Stick a fork in Nominet’s leadership. Tucows votes to fire half the board

Tucows has become the latest registrar to say it will vote to fire five of Nominet’s 11 directors, including its CEO and chair, making the success of the ongoing member-driven coup pretty much inevitable.

The company said yesterday that it has already voted for the PublicBenefit.uk campaign’s motion, to be considered at the .uk registry’s Emergency General Meeting on Monday.

Tucows is Nominet’s fourth-largest registrar, with 381,468 domains under management. Its voting rights are capped at 3% of the total.

PublicBenefit.uk now says it has 29.1% of all votes backing its campaign, with 473 members signed up.

Because the threshold to pass its resolution is a simple majority of those who actually turn out to vote on the day, the likelihood of the five directors surviving the EGM are now surely negligible.

The first motion kicks out CEO Russell Haworth, chair Mark Wood, CFO Ben Hill, registry managing director Eleanor Bradley and appointed non-executive director Jane Tozer.

The second, which Nominet refused to put on the ballot, would have appointed two new directors: Sir Michael Lyons, who will serve as chair, and Axel Pawlik, deputy chair. Lyons is a former chair of the BBC Trust, who in 2015 oversaw a review into Nominet’s corporate governance. Pawlik is a former MD of European IP address registry RIPE-NCC.

Both have promised to refocus Nominet by abandoning its attempts to diversify into commercial areas such as cybersecurity, while also reducing .uk wholesale prices and donating more of its profits to public benefit causes.

In throwing its weight behind the resolution, Tucows’ director of domains Ashley La Bolle said in a blog post:

Most registries, but particularly country code registries are, or should be, very profitable operations. A country code TLD is also a public asset and an important component of a nation’s critical infrastructure. The registry should have a narrow and focused mandate, deliver a stable and secure service, operate in a risk-averse manner, and manage costs appropriately. As a public asset, surplus funds from the operation of a registry should be delivered to thoughtful and relevant public benefit initiatives, while also containing and reducing costs for the millions of businesses and consumers that use and rely on the domain names.

It’s the second of Nominet’s top 10 registrars to back PublicBenefit.uk, after #7 Namecheap, which has 201,355 .uk names under management.

The Internet Commerce Association, which represents the interest of domain investors but is not a Nominet member, said it took no position on the resolution, but broadly supported the overarching goals:

The ICA urges Nominet members to support efforts to restore Nominet’s core mission to operate the registry at cost as a not-for profit. Nominet’s management should never raise registration fees beyond what it takes to operate the registry in a prudent manner, with any excess revenue being directed to worthy causes and not to growing the breadth of Nominet’s limited mandate.

Those Nominet members who have pledged support for the board shakeup are being urged to give their voting proxy to Simon Blackler, who runs the registrar Krystal Hosting and initiated the PublicBenefit.uk campaign, before close of business UK time today.

Blackler says that almost all of these members have already voted.

It’s going to take an unprecedented turnout of Nominet’s remaining membership, with the vast majority opposed to the firings, to save these five directors at this point.

UPDATE: This article was updated shortly after its original posting to clarify that Nominet had refused to put the campaign’s second motion on the ballot.

1 Comment Tagged: .uk, egm, nominet, publicbenefit.uk, tucows

IP lobby demands halt to Whois reform

Trademark interests in the ICANN community have called on the Org to freeze implementation of the latest Whois access policy proposals, saying it’s “not yet fit for purpose”.

The Intellectual Property Constituency’s president, Heather Forrest, has written (pdf) to ICANN chair Maarten Botterman to ask that the so-called SSAD system (for Standardized System for Access and Disclosure) be put on hold.

SSAD gives interested parties such as brands a standardized pathway to get access to private Whois data, which has been redacted by registries and registrars since the EU’s Generic Data Protection Regulation came into force in 2018.

But the proposed policy, approved by the GNSO Council last September, still leaves a great deal of discretion to contracted parties when it comes to disclosure requests, falling short of the IPC’s demands for a Whois that looks a lot more like the automated pre-GDPR system.

Registries and registrars argue that they have to manually verify disclosure requests, or risk liability — and huge fines — under GDPR.

The IPC has a few reasons why it reckons ICANN should slam the brakes on SSAD before implementation begins.

First, it says the recommendations sent to the GNSO Council lacked the consensus of the working group that created them.

Intellectual property, law enforcement and security interests — the likely end users of SSAD — did not agree with big, important chucks of the working group’s report. The IPC reckons eight of the 18 recommendations lacked a sufficient degree of consensus.

Second, the IPC claims that SSAD is not in the public interest. If the entities responsible for “policing the DNS” don’t think they will use SSAD due to its limitations, then why spend millions of ICANN’s money to implement it?

Third, Forrest writes that emerging legislation out of the EU — the so-called NIS2, a draft of a revised information security directive —- puts a greater emphasis on Whois accuracy

Forrest concludes:

We respectfully request and advise that the Board and ICANN Org pause any further work relating to the SSAD recommendations in light of NIS2 and given their lack of community consensus and furtherance of the global public interest. In light of these issues, the Board should remand the SSAD recommendations to the GNSO Council for the development of modified SSAD recommendations that meet the needs of users, with the aim of integrating further EU guidance.

It seems the SSAD proposals will be getting more formal scrutiny than previous GNSO outputs.

When the GNSO Council approved the recommendations in September, it did so with a footnote asking ICANN to figure out whether it would be cost-effective to implement an expensive — $9 million to build, $9 million a year to run — system that may wind up being lightly used.

ICANN has now confirmed that SSAD and the other Whois policy recommendations will be one of the first recipients of the Operational Design Phase (pdf) treatment.

The ODP is a new, additional layer of red tape in the ICANN policy-making sausage machine that slots in between GNSO Council approval and ICANN board consideration, in which the Org, in collaboration with the community, tries to figure out how complex GNSO recommendations could be implemented and what it would cost.

ICANN said this week that the SSAD/Whois recommendations will be subject to a formal ODP in “the coming months”.

Any question about the feasibility of SSAD would be referred back to the GNSO, because ICANN Org is technically not supposed to make policy.

2 Comments Tagged: .eu, epdp, gdpr, gnso, ICANN, nis2, odp, privacy, security, trademarks, whois

Donuts adds another TLD to its stable as Richemont finally bows out of new gTLD program

Luxury goods maker Richemont, an early and strong proponent of the new gTLD concept, has got rid of the final string of the 14 it originally applied for.

According to ICANN records, the registry agreement for .watches was officially transferred to Afilias at the end of December, one day before it was in turn acquired by Donuts.

The domain nic.watches current resolves to a placeholder bearing the Afilias branding.

Richemont, the company behind luxury brands such as Cartier and Piaget, now has no TLDs left.

It had applied for nine dot-brands, along with five generic dictionary terms that it at first intended to maintain as single-registrant spaces, before that use case was banned by ICANN.

At the start of the decade, the company was an enthusiastic endorser of new gTLDs, even sending speakers to conferences to promote the concept.

Richemont was also the first registrant of second-level domains in third-party new gTLDs, when it registered Arabic versions of some of its famous brands in December 2013.

But its enthusiasm waned gradually over the last eight years.

Its dot-brands were discarded in tranches, either during the application process or after contracting. Donuts beat it to .jewelry at auction, and it terminated its contracts for Chinese versions of .jewelry and .watches last year.

There’s not much money in internationalized domain names, so now it seems likely these Chinese IDNs were shopped around but failed to find a buyer.

.watches, however, is right in Donuts’ wheelhouse, a niche generic English string related to a specific product or service.

Last month, I reported that Donuts had acquired .markets, .forex, .broker and .trading from Boston Ivy as it exited the new gTLD game, while letting the less-attractive .spreadbetting die on the vine.

Comment Tagged: .watches, acquisition, afilias, donuts, dot-brands, ICANN, richement

NamesCon Europe cancelled — “pandemics suck”

The year’s NamesCon Europe conference has been cancelled.

The organizers said today that the 2021 event, which had been due to take place in Budapest this June, will not go ahead due to the ongoing coronavirus pandemic:

Since Hungary still has a high rate of COVID infections and in-person gatherings are not allowed, we cannot produce NamesCon Europe in Budapest in July. Nobody can predict when things will improve and our recent NamesCon survey showed a high reluctance to travel, so planning this intimate in-person gathering didn’t make sense. Pandemics suck.

Unlike ICANN 71, which was last week rescheduled from The Hague to Zoom, NamesCon is not moving to the bespoke online platform it used last year.

Organizers said that they’re not setting a new date yet, but there appears to be the possibility of other online events in future.

Hungary currently ranks 4th-worst in terms of deaths per capita, according to Statista, sandwiched between the UK and Italy, two of the earliest and hardest-hit countries.

It’s currently seeing more daily cases and deaths than the UK in absolute numbers, despite having less than a sixth of the population.

Comment Tagged: coronvirus, namescon, namescon europe, pandemic

As .gov changes hands, would Verisign run it for free?

The .gov top-level domain is moving for the first time since 1997, and the new owner is promising some pricing changes from next year.

The US General Services Administration has been running .gov, one of the original gTLDs, for almost a quarter-century, but next month it will be taken over by the Cybersecurity and Infrastructure Security Agency.

No changes have been made at IANA yet, but CISA is talking of the handover as if it is a done deal.

It will be the first time ICANN has been asked to redelegate what is essentially an uncontracted gTLD with some of the characteristics of a ccTLD. To be honest, I’ve no idea what rules even apply here.

The move was mandated by the DOTGOV Act of 2019, which was incorporated in a recently passed US spending bill.

Legislators wanted to improve .gov’s usefulness by increasing its public profile and security.

The bill was quite adamant that .gov domains should be priced at “no cost or a negligible cost”, but there’s a catch — Verisign runs the technical infrastructure for the domain, and currently charges $400 per domain per year.

According to CISA, “The way .gov domains are priced is tied closely with the service contract to operate the TLD, and change in the price of a domain is not expected until next year.”

So we’re looking at either a contract renegotiation or a rebid.

Frankly, given the really rather generous money-printing machine the US government has granted Verisign with its perpetual right to run .com and increase its profit margins in most years, it seems to me the company should be running it for free.

The .gov zone currently has domains measured in the low thousand.

Comment Tagged: .gov, cisa, gsa, iana, ICANN, redelegation, verisign

Nominet warns of government takeover as Namecheap backs fire-the-directors campaign

Nominet has raised the specter of a government takeover of the .uk registry, should members vote to oust five of its top directors at an Emergency General Meeting a week from now.

The warning came as part of the company’s anti-EGM publicity, and at a time when the campaign for a Yes vote has passed 25% of eligible votes, with Namecheap becoming the biggest name yet to support the ouster.

In a blog post, the company refers readers back to the Digital Economy Act of 2010, which in part gives the UK government the ability to unilaterally take over .uk, should Nominet seriously mess up:

It means that the government can step in, if Nominet is ever considered unstable or not capable of governing itself.

Removing five directors, including two of the four independents, and pressuring the remaining directors to install candidates outside normal procedures, as the EGM petitioners seek to do, would be a huge step backwards in terms of good governance. We have been warned that instability will be of serious concern to government. We know it would create a scenario which would make intervention more likely.

That part of the Act was brought in because at the time Nominet was perceived to be at risk of capture by domain investors. It has since reformed its constitution to make this less likely.

The current situation could be seen as a replay of the situation 11 years ago, with many of those most unhappy with Nominet’s recent strategy among the domainer community.

The campaign, PublicBenefit.uk, wants to fire five directors including the chair and CEO and replace them with two new appointments who have promised to lower .uk domain prices and direct more profit to public benefit causes.

As of today, the campaign has 429 member signatories, representing 25.1% of voting rights. This is probably enough to pass its resolutions, which call for a simple majority of members attending the EGM.

Namecheap has become the largest registrar so far to sign up. It’s the seventh-largest .uk registrar, with 201,355 domains under management. GoDaddy, 1&1 Ionos, Tucows, and the others in the top 10 are so-far undecided. Google has said it will abstain.

It’s debatable whether the Digital Economy Act applies here. The Act deems that a registry has failed under two quite narrow circumstances:

(a)the registry, or any of its registrars or end-users, engages in prescribed practices that are unfair or involve the misuse of internet domain names, or

(b)the arrangements made by the registry for dealing with complaints in connection with internet domain names do not comply with prescribed requirements.

Do either of those apply to PublicBenefit.uk’s demands? It looks like a stretch.

The EGM will take place March 22, next Monday, and right now it’s not looking great for Nominet’s top brass.

3 Comments Tagged: .uk, digital economy act, egm, nominet, publicbenefit.uk

ICANN 71 is online-only, because of course it is

ICANN has called off plans to conduct its 71st public meeting in the Netherlands this June.

Blaming the ongoing coronavirus pandemic, the risk to safety and travel restrictions, ICANN confirmed last week that the venue will again be Zoom, rather than The Hague.

It will be the fifth consecutive meeting to go online-only.

The dates will remain the same — June 14 to June 17 — and the European time zone of course means that folks at ICANN HQ in Los Angeles will once again be working throughout the night.

ICANN 70, relocated from Cancun, begins next Monday.

Comment Tagged: cancun, coronavirus, ICANN, icann 71, pandemic, the hague, zoom

Correction: UNR’s trademark block service

The registry or registries that buy UNR’s portfolio of new gTLDs at its firesale auction next month will be obliged to honor domains blocked by subscribers to its UniEPS brand protection service.

That’s contrary to what I reported yesterday, which was pretty much the opposite. I apologize for the error.

I asked UNR CEO Frank Schilling for comment about the post-auction UniEPS service, but did not receive a reply. Today, I learned that Schilling had in fact sent a lengthy reply, but it wound up in my email spam folder. Apparently my emails to him also wound up in his spam folder. The filtering gods clearly do not approve of our relationship.

According to Schilling, bidders for each of the 23 auctioned TLDs have been told “blocked names have to remain blocked, banned, or reserved after acquisition, even if they do not participate in our blocking service”.

Registrars were told:

Should an auction winner elect to withdraw the Asset(s) from UNR’s blocking services, the blocked domains will have to remain blocked, reserved, or banned in the acquired Registries until the expiry dates below. This is no different than a new owner honoring prepaid domains under management with expiry dates in the future. Once a block expires, the associated domains can be released for any registrant to purchase (fees from future registrations will be paid to the new owner).

Schilling also said that UNR is forgoing revenue from UniEPS auto-renews after March 15 until the gTLDs change hands. The new owners will be able to cancel these free renewals, he said.

The new owners will be able to continue to use UniEPS if the gTLDs remain on its registry platform. They could also choose to migrate them to their own blocking service, should they have one.

UniEPS, like other products on the market, blocks trademarks and variants such as IDN homographs from registration. It works out cheaper than defensively registering domains, but the domains cannot be used.

UNR, the former Uniregistry, will auction all of its 23 gTLD contracts April 28, as the company refocuses on back-end registry services.

Comment Tagged: auction, blocking, new gTLDs, trademarks, unieps, uniregistry, unr

ICANN 70 has virtual schwag, other new stuff

It may not make up for the lack of sun, sea, sand and sexual abstinence, but the ICANN 70 meeting, taking place this month on Zoom instead of Cancun, Mexico, does have a few new enticements that may tickle your fancy.

It’s also beginning to look like ICANN 70 won’t be the last of ICANN’s public meetings this year to be online-only.

At the trivial end of the spectrum, attendees get a virtual schwag bag containing unsponsored, printable collectibles including: two versions of a do-not-disturb door sign, a name badge, and two types of origami paper airplanes.

Equally trivially, ICANN appears to trying to foster a sense of remote community by encouraging attendees to take photographs of their food and post them to social media with the hashtag #icannchef. Because it’s 2009, apparently.

A bit more substance comes with the promise of private breakout rooms, which ICANN described in a blog post.

Apparently attendees will be able to create their own private rooms, containing multiple parties, whether it’s for social or business or policy-making purposes.

While ICANN 70 Prep Week started this week, that feature doesn’t appear to be live yet, or is so well-hidden that I couldn’t find it.

I can see this being potentially useful for meetings that take longer than the time allotment Zoom gives you for free, but I’m not sure I’d want to hold any super-sensitive meetings on a platform configured by ICANN, given its track record.

Other new features include the ability to listen in to live interpretation in the supported languages during the supported sessions, natively via the Zoom interface.

ICANN’s also turning on Zoom’s often hilarious, automated real-time transcription service, for sessions that don’t receive the usual human-assisted scribe service.

The Org has been adding features to its online platform bit-by-bit since the coronavirus pandemic forced the community into virtual mode a year ago.

It’s unlikely to be the last time ICANN meets in an online-only fashion. The board of directors is to meet tomorrow to consider the fate of ICANN 71, which is currently scheduled to take place in The Hague in June.

While some countries may well be approaching some level of pre-pandemic normality by then, ICANN is an international organization and the maxim “Nobody’s safe until we’re all safe” probably applies here.

2 Comments Tagged: cancun, coronavirus, ICANN, icann 70, icann 71, pandemic, schwag, the hague, zoom

Everything.sucks, in losing UDRPs, puts the lie to the .sucks business model

The World Intellectual Property Organization has delivered its first UDRP decision concerning a .sucks domain name, ruling that the name sanofi.sucks is in fact cybersquatting.

The three-person panel ruled that the domain was identical or confusingly similar to a trademark owned by Sanofi, a French pharmaceuticals manufacturer involved in producing vaccines for the COVID-19 virus.

That was despite the fact that the registrant, affiliated with the Everything.sucks project, argued that nobody would think a domain name ending in “.sucks” would be affiliated with the trademark owner.

That argument flies in the face of official .sucks registry marketing from Vox Populi Registry, which positions .sucks as a place for brand owners to consolidate and manage customer criticism, feedback and support.

The sanofi.sucks case is one of two UDRP losses in the last few weeks for Honey Salt, a Turks and Caicos-based company that is believed to account for over a third of all .sucks registrations.

Honey Salt has registered thousands of brand names in .sucks, linking them to a wiki site operated by Everything.sucks Inc that contains criticism of the brands concerned copied from third-party web sites such as TrustPilot and GlassDoor.

There’s evidence that Everthing.sucks and Honey Salt are affiliated or share common ownership with Vox Pop, but the registry has denied this.

In the Sanofi case, Honey Salt mounted a free speech defense, saying it was providing a platform for legitimate criticism of the company and that Sanofi was using the UDRP to silence such criticism.

Sanofi claimed that the domain had in fact been registered for commercial purposes and to unfairly suggest an official connection to the company.

But what’s interesting is how Honey Salt argues that the domain itself, regardless of the associated web site’s content, is not confusingly similar to the Sanofi mark. The WIPO panelsts wrote, with my added emphasis:

The Respondent maintains that the disputed domain name is not identical or confusingly similar to a trademark in which the Complainant has rights. According to it, the “.sucks” gTLD is not like other generic TLDs, and its pejorative nature renders the disputed domain name as a whole nonidentical and prevents confusion, and the inclusion of “.sucks” in the disputed domain name makes clear that the associated website is not affiliated with the Complainant, but instead contains criticism of it and of its business.

In other words, if you visit a .sucks domain, you automatically will assume that the site is not associated with the brand owner.

Honey Salt seems to have made an identical argument in the UDRP case of cargotec.sucks, which it also lost at the Czech Arbitration Forum last month. The panelists in that decision summarized the company’s defense like this:

The TLD at issue here, however, .sucks, is not like other generic top level domains. Its pejorative nature renders the domain name as a whole nonidentical and prevents confusion… The inclusion of “.sucks” makes abundantly clear that the website is not affiliated with Complainant and instead contain criticism of its business.

Again, this is completely contrary to the stated goal of the .sucks registry.

Vox Pop has from the outset claimed that .sucks domains are a way for brands to aggregate customer feedback and criticism in one place, using a .sucks domain controlled by the brands themselves.

That purpose goes all the way back to its 2012 ICANN new gTLD application and continues to this day on its official web site and Twitter feed, which is primarily used to goad companies undergoing media controversies into registering and using their .sucks exact-match.

Hey, @WWE, everyone gets criticized, but not everyone has the stones to own it. You? I mean, you likely already control https://t.co/qHuEXjfVn5, why not use it? What do you think, @bleedingcool? https://t.co/Yv6b9OEaFp

— DotSucks (@dotsucks) January 24, 2021

Back in 2015, Vox Pop CEO John Berard told us:

A company would be smart to register its name because of the value that consumer criticism has in improving customer loyalty, delivering good customer service, understanding new product and service possibilities… They’re spending a lot more on marketing and customer service and research. This domain can another plank in that platform

Vox Pop even owns and uses voxpopuli.sucks and dotsucks.sucks, where it hosts a little-used forum welcoming criticism from people who say the company sucks.

But Honey Salt, its largest registrant by a significant margin, is now on-record stating that .sucks domains only imply ownership by third parties and could not possibly be confused with brand-owner ownership.

If the Many Worlds interpretation of quantum mechanics is correct, there exists a corner of the multiverse in which Honey Salt and Everything.sucks are just fronts for the entities that also control Vox Pop and its top registrar, Rebel.com. In that universe, it would be trippy indeed for the registry’s own affiliates to admit its entire stated business model is bullshit.

In our universe, that particular cat, which very probably has a goatee, is still firmly in the box, however.

Speculative forays into science fiction aside, Honey Salt’s record on UDRP is now three losses versus one win. It has six more cases pending at WIPO

4 Comments Tagged: caf, cybersquatting, everything.sucks, honey salt, momentous, new gTLDs, rebel, sucks, trademarks, udpr, vox populi, wipo