ICANN signs Whois’ death warrant in new contracts

Whois as we have known it for decades will be phased out of gTLDs over the next couple of years, after ICANN approved changes to its contracts at the weekend.

The board of directors signed off on amendments to the base Registry Agreement and Registrar Accreditation Agreement after they were approved by the requisite majority of registries and registrars earlier this year.

The changes outline how registries and registrars must make the move away from Whois, the technical specification, toward the functionally similar RDAP, the Registration Data Access Protocol.

After the amendments go into effect, contracted parties will have about 18 months to make the migration. They’ll be allowed to run Whois services in parallel if they wish after the transition.

People will in all likelihood carry on referring to such services as “Whois”, regardless, rather than the official replacement term “Registration Data Directory Services” or RDDS.

The RAA amendment will also require registrars to provide full RDAP output, rather than relying on “thick” registries to do it for them.

None of the changes affect how much personal information is returned for domain ownership lookups.

Epik’s meltdown is a ticking time-bomb for ICANN

There are many ways ICANN could eventually wind up shutting down flailing registrar Epik, but it might face a nightmare of its own when it does.

Epik appears to have been suffering from serious cash-flow problems for the last several months, with some customers still complaining this week that they haven’t been paid money owed as far back as September.

It’s facing a lawsuit by a customer who says he’s owed over $300,000 over a failed domain purchase, accusations that it’s been running its escrow service without the proper paperwork, and claims that current and former executives may have “embezzled” customer money.

It’s an absolute dumpster fire that so far shows little sign of being extinguished, but unfortunately there’s very little about the situation that appears to be in ICANN’s Compliance wheelhouse.

ICANN Compliance has the right to terminate a company’s accreditation — its ability to sell gTLD domains — if that registrar breaches the terms of the Registrar Accreditation Agreement that all registrars must sign.

The RAA does not cover the secondary market, or escrow or store credit services like Epik’s doomed “Masterbucks”.

Ironically, ICANN would stand a better chance of shutting Epik down if its Whois service crashed, or if the registrar for some reason failed to publish an abuse contact on its web site.

However, if Epik is treating its ICANN fees the same way customers say it’s treating their funds, it can expect a nastygram or six from Compliance, if it has not done so already.

Most cases where ICANN ultimately terminates a registrar’s accreditation begin when Compliance gets a note from the bean-counters that somebody hasn’t been paying their quarterly invoices.

Typically, this serves as a tip-off that the registrar is having problems, so Compliance audits the company to see where else it might be in breach, often discovering other minor or major infractions it can add to the docket.

Epik paid ICANN just shy of $150,000 in its last-reported fiscal year to June 30, 2022. If its current cash-flow problem has caused it to miss an ICANN payment in the three quarters since then, Compliance could be another very powerful creditor knocking at its door.

Another way ICANN could bring out the deaccreditation hammer is if Epik suffers unfavorable court rulings related to financial mismanagement. The RAA specifically allows termination if a court finds a registrar committed “fraud” or “a breach of fiduciary duty”.

The customer lawsuit Epik is currently facing could make such a finding, if it reaches trial and things don’t go Epik’s way.

Perhaps a more immediate concern is that the RAA contains another clause allowing termination if a registrar “is disciplined by the government of its domicile for conduct involving dishonesty or misuse of funds of others”.

I am not a lawyer, but I can see an argument being made that this might have happened already.

As Domain Name Wire reported in February, the Insurance Commissioner of Epik’s home state of Washington recently fined the company $10,000 for selling its DNProtect service as an “insurance” product without the proper licences.

Does this count as being “disciplined by the government of its domicile for conduct involving dishonesty”? Legally, I don’t know.

DNW reports in the same article that the Washington state attorney general has been tipped off about Epik’s escrow service, which is also a regulated industry in which Epik apparently does not have the necessary paperwork to operate.

I’m soothsaying here, of course, but any future disciplinary action from Epik’s local AG could well give ICANN Compliance another deaccreditation trigger to pull.

There are multiple excuses Compliance could find to shitcan Epik over the coming months, but let’s look at the downside for ICANN if it does.

Epik has built itself up in recent years as the go-to “free speech” registrar. It’s welcomed, even courted, multiple registrants that have had their domains banished from other registrars for their sites’ controversial content.

That pretty much always means “far-right” content, of course.

Most recently, it took the business of kiwifarms.net, a forum accused of allowing member to doxx and issue death threats against transgender rights activists.

It’s previously been associated with domains for similarly controversial registrants including Andrew Tate, Infowars, 8chan, Gab and The Daily Stormer.

When Monster was replaced by current CEO Brian Royce last September, the company made a big deal about how the new guy and the old guy were aligned on the free speech issue. Royce has subsequently echoed those thoughts.

Given the narrative Epik has created around itself, can you imagine how a certain section of the online public, namely the fringe of the American right-wing, would react if ICANN essentially shut down the “free speech registrar”?

ICANN has for many years faced misinformed criticism that it has the power to take down web sites it does not agree with, that it acts as a gatekeeper for the internet, that it is or risks becoming the internet’s “content police”.

If ICANN were to deaccredit Epik, removing its ability to sell most domain names, it would be incredibly easy to construct a narrative that a bunch of Californian liberals are trying to destroy “free speech” by taking down loads of right-leaning web sites.

It wouldn’t be true, of course, but the notion would only need to be propagated by a clueless Congressperson, a disingenuous podcast host, or a sustained social media campaign, before ICANN’s very raison d’être came under focus by people who don’t particularly care about facts.

Earthquake survivors given domain renewal holiday

ICANN has announced that registrants in earthquake-hit Türkiye and Syria could have their domains protected from expiration.

It’s triggered part of the Registrar Accreditation Agreement that permits registrars to avoid deleting names owned by registrants unable to renew due to “extenuating circumstances”.

ICANN has declared last week’s quakes, which have claimed tens of thousands of lives, such a circumstance.

The move requires registrar participation to be truly effective. There are nine registrars based in Türkiye, none in Syria, but the offer is valid to all accredited gTLD registrars.

ICANN has exercised this power three times before — after Hurricane Maria, during the Covid-19 outbreak, and last year’s Russian invasion of Ukraine.

Abuse crackdown likely in next gTLD registrar contract

ICANN and its accredited registries and registrars have formally kicked off contract renegotiations designed to better tackle DNS abuse.

The aim is to create a “baseline obligation” for contracted parties to “take reasonable and appropriate action to mitigate or disrupt malicious registrations engaged in DNS Abuse”, according to recent correspondence.

This may close the loophole in the contracts identified this year that hinder ICANN Compliance’s ability to take action against registrars that turn a blind eye to abuse.

The current contracts require registrars to “take reasonable and prompt steps to investigate and respond appropriately to any reports of abuse”, which lacks clarity because there’s no agreement on what an appropriate response is.

The registries and registrars stakeholder groups (RySG and RrSG) note that there won’t be an expansion of the term “DNS abuse” to expand into web site content, nor will the talks cover Whois policy.

As is the norm for contract negotiations, they’ll be bilateral between ICANN and a select group of representative contracted parties, and conducted in private.

Talks are expected to take three to six months and the resulting amendments to the Registrar Accreditation Agreement and base Registry Agreement will be published for 30 days of public comment.

It’s been almost 10 years since the RAA was last updated.

New ICANN contracts chart the death throes of Whois

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’s Ukraine relief may extend to Russians too

Russian domain name registrants affected by sanctions could benefit from ICANN’s relaxation of its renewal rules.

ICANN on Monday announced that it was classifying the war in Ukraine as an “extenuating circumstance” under the terms of its standard Registrar Accreditation Agreement.

This means that Ukrainians cut off from the internet due to the invasion could be cut some slack, at their registrar’s discretion, when it comes to renewing their gTLD domains.

But ICANN’s executive team was asked, during a session at ICANN 73 later that day, whether the same benefits could be extended to Russian registrants, perhaps unable to pay due to Western sanctions on payment systems.

Visa, Mastercard, American Express and Paypal are among those to restrict Russian accounts in recent days.

ICANN mostly ducked the question.

Co-deputy CEO Theresa Swinehart responded by deferring to the original blog post, and general counsel John Jeffrey followed up by quoting some of the post’s language:

“I think we’re clear in that the events in Ukraine and the surrounding region are now considered by ICANN to be an extending circumstance under the Registrar Accreditation Agreement, under 3.7.5.1,” he said.

The words “surrounding region”, found in the original post alongside “affected region” and “affected area”, seem to be key here.

They could just as easily refer to Russia as they could to places such as Poland and Hungary, which are currently accepting hundreds of thousands of Ukrainian refugees.

It seems the registrars may have the discretion here; ICANN was apparently in no hurry to provide clarity.

The exchange came during a 90-minute session in which ICANN’s executive team were peppered with community questions, many related to the war and how ICANN might be affected by US-imposed sanctions.

Execs said that ICANN would comply with any US laws related to sanctions but that so far it had not seen anything that would affect its ability to contract with Russian companies.

A question apparently related to whether ICANN was reviewing its relationships with law firms and banks that may be involved with Russian oligarchs, much like Tucows is doing, was ducked.

They were also asked how the $1 million ICANN at the weekend earmarked to help keep Ukraine online might be spent, and while CEO Göran Marby alluded to a broad request from Ukraine for satellite terminals, he said it had been less than a day since the resolution was passed and it was too early to say.

“We obviously will focus on what we can do that makes the maximum impact as close to our mission as we possibly can,” added Sally Costerton, senior VP of stakeholder engagement.

ICANN offers $1 million to Ukraine projects, supports Ukrainian registrants

ICANN has allocated $1 million to help protect internet access in war-torn Ukraine.

Its board of directors at the weekend voted to set aside the “initial sum” of money “to provide financial assistance to support access to Internet infrastructure in emergency situations.”

There’s an expectation that the cash will be spent “on support for maintaining Internet access for users within Ukraine”, where the Russian invasion is described as “tragic and profoundly troubling”, over the next few months, the board said.

It’s not clear yet exactly how the money will be spent, though something related to the keeping the DNS up and running would seem to be the most probable. The resolution calls for the CEO to develop a process to figure it out.

Ukraine’s ccTLD manager, Hostmaster, moved its servers into other European countries shortly after the invasion, and signed up to Cloudlflare’s DDoS protection service. It’s not clear whether it had to spend money on these moves.

ICANN’s million will come from its regular operating budget, not the stash it has set aside from its new gTLD auctions. The auction money will probably be spent on similar things eventually, but the process for allocating that is still being worked out in a committee.

ICANN also said this week that it is, as I and others suggested, exercising section 3.7.5.1 of its Registrar Accreditation Agreement to declare the invasion an “extenuating circumstance”, meaning Ukrainians who are unable to renew their domain name registrations before they expire may not lose them.

Registrars now have the option to keep these domains registered after their usual expiration date and ICANN will not send its Compliance enforcers after them.

“We encourage registrars and registries to support this action and take these circumstances into consideration when reviewing impacted registrants’ renewal delinquencies in affected regions,” ICANN said.

It’s the first time ICANN has exercised this power in connection with a human-made disaster. It previously invoked 3.7.5.1 in response to Hurricane Maria in Puerto Rico and worldwide in response to the Covid-19 pandemic.

Hostmaster itself has extended the redemption period for .ua domains from 30 to 60 days.

Here’s a way ICANN could actually help the people of Ukraine

ICANN may have today decided to decline Ukraine’s request for Russian and Belarusian top-level domains to be taken down, but there’s still at least one way it could do a little bit to help the country’s citizens.

ICANN has the power to help make sure Ukrainian registrants’ domain names don’t expire, which would render their email and web sites unusable if they are unable to access the internet to pay for renewals for an extended period.

The Org is able to waive the contractual requirement for registrars to cancel domains that have not been renewed, in the event of “extenuating circumstances”.

ICANN has used this power twice before. The first time when Hurricane Maria hit the Caribbean in 2017. The second was when the ongoing coronavirus pandemic hit the world in April 2020.

In both cases, ICANN invoked section 3.7.5.1 of the standard Registrar Accreditation Agreement and said the circumstances amounted to a “natural disaster”.

But there’s nothing in the RAA that limits “extenuating circumstances” to just “natural disasters”. The term “natural disasters” does not appear in the contract.

The contract says “other circumstance as approved specifically by ICANN” is a good enough reason to waive the deletion requirements.

It appears that ICANN can unilaterally decide whether the war in Ukraine is a sufficiently “extenuating circumstance” to give Ukrainian domain name owners a break when it comes to renewals.

10 Years Ago… new gTLDs, ICANN pay, DNS abuse and ethics

The more things change, the more they stay the same.

I’ve been in a reflective mood recently, and it’s a slow news day, so I thought now might be a good time to launch a new, irregular feature — a trawl back through the DI archives to see what we were all talking about a decade ago this month.

In many respects, the conversations haven’t changed all that much in the last 10 years. Some are being repeated almost verbatim today. Others seem almost laughably naive with hindsight.

New TLDs

We were just a few months away from the opening of the first big new gTLD application window, but in October 2011 many of the rules of the program were, remarkably, still up in the air.

ICANN still hadn’t decided how much an application would cost. It had yet to decide how it would subsidize poorer applicants.

No Trademark Clearinghouse supplier had yet been found, and there was still some confusion about how the application process would work, and how it would be communicated to potential applicants.

The industry was awash with speculation, as it had been for the whole year, about who might apply for a gTLD. In October, there were stories about potential applications from New South Wales, Orange, Corsica, and BITS.

Afilias was offering $5,000 for new gTLD ideas.

But perhaps the strangest idea was a pitch from CentralNic to the super-rich. For $500,000, it would apply for your family name as a new gTLD. This came to nothing in the 2012 round, but CentralNic’s site is still live.

While new gTLDs were still in the future, October 2011 saw the ongoing sunrise period for the previous round’s .xxx, auctions following the recent launch of .co, and the creation of two new ccTLDs.

Abuse

October 2011 was marked by the registrar community reluctantly agreeing to enter talks with ICANN to renegotiate their standard Registrar Accreditation Agreement, which would ultimately lead to the current 2013 RAA.

The move came as the Governmental Advisory Committee was on the warpath on behalf of its law enforcement allies, demanding more action from the industry on DNS abuse and threatening legislation if it didn’t happen.

Imagine that.

Meanwhile, Verisign asked ICANN for more powers to take down abusive domains, which faced immediate pushback from registrars and others, before the request was retracted mere days later.

The Revolving Door

There was a lot of talk during and around ICANN 42 about conflicts of interest, particular with regards the emergence of a so-called “revolving door” between ICANN’s top brass and the domain industry.

It had been just a few months since chair Peter Dengate Thrush had, on the eve of his retirement from the board, pushed through final approval of the new gTLD program and promptly took a top job at portfolio applicant Minds + Machines.

It looked rotten, and ICANN CEO Rod Beckstrom, who had himself announced he was quitting just months earlier, had made its his personal mission to reduce at least the perception of conflicts of interest at the Org.

He ruled out being replaced by a fellow director, threw money at consultants, and said the next CEO should be an industry outsider.

It was probably all pointless.

As it turned out, the guy who replaced Beckstrom, Fadi Chehade, put in a few years in the corner office before prematurely quitting for private equity, where he now runs the company that owns Donuts, itself run by Chehade’s ICANN number two, Akram Atallah.

The amount of revolving door action at less-senior levels has been so frequent since 2011 that I don’t even keep track of it any more.

ICANN Pay

ICANN gave its top execs big pay raises. Along with death and taxes, this is a universal constant.

Pirate Bay founder says ICANN won’t let him be a registrar

Peter Sunde, co-founder of the controversial Pirate Bay file-sharing web service, says ICANN is unfairly refusing him a registrar accreditation and he’s not happy about it.

Sunde told DI at the weekend that his application for his new registrar, Sarek.fi, to obtain accreditation was recently denied after over 18 months on the grounds that he lied about his criminal convictions on his application form.

He denies this, saying that his crimes were not of the type ICANN vets for, and in any event they happened over a decade ago.

He thinks ICANN is scared about doing business with a disruptive and “annoying” “pain in the ass” with a history of criticizing the intellectual property industry.

Would-be registrars have to select “Yes” or “No” to the question of whether any officer or major shareholder of the company has:

within the past ten (10) years, has been convicted of a felony or of a misdemeanor related to financial activities, or has been judged by a court to have committed fraud or breach of fiduciary duty, or has been the subject of a judicial determination that is similar or related to any of these;

Sunde was convicted by a Swedish court of enabling copyright infringement via the Pirate Bay in 2009, and was sentenced to a year in prison — later reduced to eight months on appeal — and hundreds of thousands of dollars of fines.

The Pirate Bay was a web site that collected links to BitTorrent files, largely copyrighted movies and music.

Because he was not based in Sweden, Sunde avoided jail for several years despite an Interpol arrest warrant.

He eventually served five months of his sentence after being arrested in 2014.

He checked “No” on his registrar accreditation application form, on the basis that he had not been convicted of fraud or any of the other listed financial crimes, and certainly not within the last 10 years.

But ICANN took a broader interpretation, and refused him accreditation due to the Pirate Bay conviction and his Interpol status in 2014, he says.

Since then, the Org, including CEO Göran Marby (with whom he had a brief email exchange) have been ignoring his emails, he says.

Sarek.fi has already been accredited to sell ccTLD domains by the likes of Nominet, Verisign and Donuts, but ICANN’s rejection means the company won’t be able to sell gTLD names.

Sunde says he’s now faced with the likelihood of having to leave his own company in order to secure accrediation, though he’s not ruled out pursuing ICANN through its own appeals process.

He says he suspects ICANN just doesn’t want to do business with him due to his reputation as a disrupter. He’s attended ICANN meetings in the past but wants to get more involved in the policy process.

“it’s really a way for ICANN to make sure that an annoying person with media influence and with a dislike for centralised organisations and monopolies to be there to raise concerns — that they just proved valid,” he told DI in an email.

I take quite an offence to their denial. Not just on the basis of their interpretation of the law (copyright infringement is not fraud, i would have been convicted of fraud then…) Not just because it seems that it’s ok to be a murderer the past 10 years. Or a wife beater. Or a neonazi. These things that are a bit worse than being an internet activist, caring about the free and open internet. The biggest offence I take is to their obligation to the general public to have a broader membership than what they allow today.

Sarek.fi’s business model is to charge a flat fee above wholesale cost for every domain registered.

It’s Sunde’s second domain business. He launched Njalla, a Tucows reseller with a focus on protecting the privacy of registrants, in 2017.