ALAC’s brutal takedown of that “aggressive” ICANN 74 coronavirus waiver

ICANN’s At-Large Advisory Committee has accused ICANN of being aggressive, intimidating and insensitive by demanding attendees at next month’s public meeting in the Netherlands sign a far-reaching legal waiver.

In a remarkable submission to the ICANN board of directors, ALAC says the waiver, which basically amounts to a get-out-of-jail-free card for the Org, leaves a “lasting unpleasant taste in the mouths” of the volunteers who make up the ICANN community.

ALAC wants the board to clarify whether it had any involvement in the drafting of the waiver or in approving it but asks that it “take control of the situation and ensure that this waiver does not endanger both its relationship with the ICANN Community”.

The waiver requires in-person attendees to absolve ICANN of all blame if they catch Covid-19 — or anything else — “even if arising from the negligence or fault of ICANN”. Virtual attendees don’t have to sign it.

ICANN has suggested in a separate FAQ that it may not be worth the pixels it’s written with, which ALAC points out is inconsistent with the plan language of the waiver.

ALAC also includes a list of 10 reasons the waiver is a terrible idea. Here’s a few:

10. It is insensitive to the global community as it can be interpreted as an exportation of U.S.-based litigious culture.

4. This kind of blanket waiver could be unenforceable and, in that case, serves only as intimidation.

3. The waiver infringes on individual rights.

1. It leaves a lasting unpleasant taste in the mouths of participants contributing to ICANN’s multistakeholder model — which is presented as a source of pride and accomplishment to the internet governance community.

The waiver already the subject of a Request for Reconsideration by the heads of registrar Blacknight and the Namibian ccTLD registry, but ALAC’s comprehensive takedown, which has dozens of signatories, arguably carries more weight.

ALAC’s letter can be downloaded here. It’s not been published on ICANN’s correspondence page. Hat tip to Rubens Kuhl for the link.

1 Comment Tagged: alac, coronavirus, covid-19, ICANN, icann 74, pandemic, waiver

.link gTLD buyer revealed

Another of UNR’s portfolio auction winners has emerged.

This time it’s .link, UNR’s low-cost volume play, and the buyer appears to be a veteran domain investor named Yonatan Belousov.

ICANN records for .link were updated today to name a Maltese company called Nova Registry, an individual named Emanuel Debono, and an email address at nova.link as contacts.

It’s not a great sign when you google a company or person and all the top hits are from the Panama Papers leaks, but of course not every use of offshore companies is shady and ICANN will have done its due diligence.

Digging deeper into the rabbit hole, corporate records show Nova is owned by another Maltese company called Vanderlay Investments, which in turn has Belousov, known in the domaining industry as Yoni and a regular guest on Domain Sherpa, as the sole owner.

The domain nova.link doesn’t resolve to a web site, but it is registered to another Maltese company called Indefinite, which has a nice collection of one-word .com domains for sale.

The new information means we now know the identities of the buyers of 15 of the 23 gTLD contracts UNR put up for sale in April 2021. XYZ, GoDaddy, Top Level Design and Dot Hip Hop all walked away with shiny pre-loved TLDs.

Comment Tagged: .link, acquisition, assignment, nova registry, unr

After 10 months, ICANN board “promptly” publishes its own minutes

ICANN’s board of directors has approved a huge batch of its own meeting minutes, covering the period from July 15 last year to March 10 this year, raising questions about its commitment to timely transparency.

The board approved the minutes of its last 14 full-board meetings in one huge batch of 14 separate resolutions at its May 12 meeting, and they’ve all now been published on the ICANN web site, along with redacted briefing papers for said meetings.

The period includes decisions on planning for the next new gTLD round and Whois reform, the legal fight with Afilias over the contested .web gTLD, and apparently divisive discussions about the timing of a post-pandemic return to face-to-face meetings.

No explanation has been given for why it’s taken so long for these documents to appear, the timing of which appears to go against ICANN’s bylaws, which state that minutes are supposed to be approved and published “promptly”:

All minutes of meetings of the Board, the Advisory Committees and Supporting Organizations (and any councils thereof) shall be approved promptly by the originating body and provided to the ICANN Secretary (“Secretary”) for posting on the Website.

ICANN almost always published its board’s resolutions within a few days of approval, and a preliminary report — which also includes the number of votes yay or nay, without naming the directors — within a couple of weeks.

The minutes, which are published only after the board rubber-stamps them, typically include a further vote breakdown and a little bit of color on how the discussion went down.

In the newly published batch, some of the documents are somewhat illuminating, while others barely nudge the dimmer switch.

For example, the preliminary report for the July 15, 2021 meeting, published 11 days later, notes that three of the 16 voting directors rebelled on a resolution about making the October annual general meeting in Seattle a virtual-only event, but the just-published minutes name those directors and flesh out some of their reasons for dissenting.

It turns out the directors had a “robust discussion”, with some arguing that it would be safe to go ahead with a “hybrid” meeting comprising both face-to-face and remote participation options.

The dissenting directors were Ron da Silva, Avri Doria, and Ihab Osman, it turns out. Osman and da Silva had voted a similar way a year earlier.

Directors could not reasonably have been expected to know about the impact the Delta variant of Covid-19 would have on world health in the latter half of the year. It had been identified and named by scientists but had yet to spread to the extent it was making headlines.

But they were aware of concerns from the Asia-Pacific members of the community, worried that a hybrid meeting in Seattle would disadvantage those unable to attend due to pandemic travel restrictions. This appears to have been raised during the discussion:

Some Board members expressed desire to see more work done to have ICANN72 as a hybrid meeting. They noted that Seattle has protocols in place to ensure the health and safety of ICANN staff and the community, and ICANN should use this opportunity to begin to return to its normal meeting standards as much as possible. Others noted that the concerns about travel inequities or restrictions for certain parts of the world should not prevent moving forward with an in-person component for ICANN72 because such inequities and restrictions exist with or without the pandemic.

The return to in-person meetings was discussed again in November, when the board decided to junk plans, secured by the dissenting directors in July, for a hybrid meeting in San Juan, Puerto Rico.

Ron da Silva had left the board by this point, but the new minutes show that Doria and Osman were joined by León Sánchez in advocating for a hybrid meeting with an in-person component.

While the July minutes contains a few paragraphs summarizing discussions, the November minutes simply notes that the board “reviewed the proposed resolution and rationale to confirm that it reflects the Board’s discussion and edits”.

And that’s pretty typical for most of the documents published this week — time and again the substantive discussion appears to have either happened off-camera, during non-minuted sessions of the board at unspecified times, or was simply not minuted.

Interested in the talks leading to the approval of the new gTLDs Operational Design Phase? The minutes shed no light.

Interested in how the board reacted to ICANN losing its Independent Review Process case with Afilias about .web? The minutes merely note that the resolution was approved “after discussion”.

There’s also a glaring hole in one set of minutes, raising questions about whether these documents are a reliable record of what happened at all.

We know for a fact that on September 12 the ICANN board approved a resolution naming the new chair and vice chair of its influential Nominating Committee, only to reconvene two weeks later to scrap that decision and name a different chair instead.

But if you read the September 12 minutes, you’ll find no record of NomCom even being discussed, let alone a resolution being passed appointing a chair.

The newly published batch of documents cover several resolutions related to executive pay, but none of the minutes contain the same level of transparency as ICANN displayed in February 2021, when it revealed that three directors voted against CEO Göran Marby’s pay rise.

In terms of transparency, that now appears to fully confirmed as an isolated incident.

Comment Tagged: .web, afilias, ICANN, irp, new gTLDs, ssad, transparency, verisign, whois

China yanks Daily Stormer domain after Buffalo mass shooting

The far-right propaganda site The Daily Stormer has lost yet another domain name, after the Chinese ccTLD registry deleted dailystormer.cn.

The Daily Stormer was among the sites the suspect in this weekend’s mass shooting in Buffalo reportedly cited as sources of his radicalization to a violent white-supremacist ideology.

Whois records show that dailystormer.cn was registered barely a month ago. The web site had previously been using a .name domain registered via a Chinese registrar, having TLD-hopped between various ccTLDs and gTLDs for years.

Today, English-language Chinese government-owned newspaper Global Times reported that the .cn domain has been taken down after registry CNNIC was alerted to the connection.

It’s no longer resolving from where I’m sitting, but Whois records indicate it was owned by Daily Stormer owner Andrew Anglin.

The web site, which cached copies show is filled with racist, sexist, homophobic and downright inaccurate posts, first ran afoul of domain registrars in 2017, when GoDaddy, Tucows and Google all kicked it out on the same day. Namecheap has also previously deleted one of its names.

It’s also been banned from ccTLDs from Albania, Austria, Iceland and Russia, along with gTLDs including .lol, .name, .red and .top.

Comment Tagged: .cn, cnnic, daily stormer

Fewer domain companies closing down than expected

Registries and registrars are not shutting up shop as fast as ICANN expected, according to CEO Göran Marby.

According to his latest report (pdf) to his board, the number of accredited registrars and contracted registries is substantially ahead of what had been predicted in the current budget, meaning over a million bucks more than expected in ICANN’s coffers.

There were 1,172 gTLD registries at the end of February, according to the report. That’s 25 more than ICANN had expected.

Typically, the only registries that willingly give up their contracts are dot-brands that have never used their TLD and decide to bow out, but we haven’t seen one of those since last September, the longest break in terminations in years.

Marby also reported that there were 2,510 accredited registrars on February 28, a whopping 168 more than the budget planned for.

This was no doubt helped by drop-catchers such as Singaporean registrar Gname, which has created dozens of new shell accreditations in recent months.

Marby reported that this all mean $1.3 million extra revenue, accounting for fixed fees in both segments and registrar application fees.

Overall, ICANN was $16.5 million ahead of budget at the end of February, due to the extra income from fixed fees, a bigger contribution from .com, and lower-than-expected expenses of $12.3 million.

Comment Tagged: budget, ICANN

ICANN highlights “not getting things done” risk

ICANN’s board of directors addressed a number of existential threats at its latest workshop, including the perception that it’s simply “not getting things done.”

Chair Maarten Botterman disclosed the discussions, which took place at the end of April, in a blog post Friday.

He described how the board broke up into four “brainstorming” groups, which returned with strikingly similar views on the risks ICANN faces.

There’s a worry that the lack of in-person meetings due to the pandemic is harming ICANN’s ability to work and that various unspecified “geopolitical initiatives” may get in the way of the mission. He added:

Moreover, we recognized the risk of ICANN being seen as “not getting things done.” On the opportunity side is the broad awareness within ICANN that we need to continue to deliver on our mission in the face of new challenges, as demonstrated by the prioritization efforts of the Board, Org, and Community, and our ability to adapt to changing circumstances.

The Org and the community have been faced with what I would call organizational inertia in recent months and years.

I wrote a few months ago about how ICANN hadn’t implemented a policy since December 2016 — more than five years previously.

Major issues facing the industry seem to be either stuck in endless feedback loops of community arguments or interminable Org preparatory work.

The SSAD, pitched as a solution to the problem of Whois access, appears doomed to be scrapped entirely or approved in a much-reduced form that many believe will not address the problem of identifying registrants in a post-GDPR world.

And even if the stripped-back SSAD Light gets approved, there’s a good chance this will add many months to the runway of the next round of new gTLDs, which itself is at an impasse because the Governmental Advisory Committee and the the GNSO cannot agree on whether to allow closed generics.

As it stands, 10 years after the last application round new gTLD policy is in the Operational Design Phase within Org, and not expected to come before the board until late this year. Much of what has been disclosed about the ODP to date looks a lot like wheel-spinning.

1 Comment Tagged: gac, gnso, ICANN, inertia, new gTLDs, ssad, subpro

Another single-TLD brand protection service planned

BestTLD is planning to introduce a trademark-blocking service covering its single new gTLD, .best.

The company has asked ICANN for permission to launch what it calls the Best Protection service, which would provide domain blocks in lieu of defensive registrations in .best.

The service is similar to Donuts’ Domain Protected Marks List and other industry offerings, but is perhaps most comparable to the Trademark Sentry offering .CLUB Domains came up with a few years ago.

While DPML lets brands block their marks as domains across Donuts’ entire stable of almost 300 TLDs, BestTLD’s offering, like .CLUB’s, focuses instead on blocking marks as a substring in a single TLD.

In other words, Facebook could subscribe to the service for the string “facebook” and it would block domains such as “facebook-login.best”.

A good thing about such services from a registry’s perspective is that, unlike domains, the same string can be sold multiple times to different owners of the same trademarked string.

The registry has filed a Registry Services Evaluation Process request with ICANN and said it is ready to launch with back-end provider CentralNic whenever it gets approval.

Pricing was not disclosed, but if .CLUB’s $2,000 tag is any guide one might expect a super-premium fee.

Regular .best domains sell for about $20 a year and over 30,000 have been registered to date.

Comment Tagged: .best, besttld, cybersquatting, dpml, ICANN, new gTLDs, rsep, trademarks

Dot Hip Hop slashes prices 80% in relaunch

The industry newcomer run mainly by veterans, Dot Hip Hop said today it will slash the price of .hiphop domains by 80% in an effort to reinvigorate the languishing gTLD.

That appears to mean a wholesale fee reduction from $100 to $20 a year.

The price cut will be married with a focus on registry-level marketing that the TLD didn’t really get as part of the old UNR portfolio. Chief marketing officer Scott Pruitt said in a press release:

Domain registries that have invested in marketing directly to end-users have been the most successful in the last few years, This simple strategy of end-user outreach and lower prices combined with the enormous growth of hip-hop as a worldwide cultural and economic force, make us extremely optimistic about the future of our company.

Dot Hip Hop is a partnership of startup DigitalAMN and industry stalwarts Monte Cahn, Jeff Neuman and Pruitt.

The company acquired the .hiphop ICANN contract from UNR a year ago, in a deal that took until this January to close due to ICANN delays.

.hiphop currently has fewer than 1,000 domains under management, no doubt mostly due to the formerly high prices.

The wholesale fee cut seems to be translating to retail prices around $25 at the low end, competitive with most gTLDs.

Comment Tagged: .hiphop, DigitalAMN, dot hip hop, ICANN, unr

Three gTLDs to lose Donuts trademark protection

Three gTLDs are set to lose the trademark protection coverage at the end of the month, following their sale from Donuts to Public Interest Registry.

As noted by corporate registrar Com Laude recently, .charity, .gives and .foundation will no longer fall under Donuts’ Domain Protected Marks List service as of June 1.

DPML is a blocking services whereby the registry reserves trademarked strings across its whole portfolio of almost 300 gTLDs in exchange for a fee that is a big discount on defensive registrations.

gTLDs not in the portfolio will naturally enough no longer qualify, but Com Laude reported that existing subscriptions will be honored and PIR will offer DPML users the chance to change to a full registration.

Donuts announced the sale of the three TLDs to PIR last December.

PIR doesn’t have its own DPML equivalent. Its portfolio is small and its biggest deal is .org, where the defensive blocking horse bolted decades ago.

Comment Tagged: .charity, .foundation, .gives, acquisition, donuts, dpml, pir, trademarks

Tucows to reanimate Tucows brand as sales flatten

Tucows has become the latest domain name company to confirm it’s experiencing the post-pandemic blues, and said that it plans to revitalize the Tucows brand.

Reporting basically flat-to-down domain numbers on Thursday night, the company said that it plans to “more closely connect the Tucows parent and the registrar brands” in the coming months.

“For more than two decades, Tucows has been synonymous with domain registration. In the coming months, you will see a stronger connection of the Tucows brand with our registrar properties, with each anchored by the rich heritage of the Tucows name,” Dave Woroch, CEO of Tucows Domains, said in prepared remarks.

It’s not clear what this will entail in practice. The company’s main brands are Hover in retail and OpenSRS and Enom in wholesale, and you’d be hard pressed to find a mention of Tucows on any of their storefronts.

First-quarter domain revenue was “essentially unchanged” from the same period a year ago, at $61.5 million compared to $61.2 million.

Retail domains revenue was down to $9.1 million from $9.2 million. While wholesale revenue was $52.5 million versus $52 million, the increase was driven by value-added services rather than domain revenue, which was basically flat.

The renewal rate was a healthy 81%.

Woroch said that domain transactions “are now settling back in at pre-pandemic levels” after the lockdown bumps experienced over the last two years. He pointed to Verisign’s recent comments to suggest these are industry trends.

Including Tucows non-domains businesses, revenue was up 14% to $81.1 million and there was an overall net loss of $3.0 million compared to a profit of $2.1 million.

Comment Tagged: earnings, enom, financials, hover, opensrs, tucows