Community tells ICANN to walk and chew gum at the same time

Whois or new gTLDs? Whois or new gTLDs? Whois or new gTLDs?

It’s the question ICANN has been pestering the community with since early May. ICANN can’t work on developing the proposed Whois Disclosure System (formerly known as SSAD) without delaying work on the next round of new gTLDs, Org said, so the community was given a Sophie’s Choice of which of its babies to sacrifice on the altar of failed resource planning.

And now it has its answer: why the heck can’t you do both, and why the heck are you asking us anyway?

GNSO Council chair Philippe Fouquart has written to Maarten Botterman, his counterpart on the ICANN board of directors, to request that Org figure out how to do both Whois and new gTLDs at the same time, and to existing deadlines:

While Council members might differ on which project should take precedence, there is unanimous agreement that the Subsequent Procedures ODP and SSAD development are among the most important tasks before ICANN. Therefore, we urge that every effort should be undertaken by ICANN Org to complete the work in parallel and to meet currently published milestones.

Fouquart goes on (pdf) to puzzle as to why ICANN decided to “inappropriately include the broad community in the minutiae of ICANN operations planning”.

ICANN had told the GNSO that if it wanted the Whois work to kick off, it would add “at least” six weeks of delay to the new gTLDs Operational Design Phase, which is scheduled to wrap up in October.

Naturally enough, folks such as IP lawyers were very keen that ICANN start to do something — anything — to roll back the damage caused by GDPR, while domain-selling companies are anxious that they get more inventory for their virtual shelves.

The public record has always been a bit sketchy on where the resource bottleneck actually is, in an organization with half a billion bucks in the bank, a $140 million operating budget, and around 400 staff.

Maintaining Whois and the expansion of the root zone are, after all, two of the main things ICANN was founded to do, being unable to do both at once could be seen as embarrassing.

But now it has its answer, as unhelpful as it is.

And it only took two months.

Universal unacceptance? ICANN lets XYZ dump languages from UNR gTLDs

Even as CEO Göran Marby was accepting an ambassadorship from the Universal Acceptance Steering Group last month, ICANN was quietly approving a registry’s plan to drop support for several languages, potentially putting dozens of domains at risk.

It seems portfolio registry XYZ.com was having problems migrating the 10 gTLDs it recently acquired in UNR’s firesale auction from the UNR back-end to long-time partner CentralNic, so it’s cutting off some language support to ease the transition.

The company told ICANN in a recent Registry Services Evaluation Process request (pdf) that internationalized domain names in Cyrillic, Chinese, Japanese and German were “causing issues with the [Registry System Testing] for the technical transition”.

“So, in order to move forward with the migration to CentralNic, we have no choice but to remove support for these IDNs. This will only impact fewer than 50 registrations in these TLDs,” the company told ICANN.

I asked both XYZ and CentralNic whether this means the IDN domains in question would be deleted but got no response from either.

Support for the four languages will be removed in .christmas, .guitars, .pics, .audio, .diet, .flowers, .game, .hosting, .lol, .mom according to contractual amendments that ICANN has subsequently approved.

The RSEP was published the same week ICANN signed a memorandum of understanding with .eu registry EURid, promising to collaborate on IDNs and universal acceptance.

The same week, Marby, who has stated publicly on several occasions his commitment to IDNs and UA, was named an honorary ambassador of the UASG to “help amplify the importance of UA work to enable a multilingual Internet”.

UPDATE July 24, 2022: CentralNic CTO Gavin Brown says:

I can confirm that no domains will be deleted or suspended due to the withdrawal of these IDN tables. The RSEP request template we provided to XYZ incorrectly stated that domains would be deleted, however, neither we nor XYZ have any plans to delete or suspend any domains, and we hope to re-enable the IDN tables in the near future.

ICANN terminates these three deadbeat registrars

Registrars based in the US, Philippines and Bangladesh have lost their ICANN accreditations for non-payment of fees.

ICANN recently sent termination notices to Domainia, HOAPI, and Innovadeus, which the Org says have breached their contracts by not paying and in some cases failing to provide required information and services on their web sites.

It appears all three companies are no longer operational. Domainia’s domain resolves to a GoDaddy sales lander, HOAPI’s is NX’d, and Innovadeus’s site is riddled with WordPress errors.

Innovadeus and HOAPDI were first deemed “past due” on their fees in November 2020, according to ICANN. For Domainia, it was September 2020.

Fortunately, it seems few to no registrants will be affected by the terminations. HOAPI had one gTLD domain under management, its own. Domainia had none, and Innovadeus had a few hundred, which will be transferred to another registrar.

ICANN puts blockchain on the agenda for good

ICANN’s board of directors is apparently worried about the rise of blockchain-based alt-roots.

Its Board Technical Committee voted in May to make blockchain a permanent agenda item going forward, according to just-published minutes.

“After discussion, the Committee decided to have a standing topic on the agenda to address Blockchain Names,” the minutes read.

The minutes don’t record the content of the discussion, but the alt-root topic has been addressed at every one of the committee’s meetings since last July and resulted in the CTO’s office putting together a briefing paper I blogged about last month.

Blockchain alt-roots include the likes of ENS, Handshake and Unstoppable. They are likely to present legal challenges and interoperability problems when ICANN finally opens up the next round of new gTLDs in a couple years.

New gTLD in trouble as largest registrar gets suspended

The .gdn gTLD registry, Navigation-information systems, is facing more trouble from ICANN Compliance, but this time it’s because its largest registrar has got itself suspended for non-payment of fees.

ICANN has suspended the accreditation of Dubai-based registrar Intracom for failing to cure an April breach notice demanding money, not implementing an RDAP service, not escrowing its data, and generally giving Compliance staff the runaround for the last eight months.

Intracom is NIS’ biggest partner, responsible for over 10,000 of its 11,000 registered domain names. It doesn’t appear to have many domains in other gTLDs.

The company will not be allowed to sell gTLD domains or accept inbound transfers from July 6 to October 4.

NIS has been hit with its own breach notices twice in the last year, most recently the day after Intracom’s own notice, for failing to keep its Whois service up, but it cured the breaches before ICANN escalated.

ICANN picks comms firm for new gTLDs outreach

The next round of new gTLDs is getting real.

ICANN has selected a communications firm to promote the next round ahead of its launch, and authorized a wedge of cash to pay for it, according to a resolution of the board of directors.

The resolution does not name the firm or the exact amount of money earmarked, because a deal has yet to be signed, but it is worth over $500,000.

In the 2012 round, I believe ICANN worked with long-time PR agency Edelman.

The agency will be responsible for planning the outreach campaign and then executing it over three months ahead of the application window opening, whenever that may be.

The resolution states that ICANN will contract the firm for 50 “instances”, where an instance is a country or industry.

The 2011/2012 outreach campaign came under criticism for not doing enough to entice applications from the global south and emerging economies, something which current ICANN management has said they hope to rectify next time around.

The slow crawl to closed generics at ICANN 74

Last Monday saw the 10th anniversary of Reveal Day, the event in London where ICANN officially revealed the 1,930 new gTLD applications submitted earlier in 2012 to a crowd of excited applicants and media.

Dozens of those applications were for closed generics — where the registry operator is the sole registrant, but the string isn’t a trademark — but now, a decade later, the ICANN community still hasn’t decided what to do about that type of gTLD.

At ICANN 74 last week, the Generic Names Supporting Organization and Governmental Advisory Committee inched closer to agreeing the rules of engagement for forthcoming talks on how closed generics should be regulated.

The GNSO’s working group on new gTLDs — known as SubPro — had failed to come to a consensus on whether closed generics should even be allowed, failing even to agree on whether the status quo was the thousand-year-old earlier GNSO policy recommendations that permitted them or the later GAC-influenced ICANN retconning that banned them.

But ever since SubPro delivered its final report, the GAC has been reminding ICANN of its 2013 Beijing communique advice, which stated: “For strings representing generic terms, exclusive registry access should serve a public interest goal.”

At the time, this amounted to an effective ban, but today it’s become an enabler.

ICANN has for the last several months been coaxing the GNSO and the GAC to the negotiating table to help bring the SubPro stalemate into line with the Beijing communique, and the rules of engagement pretty much guarantee that closed generics will be permitted, as least in principle, in the next application round.

GAC chair Manal Ismail told ICANN (pdf) back in April:

discussion should focus on a compromise to allow closed generics only if they serve a public interest goal and that the two “edge outcomes” (i.e. allowing closed generics without restrictions/limitations, and prohibiting closed generics under any circumstance) are unlikely to achieve consensus, and should therefore be considered out of scope for this dialogue.

Remarkably, the GNSO agreed to these terms with little complaint, essentially allowing the GAC to set at least the fundamentals of the policy.

Last week, talks centered on how these bilateral negotiations — or trilateral, as the At-Large Advisory Committee is now also getting a seat at the table — will be proceed.

The rules of engagement were framed by ICANN (pdf) back in March, with the idea that talks would begin before ICANN 74, a deadline that has clearly been missed.

The GNSO convened a small team of members to consider ICANN’s proposals and issued its report (pdf) last week, which now seems to have been agreed upon by the Council.

Both GNSO and GAC are keen that the talks will be facilitated by an independent, non-conflicted, knowledgeable expert, and have conceded that they may have to hire a professional facilitator from outside the community.

That person hasn’t been picked yet, and until he/she has taken their seat no talks are going to happen.

ICANN said a few months ago that it did not expect the closed generics issue to delay the SubPro Operational Design Phase, which is scheduled to wind up in October, but the longer the GAC, GNSO and ICANN dawdle, the more likely that becomes.

All that has to happen is for a group of 14-16 community members to agree on what “public interest” means, and that should be easy, right? Right?

Controversial Chinese firm among two newly revealed UNR gTLD buyers

Two more former UNR top-level domains have formally changed hands following the company’s fire sale over a year ago.

The ICANN contracts governing .llp and .help have been reassigned, the former to Intercap Registry and the latter to a new-to-the-industry Seychelles-based company called Innovation service Ltd, ICANN records show.

Intercap is a relatively known quantity, already running the .inc, .dealer and .box gTLDs.

Innovation is an entirely different kettle of fish.

The company appears to be led by a Hong Kong entrepreneur named Heng Lu, best known for making millions obtaining IPv4 addresses from Afrinic, the African Regional Internet Registry, and leasing them to clients in China for a huge profit.

Heng Lu is also the founder of Cloud Innovation Ltd, another Seychelles shell. It is currently embroiled in a string of lawsuits with Afrinic, which last year tried to revoke Cloud’s membership and therefore its IPv4 space.

The case(s) of Cloud versus Afrinic are pretty convoluted and a bit off-beat for this blog, but at one point last year it led to Afrinic’s bank accounts being frozen by the Mauritius Supreme Court, putting IP address management across the whole continent at risk.

ICANN would certainly have been aware of this already when it approved the transfer of the .help gTLD to what appears to be a related company. After the Mauritius injunction, Afrinic pleaded with ICANN for financial help, which ICANN provided.

The two transfers mean we now know the identities of the buyers of 17 of the 23 gTLD contracts UNR put up for sale in April 2021. ICANN took a long time to approve the reassignments due to worries about IP rights.

Over 900 people show up for ICANN 74

Has community participation in ICANN meetings rebounded now that in-person meetings have returned? That’s one possible interpretation of data released by the Org today.

ICANN said that ICANN 74, which concluded yesterday, had 1,817 attendees, of whom 917 showed up in The Hague in person, their first opportunity to travel to an ICANN meeting since November 2019. The remaining 900 participated remotely via Zoom.

If we take the top-line number, that’s the highest attendance of the pandemic era, and comparable to the Montréal meeting immediately prior to the arrival of the Covid-19, ICANN 66, where 1,894 people showed up.

But the top-line number from Montréal does not include off-site Zoom participants, which were counted separately and amounted to 1,752 people.

So the number of people “attending” ICANN meetings one way or the other has either returned to pre-pandemic levels, or has been cut in half, or even quartered, over the last two and a half years, depending on how you’re counting.

The fact that the 66 was an Annual General Meeting, with a longer, more cluttered agenda and more opportunities to engage for a broader range of people than the mid-year Policy Forum, probably had some impact on the numbers.

The 2019 Policy Forum, held in Morocco, attracted 1,186 in-person attendees and 2.909 off-site Zoom participants.

Regardless of whether you think Zoom users count as full participants or not, 917 bums on seats is the smallest attendance for any meeting since ICANN started counting.

Verisign and Afilias spar over .web delays

Afilias and Verisign are at odds over a further delay to the resolution of the .web gTLD dispute.

Afilias, aka Altanovo Domains, says its lawyers are too busy to meet ICANN’s deadline for arguments about whether either company broke the rules in the 2016 auction of .web, but Verisign thinks they have plenty of time,

ICANN’s Board Accountability Mechanisms Committee had set a deadline of July 15 for both applicants to submit a document explaining why they believe the other broke the rules and should have their auction bids voided.

But Afilias’ lawyers say they “have longstanding international travel and hearing commitments in June and July that cannot be rescheduled” and want an extension to July 29.

Just two weeks seems like no big deal in a contest that has been running for literally a decade, but Verisign is opposing it anyway, according to emails Afilias submitted to ICANN (pdf).

“ICANN provided the parties with a generous briefing schedule sufficient to accommodate counsel’s other commitments. For this reason, Verisign and NDC do not support Altanovo’s current request for a further extension,” a Verisign lawyer wrote.

Verisign, which won the auction via its proxy, Nu Dot Co, believes Afilias broke a communications blackout period before the auction by texting NDC to negotiate a deal. Afilias believes NDC broke the rules by not disclosing Verisign’s involvement.

The BAMC’s job, following the outcome of an Independent Review Process case last year, is to decide whether either of these claims is legit and settle who won the auction once and for all.