“Diversity” warning over ICANN Seattle

ICANN has been told that it risks disenfranchising community members from outside the US if it goes ahead with a return to in-person meetings at ICANN 72 in Seattle this October.

APAC Space, a group comprising participants from the Asia-Pacific region, reckons there’s almost no chance that any of its members will be able to make it to Seattle, due to pandemic restrictions.

The group wrote (pdf):

Like the rest of the community, the APAC Space members are keen to see a return to face-to-face meetings, but we have serious concerns about continued, longterm disenfranchisement if this return is done in an inequitable way. If a hybrid meeting does go ahead in Seattle, we are reasonably confident that there will be minimal, if any, in-person attendance from the APAC region

APAC Space goes on to note that ICANN 73 next March is also scheduled to take place in the same region, in San Juan, Puerto Rico.

The letter continues:

We are concerned that holding a hybrid meeting in which participants from only some regions can participate in-person is not in line with ICANN’s goal to reflect regional and cultural diversity, and risks further disenfranchising regions that are already under-represented within ICANN’s processes.

A recent ICANN survey found that a majority of community members were keen to return to face-to-face meetings. While this was true everywhere, the majority was stronger among North Americans and Europeans.

ICANN’s board of directors is due to make a decision about Seattle later this month.

This article was updated July 9 to clarify authorship of the letter to ICANN.

ICANN DOESN’T money-grub in new gTLD contract shocker

ICANN may have a reputation for trying to slice itself a bigger slice of the pie whenever it renegotiates a new gTLD contract, but that doesn’t appear to be the case this week.

The .aero registry, which has been running for 20 years, looks set to continue to get its gTLD on the cheap, paying ICANN just a fifth of what newer registry operators pay.

But it has standardized on many other terms of the 2012-round Registry Agreement, meaning Uniform Rapid Suspension, zone file access via the CZDS, EBERO failover, and the registry code of conduct are all coming to .aero soon.

.aero is a “sponsored” TLD restricted to the aerospace industry, approved in 2000 as one of ICANN’s first “test-bed” gTLD round. The registry is Societe Internationale de Telecommunications Aeronautiques, a trade body.

Under the terms of its new contract, which is open for public comment, SITA will pay ICANN a fixed fee of $500 a year if it has under 5,000 names or $5,000 a year if it has more.

Registries receiving their delegations since 2012 pay $25,000 per year in quarterly installments.

.aero currently has about 12,000 names under management, so SITA will carry on paying $5,000 a year. Like other gTLDs, transaction fees kick in at 50,000 names, which at its historical growth rate should happen at some point in the 2090s.

The public comment period closes August 16, about a month before the current .aero contract expires. If history is any guide, any public comments filed will be duly noted and ignored.

ICANN backtracks on executive pay transparency

ICANN has not disclosed the results of a recent board vote to award the CEO his bonus, apparently reversing an earlier move to make that kind of information public.

The board voted last week to give Göran Marby his “at risk” compensation for the second half of the org’s fiscal 2021.

It’s not clear from the resolution whether he’s getting his full 30% or just a portion thereof.

It’s also not clear whether the vote was unanimous or not.

As I noted in February, ICANN disclosed that three directors voted against a resolution to give Marby a pay rise, which put him well over the million-dollars-a-year mark.

I wondered aloud back then whether the unprecedented decision to publish the vote on a matter of executive compensation was an accident, or a move towards increased transparency by the org, which I would have applauded.

The resolution from last week contains no such information, suggesting February may have been a publication accident after all.

The minutes from the February meeting have yet to be published, four months after the fact.

Net4 domains now parked after “fraud” ruling

The primary operating domain names of disgraced registrar Net 4 India are now parked, after the company lost its ICANN accrediation and was hit by a finding of fraud in an insolvency case.

The names net4.com and net4.in, which once hosted its customer-facing retail site, now return parking pages.

It emerged in recent court documents that Net4 paid $14,068 for net4.com in March 2011 via Sedo.

Net4 saw its ICANN termination terminated in May. All of its gTLD domains under management were transferred to PublicDomainRegistry, which also made side deals with registries to accept .tv, .me and .cc domains.

.in registrant were being dealt with by NIXI, the local ccTLD registry.

Net4 had been in insolvency proceedings for a few years before its customers started noticing serious problems renewing and transferring their names, or even contacting customer support.

Now it emerged that the insolvency court in late May found that Net4 had acted “fraudulently” in order to “defraud” its creditors.

The company had defaulted on millions of dollars in loans from the State Bank of India, debts that were subsequently sold to a debt recovery company called Edelweiss, which filed for Net4’s insolvency.

In a lengthy and complex May ruling (pdf), the Delhi insolvency court found that Net4 had transferred its primary operating assets including its domains, trademarks and registrar business to a former subsidiary, Net4 Network, in order to keep them out of the hands of Edelweiss.

Net4 had “fraudulently transferred” the assets in “undervalued and fraudulent transactions” designed to put the assets “beyond the reach of the Creditors so as to defraud the Creditors”, the court ruled.

The court ruled that the resolution professional handling the case is now free to pursue Net4 Network and its director for the money that would have otherwise have been held by Net4 proper.

Domain firms plan “Trusted Notifier” takedown rules

Domain name registries and registrars are working on a joint framework that could speed up the process of taking down domain names being used for behavior such as movie piracy.

Discussed last week at the ICANN 71 public meeting, the Framework on Trusted Notifiers is a joint effort of the Registrar Stakeholder Group and Registries Stakeholder Group — together the Contracted Parties House — and is in the early stages of discussion.

Trusted Notifiers are third parties who often need domain names taken down due to activity such as copyright infringement or the sale of counterfeit pharmaceuticals, and are considered trustworthy enough not to overreach and spam the CPH with spurious, cumbersome, overly vague complaints.

It’s not a new concept. Registries in the gTLD space, such as Donuts and Radix, have had relationships with the Motion Picture Association for over five years.

ccTLD operator Nominet has a similar relationship with UK regulators, acting on behalf of Big Copyright and Big Pharma, taking down thousands of .uk domains every year.

The joint RrSG-RySG effort doesn’t appear to have any published draft framework yet, and the discussions appear to be being held privately, but members said last week that it is expected to describe a set of “common expectations or common understandings”, establishing what a Trusted Notifier is and what kind of cooperation they can expect from domain firms.

It’s one of several things the industry is working on to address complaints about so-called “DNS Abuse”, which could lead to government regulations or further delays to the new gTLD program.

It obviously veers into content policing, which ICANN has disavowed. But it’s not an ICANN policy effort. Whatever framework emerges, it’s expected to be non-contractual and voluntary.

Trusted Notifier relationships would be bilateral, between registry and notifier, with no ICANN oversight.

Such deals are not without controversy, however. Notably, free speech advocates at the Electronic Frontier Foundation have been complaining about Trusted Notifier for years, calling it “content policing by the back door” and most recently using it as an argument against Ethos Capital’s acquisition of Donuts.

There’s really only one question about the return to face-to-face ICANN meetings

The struggles of remote working during unsociable hours and the possibility of a return to partially in-person meetings for Seattle in October were the subject of lots of well-deserved debate at the virtual ICANN 71 public meeting last week, but in reality I think there’s only one question that matters.

The question is posed by Americans to everyone else, and it goes like this: “You guys cool if we go ahead without you?”

Sure, lots of interesting and important questions were raised last week, particularly during the hour-long final session.

If ICANN decides to require proof of vaccination to attend in person, will it accept all brands of vaccine, or will it do a Bruce Springsteen and exclude those who have received the AstraZeneca jab, which is not currently approved in the US?

Is it a problem for overseas travelers that the number of vaccinated Americans currently appears to be plateauing, as ludicrous political divisions see primarily “red state” folks refuse to take their medicine?

What about attendees working for companies that have eliminated their travel budget for the rest of the year?

What if there’s a new flavor of Covid, worse than the current delta variant, in play in October? What if travel corridors into the US are still closed when ICANN 72 comes around? What if attendees have to self-isolate for weeks in expensive hotels upon their return to their home countries? Has ICANN done any research into this?

These are some of the questions that have been raised, and while they’re all very interesting I can’t help but feel that they’re completely irrelevant in the context of an ICANN meeting.

ICANN doesn’t know what the pandemic state of play internationally is going to be four months from now. Nobody does. Not the epidemiologists, not the healthcare leaders, not the governments.

ICANN isn’t a government. It isn’t the United Nations. It’s a technical and policy coordination body that sometimes appears to have a sense of its own importance as inflated as its budget. Its powers to assure an internationally diverse community can gather in literally the same room in October are close to non-existent.

But it’s a pretty safe bet that domestic travel in the US will still be permitted in October (did it ever even really stop?) and therefore it’s a pretty safe bet that community members based in America will be able to bump elbows in Seattle.

The only question remaining therefore is: how much of the rest of the world is ICANN willing to risk excluding to make that happen?

It’s a question its board of directors will answer in July. I don’t envy them the responsibility.

Next new gTLD round should be less English, says ICANN boss

The next round of new gTLDs should be less focused on the English-speaking world, ICANN CEO Göran Marby said yesterday.

Talking to ICANN’s Governmental Advisory Committee in a bilateral session at ICANN 71 yesterday, Marby said he believed the 2012 round — the last time anyone was able to apply for a new gTLD — was too English-centric.

We have so few identifiers on the internet, [which] I think is a problem. Most of them are in relation to the English language or translations of English words…

I think and I truly believe that the next round should be giving the ability for people to have identifiers on the internet that’s actually in correlation with their own local contexts, their own scripts, their own keyboards, their own narratives, so they can create their pwn communities on the internet…

We have to rethink a lot of things we have done previously, because last time we did a round it was very much about the English language and I don’t think that’s fair for the rest of the world.

He pointed out the need for universal acceptance — the technical and educational challenge of making sure all software and online services support non-Latin internationalized domain names.

While it’s true that the 2012 round of applications turned out very much English-heavy, it was not by design.

Broadening the gTLD space out to non-Latin scripts and non-English languages was one of the benefits frequently cited (often, I thought, to guilt-trip the naysayers) before opponents of new gTLDs — including governments — in the run-up to the 2012 round.

ICANN was tasked in 2011/12 with reaching out to potential applications in under-served areas of the world, but it’s generally considered to have done a pretty shoddy job of it.

In the 2012 round, 116 of the 1,930 total applications were for IDNs, and 97 of those at some point made it into the DNS root. There have been a further 61 IDN ccTLDs that came in through the IDN ccTLD Fast Track process.

IDN applicants were given special privileges in the 2012 round, such as prioritization in the lottery that selected the processing order for applications. The first delegated new gTLD was in Arabic.

The IDN gTLDs have had a mixed performance volume-wise, with the top 10 strings, which are mostly Chinese, having between 14,500 and 164,000 domains under management.

Only one has passed the 50,000-domain threshold where it has to start paying ICANN transaction fees.

The numbers are not thoroughly terrible by new gTLD standards, but they don’t make the case for huge demand, either.

Cade and Dammak win ICANN awards

Marilyn Cade and Rafik Dammak have been named joint winners of this year’s ICANN Community Excellence Award, formerly the Ethos Award.

The award acknowledges those community members deemed to have embodied ICANN’s values and devoted a lot of time to community work.

As I previously blogged, policy consultant Cade, who died last year to a wide outpouring of tributes, was pretty much a shoo-in.

“This award is not intended to be a memorial. Instead, it is a well-deserved recognition of Marilyn’s contributions and commitment to ICANN and our multistakeholder community,” the awards selection committee noted.

Dammak has for over a decade contributed “countless volunteer hours” on various ICANN policy working groups, mainly in the GNSO, the committee noted. His impartiality was called out by the selection committee for praise.

He last year stepped in to fill a leadership vacuum in the working group devoted to reviewing Whois privacy policy.

ICANN waves off EFF concerns about the Ethos-Donuts deal

ICANN has dismissed concerns from the Electronic Frontier Foundation about the recent acquisition of Donuts by Ethos Capital.

Responding to a letter from EFF senior attorney Mitch Stoltz, ICANN chair Maarten Botterman said the deal had been thoroughly reviewed according to the necessary technical and financial stability standards.

In reviewing this transaction, the ICANN org team completed a thorough review and analysis of information provided by Ethos Capital and Donuts. Based on the review, the ICANN org team concluded that Donuts, as controlled by its proposed new owners would still meet or exceed the ICANN-adopted specifications or policies on registry operator criteria in effect, including with respect to financial resources, operational and technical capabilities, and overall compliance with ICANN’s contracts and Consensus Policies. Before its final decision on the matter, ICANN org provided multiple briefings to the Board. Following its final briefing and discussion with the Board, ICANN org approved the change of control in late March 2021.

The EFF had claimed that the anti-abuse parts of Donuts various registry agreements amounted to giving Donuts the right to “censor” domains, and it took issue with the Domain Protected Marks List domain blocking service.

Botterman noted that these predate the Ethos acquisition and were not reviewed.

Prior to the deal, which closed in March, Donuts was owned by another PE firm, Abry Partners. ICANN CEO Göran Marby had previously expressed puzzlement that the acquisition to lead to such concerns.

ICANNers itching to get back to face-to-face shindigs

A majority of ICANN community members want a return to in-person meetings as soon as possible, and overwhelmingly don’t care how many pandemic-related restrictions are put in place to get it done.

That’s according to the results of an online survey ICANN carried out, which ultimately had 665 responses, or 514 if you exclude responses from ICANN staff.

The survey found that over half of all respondents were keen to fling open the doors for ICANN 72 in Seattle this October, even if it meant reduced attendance and global diversity due to pandemic restrictions on travel.

There was even greater acceptance of — and indeed demand for — health measures such as social distancing, face masks, proof of vaccination, and on-site testing.

None of these proposed measures attracted less than 72% support, and no more than 11% of respondents objected to any individual measure.

While the majority of the respondents were from North America or Europe — which I think it’s fair to say are broadly considered to be well-vaccinated and in the closing days of their pandemic restrictions — ICANN has helpfully broken down some of the responses by geography.

Perhaps unsurprisingly, North Americans and Europeans were far more likely to approve of vaccination-related attendance rules, at 73% and 66% respectively. But a majority of those from Latin America, Asia and Africa were also tolerant of such restrictions.

North Americans were also much less likely to fear travel restrictions — ICANN 72 will be held on home turf, after all.

While the survey results show a clear inclination for reopening in-person meetings, with an online component for those unable to make it, the decision will be made by the ICANN board of directors next month.

The full survey results can be viewed here (pdf).