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ICANN to “stand up” to Russia at the ITU

Kevin Murphy, September 20, 2022, Domain Policy

ICANN is a non-political organization, but it cannot tolerate the platform of the Russian standing to be the secretary-general of the International Telecommunications Union.

CEO Göran Marby took a fairly bellicose tone in denouncing the platform at two sessions of ICANN 75 in Kuala Lumpur yesterday, warning that the election of Russian nominee Rashid Ismailov could not only destroy ICANN’s multistakeholder model but also internet interoperability in general.

Russia is pushing a position under which the powers of organizations such as ICANN, the Regional Internet Registries and standards-setting groups would be consumed by the ITU and managed in an multilateral, rather than multistakeholder, fashion.

Marby was asked a question about the election, due to take place at the ITU Plenipotentiary Conference in Bucharest starting next week, during an open-mic Q&A with the community yesterday.

“We are not campaigning against, but we are reflecting on the fact that one of the candidates does not like what you do here, your ability to walk up to the microphone and ask that question. You can’t do that in the UN setting,” he said.

“There’s a really really big risk that we will lose that ability for you,” he said, adding that he is concerned “that people around the world might not be able to connect to one single interoperable internet”.

“We are strictly neutral when it comes to who becomes the Secretary General,” he said. “We vividly oppose one of the platforms, that the Russian potential Secretary General stands for.”

“We are not a political organization, but we stand up one time… when we see proposals that would disconnect people from the internet or actually make it impossible for you to be here and make policies, that is when we go out and react. That’s the only time,” he said.

During remarks earlier in the day at the ICANN 75 opening ceremony, Marby addressed the same topic in slightly more evocative terms.

“What we do is like fighting for peace. You don’t fight for peace when war has broken out, you fight for peace before. We have to continue to work for the multistakeholder model now before it’s challenged too much,” he said.

Was this a deliberate allusion to the Russian invasion of Ukraine? Marby and/or his speechwriter can’t have been blind to the connotations.

Ismailov’s opponent in the election is Doreen Bogdan-Martin, an American with a much more acceptable policy platform.

ICANN earlier in the year published a paper (pdf) analyzing Russia’s stance on global internet policy. Marby’s remarks this week echo a warning he gave a year ago at ICANN 72.

In an explicit response to the opening ceremony remarks, on Tuesday Russia’s representative on the Governmental Advisory Committee offered a passionate defense of the Russian candidate, telling the GAC and ICANN’s board that his platform is about the “harmonization of ICT”.

He said that the role of the ITU secretary general is a neutral one, and not representative of any particular state.

During the same session Ukraine pleaded for more support, specifically in the form of satellite internet terminals, following ICANN’s donation of $1 million to support infrastructure projects in the war zone.

A million people are without internet access, he said, and rebuilding fiber networks destroyed by Russian missiles will take months because the fields are often mined.

Surprise new chair for ICANN announced

Kevin Murphy, September 19, 2022, Domain Policy

The King is dead, long live the Queen!

(Too soon?)

ICANN announced today that Tripti Sinha will be taking over as chair of the organization’s board of directors this Thursday, with Maarten Botterman taking an unexpectedly early bath.

The news was delivered by Botterman this morning during the opening ceremony of ICANN 75, being held in Kuala Lumpur, Malaysia this week. He added that Danko Jevtovic will take over from Leon Sanchez as vice-chair.

No reason for the decision, which appears to have been made at a board meeting yesterday, was given.

While Botterman’s second term on the board ends this week, he was only recently reselected by the Nominating Committee for a third and final three-year term, a term he appears to be intent on serving as a regular director.

Sinha becomes ICANN’s seventh chair since its inception, and the third (after Vint Cerf and Steve Crocker) to come very much from a technology rather than legal or policy-making background.

She’s currently CTO at the University of Maryland, where among other things she oversees the university’s operation of D-root, one of the internet’s 13 DNS root servers.

On the ICANN board, she already sits on five committees and chairs the Board Governance Committee.

She was born in India, but seems to have lived in the US for most of her adult life. It’s not clear whether she’s in the North America or Asia-Pacific column for purposes of geographic diversity under ICANN bylaws.

Jevtovic comes from the ccTLD world in Serbia, first with Yugoslavia’s .yu and then with Serbia’s current .rs domain.

Sinha’s new role comes with a salary bump from $45,000 to $75,000 and, one presumes, much more stress.

Both Sinha and Jevtovic are NomCom appointees with two years left on their second terms.

ICANN finished year $24 million ahead but loses $29 million on the markets

Kevin Murphy, September 15, 2022, Domain Policy

ICANN came out of fiscal 2022 $24 million ahead of its budget due to lower travel expenses and greater domain sales than expected, but blew $29 million on poor investments, according to financial results published today.

The Org ended June having received $150 million, mostly from registries and registrars, which was $5 million more than it had budgeted for.

Fixed, variable and transaction-based fees accounted for most of the difference. Registrars sold more domains than ICANN predicted, and fewer registries and registrars cancelled their contracts.

Verisign of course was the biggest contributor, accounting for over a third of revenue — $49 million for .com/.net fees alone. On the registrar side, GoDaddy contributed over $11.2 million.

GoDaddy’s contribution is actually a little higher than all the 131 participating ccTLDs’ voluntary donations combined, which came in at $11 million.

Expenses were $125 million, against a budget of $143 million. That was mostly due to the fact that two of its three meetings were held entirely online, so ICANN didn’t have to pay its staff and volunteers’ travel expenses.

It spent $3 million on meetings in the year, against a $10 million budget.

When the budget was passed in May 2021, ICANN had expected all three meetings to take place in person, with international travel “unrestricted” despite the pandemic.

Expenses were also affected by a lower-than-expected headcount. Average headcount was down by three on FY21 at 389, compared to the 405 predicted by the budget.

Despite the over-performance at the operating level, ICANN’s balance sheet actually declined compared to a year earlier.

It had funds under management of $505.5 million compared to $520 million, having lost $29 million due to “investment declines in the Reserve Fund due to volatility in the financial markets”. Its portfolio is still $9 million ahead compared to five years ago, however.

Whois Disclosure System to cost up to $3.3 million, run for one year

Kevin Murphy, September 13, 2022, Domain Policy

ICANN has published its game plan for rolling out a Whois Disclosure System ahead of next week’s ICANN 75 public meeting in Kuala Lumpur.

The Org reckons the system will take nine months to build and will cost up to $3.3 million to develop and run for two years, although it might wind up getting shut down after just one year.

The Whois Disclosure System, previously known as SSAD Light, is a mechanism whereby anyone with an ICANN account — probably mainly IP lawyers in practice — can request unredacted private Whois data from registrars.

The system is to be built using retooled software from the current Centralized Zone Data Service, which acts as a hub for researchers who want to request zone files from gTLD registry operators.

ICANN’s design paper (pdf), which contains many mock-ups of the likely user interface, describes the new system like this:

Just as in CZDS, a requestor navigates to the WHOIS Disclosure System web page, logs into their ICANN Account, and is presented with a user experience much like the current CZDS. In this experience, requestors can see pending and past requests as well as metadata (timestamps, status, etc.) associated with those requests. For a requestor’s pending requests, they can see all the information related to that request.

Requests filed with the system will be routed to the relevant registrar via the Naming Services Portal, whereupon the registrar can choose how to deal with it. The system doesn’t change the fact that registrars have this discretion.

But the system will be voluntary for not only the requesters — who can still contact the registrar directly if they wish — but also the registrars. One can imagine smaller and frequently abused registrars won’t want the hassle.

The cost of this system will be $2.7 million in staffing costs, with $90,000 in external licensing costs and another $500,000 in contingency costs. Because ICANN has not budgeted for this, it will come from the Supplemental Fund for Implementation of Community Recommendations, which I believe currently has about $20 million in it.

This is far and away cheaper than the full-fat SSAD originally proposed by the GNSO, which ICANN in January estimated could cost up to $27 million to build over five years.

While cheaper, there are still substantial questions remaining about whether it will be popularly used, and whether it will be useful in getting private Whois data into the hands of the people who say they need it.

ICANN is saying that the Whois Disclosure System will run for one year “at which point the data sets collected will be analyzed and presented for further discussion between the GNSO Council and Board”.

The design paper will be discussed at multiple ICANN 75 sessions, starting this weekend.

ICANN director’s registry CEO job up for grabs

Kevin Murphy, September 12, 2022, Domain Registries

DotAsia is looking for a new CEO after 15 years of operation, DI understands.

Edmon Chung has been made Acting CEO and the board of the registry will start looking for a replacement by October 7, according to a source.

I’m told the board passed a resolution last week stating: “In pursuit of the fundamentals of transparency, accountability and fair competition, and in the DotAsia community best interests, the CEO contract should be put for open tender”.

Chung, who joined ICANN’s board of directors a year ago, will not be barred from reapplying for his job.

DotAsia, which of course runs .asia, was one of the successful registries in ICANN’s 2003 “sponsored” gTLD round.

The TLD launched in 2017 and currently has around 200,000 domains under management.

The DotAsia Organization in a non-profit entity with a complicated organizational structure involving several Asian ccTLDs.

New ICANN contracts chart the death throes of Whois

Kevin Murphy, September 12, 2022, Domain Policy

Whois is on its death bed, and new versions of ICANN’s standard contracts put a timeline to its demise.

The Org has posted proposed updates to its Registrar Accreditation Agreement and Registry Agreement, and most of the changes focus on the industry-wide transition from the Whois standard to the newer Registration Data Access Protocol.

We’re only talking about a change in the technical spec and terminology here. There’ll still be query services you can use to look up the owner of a domain and get a bunch of redactions in response. People will probably still even refer to it as “Whois”.

But when the new RAA goes into effect, likely next year, registrars and registries will have roughly 18 months to make the transition from Whois to RDAP.

Following the contract’s effective date there’ll be an “RDAP Ramp-up Period” during which registrars will not be bound by RDAP service-level agreements. That runs for 180 days.

After the end of that phase, registrars will only have to keep their Whois functioning for another 360 days, until the “WHOIS Services Sunset Date”. After that, they’ll be free to turn Whois off or keep it running (still regulated by ICANN) as they please.

ICANN’s CEO and the chair of the Registrars Stakeholder Group will be able to delay this sunset date if necessary.

Most registrars already run an RDAP server, following an order from ICANN in 2019. IANA publishes a list of the service URLs. One registrar has already lost its accreditation in part because it did not deploy one.

There’ll be implementation work for some registrars, particularly smaller ones, to come into compliance with the new RAA, no doubt.

There’ll also be changes needed for third-party software and services that leverage Whois in some way, such as in the security field or even basic query services. Anyone not keeping track of ICANN rules could be in for a sharp shock in a couple of years.

The contracted parties have been negotiating these changes behind closed doors for almost three years. It’s been almost a decade since the last RAA was agreed.

The contracts are open for public comment until October 24.

ICANN throws out prostitution complaint

Kevin Murphy, August 30, 2022, Domain Policy

ICANN has rejected a complaint from a man about a web site apparently offering prostitution services.

As I reported last month, the American had filed a Request for Reconsideration with ICANN’s board of directors after his complaints to Compliance about Namecheap were rejected.

He’s unhappy that US-based Namecheap won’t take down the domain adultsearch.com, which operates as a marketplace for sex workers, many of whom are offering services that may well be illegal in most parts of the US.

But ICANN’s Board Governance Committee rejected the complaint (pdf) for lack of standing.

While the ruling is procedural, rather than substantive, the BGC does spend quite a lot of time tying itself in knots to show that while the complainant may well believe prostitution is harmful to society in general, he failed to state how he, specifically, had been harmed.

The decision also directly references the part of the request the requester has specifically asked to be redacted (but was not).

Did a sexy Russian spy nerf the o.com auction?

Kevin Murphy, August 29, 2022, Domain Registries

It’s been over three years since Verisign won the right to auction off the domain name o.com for charity, and so far there’s no sign of a sale. Could a pro-Trump conspiracy theorist’s affair with a Russian spy be the reason?

The .com registry operator received permission from ICANN for a one-off auction — a unique exception to the decades-old convention that single-character .com domains are reserved — in March 2019, and that was the last we heard of it.

There’s been no announcement of an auction date, and neither ICANN nor Verisign have mentioned it since.

I asked Verisign a couple of weeks ago what the company’s plans were and at the weekend received the reply: “Thanks for reaching out and your interest is noted. Once there is an update, we will reach back out to you.”

I don’t think I’m getting into conspiracy theory territory to suggest that the reason for the lack of movement is that the domain’s most likely buyer, the man most likely behind Verisign asking ICANN’s permission in the first place, lost his job a few months after the auction was approved.

When in 2017 Verisign filed its request with ICANN it was widely believed to be primarily the result of a pressure campaign by Patrick Byrne, then-CEO of online retailer Overstock.com, that had gone on for over a decade.

Byrne had been nagging Verisign and ICANN to let him register the domain since at least 2004, as this published correspondence (pdf) illustrates.

Former senior ICANN staffer Kurt Pritz later recounted how Byrne “slid a check for $1,000,000 payable to ICANN across my desk” to persuade a then-broke ICANN to release the name, around the same time. The offer was rebuffed.

Byrne’s obsession with o.com continued, but in 2010 he seemed to throw in the towel briefly when Overstock paid relaunching Colombian ccTLD operator .CO Internet a whopping $350,000 for the domain o.co, which Overstock promptly rebranded around.

Overstock even purchased the naming rights to the Oakland Coliseum baseball stadium, which was known as the O.co Coliseum from 2011 to 2016.

But rebranding is always a risk, not least when it’s to an unfamiliar TLD, and Byrne admitted in 2012 that the move had been a huge mistake.

“O.co was my bad call,” Byrne said at the time, adding that “about eight out of 13 people who were trying to visit us through O.co, eight were typing O.com”.

So when Verisign got the nod to sell o.com, you might have expected Byrne to be champing at the bit.

But in August 2019, Byrne quit Overstock after it emerged he had been in a sexual relationship — according to him encouraged by shadowy FBI agents — with a Russian woman half his age convicted in the US of being a spy in 2018.

Byrne admitted the reportedly three-year relationship with Maria Butina, who after her release from US prison became a member of Russia’s parliament with Putin’s United Russia party, in August 2019. It’s a pretty wild story.

He quit his job at Overstock, the company he had founded, at the same time and a month later sold all his stock in the company.

Byrne has since gone on to be a full-time conspiracy theorist, including reportedly being one of several people who, in December 2020, had a bizarre White House meeting in which they attempted to explain to then-President Trump how the 2020 election had been stolen — the birth of the “Big Lie”.

That was reportedly the first time he had met Trump. There’s no evidence I’m aware of that he had the president’s ear while Verisign was asking his administration to lift the price freeze on .com domains, which it did in 2018.

Conspiracies aside, it’s undoubtedly true that Byrne’s resignation means Verisign has lost its most motivated bidder for o.com, so an auction would likely prove disappointing, unless Oprah Winfrey is feeling particularly frivolous.

Google reveals launch dates for two new gTLDs

Kevin Murphy, August 24, 2022, Domain Registries

Google is slowly working through its backlog of unlaunched new gTLDs, this week announcing go-live dates for two dormant strings.

.boo and .rsvp will both follow the same launch schedule, with month-long Sunrise periods for trademark owners beginning October 4 and general availability starting November 15.

There will also be Early Access Periods, where names can be secured early for daily-decreasing premium fees, running from November 8 to November 15.

Google Registry described .boo as for those “building a website for love, laughs, or a surprise”, while .rsvp is for customers “celebrating a wedding, throwing a fundraiser, or accepting bookings for their business”.

They appear to be among the lightest-touch Google TLDs in terms of restrictions.

Google has been sitting on both gTLDs for over eight years.

Ducos a shoo-in for GNSO Council chair

Kevin Murphy, August 24, 2022, Domain Policy

The next chair of ICANN’s GNSO Council will be GoDaddy’s Sebastien Ducos.

Ducos, who manages TLD clients for GoDaddy Registry, will stand unopposed for the role after the GNSO’s Non-Contracted Parties House decided not to field a candidate.

The election, which seems a formality, will take place at the end of ICANN 75, the Org’s Annual General Meeting, in Kuala Lumpur and Zoom next month.

Australian Ducos has been a vice-chair of the Council since the last AGM.

He will replace Philippe Fouquart, an employee of Orange from the NCPH, after his second one-year term ends.

There hasn’t been a contested election for Council chair since 2018.