ICANN kicks the can on .web yet again

Did Verisign cheat when it bought .web for $135 million in 2016? ICANN will make its mind up one day, but not today.

The ICANN board of directors has asked the three parties in the contested new gTLD auction for an info dump, so it can decide, presumably before the end of the year, whether to bar the top two bids for breaking the rules.

The Board Accountability Mechanisms Committee has written to Verisign, Nu Dot Co (the proxy Verisign used to hide its bid) and Afilias (aka Altanovo, the second-place bidder) to ask them to condense their last six years of claims and counter-claims into two 75-page documents.

Afilias reckons Verisign and NDC broke the rules by not disclosing that the former was secretly bankrolling the latter’s winning bid. It wants the bid invalidated, allowing Afilias to take over .web for a cheaper price.

Verisign has counter-claimed that Afilias should be disqualified for allegedly privately communicating with NDC during a pre-auction comms blackout period. It’s published screenshots of text messages it says prove this took place.

The Independent Review Process complaint against ICANN technically resulted in a win for Afilias, with the IRP panel ruling that ICANN broke its bylaws by not making a decision on Verisign’s alleged rule-breaking back in 2016.

That decision was reached in December, and ICANN has been faffing around pointedly not making a decision ever since.

Now, BAMC wants the parties to present their final pleadings in this ongoing drama.

It wants both side to “provide a comprehensive written summary of their claims and the materials supporting their claims” in order “to ensure that the BAMC is reviewing a complete picture of the parties’ positions”.

I don’t think there’s anything untoward about this — BAMC is basically just doing what the IRP panel told it to, albeit it in a roundabout way — but it is a little surprising that it thinks there isn’t enough information about their complaints in the public domain already.

As well as three years of legal filings, there are extensive transcripts of seven days of hearings that took place in 2020. ICANN will have access to the unredacted versions, too, which include details of the Verisign-NDC deal that the rest of us aren’t allowed to look at.

Maybe there’s just too much information to wade through.

Under the BAMC’s new process, the parties have until July 15 to present their cases, then another month to rebut their opponents with a further 30-page document.

Assuming the subsequent decision proceeds at ICANN Speed (which is to say, glacial) I don’t think we can reasonably expect a decision before the fourth quarter.

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.

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.

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.

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.

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.

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.

Blockchain domains pose “significant risks” to internet, says ICANN

The internet could be fragmented and made less secure by the proliferation of blockchain-based naming systems, according to a recent position statement from ICANN’s chief technology officer.

The report, “Challenges with Alternative Name Systems” (pdf) worries aloud about systems such as Namecoin, Ethereum Naming Service, Unstoppable Domains, and Handshake.

It says: “the creation of new namespaces without any coordination (either among themselves nor with the DNS) will necessarily lead to name collisions, unexpected behaviors, and user frustration.”

“The end result might very well be completely separate ecosystems, one for each naming system, further fragmenting the Internet,” it concludes.

It’s a pretty brisk, high-level, 15-page summary of the various alt-root naming systems grouped around the “Web3” meme that have been gaining various levels of popularity over the last few years.

It doesn’t drill too far down into any of them and doesn’t really say much that we haven’t heard from ICANN before about blockchain naming, but it does broadly cover what’s out there, how these systems are used, and why they pose risks.

Opposition to alt-roots is an almost foundational principle of ICANN, documented in ICP-3, a 21-year-old document that dates from a time when alt-roots used standard DNS but with different root servers.

ICANN has in the last year pushed back against the newer blockchain-based alts, most prominently by delaying the sale of some gTLD contracts and forcing registry’s to renounce their ownership rights to gTLD strings.

One new addition to the debate that caught my eye was OCTO noting that a lack of coordination between the various alt-roots in operation today presents similar kinds of interoperability risks as does the lack of coordination between the alts and the authoritative root.

It notes that “at least four blockchain-based naming systems are competing today” and as a result “when developing an application, one must decide which blockchain-based naming system to use.”

“As there is no namespace coordination mechanism between those alternative naming systems, name collisions must be expected,” it says.

UPDATE: This story was updated at 2232 UTC to change the headline from “Blockchain poses ‘significant risks’ to internet, says ICANN” to “Blockchain domains pose ‘significant risks’ to internet, says ICANN”

Russian registry hit with second breach notice after downtime

ICANN has issued another breach notice against the registry for .gdn, which seems to be suffering technical problems and isn’t up-to-date on its bills.

Navigation-Information Systems seems to have experienced about 36 hours of Whois/RDDS downtime starting from April 22, and is past due with its quarterly ICANN fees, according to the notice.

Contractually, if ICANN’s probes detect downtime of Whois more than 24 hours per week, that’s enough to trigger emergency measures, allowing ICANN to migrate the TLD to an Emergency Back-End Registry Operator.

Today, the registry’s web site hasn’t resolved for me in several hours, timing out instead, suggesting serious technical problems. Other non-registry .gdn web sites seem to work just fine.

NIS seems to be a Russian company — although most ICANN records give addresses in Dubai and Toronto — so it might be tempting to speculate that its troubles might be a result of some kind of cyber-war related to the Ukraine invasion.

But it’s not the first time this has happened by a long shot.

The company experienced a pretty much identical problem twice a year earlier, and it seems to have happened in 2018 and 2019 also.

NIS just can’t seem to keep its Whois up.

According to the breach notice, whenever Compliance manages to reach the registry’s 24/7 emergency contact they’re told he/she can’t help.

ICANN has given the registry until May 29 to fix its systems and pay up, or risk termination.

.gdn was originally applied for as something related to satellites, but it launched as an open generic that attracted over 300,000 registrations, mostly via disgraced registrar AlpNames, earning it a leading position in spam blocklists. Today, it has around 11,000 names under management, mostly via a Dubai registrar that seems to deal purely in .gdn names.

Two countries could lose registrar competition after breach notices

ICANN has issued breach-of-contract notices to two small registrars, potentially reducing the number of accredited registrars in two countries to just one.

It’s sent notices to Tecnologia, Desarrollo Y Mercado S de RL de CV, one of two accredited registrars based in Honduras, and to Innovadeus, one of only two in Bangladesh.

In the former case, ICANN claims TDM has failed to respond to abuse reports and has been generally sluggish and reluctant to cooperate with Compliance requests.

In the case of Innovadeus, it claims the registrar — which records show has lost almost all of its domains under management in the last couple of years — has failed to pay its accreditation fees.

TDM has been told to shape up by May 27. Innovadeus has been given until May 26 to pay up. Failure in either case could mean termination.