ICANN suggests its Covid waiver may be worthless

The controversial legal waiver ICANN is insisting you agree to before attending its next public meeting may not be worth the pixels it’s written with, judging by the Org’s latest statement on the matter.

In an updated FAQ, posted in response to a complaint from Blacknight, ICANN now states:

Attending an ICANN meeting remains a risk-based analysis for each attendee, recognizing that sometimes things can and do go wrong. A liability waiver helps enshrine that ICANN’s funds should not be used to defend ICANN against items for which ICANN itself should not be held liable. Protecting ICANN in this way helps support ICANN’s continued ability to serve its mission.

But it denies that the waiver is as all-encompassing as some fear:

There will be times, of course, where ICANN might not perform to an expected best practice, and that might be the cause of injury or damage to an attendee. Those claims against ICANN are not waived.

This apparently contradicts the waiver itself, which continues to say:

I knowingly and freely assume all risks related to illness and infectious diseases, including but not limited to COVID-19, even if arising from the negligence or fault of ICANN.

It also continues to require you to sign away your rights to sue, and your kids’ rights to sue, even if you die of Covid-19 due to ICANN’s “gross negligence”.

There may be a way to avoid the waiver.

Based on my experience, it appears that the waiver is presented in the registration path if you click the box indicating that you will be attending in-person, but if you ALSO check the box saying you’ll be attending remotely then the waiver does not appear.

So if you’re planning on attending in a hybrid fashion, perhaps in-person for only a day or two and on Zoom for the balance, ICANN doesn’t need you to waive your rights.

I expect this is a glitch in how the web form is configured that will probably be fixed not too long after I publish this article.

ICANN 74 will take place in The Hague, and Zoom, in June.

2 Comments Tagged: coronavirus, covid-19, ICANN, icann 74, pandemic, the hague

Domain sales exempt from US sanctions on Russia

A variety of internet technologies, including domain name registration services, have been declared exempt from US sanctions on Russia.

The Department of the Treasury’s Office of Foreign Assets Control has issued a notice (pdf) specifically authorizing the export to Russia for the following:

services, software, hardware, or technology incident to the exchange of communications over the internet, such as instant messaging, videoconferencing, chat and email, social networking, sharing of photos, movies, and documents, web browsing, blogging, web hosting, and domain name registration services

The move is reportedly meant to support independent media’s and activists’ fight against Russian government propaganda during the Ukrainian invasion.

Some US registrars, including Namecheap and GoDaddy, have chosen to restrict their Russian customer base on ethical grounds since the first week of the war in Ukraine.

Namecheap, which has many staff in Ukraine, has banned all Russian custom other than those actively opposing the Putin government.

Comment Tagged: russia, sanctions, ukraine, war

African Union can’t register .africa domain

File this one under “ironic”. Also file it under “Maarten Botterman might be the worst pen-pal in history.”

It turns out that the African Union has been unable to register its domain of choice in the .africa gTLD — for which AU support was a crucial and divisive deal-breaker — because of rules insisted upon by governments.

The AU Commission’s vice chair, Kwesi Quartey, has asked ICANN to release the string “au” from the list that all contracted registries have to agree to reserve because they match the names or acronyms of intergovernmental organizations (IGOs).

The AU is an IGO, so its string is protected from being registered by anyone, including itself.

Quartey wrote, in a letter (pdf) to ICANN chair Botterman:

Unfortunately inclusion of the AU label within the IGO List had the unintended consequence of preventing any third party, including the African Union, from registering the acronym as a domain name (au.africa), yet there is an urgent need to change the African Union digital identifier on the internet from au.int to the .africa domain name.

“Urgent need”, you say? That’s ICANN’s specialty!

Botterman immediately sprang into action and sent his urgent reply (pdf), waiting just 21 short months from Quartey’s July 2020 urgent request to urgently pass the buck to the Governmental Advisory Committee.

Only the GAC can ask for a protected acronym to be removed from the list, he wrote. ICANN Org and board have their hands tied.

Also, removing “au” from the list will release it in all gTLDs, potentially allowing it to be registered by third parties in hundreds of other zones, so watch out for that, Botterman noted.

An additional wrinkle not noted in the letter, which may help or hinder the AU, is that Australia also has rights to the same string under an entirely different new gTLD program reserved list, because it matches the Aussie ccTLD.

You’ll recall that .africa was a contested gTLD in which AU support was the deciding factor.

The AU had originally offered to support a bid from DotConnectAfrica, but after the new gTLD program got underway it withdrew that support and conducted a registry tender that was won by ZA Central Registry, which now runs .africa.

DCA has been pursuing ICANN about this in arbitration and the courts ever since.

2 Comments Tagged: .au, africa, auc, dotconnectafrica, gac, igos, reserved

Microsoft seizes domains Russia was using to attack Ukraine

Microsoft says it has taken control of some domain names that we being using by hackers connected to the Russian security services to launch cyber attacks against Ukrainian, US and EU targets.

Company VP Tom Burt wrote that seven domains used by a group called Strontium were seized via a US court order and redirected to a Microsoft sinkhole, disrupting these attacks.

Burt wrote that the targets were Ukrainian media organizations and US and EU foreign policy think tanks, adding:

We believe Strontium was attempting to establish long-term access to the systems of its targets, provide tactical support for the physical invasion and exfiltrate sensitive information.

One wonders why Russia would use domains under US jurisdiction to conduct such attacks.

1 Comment Tagged: Microsoft, russia, ukraine, war

Blacknight objects to ICANN 74 Covid waiver

Irish registrar Blacknight has objected to ICANN’s demand that attendees at its forthcoming 74th public meeting sign a legal waiver over the potential for Covid-19 infections.

CEO Michele Neylon has written (pdf) to his ICANN counterpart and chair Maarten Botterman to complain that the waiver is “excessive” and “unreasonable”.

Neylon said he’d consulted his lawyer and concluded: “I cannot sign this waiver and I obviously cannot ask any of my staff to do so either.”

“[The lawyers] agree that you would want to reduce your liability, but you cannot expect people to grant you a blanket exclusion of liability which includes actual fault,” he wrote.

As I reported earlier in the week, registering for ICANN 74 requires attendees to agree to a waiver which states:

I knowingly and freely assume all risks related to illness and infectious diseases, including but not limited to COVID-19, even if arising from the negligence or fault of ICANN.

The four-day June meeting is set to be the first to have an in-person component — in The Hague, the Netherlands — since the pandemic began two years ago. Zoom participation will also be a prominent feature.

Attendees are strictly expected to be double or triple-vaccinated, wear masks, and socially distance while at the venue. There will also be “health checks” whenever you enter the venue.

Blacknight has no complaint about these precautions, but wants ICANN to reconsider the legal waiver.

1 Comment Tagged: blacknight, coronavirus, covid-19, ICANN, icann 74, pandemic, the hague

DNS Abuse Institute names free tool NetBeacon, promises launch soon

NetBeacon has been picked as the name for the DNS Abuse Institute’s forthcoming free abuse-reporting tool.

The tool is expected to launch in early June, after software was donated by CleanDNS accelerated the development cycle, according to Institute director Graeme Bunton.

The system was previously using the working title CART, for Centralized Abuse Reporting Tool, as I blogged in February.

CleanDNS CEO Jeff Bedser is also on the board of Public Interest Registry, which funds DNSAI. Bunton wrote that PIR approved the use of the CleanDNS software under its conflict of interest policy, with Bedser recusing himself.

NetBeacon is expected to provide a way for authenticated abuse reporters to file complaints in a normalized fashion, potentially streamlining the workflow of registrars that subsequently have to deal with them.

Bunton has said that the service will be free at both ends, funded by non-for-profit PIR.

Comment Tagged: abuse, cleandns, dns abuse institute, netbeacon, pir, security

Radix renewals drive growth as revenue hits $38 million

New gTLD registry Radix brought in revenue of $38 million in 2021, up 35% on the year before, the privately held company said today.

Profit was up 60% over the same period, Radix said, without disclosing the dollar amount.

It made almost as much in renewal revenue in 2021 as it made overall in 2020 — $27 million versus $17.9 million in the prior year. Last year 72% of revenue was standard-fee renewals versus 64% in 2020.

But the revenue from new regs was basically basically flat at $5.7 million versus $5.6 million — 15% versus 20% of overall revenue.

Revenue from premium-tier domains (both new regs and renews) was 12.5% of revenue, or $4.75 million, up from $4.5 million in 2020.

The customer country mix may be a little broader too. Radix said 47% of revenue now comes from the US, which is down from the 64% it reported for the previous year.

The company said .online is still the strongest performer in its portfolio.

Comment Tagged: earnings, financials, new gltds, radix, revenue

GoDaddy formally signs .tv registry contract

GoDaddy has formally taken on the contract to run .tv, the ccTLD for the Pacific island nation of Tuvalu, according to the company.

GoDaddy Registry said that the deal was signed with the Tuvalu government at the Dubai Expo 2020 trade show on March 30.

The company won a tender process last December in which incumbent Versigin, which has been running .tv for 20 years, did not participate.

Tuvalu is expected to get a much bigger share of the revenue than it did under Verisign, which paid $5 million a year, but terms have not been disclosed.

GoDaddy senior director of business development George Pongas said in a press release that the parties are “convinced that together we can position the .tv ccTLD for significant worldwide growth and a new era of brand awareness and community engagement”.

GoDaddy is substantially more customer-facing than Verisign, and controls the registration path, so it’s not difficult to see how this could boost .tv’s sales.

The deal comes at an opportune time, as user-created video content is experiencing something of a boom.

Comment Tagged: .tv, godaddy, godaddy registry, tuvalu, verisign

ICANN lists the reasons I probably won’t be going to ICANN 74

“Don’t blame us if you die!”

That’s one of the messages coming out of ICANN, which has confirmed that it’s returning to in-person meetings for ICANN 74 this June.

The “hybrid” four-day meeting in The Hague is going ahead, but under strict Covid-19 mitigation rules that seem a bit too annoying for this particular potential attendee.

If you want to get in the venue, you’ll need to show proof of a full course of WHO-approved vaccinations, wear a face mask, stay an appropriate distance away from your peers, and subject yourself to a temperature check and “health screening” every time you walk through the door.

You’ll be issued a wrist-band on first entry that you have to keep visible at all times. If you lose it, you’ll have to re-verify your vaccination status.

As somebody who got irritated by even the metal detectors as pre-Covid ICANN meetings, this all seems a bit too much of a hassle for me, despite The Hague being pretty much right on my doorstep. I probably won’t go, at least not for the full four days.

There will be no on-site registration, and you’ll have to register your attendance online five days in advance of the meeting, which begins June 13.

ICANN’s also asking attendees to sign away their rights, and their children’s rights, to sue if they get sick, even if they catch the virus from general counsel John Jeffrey walking up and sneezing a Covid payload directly into their eyes.

As spotted by Michele Neylon, the registration process for ICANN 74 contains an extensive, obligatory waiver that contains the following text:

Participation in the Event includes possible exposure to and illness from infectious diseases including but not limited to COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death exists. I knowingly and freely assume all risks related to illness and infectious diseases, including but not limited to COVID-19, even if arising from the negligence or fault of ICANN. I understand that, unless otherwise confirmed in writing by ICANN, if I am suggested or required to take diagnostic tests, seek medical treatment, extend my stay due to quarantine or illness, or otherwise change travel arrangements, I am responsible for making such arrangements and all costs incurred. I understand that ICANN recommends that I obtain appropriate insurance to cover these risks.

…

I hereby knowingly assume all risks, and covenant not to sue any employees, board members, agents, executives, contractors or volunteers of ICANN or its affiliate for any expense, loss, damage, personal injury, including loss of life, illness, including but not limited to COVID-19, disability, property damage, or property theft or actions of any kind that I may hereafter suffer or sustain before, during, or after the Event, unless said expense, loss, damage, personal injury, including loss of life, illness, disability, property damage or property theft or actions of any kind is caused by the sole, gross negligence of ICANN or its affiliate. This Liability Waiver and Release is specifically binding upon my heirs and assigns and is knowingly given.

I agree to indemnify and hold ICANN and its affiliate harmless from and against any claims, suits, causes of action, loss, liability, damage or costs, including court cost and attorneys’ fees, and fees to enforce this Agreement, that ICANN may incur arising from my involvement in the Event.

This kind of waiver is par for the course with ICANN. Just ask any new gTLD applicant. ICANN really, really doesn’t like being sued.

ICANN has outlined its health-and-safety measures, which may change, here. The waiver can be read during the registration process.

1 Comment Tagged: coronavirus, covid-19, ICANN, icann 74, pandemic, the hague

A public apology for my April Fool’s blog post

Earlier today, I published a lighthearted April Fool Day’s blog post concerning the fictional invasion of Los Angeles by a chthonic demon entity, accidentally summoned by a DNSSEC misconfiguration at an ICANN ceremony.

In the course of the post, I made multiple references to “enslavement” and “madness”, and as a result I’ve received a substantial number of complaints both privately and on social media about my choice of language.

Having considered these complaints, I’d like to publicly acknowledge that slavery and mental health are not laughing matters and should not be the subject of jokes, or even referred to in jokes, under any circumstances.

Please accept my sincerest apologies for these oversights. I shall endeavor to be more sensitive in my choice of words in future.

I am a work in progress.

8 Comments Tagged: april 1