Could registrars get sued under new Texas abortion law?

Does the controversial new Texas state legislation effectively banning most abortions pose legal risks for domain name registries and registrars?

The so-called Texas Heartbeat Act, or SB 8, came into effect at the start of the month. It bans abortions in Texas when doctors can detect a heartbeat in the fetus, which is usually about six weeks after conception, when most women don’t know they’re pregnant.

In an apparent attempt to circumvent the US Supreme Court’s oversight, the enforcement of the law is left to civil actions — the cops won’t come to get you, but any US citizen will be allowed to file civil suits with a guaranteed payout of at least $10,000 if they win and no risk of paying court costs if they lose.

The ban extends not only to doctors who perform the procedure, but also those who “aid and abet”.

This part of the law has been written in such a way that it’s been broadly interpreted as even opening up taxi drivers who transport patients to abortion clinics to possible liability.

Taxi service giants Uber and Lyft have both already announced they will cover the costs of any legal representation their contractors need.

So if taxi drivers can get sued, why not also registrars and hosting companies? Clinics, counselling services and the like all need web sites, and web sites need domains.

It might be a stretch, and the law is worded in such a way that could give registrars a defense, saying liability is restricted to those who “knowingly engages in conduct that aids or abets the performance or inducement of an abortion”.

“Knowingly” is a key word. Taxi drivers dropping off a woman at a clinic know where they are driving. Registrars and hosting companies typically don’t know what is being hosted on their servers.

But what if they are told about pro-abortion content on their services, accompanied by a threat of litigation?

It seems that so far the registrar industry, even one company headed by a right-wing religious individual, are effectively, if not vocally, on the pro-choice side of the debate.

A “whistleblower” web site, run by Texas Right to Life at prolifewhistleblower.com, that was inviting users to essentially “doxx” abortion providers has been kicked off GoDaddy for violating its privacy rules, and even right-leaning Epik has asked the registrant to leave on similar grounds.

Comment Tagged: abortion, texas heartbeat act

DropCatch raises antitrust concerns about Donuts’ Dropzone proposal

TurnCommerce, the company behind DropCatch.com and hundreds of accredited domain name registrars, reckons Donuts’ proposed Dropzone service would be anticompetitive.

Company co-founder Jeff Reberry has written to ICANN to complain that Dropzone would introduce new fees to the dropping domains market, raising the costs involved in the aftermarket.

He also writes that Donuts’ ownership of Name.com, a registrar that DropCatch competes with in the drop market, would have an “unfair competitive advantage” if Dropzone is allowed to go ahead:

Donuts is effectively asking every entity in the ICANN ecosystem to bear the costs of introducing a new service with no benefit outside of a financial benefit to itself, while forcing all registrars to spend more money and resources to register available domain names.

Donuts is proposing Dropzone across its whole portfolio of 200+ gTLDs. It’s a parallel registry infrastructure that would exist just to handle dropping domains in more orderly fashion.

Today, companies such as TurnCommerce own huge collections of shell registrars that are used to ping registries with EPP Create commands around the time valuable domains are going to delete.

Under Dropzone, they’d instead submit create requests with the Dropzone service, and Donuts would give out the rights to register the domains in question on a first-come, first-served basis.

While ICANN had approved a similar request from Afilias before it was acquired by Donuts, the Dropzone proposed by Donuts has one major difference — it proposes a new fee for accessing the system.

No details about this fee have been revealed, which has TurnCommerce nervous.

Donuts is asking for Dropzone via the Registry Services Evaluation Process and ICANN has not yet approved it.

Reberry says ICANN should consult with the relevant governmental competition authorities before it approves the proposal.

You can read Reberry’s letter here (pdf) and our original article about Dropzone here.

3 Comments Tagged: afilias, antitrust, competition, donuts, dropcatch.com, dropzone, ICANN, turncommerce

ICANN could get the ball rolling on next new gTLD round this weekend

ICANN may be about to take the next step towards the next round of new gTLD applications at a meeting this Sunday.

On the agenda for the full board of directors is “New gTLD Subsequent Procedures Operational Design Phase (ODP): Scoping Document, Board Resolution, Funding and Next steps”.

But don’t quite hand over all your money to an application consultant just yet — if ICANN approves anything this weekend, it’s just the “Operational Design Phase”.

The ODP is a new piece of procedural red tape for ICANN, coming between approval of a policy by the GNSO Council and approval by the board.

It is does NOT mean the board will approve a subsequent round. It merely means it will ask staff to consider the feasibility of eventually implementing the policy, considering stuff like cost and legality.

CEO Göran Marby recently said the ODP will take more than six months to complete, so we’re not looking at board approval of the next round until second-quarter 2022 at the earliest.

Comment Tagged: ICANN, new gTLDs, odp

Domain industry SHRINKS again… except of course it doesn’t

Verisign has published its latest Domain Name Industry Brief, once again showing growth numbers thrown off wildly by a single factor.

The second quarter closed with 367.3 million registrations across all TLDs, down by 2.8 million over the same point last year, the DNIB states.

But the entirety of that decline can be attributed to a single TLD. It’s Tokelau again!

.tk was down by 2.8 million domains compared to the year-ago quarter also. This decline was first recorded by Verisign in the fourth quarter last year, where it had a similarly depressing effect on the overall picture.

The ccTLD is operated by Dutch company Freenom, which gives away most of its domains for free, often on a monthly basis, and monetizes residual traffic whenever a name expires or is suspended for abuse.

It’s quite possible that most of its names are registry-owned, so it’s in Freenom’s discretion to keep hold of its entire inventory or periodically purge its database, which may be what happened in Q4.

It’s debatable, in other words, whether .tk’s numbers is really any reflection or guide on the rest of the domain name industry. To it’s credit, Verisign breaks out the non-.tk numbers separately.

The DNIB reports a rosier quarterly growth comparison — total internet-wide regs were up by 3.8 million names, or 1.0%.

The company’s own .com did well, growing by 2.4 million names to end June at 157 million. Even .net did better than usual, adding a net of a couple hundred thousand names, to 13.6 million.

All the top 10 ccTLDs were flat sequentially after rounding, with the exception of Brazil’s .br, which was up by 200,000 names.

Total ccTLD regs were 157.7 million, up 1.2 million sequentially but down 2.4 million year-over year. Factoring out .tk, the increases were 1.2 million and 400,000 respectively.

The second quarter of last year was a bit of a boom time for many registries due largely to the lockdown bump, which saw businesses in many countries rush to get online to survive pandemic restrictions.

Tokelau can not be blamed for the whopping 8.8 million decline in new gTLD registrations between the Junes, of course.

About six million of the plummet can be blamed on heavily discounted .icu, which saw its first junk drop begin about a year ago, and another two million seem to be attributable to .top.

Quarterly, the picture was a little brighter — Verisign says new gTLDs were up by under 100,000 compared to Q1 at 22.9 million.

6 Comments Tagged: .icu, .tk, .top, dnib, newgTLDs, verisign

Toilet-maker’s dot-brand gets flushed

A Japanese building materials company known for its smart toilets has become the latest multi-billion-dollar brand to decide it doesn’t need a gTLD of its own.

Lixil, which turned over roughly $12 billion in its last fiscal year, has told ICANN to tear up its .lixil registry agreement.

No specific reason was given, but it appears the gTLD was lightly used — just one domain was active, and it redirected to lixil.com.

As usual, ICANN has determined that, as a dot-brand, .lixil will not be redelegated and instead simply removed from the root.

It’s number 94 on the dot-brand dead list, the sixth this year.

4 Comments

Latest geo-gTLD goes to sunrise

After a protracted limited registration process, the latest geographic gTLD is due to shortly go live.

.zuerich, representing the canton and city of Zürich in Switzerland, went into sunrise yesterday. Registrations come with residency restrictions.

The sunrise runs the whole month of September, to be followed by a month-long limited registration period. General availability comes November 22.

In DNS terms, Zürich has the misfortune of having a diacritic in its name. While it could have applied for an internationalized domain name variant, it chose to deumlautize the string with the addition of a “E” instead.

The gTLD has been in the root for almost seven years, believe it or not, but it only now getting around to its formal launch phases.

ICANN records show its first restricted registration phase started in 2017.

Zone files show 25 live domains, but a web search reveals only one active non-registry web site — an addiction treatment center.

.zuerich is government-run, using CentralNic for registry services.

The canton has around 1.5 million inhabitants, around 440,000 of whom live in the city.

Comment Tagged: .zuerich, geo, geographic, new gTLDs

NameSilo says it’s growing too fast to be acquired

NameSilo Technologies has called off talks to sell its registrar, also called NameSilo, saying the company is growing too fast to exit right now.

The Canadian company grew its domains under management by 578,000 between April 2020 and April this year, when it stood at 3.9 million domains. It says it has since crossed 4.3 million.

The prospective deal, with Dutch acquisition vehicle WGH Holdings was announced last December.

But NameSilo’s CEO Paul Andreola said in a press release:

We believe that the value of Namesilo has grown significantly since the discussions with the prospective buyer began and feel that there is more value to be unlocked over the near to medium term for shareholders.

At the same time, the company reported revenue of $8.4 million for the second quarter, up $900,000 on the same period last year, with adjusted EBITDA of $435,344.

Bookings were up to $9.9 million from $7.6 million.

It was the company’s debt that first spurred acquisition talks. NameSilo says that debt has been reduced from $4.7 million to $3.85 million since March.

1 Comment Tagged: acquisition, financials, namesilo, wgh

Most registrars fail ICANN abuse audit

The large majority of accredited registrars failed an abuse-related audit at the first pass, according to ICANN.

(UPDATE October 14, 2021: ICANN disagrees with this characterization.)

The audit of 126 registrars, representing over 90% of all registered gTLD domains, founds that 111 were “not fully compliant with the [Registrar Accreditation Agreement’s] requirements related to the receiving and handling of DNS abuse reports”.

Only 15 companies passed with flying colors, ICANN said.

A further 92 have already put in place changes to address the identified concerns, with 19 more still struggling to come into compliance.

The particular parts of the RAA being audited require registrars to publish an abuse email address that it monitored 24/7 and to take action on well-founded cases of abuse within 24 hours of notification.

The results of the audit, carried out by ICANN Compliance and KPMG, can be found here (pdf).

16 Comments Tagged: abuse, audit, dns abuse, ICANN, security

More privacy headaches? UK to withdraw from GDPR

The UK is to craft its own privacy legislation, after Brexit enabled it to extricate itself from the EU’s General Data Protection Regulation, potentially causing headaches for domain name companies.

While it’s still in the very early pre-consultation stages, the government announced today that it wants “to make the country’s data regime even more ambitious, pro-growth and innovation-friendly, while still being underpinned by secure and trustworthy privacy standards.”

The country looks to be heading to a new privacy regime that registries and registrars doing business there will have to comply with, particular with regard to Whois services, in other words.

But it might not be too bad — the government is talking up plans to make “data adequacy” deals with third countries to enable the easy, legal transfer of private data across borders, which is always useful in the context of domain names.

While the UK is no longer in the EU, most EU laws including GDPR were grandfathered in and are still in effect.

Comment Tagged: gdrp, whois

Bizarre redactions in Pirate Bay founder’s ICANN registrar ban

ICANN has finally published a complaint from Pirate Bay founder Peter Sunde, who has been banned from owning an accredited registrar, but it’s full of bizarre redactions that serve only to make it look like the Org is hiding something.

You may recall that Sunde said in March that ICANN had rejected his application to have his registrar, Sarek, formally accredited.

He told DI that it happened because ICANN was worried he’d be a “pain in the ass” due to his previous association with the Pirate Bay file-sharing site and his criminal conviction for copyright infringement.

Not long after speaking to us, he filed a formal complaint with ICANN, which ICANN, five months later, published this week.

There’s not much in the complaint (pdf) that we have not already reported, but what’s notable is the amount of unnecessarily redacted text.

ICANN seems chiefly concerned with poorly obfuscating the identity of the staffer with whom Sunde was dealing on, and who ultimately rejected, his accreditation application.

The Org goes to the extent of redacting gender pronouns, so the reader can’t tell whether the person in question is male or female.

But the information that remains unredacted in the very same sentence is more than sufficient to identify the staffer concerned.

I’ve even been on national TV mentioning [NAME REDACTED] that I talked to today, regarding [PRONOUN REDACTED] failure to disclose the 3200 comments that was against the price cap removal of .ORG in [PRONOUN REDACTED] summary report for ICANN regarding the case.

The person who compiled the comment summary on the .org price caps issue, a public document (pdf), was Russ Weinstein, who’s also the guy in charge of registrar accreditation matters.

What possible benefit could be had from obfuscating his identity? And if doing so is so important, why do it in such an incompetent way?

The document also appears to redact the names of Facebook CEO Mark Zuckerberg and Swedish prog-rocker Björn Afzelius, both in the context of well-reported news stories mere seconds away in a search engine.

Reference to Sunde’s own criminal convictions, which are also well-reported and he has never been shy about addressing, also appear to be redacted.

For avoidance of doubt, I’m not saying that ICANN is hiding anything sinister, nor am I saying Sunde’s complaint has merit, but this redaction-happy attitude serves only to make the Org appear less transparent than it really should be.

If these redactions are attempts to hide personally identifiable information under ICANN’s privacy policy, they failed miserably on pretty much every count, even after five months.

This is privacy theater, created by people who don’t know the first thing about privacy.

ICANN has yet to respond Sunde’s complaint.

2 Comments Tagged: accreditation, complaints, ICANN, redactions, transparency