UK gov takes its lead from ICANN on DNS abuse
The UK government has set out how it intends to regulate UK-related top-level domain registries, and it’s taken its lead mostly from existing ICANN policies.
The Department for Science, Innovation and Technology said last year that it was to activate the parts of the Digital Economy Act of 2010 that allow it to seize control of TLDs such as .uk, .london, .scot, .wales and .cymru, should those registries fail to tackle abuse in future.
It ran a public consultation that attracted a few dozen responses, but has seemingly decided to stick to its original definitions of abuse and cybersquatting, which were cooked up with .uk registry Nominet and others and closely align to industry norms.
DSIT plans to define abuse in the same five categories as ICANN does — phishing, pharming, botnets, malware and vector spam (spam that is used to serve up the first four types of attack) — in its response to the consultation, published yesterday (pdf).
But it’s stronger on child sexual abuse material than ICANN. While registries and registrars have developed a “Framework to Address Abuse” that says they “should” take down domains publishing CSAM, ICANN itself has no contractual prohibitions on such content.
DSIT said it will require UK-related registries to have “adequate policies and procedures” to combat CSAM in their zones. The definition of CSAM follows existing UK law in being broader than elsewhere in the world, including artworks such as cartoons and manga where no real children are harmed.
DSIT said it will define cybersquatting as “the pre-emptive, bad faith registration of trade marks as domain names by third parties who do not possess rights in such names”. The definition omits the “and is being used in bad faith” terminology used in ICANN’s UDRP. DSIT’s definition includes typosquatting.
In response to the new document, Nominet tweeted:
The response highlights that Government recognises the work registries already do to support law enforcement agencies prevent the registration of domains to carry out illegal activity and "expect the existing voluntary arrangements to be used as the first port of call".
— Nominet (@Nominet) February 23, 2024
DSIT said it will draft its regulations “over the coming months”.
Monster.com slams .jobs plan
Monster.com and the US Chamber of Commerce have ripped into Employ Media’s plans to liberalize the .jobs top-level domain, with Monster calling the plan “anti-competitive”.
Both organizations have over the last two days said they support the ICANN Reconsideration Request I reported on here.
Essentially, they want ICANN’s board to reverse the decision that would allow Employ Media, the .jobs registry, to start leasing thousands of .jobs domains to whichever company offers it the best deal.
Monster said (pdf) this:
The Board has, without proper consideration and deliberation, consented to the privatization and capture of a sponsored top-level domain (“sTLD”) by a single registrant or small group of registrants.
The jobs boards market is pissed that Employ Media has already made it pretty obvious that it plans to lease thousands of premium domains to the DirectEmployers Association.
Monster claims that the ICANN decision to allow the registry to start accepting “non-company-name” registrations violates the original .JOBS Charter, which limited the registrant pool to companies that wanted to advertise their own vacancies at “company.jobs” URLs.
The company says that the move could create “serious consequences for ICANN’s credibility” as it rolls out new TLDs, on the basis that it sets a bad precedent for ostensibly restricted “community” TLDs:
ICANN will be viewed as willing to tolerate sweeping, unauthorized changes to community based TLDs with no regard for the representations made during the application process.
Monster also says that the board’s decision “has broad anti-competitive implications that were not examined by staff”.
The US Chamber of Commerce, which has previously opposed TLD expansion in principle, has also chipped in (pdf) with its opposition, echoing Monster’s thoughts and adding that the proposed .jobs expansion fails to protect IP rights.
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