Big registrar dumps .uk — a glimpse of Christmas future?

German registrar Cronon, which retails domains under the Strato brand, has stopped carrying .uk domains due to what it says are onerous Whois validation rules.
In a blog post, company spokesperson Christina Witt said that over one third of all .uk sales the registrar has been making are failing Nominet’s registry-end validation checks, which she said are “buggy”.
With the introduction of direct second-level registration under .uk, Nominet introduced a new requirement that all new domains must have a UK address in the Whois for legal service, even if the registrant is based overseas.
According to its web site, Nominet checks registrant addresses against the Royal Mail Postcode Address file, which contains over 29 million UK addresses, and does a confidence-based match.
If attempts to match the supplied address with a UK address in this file prove fruitless, and after outreach to the registrant, Nominet suspends the domain 30 days after registration and eventually deletes it.
It’s this policy of terminating domains that has caused Strato to despair and stop accepting new .uk registrations.
“Databases of street directories or company registers are often inaccurate and out of date,” Witt wrote (translated from the original German). “The result: addresses that are not wrong, in fact, are be found to be invalid.”
Nominet is throwing back over a third of all .uk names registered via Strato, according to the blog post, creating a customer support nightmare.
Its affected registrants are also confused about the verification emails they receive from Nominet, a foreign company of which they have often never heard, Witt wrote.
I don’t know how many .uk names the registrar has under management, but it’s reasonably large in the gTLD space, with roughly 650,000 domains under management at the last count.
If Strato’s claim that Nominet is rejecting a third of valid addresses (and how Strato could know they’re valid is open to question), that’s quite a scary statistic.
Nominet seems to be using an address database, from the Royal Mail, which is about as close to definitive as it gets. And it’s only verifying addresses from a single country.
I shudder to imagine what the false negative rate would be like for a gTLD registrar compelled to validate addresses across 200-odd countries and territories.
The latest version of the ICANN Registrar Accreditation Agreement requires registrars to partially validate addresses, such as checking whether the street and postal code exist in the given city, but there’s no requirement for domains to be suspended if these checks fail.
[UPDATE: Thanks to Michele Neylon of the Registrars Stakeholder Group for the reminder that this RAA requirement hasn’t actually come into force yet, and won’t until the RrSG and ICANN come to terms on its technical and commercial feasibility.]
Where the 2013 RAA does require suspension is when the registrant fails to verify their email address (or, less commonly, phone number), which as we’ve seen over the last year leads to hundreds of thousands of names being yanked for no good reason.
If Strato’s story about .uk is correct and its experience shared by other registrars, I expect that will become and important data point the next time law enforcement or other interests push for even stricter Whois rules in the ICANN world.

Eleven domains suspended under .uk anti-rape rules

Nominet has suspended and permanently blocked 11 “rape” domain names in .uk since introducing a controversial policy earlier this year.
The company today disclosed that nine pre-existing domains were suspended immediately following the introduction of the rules in May. Another two have been blocked since then.
The policy calls for Nominet to ban any domain name that seems to “promote or incite serious sexual offences”.
Examples of such domains given by Lord MacDonald, who compiled the review that led to the policy, included rapeme.co.uk, rapemyteacher.co.uk and rapeporn.co.uk.
Nominet now automatically scans all new .uk registrations for keywords that may be a cause for concern. These are then manually reviewed to weed out the false positives, which could include for example domains that contain the word “grape” or “therapist”.
The false positive level is very high. According to a Nominet report (pdf) this week, 1,029 domains have been automatically flagged since May, only two of which were then suspended.
The policy was introduced following articles in some of the UK’s right-wing tabloids and pressure from government ministers.
Nominet also disclosed this week that 948 domains have been suspended for “criminal activity” in the last six months.
Under Nominet rules, such domains are suspended merely upon notification by the law enforcement agencies that the domain in question is suspected of harboring criminal activity. Unlike elsewhere in the world, no court order is required.
“Criminal activity” means intellectual property infringement in the vast majority of cases.
Of those 948 suspended names, 839 were suspended after complaints from the Police Intellectual Property Crime Unit. Another 102 were yanked following notices from the Medicines and Healthcare Products Regulatory Agency. The remaining 7 complaints came from the National Fraud Intelligence Bureau.

Nominet hires venture capitalist as new CEO

Nominet has named Lesley Cowley’s replacement as CEO as Russell Haworth, a Thomson Reuters alum who’s spent much of 2014 working as a venture capitalist.
Russell was previously managing director of Thomson Reuters’ Middle East & Africa division.
Since January, he’s been a co-founder and partner at Saya Ventures, an investment company focused on early-stage technology companies.
“Russell will lead the organisation as it develops its core registry business, explores the potential of new technologies, and delivers on its commitment to ensuring the internet is a force for good,” Nominet said.
He’s set to join the .uk registry in January 2015.
He replaces Cowley, who resigned in May and earlier this month revealed several new jobs.

Former pop star is .uk’s 10,000th cybersquatting case

Nominet has processed its 10,000th cybersquatting dispute, according to the company.
Conveniently for the .uk registry’s public relations department, the complainant in the case was Aston Merrygold, a well-known former member of the pop group JLS.
He won astonmerrygold.co.uk, which was registered to London-based Martyn O’Brien, using Nominet’s 12-year-old Dispute Resolution Service.
Merrygold does not have a trademark covering his name, but the DRS panelist found that he had rights anyway, due to his relative fame and numerous TV appearances.
O’Brien registered the name in 2008, along with the names of Merrygold’s band-mates, after JLS appeared in the final of TV talent show The X Factor.
JLS had a brief but successful pop career before breaking up last year. Merrygold currently intends to go solo, which presumably inspired the DRS complaint.
Nominet also announced today that Tony Willoughby, who has been chair of the DRS panel since 2002, has stepped aside and will be replaced by DRS appeals panelist Nick Gardner.

Cowley, one foot out of the industry, joins Architelos

Former Nominet CEO Lesley Cowley has become a consultant for Architelos, as part of a raft of domain and non-domain industry positions she’s taken on.
Primarily, Cowley has become chair of the UK’s Driver and Vehicle Licensing Agency — a public-sector role with a vague conceptual relationship with domain names (ie, managing lots of unique identifiers).
At Architelos, a provider of registry management software and services, she will be a “executive coach and consultant”, Cowley wrote in a blog post.
She will also remain a volunteer with ICANN, where she’s the former chair and current councilor of the ccNSO.
Cowley has also been named a non-executive director of aql, a data center in Leeds, UK.
She announced her resignation in May, after 12 years as Nominet CEO. Her replacement has not yet been named.

No mention of .london at ICANN London

The forthcoming .london gTLD didn’t get a look in during the opening ceremony of ICANN 50, held this morning in London.
The host city gTLD’s complete absence from the two-hour event — it wasn’t mentioned once — would have escaped notice had it not been for the abundance of plugs for .wales and .cymru attendees received instead.
.cymru is the Welsh name for Wales. The gTLDs are to be launched simultaneously.
Welsh First Minister Carwyn Jones was given stage time to announce, in between anti-English quips, that the Welsh government is to dump .gov.uk in favor of the two new Welsh gTLDs.
Later, a Welsh male voice choir (presumably a famous one) took to the stage to sing a couple of songs and announce that they too are planning to use .wales and .cymru for their web sites.
Nominet chair Rennie Fritchie also plugged the upcoming launches during her five-minute slot.
You’d have been forgiven for wondering if you’d accidentally got off the plane in Cardiff.
Where was .london?
Did Dot London Domains seriously drop the ball here?
Or did .london’s absence have something to do with the fact that the host ccTLD and meeting sponsor, Nominet, is the registry for .wales and .cymru but was beaten to the .london back-end contract by Minds + Machines?

.uk launches with Stephen Fry as anchor tenant

Nominet has launched its controversial .uk service, enabling Brits and others to register directly at the second level for the first time.
It did so with an endorsement from quintessential uber-Brit, gadget nut, Apple slave and national treasure Stephen Fry and a marketing splash including a .uk domain apparently visible from 35,000 feet up.
This sign has been placed in one of the main flight paths into Heathrow. Readers flying in to London for ICANN 50 later this month might want to ask for a window seat.

Actor/author/comedian Fry was the first to be given a .uk today. He’s switched from stephenfry.com to stephenfry.uk as a result — the .com is already redirecting to the .uk.
He said in a blog post:

It’s only three harmless key-presses, you may think. A year or so back I wrote that it seemed to me annoying and lax of the British internet authority (if such a body ever existed, which it didn’t and doesn’t) when domain names were being handed that they were so inattentive and their eyes so off the ball. How come Germany could have .de, France .fr, South Africa .za, Italy .it etc etc etc? And we poor British had to have the extra exhaustion of typing .co.uk. Three whole keystrokes. It doesn’t stack up to much when compared to other howling injustices in the world. The length of time poor students and tourists have to queue to get an Abercrombie and Fitch polo shirt for example, but nonetheless it has been a nuisance these twenty years or so.

His involvement has helped the news hit many of the major daily newspapers in the UK today.
This is how to launch a TLD.
Fry’s friend Prince Charles was given princeofwales.uk last December, among 69 domains previously under .gov.uk that the government requested receive special treatment.
While new .uk addresses are available to register now, you won’t be able to immediately register one that matches a .co.uk unless you’re the owner of that .co.uk.
All .co.uk registrants have been given five years to decide whether they want the .uk equivalent, which carries a £2.50-a-year fee ($4.20), assuming a multi-year registration.
That’s the same as a .co.uk. Assuming .uk gets good uptake and that most registrants will keep their .co.uk names for the foreseeable future, Nominet’s accounts could be in for a significant boost.
Owners of .org.uk or .me.uk names only get the free reservation if the matching .co.uk is not already registered. Otherwise, they have to wait five years like everyone else.

Cowley quits Nominet

Lesley Cowley has unexpectedly quit her job as Nominet’s longstanding CEO.
The .uk registry today announced that she will leave the company July 9, and that the remaining C-suite will manage the company until a replacement is found.
No reason for Cowley’s departure was given, beyond Cowley saying “it is now the right time to move on”.
It’s not known if she has a new gig already lined up. She’s believed to have applied for the ICANN CEO job a couple of times, but that spot isn’t currently vacant.
Cowley has been with Nominet for 15 years and was appointed CEO in 2002.
A small but vocal group of Nominet members has been trying to get her kicked out for the last few years, alleging among other things that she lied to members.
Nominet tells me Cowley’s resignation has nothing to do with that.

Nominet names the date for shorter .uk addresses

Nominet is to start selling .uk domain names at the second level for the first time on June 10 this year.
The controversial Direct.uk service will enable people to register example.uk names, rather than example.co.uk names.
If you already own a .co.uk name, you’ll get five years to register the matching .uk before it is released into the pool of available names.
Nominet has created a new web site to market the sea-change in how .uk names are administered.

Cartier sues Nominet hoping to set global domain name take-down precedent

Luxury watchmaker Cartier has taken .uk registry Nominet to court, hoping to set a precedent that would enable big brands to have domain names taken down at a whim.
The company sued Nominet in a London court in October, seeking an injunction to force the registry to take down 12 domain names that at the time led to sites allegedly selling counterfeit watches.
We’ve only become aware of the case today after Nominet revealed it has filed its defense documents.
Judging by documents attached to Nominet’s court filings, Cartier sees the suit as a test case that could allow it to bring similar suits against other “less cooperative” registries elsewhere in the world.
In a letter submitted as evidence as part of Nominet’s defense, Richard Graham, head of digital IP at Cartier parent company Richemont International, said that he was:

seeking to develop a range of tools that can be deployed quickly and efficiently to prevent Internet users accessing websites that offer counterfeit goods… [and] looking to establish a precedent that can be used to persuade courts in other jurisdictions where the registries are less cooperative.

It’s worth noting that Richemont has applied for 13 dot-brands under ICANN’s new gTLD program and that Graham is often the face of the applications at conferences and such.
Pretty soon Richemont will also be a domain name registry. We seem to be looking at two prongs of its brand protection strategy here.
According to the company’s suit, the 12 domains in question all had bogus Whois information and were all being used to sell bogus Cartier goods.
None of them used a Cartier trademark in the domain — this is explicitly about the contents of web sites, not their domains names — and Cartier says most appeared to be registered to people in China.
Rather than submitting a Whois inaccuracy complaint with Nominet — which could have led to the domains being suspended for a breach of the terms of service — Cartier decided to sue instead.
Graham actually gave Nominet’s lawyers over a week’s notice that the lawsuit was incoming, writing his letter (pdf) on October 22 and filing the complaint (pdf) with the courts November 4.
Cartier seems to have grown frustrated playing whack-a-mole with bootleggers who cannot be traced and just pop up somewhere else whenever their latest web host is persuaded to cut them off.
Graham’s letter, which comes across almost apologetic in its cordiality when compared to the usual legal threat, reads:

Cartier therefore believes the most cost effective and efficient way to disrupt access to the Counterfeiting Websites operating in the UK is to seek relief from you, as the body operating the registry of .uk domain names.

Armed with the foreknowledge provided by the letter, Nominet reviewed the Whois records of the domains in question, found them lacking, and suspended the lot.
Ten were suspended before Cartier sued, according to Nominet. Another expired before the suit was filed and was re-registered by a third party. A fourth, allegedly registered to a German whose scanned identity card was submitted as evidence by Nominet, was suspended earlier this month.
As such, much of Nominet’s defense (pdf) relies upon what seems to be a new and obscure legal guideline, the “Practice Direction on Pre-Action Conduct”, that encourages people to settle their differences without resorting to the courts.
Nominet’s basically saying that there was no need for Cartier to sue, because it already has procedures in place to deal with counterfeiters using fake Whois data.
Also offered in the defense are the facts that suspending a domain does not remove a web site, that Nominet does not operate web sites, and the following:

Nominet is not at liberty under its Terms and Conditions of Domain Name Registration to suspend .uk domain names summarily upon mere receipt of a demand from someone unconnected with the domain name registrant.

That seems to me to be among the most important parts of the defense.
If Cartier were to win this case, it may well set a precedent giving registries (in the UK at least, at first) good reason to cower when they receive dodgy take-down orders from multibillion-dollar brands.
Indeed, that seems to be what Cartier is going for here.
Unfortunately, Nominet has a track record of at least accelerating the takedown of domains based on nothing more than third-party “suspicion”. Its defense actually admits this fact, stating:

Inaccurate identity and contact information generally leads to the suspension of a domain within three weeks. Where suspicions of criminality are formally confirmed by a recognised law enforcement agency, suspension may be very significantly expedited.

I wonder if this lawsuit would have happened had Nominet not been so accommodating to unilateral third-party take-down notices in the past.
In a statement to members today, a copy of which was sent to DI, Nominet encouraged internet users to report counterfeiting web sites to the police if and when they find them.