetable for completing its work.

The Internationalized Domain Names Expedited Policy Development Process team has managed to shave a whopping 13 months off its schedule, potentially leading to a similar period being shaved off the runway to the next application window.

The IDNs EPDP had expected to deliver its final deliverables — policy recommendations on how IDNs are handled in gTLD applications — in November 2025, meaning the earliest they could be adopted by the ICANN board would be March 2026.

Because the IDNs policy is seen as a critical gating factor to the next round commencing, the date ICANN penciled in for the next application window was May 2026.

But now the IDNs EPDP group has revised its deadline down to October 2024, member Donna Austin told the GNSO Council last Thursday. This could mean the board could approve its work in early 2025.

The new target means that IDNs are no longer the biggest delaying factor on the critical path to the next window — that honor now falls on the “closed generics” problem, which a “small team” of the GNSO and Governmental Advisory Committee have been working on in private all year.

The latest thinking on closed generics is that another EPDP would be formed with an estimated run-time of 96 weeks (22 months) — a mid-2025 end date, in other words.

But there are even question marks over that optimal timeline now, following a less than supportive informal public comment period that closed last week. The closed generics small team has apparently taken a week off to ask itself some fundamental questions.

One possibility that has been suggested to speed things up is to take closed generics out of the critical path by retaining the current de facto ban for the next round.

If that were to happen, we could be looking at an application window in 2025.

But nobody ever won money betting on ICANN hitting deadlines, so take this speculation with a pinch of salt big enough to give an elephant hypertension.

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Registering .cv domains might become easier

The ccTLD for Cape Verde has a new technical manager and might be about to liberalize and standardize its registration process to make it more accessible to foreign registrants.

ARME, the local government regulator and .cv’s sponsor, said it has signed a five-year-contract with WhoGoHost, a Nigerian hosting company and ICANN-accredited registrar, to manage the TLD.

From the announcement, machine-translated from Portuguese, it appears that WhoGoHost will migrate .cv to a new registration system and manage the domain as part of the government’s digital globalization strategy.

CV of course stands for “curriculum vitae” in Anglophone countries, so there could be a market for .cv domains elsewhere in the world.

.cv domains currently cost the Cape Verdean Escudo equivalent of about $10 a year from the current registry, but registrars selling internationally typically charge over $150 due to it being a largely manual process.

The registry and registrars say that the TLD is currently limited to trademark owners. The registration process can take days to months. It’s believed to have only a few thousand domains under management.

The smart thing to do, to increase visibility and accessibility internationally, would be to dump the reg restrictions and switch to a standardized EPP back-end, enabling registrars to plug in relatively simply.

Cape Verde is a former Portuguese island colony off the coast of West Africa. It has a population of about half a million.

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Musk prematurely announces Twitter is now X

Kevin Murphy, July 24, 2023, Gossip

Elon Musk has declared that Twitter is rebranding as X, using x.com, apparently as the latest stage of his ongoing mission to destroy the company he acquired last year for lulz.

At 1744 UTC yesterday, Musk tweeted:

The logo on the Twitter web site has now changed to a minimalist X, which was later projected onto the walls of Twitter headquarters in San Francisco.

For me, and others around the world, x.com still resolves to a standard GoDaddy parking page, advertising sofas. Others have reported experiencing the redirect to twitter.com as intended.

It can theoretically take a day or more for name server changes to propagate throughout the entire DNS, due to caching and time-to-live settings, but in my experience with GoDaddy it has never taken more than a few minutes.

Still, it would be smart to make sure your new domain is actually working before announcing a rebranding.

Musk first owned x.com — one of a handful of single-letter .com names available — in the 1990s, when it was the original brand of the company that became PayPal. After he sold PayPal, the domain went with the company to eBay. But Musk reacquired the domain for an undisclosed sum in 2017.

He seems to have an obsession with the letter. His space flight company is called SpaceX. Tesla has a model X. He even named his kid X.

I’m reminded of another eccentric tech entrepreneur who obsessed over a single-letter domain, to the extent that it ultimately harmed his company.

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Nominet admits membership fees mistake

Nominet has told DI it made an honest mistake when it made claims about its historical membership fees, after a pressure campaign accused the .uk registry of “misleading” its members.

The company is currently holding a public consultation on sweeping revisions to its Articles of Association, but the WeightedVoting.uk campaign, led by lawyer Jim Davies, reckons that Nominet has been violating its current Articles for years.

WeightedVoting supporters believe Nominet has been unlawfully receiving millions of pounds of membership fees for the last 25 years. This week, Davies accused the company’s leadership of either being ignorant of Nominet’s own history or “deliberately misleading” members by claiming it “has always had a flat membership fee for all Members”.

Today, about 2,500 members pay a £500 joining fee and annual renewals of £100. Their voting rights are calculated based on how many domains under management they have, using a formula so complex even Nominet sometimes gets it wrong.

The system, while it caps the amount of influence any one member may have, means that the larger registrars such as GoDaddy and Tucows have more votes when it comes to things like electing directors.

Last year, Davies, with the backing of a KC and other members, claimed that this system was not envisaged under Nominet’s Articles of Association, which date back to 1996, and that collecting a flat membership fee was therefore illegal, which Nominet has denied.

WeightedVoting claims Nominet is instead supposed to have a tiered membership system where members get more votes by paying higher membership fees. An archived page from Nominet’s web site seems to support this, but Nominet chair Andy Green allegedly told members recently that this system was never actually implememnted.

“Tiered subscriptions were clearly intended by those who established Nominet and that is reflected in the Articles,” Davies wrote yesterday. “Those Articles have not been followed since 1997. Nominet is breaking the law by doing so. It also has no power to charge subscriptions at present”

Now Davies says members have found an old Usenet* post from 1996 in which a member of the fledgling registry explains how his company, pioneering dial-up ISP Demon Internet, had just paid the maximum £5,000 for 10 votes.

Presented with this new evidence, a Nominet spokesperson told DI:

Members pointed out that we made a mistake in a document supporting the consultation to update our articles of association, as we bring them in line with current practice.

We initially believed that tiered membership fees had never been implemented by Nominet. It has been our long-standing practice to charge a flat fee for all members regardless of their size. Having been made aware that some members paid more in the very early days – from incorporation in 1996 to 1997 – we are correcting the document. Our data retention policies mean that we do not have records of invoices from so long ago. This was an error, and not an attempt to mislead anybody.

We recognise our articles of association are complex and in need of updating, hence the very process to get members involved in this consultation.

Iain Mitchell KC, who wrote a legal opinion for WeightedVoting, reckons Nominet could be on the hook for £1.5 million if it is forced to refund fees, with statutes of limitations limiting liability to the last six years.

(*For the kids… Usenet is a decentralized system of text discussion groups that was popular in the 1980s and 1990s. Think Reddit, but made of glowing green text on monochrome Unix terminals like in The Matrix or something. It still exists, but the learning curve required to use it probably isn’t worth the effort.)

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Government to regulate UK-related domain names

Kevin Murphy, July 20, 2023, Domain Policy

The UK government is to trigger a law that would allow it to take control of .uk, .wales, .cymru, .scot and .london if their registries get thoroughly abused and they fail to do anything about it.

The Department for Science, Innovation and Technology said today it is to activate (or “commence”) the parts of the Digital Economy Act of 2010 that give it the power to appoint a new manager for any “UK-related” TLDs.

DSIT would only be able to exercise these powers if the registry in question had let DNS abuse or cybersquatting run amok and failed to follow government orders to fix it. I don’t believe any of the affected registries are currently in such a state.

The government has now launched a consultation, running until the end of August, to get industry and public feedback on its definitions of abuse and what it called “unfair domain use”, meaning cybersquatting.

Nominet, which runs .uk, .wales and .cymru, said in a statement:

The proposed prescribed requirements are consistent with Nominet’s current voluntary procedures, which Government has made clear it believes Nominet operates in a perfectly satisfactory manner. As the Government has had a reserve power to “step in” ever since the DEA was introduced, the purpose of the new provisions is to give Government a formal mechanism to do so, should it ever be required. Our understanding is that Government is enacting these provisions now to ensure the UK meets international best practice on governance of country code top-level domains in line with key global trading partners and future global trading commitments.

Based on my first read, I expect registries and registrars will think it looks generally pretty palatable. It seems DSIT has followed ICANN and the industry’s lead in terms of what qualifies as abuse, and Nominet said in a statement tonight that all three affected registries have been meeting with DSIT to craft the consultation.

Domain investors may take issue with the precise wording of the cybersquatting definition, however.

The definitions of abuse cover the industry standard five bases: malware, phishing, botnets, pharming and spam (insofar as it facilitates any of the other four) and cybersquatting is defined thus:

the pre-emptive, bad faith registration of trade marks as domain names by third parties who do not possess rights in such names. This includes ‘typosquatting’, when an end user takes advantage of common misspellings made by Internet users who are looking for a particular site or a particular provider of goods or services, in order to obtain some benefit.

Domainers will notice the document talks about “bad faith registration”, whereas UDRP talks about bad faith “registration and use”, which is sometimes an important edge-case distinction in cybersquatting disputes. Nominet’s DRS uses bad faith registration “or” use.

Where the consultation gets vague, and the potential for debate arises, is when it talks in general, high-level terms about how dispute resolution procedures should be designed.

Failure to deal with child sexual abuse material, as defined in the Convention on the Rights of the Child, in an affected TLD could also result in the government appointing a new registry.

The four gTLDs affected by the legislation all are considered geographic under ICANN rules and had to secure local government support when they applied for their strings. ICANN has a contractual right to terminate them if that government says so.

After the consultation is complete, DSIT intends to make its definitions law through secondary legislation.

This post was updated shortly after publication to add Nominet comments.

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Domainer objects to Epik’s acquisition over Masterbucks collapse

A Los Angeles film production company and its domainer CEO have objected to Epik’s request to transfer its ICANN accreditation from the discredited former registrar Epik Inc to mystery new registrar Epik LLC.

Todd Ryan, CEO of American Business Capital Corporation and a domain investor, has written to ICANN to say that the transfer should be blocked until “all outstanding debts” are paid.

He’s particularly concerned with customers that may have been left out of pocket by Masterbucks, the payments service that has been described as a PayPal clone or simply a jumped-up Epik store credit system.

“The financial losses incurred by customers who utilized Masterbucks, a payment method provided by Epik registrar, are a matter of significant importance,” Ryan wrote.

“It is crucial that ICANN, as the governing body responsible for overseeing the domain registration industry, takes decisive action to ensure that all debts owed to these affected customers are satisfactorily resolved prior to any transfer of registrar accreditation,” he wrote.

Masterbucks was at the center of the old Epik’s financial mismanagement woes, with domainers beginning to complain that they couldn’t withdraw their funds almost a year ago.

Ryan says he’s a member of ICANN’s Business Constituency but does not say in his letter whether he’s owed money.

It’s not clear who currently owns the Masterbucks liabilities. The service was not believed to be part of the deal that saw the Epik registrar acquired from the Inc to the LLC last month.

ICANN’s head of compliance has written that it could take months for the Epik accreditation transfer to be approved (or otherwise).

Ryan also demands that ICANN disclose the identity of Epik LLC’s owners, which is still a bit of a mystery.

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Freenom is losing another ccTLD after collecting military emails

Controversial free domains provider is reportedly losing its contract to manage Mali’s ccTLD, its second loss in as many months.

The Financial Times quoted Freenom CEO Joost Zuurbier as saying a 10-year-deal with Mali’s government to run .ml was due to expire yesterday. I reported last month that the deal looked like it was ending.

Gabon has also cancelled its contract with Freenom, saying it was bringing the country into disrepute due to the high levels of spam and abuse associated with .ga domains.

And now it seems that along with running a stable of spam-friendly ccTLDs for a decade, Freenom has also vacuumed up over a hundred thousand emails destined for the US military, which uses the highly restricted .mil TLD.

Zuurbier told the FT that he set up email accounts at navy.ml and army.ml domains shortly after taking over .ml in 2013, and quickly started receiving emails intended for American military personnel, before shutting the accounts down.

While he said nothing was marked confidential, the extensive list of documents he reportedly received, according to the FT, appears to frequently include things you wouldn’t want your enemy to read, such as medical data and financial records.

Now that .ml is reverting to Mali government control, there’s a risk this kind of information could fall into enemy hands, the FT reported. Mali is allied to Russia, which at this point in history is no friend of the US.

Zuurbier said he’s been pestering the US government and military for the last 10 years to get them to do something about the problem. The military told the FT it blocks outgoing emails to .ml domains from its own network. There’s presumably little it can do about emails sent from other domains.

Freenom got its ICANN registrar accreditation suspended in 2015 for cybersquatting its competitors. The company is also being sued for cybersquatting by Facebook owner Meta.

It’s not been possible to register new domains in any of the company’s ccTLD since last year.

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