ICANN lawyers want to keep their clients secret

IP lawyers in the ICANN community have come out swinging against proposed rules that would require them to come clean about who they work for, rules that are supported by registrars and governments.

A proposed policy that would force lawyers to disclose the identities of their clients when they participate in policy-making would violate their clients’ human rights, according to the Intellectual Property Constituency.

The criticisms came in response to an ICANN public comment period on a draft Community Participant Code of Conduct Concerning Statements of Interest, which opened in October and closed this week.

The draft would close a loophole that allows ICANN policy makers to keep their potential conflicts of interest secret when “professional ethical obligations” prevent them from disclosing this information.

“When disclosure cannot be made, the participant must not participate in ICANN processes on that issue,” the draft states.

The changes are keenly supported by the Registrar Stakeholder Group as a whole and by GoDaddy and Tucows in particular. As far as the registrars are concerned, the main problem with the draft is the somewhat vague enforcement mechanisms.

GoDaddy, for example, said in its comments:

We recognize that there may be situations in which a party is unable to disclose their client(s), and in those rare cases, GoDaddy agrees with ICANN’s conclusion that the participant forfeits the ability to participate in associated processes.

It added, echoing the RrSG as a whole, that more clarity is needed on enforcement, where the buck seems to stop with the chair of the working group where the disclosure infraction is alleged to have taken place, with no escalation.

On the opposing side are the IPC, the Business Constituency, and the International Trademark Association, which all filed comments criticizing the proposed changes. The IPC said:

The often-argued response of having attorneys not participate if they fail to uphold their ethical duty to their clients effectively vitiates the human right of representation by counsel and is not for the public benefit. ICANN has agreed to uphold human rights and therefore counsel cannot be compelled to disclose client identity.

Two of the concerns from lawyers is that the policy could require their clients to divulge trade secrets, such as whether they intend to apply for a new gTLD in the forthcoming application round.

Perhaps anticipating the Governmental Advisory Committee’s expected support for the policy changes, which was no secret, the IPC also raises the specter of the policy being broad enough to apply to the governments themselves: should they all be compelled to reveal the names of all the lobbyists who knock on their doors?

This forcing of transparency of national interest would significantly inhibit GAC members from fulfilling their role. Imagine a GAC member from one country filing an SOI saying that their government was being lobbied by numerous parties to gain favor in the New gTLD Rounds?

The GAC’s response to the public comment period was in fact cautiously supportive of the rule changes, saying:

Prima facie, the proposal referring to Statements of Interests seems to be in the right direction, and to fulfil the expectations expressed by the GAC. At the same time, the GAC looks forward to the reactions from ICANN org to the views expressed during the public comment period

Like the registrars, the GAC is looking for more clarity on enforcement mechanisms.

The public comments will by summarized for publication mid-December and the ICANN board could take action on the proposals next year.

Facebook cybersquatter asks ICANN to overturn UDRP ruling

A registrant who lost a slam-dunk cybersquatting complaint to Facebook owner Meta has asked ICANN to overturn the ruling, accusing WIPO of of breaching the UDRP rules by not publishing its decision fast enough.

The registrant apparently registered meta-platforms-inc.com earlier this year out of “frustration”, and in a state of some distress, after her social media accounts were closed by Meta. Meta’s full name is Meta Platforms Inc.

The registrant then asked Meta, when contacted by its lawyers, for financial compensation in exchange for the domain, according to WIPO’s findings (pdf).

It’s pretty much a clear-cut case of cybersquatting under the UDRP, and Meta prevailed. The domain was transferred to its ownership.

But the registrant has now complained to ICANN, using its Request for Reconsideration accountability procedure, saying WIPO broke its rules and behaved “fraudulently”.

The RfR is somewhat confusingly written, but the main thrust appears to be based on a misunderstanding of the UDRP rules, which require panels to submit their rulings to WIPO within 14 days of the complaint being submitted.

The registrant takes this to mean that the decisions also need to be published online within 14 days, which doesn’t appear to be the case. She wants the decision overturned on this basis.

Regardless of the merits, the RfR has zero chance of success. UDRP losers have tried and failed to invoke the Reconsideration policy to have their decisions reversed in the past.

Most notably, in 2022 Indian Covid-19 vaccine maker Zydus Lifesciences got miffed about the Reverse Domain Name Hijacking ruling it was given and filed two RfRs with ICANN.

The first was dismissed because RfR is used to challenge ICANN’s decisions and WIPO is not ICANN. In the second case, the Ombuds made a rare intervention to confirm that ICANN has no responsibility for UDRP rulings.

.xxx founder Stuart Lawley has died

Stuart Lawley, who battled ICANN to launch the .xxx gTLD, has reportedly died of a heart attack aged 61.

AVN, a trade publication for the adult video industry, reported the news yesterday, citing his friend Greg Dumas.

While Lawley did not found ICM Registry, he took it over early in its fight for .xxx and ran it through its 2011 launch until its sale to MMX in 2018.

He was in charge during the protracted fight to get ICANN to approve .xxx over the objections of governments and some in the porn industry, which led to a precedent-setting Independent Review Process proceeding, which ICM won.

For the domain industry, Lawley arguably leaves two important legacies — a more accountable ICANN, and the now industry-standard concept of domain-blocking services, which ICM came up with with its “Sunrise B”.

I really liked Stu. I considered him a mate.

He was an extremely low-bullshit source, but our regular conversations back at the height of the .xxx controversy more often than not also diverged into our personal lives — everything from our love lives to our respective blood pressure scores — which doesn’t happen very often in my line of work.

Having sold his scratch-built fax machine company for $200 million in the 1990s, his life was considerably more interesting than mine. It’s because of Stu that, should the opportunity ever present itself, I know why it’s a bad idea to buy a private jet.

We hadn’t talked much since his son, Sabian, was killed by a hit-and-run driver a couple of years ago, a tragic and still-unsolved incident that caused him to retire from business.

Verisign has much to be thankful for as .com contract renewed

Verisign went into the US Thanksgiving weekend with a freshly renewed .com Registry Agreement that allows it to keep control of its cash cow for another six years with price-raising powers the US government admitted it is powerless to rescind.

The deal with ICANN does not change Verisign’s price caps — it will still be allowed to raise prices by 7% in four of the six-year term — but it does allow ICANN to raise the fees it charges by an amount linked to US inflation.

ICANN has already said it plans to increase its fees on all other gTLD registries, so it seems certain .com, which raises more transaction revenue than any other TLD, will get the same notice before long.

The deal means cost-conscious registrants have a bit of breathing space; Verisign is only allowed to raises prices in the final four years of its term, which runs from yesterday until November 30, 2030.

So, no more price hikes until September 2026. Due to the required notice period, designed to allow registrants to lock in renewal pricing, we’ll almost certainly hear Verisign talk about a fee increase in early 2026.

The US government, via the National Telecommunications and Information Administration, also confirmed that it has renewed its Cooperative Agreement, which is where the price caps come from, with the company:

NTIA recognizes concerns about current pricing and believes a reduction in .com prices would be in the best interest of the public. We also recognize that prices at both the wholesale level and downstream, including prices charged by resellers and substantial markups by warehousers, need to be addressed. That said, both parties must agree to any changes in order for the Cooperative Agreement to be amended. Over the past several months, NTIA and Verisign have engaged in serious conversations, but, despite our best efforts, we have been unable to agree how wholesale .com pricing should change.

So the status quo remains, at least regards pricing.

The ICANN contract also requires Verisign to act on reports of DNS abuse — malware, botnets, phishing, pharming, and some spam — for the first time, in line with the standard RA signed by all other gTLDs.

A side deal that sees Verisign pay ICANN a few extra million bucks a year and commit to cooperate on DNS security has also been renewed, with a strong implication that it will too become part of the contractual status quo over the coming year.

RDRS usage hits new low

ICANN’s Registration Data Request Service was used less often in October than in any other month since it launched a year ago, according to the latest statistics.

There were 131 requests for private Whois data in the month, down from the previous low of 141 recorded in May and September’s 189, the monthly report published by ICANN shows.

There were 98 closed requests — another new low — and the mix of granted/refused requests tilted more towards approval than usual, with almost 35% of requests being approved versus 56% denied.

While it took on average 3.41 days for requests to be approved, the average time for denial was an incredible 41.96 days.

Three new registrars joined the voluntary pilot program in October, giving RDRS coverage of 60% of registered gTLD domain names.

The monthly report breaks down the geographic location of requestors and the requestor type for the first time, showing that the US was by far the biggest, followed by the UK, France and Brazil, with American IP owners and law enforcement most likely to request data.

A dot-brand that was actually used is shutting down

It’s been a slow year for self-terminating dot-brand gTLDs, but today we’ve seen our third.

Lipsy, a UK-based women’s fashion retail brand owned by Next, has told ICANN it wants to end its Registry Agreement for .lipsy, which it has operated since 2016.

What’s unusual about this termination is that Lipsy actually had quite a lot of registered domains — at least 133 over the years, of which 132 were still active a month ago.

My records show that all of its domains apart from the registry home page were deleted October 22, the day before the company sent its termination notice to ICANN.

The domains were generally product keywords which pretty much all redirected to next.co.uk or nextdirect.com; Lipsy’s own web site had also redirected to Next’s since 2018.

Almost all of its domains were registered between December 2020 and July 2022. It hasn’t registered any since.

.lipsy was on Verisign’s back-end until May 2023, when it switched to Identity Digital.

GoDaddy’s .xxx contract renewed

GoDaddy’s .xxx gTLD will no longer be “sponsored”, following a vote of ICANN’s board of directors last week.

At its ICANN 81 AGM in Istanbul, the board approved the renewal of GoDaddy subsidiary ICM Registry’s Registry Agreement.

The new deal closely follows the text of the standard RA most other gTLDs use, scrapping restrictions that GoDaddy found onerous but which were vital in getting the deal approved in the first place back in 2011.

It means the end of IFFOR, the International Foundation For Online Responsibility, the largely toothless oversight body that had been tasked with creating policies and issuing grants to worth causes but arguably did neither.

It also means less friction for the .xxx registration process, as registrants will no longer have to affirm they are members of the “sponsored community”, which never existed in any real sense anyway.

Some elements of the original sponsorship agreement, such as strict prohibitions on child sexual abuse material and the suggestion thereof, have been moved to Public Interest Commitments that ICANN could in theory enforce.

In its resolution text, ICANN noted that the Governmental Advisory Committee, which almost got .xxx killed off a couple decades ago, had not felt strongly enough about the new deal to publicly comment on it one way or the other.

.xxx makes most of its money from defensive registrations. It had almost 45,000 domains under management at the end of June, but barely 7,000 of those appeared in its zone file of the same date. That does not included domains blocked via the AdultBlock and GlobalBlock services, which are not counted in any public document but which I estimate are measured in five figures.

ICANN confirms two bans on new gTLD gaming

ICANN’s board of directors has just voted to approve two bans on practices in the new gTLD program that could be considered “gaming”.

It’s banned applicants for the same string from privately paying each other to drop out of contention, such as via private auctions, and has banned singular and plural versions of the same string from coexisting.

The plurals ban means that if, for example, one company applies for .podcast and another applies for .podcasts, they will go into the same contention set and only one will ultimately go live.

It also means that you can’t apply for the single/plural equivalent of an already-existing gTLD. So if you were planning to apply for, oh I dunno, .farms for example, you’re out of luck.

The move should mean that lazy applicants won’t be able to rely on piggybacking on the marketing spend of their plural/singular rivals, or on purely defensive registrations. I will also reduce end-user confusion.

The ban on private contention resolution means that contention sets will largely be resolved via an ICANN-run “auction of last resort”, in which ICANN gets all the money.

In the 2012 application round, private resolution was encouraged, and some companies made tens of millions of dollars from their rivals by losing auctions and withdrawing their applications.

Both bans had been encouraged by ICANN’s Governmental Advisory Committee and received the unanimous support of the board (excluding conflict-related abstentions) at the Org’s AGM in Turkiye this afternoon.

ICANN says it WILL raise its domain taxes soon

Prices in all gTLDs will go up after ICANN told registries and registrars last week that it plans to increase the fees it charges them, sometimes called its “tax”, next year.

The extra fee ICANN takes from registrars for each new domain registration and renewal will increase from $0.18 to $0.20, according to an email sent from ICANN VP Russ Weinstein to registrars Thursday evening.

This fee is typically passed on explicitly and directly to registrants in their registrar’s shopping cart.

Less-visible charges on registries will also go up. The fixed quarterly fee will go from $6,250 per quarter ($25,000 per year) to $6,450 per quarter ($25,800 per year) and the per-transaction fee will go up from $0.25 per year to $0.258 per year.

The registry fee changes will take effect January 1, but the registrar fee changes will not take effect until July 1, 2025, the start of ICANN’s next fiscal year, according to ICANN.

“After more than a decade of no changes to registry-level and registrar-level fees, ICANN would like to increase the fees it charges to both parties,” Weinstein wrote.

The two cents tax increase is big in percentage terms — about 11% — while the registry fee is more in line with US inflation at 3.20%.

The fixed registrar accreditation fee is to stay the same at $4,000 per year, while the variable accreditation fee, which is divided between registrars based on their transaction volume, is going up from a total of $3.42 million to $3.8 million per year.

The increases come as ICANN struggles to fill a $10 million hole in its budget — a situation that has already led to layoffs — and some back-of-the-envelope calculations suggest the combined fee increases are designed to raise annual revenue in that ball-park.

Due to the differences between the standard Registry Agreement and Registrar Accreditation Agreement, ICANN can push through the registry fee increases fairly quickly and unilaterally, while the registrar changes have some red tape.

The two-cent tax increase will be part of ICANN’s usual budget process, which includes a public comment period and consideration by the board of directors, while the variable fee increase will be subject to a registrar vote.

Note: an early, unfinished draft of this post was inadvertently published on Friday, for which I can only apologize.

bit.ليبيا? Libya to get its Arabic ccTLD

Libyan ccTLD .ly is to get an Arabic version, ICANN has said.

The TLD is ليبيا. (Arabic reads left to right, so the dot goes at the end), means “Libya”, and the ASCII Punycode that will actually show up in the DNS is .xn--mgbb7fyab.

ICANN said that the string has passed the String Evaluation phase of the IDN ccTLD Fast Track process and is now eligible for delegation.

It’s not entirely clear how long Libya was in the “Fast Track” process, but Wikipedia has records of requests for ليبيا. going back over a decade. That’s not unusual.

But ليبيا. is an unusual, though not unprecedented, case of an IDN ccTLD set to be delegated to a different manager than the existing Latin-script ccTLD’s registry.

The Arabic version is set to go to the General Authority of Communications and Informatics, Regulatory Affairs Directorate, while .ly is delegated to the General Post and Telecommunication Company.

.ly is of course well known on the Anglophone internet as a domain hack, with the best-known registrant probably URL shortening service bit.ly.