Registrars responsible for proxy cybersquatters

Domain name registrars can be liable when their customers break the law, if those customers use a privacy service, according to new ICANN guidance.
The ICANN advisory clarifies the most recent Registrar Accreditation Agreement, and seems primarily pertinent to UDRP cases where the registrar refuses to cooperate with the arbitrator’s request for proper Whois records.
The advisory says:

a Registered Name Holder licensing the use of a domain is liable for harm caused by the wrongful use of the domain unless the Registered Name Holder promptly identifies the licensee to a party providing the Registered Name Holder with reasonable evidence of actionable harm

In other words, if a domain gets hit with a UDRP claim or trademark infringement lawsuit, as far as the RAA is concerned the proxy service is the legal registrant unless the registrar quickly hands over its customer’s details.
Law enforcement and intellectual property interests have been complaining about registrars refusing to do so for years, most recently in comments on ICANN’s Whois accuracy study.
ICANN offers a definition of the word “promptly” as “within five business days” and “reasonable evidence” as trademark ownership and evidence of infringement.
I don’t think this ICANN guidance will have much of an impact on privacy services offered by the big registrars, which generally seem quite happy to hand over customer identities on demand.
Instead, this looks like it could be the start of a broader ICANN crackdown on certain non-US registrars offering “bulletproof” registrations to cybersquatters and other ne’er-do-wells.
I wouldn’t be surprised to find the number of ICANN de-accreditations citing refusal to cooperate with UDRP claims increasing in future.
The new ICANN document is a draft, and you can comment on it here.

3 Comments Tagged: cybersquatting, ICANN, raa, udrp, whois

ICANN closes .xxx forum after 14,000 comments

ICANN has finally shut down the latest public comment period on the proposed .xxx TLD, and now faces the task of finding the few dozen grains of wheat in about 14,000 pieces of chaff.
It’s general counsel John Jeffrey’s task to provide the round-up on this, possibly record-breaking, public comment period, although I understand ICM Registry may also provide its own, alternative, summary document.
I had a quick chat with Jeffrey yesterday. He told me comments were kept open beyond the advertized Monday shutdown because ICANN staffers are allowed to use their discretion when forums are seeing a lot of activity.
He also noted that the comment period was not a referendum on the merits of .xxx; ICANN had solicited feedback on a specific set of process options on how to handle .xxx.
It’s my impression that the 10,000+ identical form emails from the American Family Association may, rightly, wind up being considered as a single comment.

5 Comments Tagged: american family association, ICANN, icm registry, john jeffrey, xxx

.jobs seeks comment on dictionary domains

The sponsor organization behind the restricted .jobs domain is soliciting comment on a plan to substantially liberalize the TLD, allowing generic and two-letter registrations.
The Society For Human Resource Management has published a very brief survey, asking HR folk what they think the pros and cons to the plan might be.
The .jobs domain is run by Employ Media. It’s currently restricted to companyname.jobs registrations, and as such has been predictably unsuccessful.
Now Employ Media wants to branch out into geographical and generic domains. As I reported last month, it looks like it’s trying to remove essentially all of its significant registration restrictions.
The attempt at a policy shift follows a deal made with DirectEmployers Association to monetize geographic domains that raised eyebrows at ICANN late last year.
ERE.net has more here.

2 Comments Tagged: .jobs, employ media, ICANN, shrm, society for human resource management

German domains see severe downtime

Many domains ending in .de, Germany’s country-code TLD, have seen downtime today, after something went wrong at Denic, the registry manager.
Details are sketchy at the moment, but it appears from chatter on the DNS-Ops mailing list that several instances of the .de zone stopped serving addresses this morning.
It appears that the affected servers were responsible for .de domains beginning with F through Z, so facebook.de would have worked, but heise.de would not.
The German slice of Twitter has been going a bit nuts with comments, and the German press is already on the case.
This is obviously a huge headache if you’re German or do business in Germany — I hate to think how many transactions could have been disrupted by the downtime — and I expect Denic will take a lot of flack at home over the coming days and weeks.
The problem, however, does appear to have been fixed. SANS estimates the outage as a little over an hour.

1 Comment Tagged: .de, cctlds, denic, dns

Google Translate turns ccTLDs into .com

I’ve found Google Translate an invaluable tool for researching overseas news stories, but it’s a pain in the neck for reading about domain names in foreign languages.
The service seems to have developed the habit of turning all freestanding ccTLDs into “.com”.
For an example, head over to Norid and turn on Norwegian-to-English translation (or, if you don’t have the Google Toolbar, use Google Translate on the web).
Every instance of “.no”, Norway’s country-code domain, is translated into a .com, more specifically “. Com”.
Ditto for German. Translate this story about Denic’s troubles today to see all instances of “.de” translated into “. Com”.
However, the front page of Afnic sees .fr translated to “. Com”, leaving .re, for the Reuinion Islands, untouched.
I should point out that the service leaves domain names alone, so nic.fr is still nic.fr. But you’ve still got to wonder what Google’s designers were thinking.

1 Comment Tagged: .de, .fr, .no, afnic, denic, google translate, norid

Porn trade group director says .xxx could be a gTLD

One of the directors of porn industry organization the Free Speech Coalition has suggested the .xxx top-level domain could be approved as an unrestricted gTLD.
Tom Hymes, who sits on the Free Speech Coalition’s board of directors, wrote to ICANN urging it first and foremost to kill ICM Registry’s .xxx application once and for all.
But Hymes went on to say: “If that scenario is unacceptable to the Board for one reason or another, I would then encourage it to explore a gTLD option for ICM.”
He noted that he was writing in a personal capacity, not as a representative of the FSC.
ICM’s application was filed under the 2005 round of “sponsored” TLDs, which meant it had to show backing from a sponsorship organization and some measure of ownership restriction.
For example, the Society for Human Resource Management is the sponsor for .jobs and the Universal Postal Union backed .post.
ICM, which has never been part of the adult entertainment industry, created a policy-making body called the International Foundation For Online Responsibility, IFFOR, to act as its sponsor.
In my view, IFFOR was basically a crude hack to get around the fact that in 2005 ICANN was not looking for any new gTLDs.
The FSC doesn’t like IFFOR, because a) it will make policy on what can be hosted under .xxx domains and b) the adult industry will not control its board or see any of its money.
Hymes, in his personal capacity, seems to be saying that an unrestricted .xxx gTLD would be okay. It’s the first ground I’ve seen anyone in the porn industry give in this debate. He says:

To its credit, the Board is striving to solve the dot xxx imbroglio by dangling a gTLD in front of ICM, a solution ICM thus far has refused to consider. But that sort of suspicious recalcitrance can no longer be tolerated. Instead of threatening to bring a costly lawsuit against ICANN in order to secure control of a policy making regime for which it does not have the required support, ICM should cut its losses, save everyone a lot of money and take the gTLD while it has the opportunity.

I happen to agree, mostly: .xxx would make a heck of a lot more sense, and would be a whole lot less controversial (Christians notwithstanding), as a gTLD.
Unfortunately, I can’t see it happening. Not easily, anyway.
There’s no ICANN process in place for approving gTLDs today, and if ICANN were to choose to kick ICM into the next new gTLD round, there’s a pretty good chance that ICM would find itself fighting a contested string battle with other applications.
From a process point of view, sponsored TLDs are a failed experiment.

11 Comments Tagged: free speech coalition, ICANN, icm registry, new gTLDs, new TLDs, sponsored tlds, tom hymes, xxx

AOL loses ICANN accreditation

AOL, one of the first five companies to become an ICANN-accredited registrar, appears to have let its accreditation expire.
The former internet giant is no longer listed on ICANN’s Internic registrar page, and DotAndCo.net’s data shows it lost its .com, .net and .org accreditations on April 27.
It’s hardly surprising. AOL’s profits are falling and it has been reorganizing itself ever since Time Warner returned it to life as an independent company last year.
It’s noteworthy because AOL was one of the first five registrars to challenge Network Solutions’ monopoly, when ICANN introduced competition to the domain name market in 1999.
In April 1999, the company participated in ICANN’s limited registrar “test-bed” experiment, alongside CORE, France Telecom, Melbourne IT and Register.com.
But domain names were never a big deal at the company.
AOL peaked at about 150,000 domains a few years ago and tailed off to a little more than a dozen at the end of 2009. Apparently, the company has decided to let its accreditation simply expire.

Comment Tagged: accreditation, aol, core, france telecome, ICANN, melbourne it, register.com

The top ten dumbest .xxx public comment subject lines

The American Family Association is now responsible for something approaching 10,000 emails urging ICANN to can ICM Registry’s .xxx proposal.
On Thursday, the AFA asked its membership to email ICANN’s public comment forum in support of “Option #3”, which would allow it to ignore the Independent Review Panel ruling and kill .xxx for good.
It thoughtfully included suggested text for the body of the email, but encouraged its members to “(Please enter your own subject line)”.
I don’t doubt that plenty of AFA members know what it was they were commenting on, but it’s clear from their chosen subject lines that plenty more had absolutely no idea.
Here’s a Letterman-style rundown of the top-ten least-clueful subject lines I’ve come across so far.

10. How much more sin will God allow?????????????
9. Judgment day is coming
8. Dear Sir!
7. stop the cause of all of the sex crimes commited today!
6. Registered Sex Offenders — You may be next, Please proceed with caution!
5. Don’t let an ADULT bookstore enter my computer! Support option #3.
4. P*rn Channel Explosion – Option #3
3. XXX.com
2. No more porn on TV!
1. (Please enter your own subject line.)

Have you seen any better/crazier ones? Let me know.
The public comment period ends, thankfully, tomorrow.

Comment Tagged: american family association, ICANN, icm registry, xxx

ICANN accused of Twitter faux pas over Arabic domains

The registry behind one of the new Arabic-script ccTLDs has sharply criticised ICANN for the way it introduced internationalized domain names to the root this week.
Adrian Kinderis, CEO of AusRegistry, accused ICANN, specifically those responsible for the IANA function, of “embarrassing incompetency” and cultural insensitivity.
Kinderis’ beef is that IANA added the three new Arabic IDNs to the root without giving their local managers so much as a headsup.
AusRegistry is the back-end provider for امارات. the United Arab Emirates’ new IDN ccTLD, as well as its ASCII original.
“I was alarmed to discover that the relevant ccTLD Managers were only notified many hours after the fact, long after the same IANA staff member had broadcast the news on a personal Twitter account,” he blogged.
While Kinderis was diplomatic enough not to name names, he’s talking about IANA registry manager Kim Davies, who broke the web-changing news on Wednesday with a tweet.
“This was an inappropriate manner in which to announce an event of this importance,” Kinderis wrote. “It displays a disturbing lack of understanding and a complete disregard of the cultural and political significance of this event within the Arabic world.”
He goes on to point out that the announcement was made during Saudi Arabia’s weekend, leaving ccTLD managers scrambling to get their marketing in place on their day off.
I could keep quoting. It’s a fairly extraordinary attack on aspects of ICANN’s culture. Go have a read.

2 Comments Tagged: adrian kinderis, arabic, ausregistry, cctlds, iana, ICANN, idns, kim davies, saudi arabia, united arab emirates

Christians try new strategy in anti-.xxx campaign

(UPDATED) Anti-porn protesters have changed tack in their campaign to get ICANN to kill the .xxx top-level domain.
The followers of crusading PornHarms.com founder Pat Trueman are currently lobbying ICANN’s public comment forums with messages that make them look a little like the pornographers themselves:

The .XXX sponsor, ICM, never satisfied the sponsorship requirements and criteria for a sponsored Top Level Domain. The ICANN Board denied ICM’s application for the .XXX sTLD on the merits in an open and transparent forum.

The copy-paste letter paraphrases text from ICANN’s process options report in much the same way as the pro-porn Free Speech Coalition’s Diane Duke did.
Trueman’s previous effort centered on the charge that pornography is intrinsically harmful, a subject well outside ICANN’s remit.
The fact that the new campaign is orchestrated by Trueman is revealed by Trueman himself and this comment from a supporter.
So… a vehemently anti-porn group is demanding ICANN rejects .xxx on the basis that it is not supported by the porn industry?
You’ve got to admire the chutzpah.
UPDATE: Another Christian group, the American Family Association, has opened the anti-.xxx floodgates, adding hundreds of new comments to ICANN’s forums in the last couple of hours.
The American Family Association is an unabashed “champion of Christian activism” whose mantra is “We believe the Bible to be the inspired, the only infallible, authoritative Word of God.”
Not really the kind of people you’d want to be stuck in an elevator with, never mind dictating internet policy.

Comment Tagged: diane duke, free speech coalition, ICANN, icm registry, pat trueman, pornharms, xxx