Showing posts with label RSSAC. Show all posts
Showing posts with label RSSAC. Show all posts

2018-07-15

News Review | ICANN GNSO Struggles to Draft EPDP Charter re GDPR

graphic "News Review" ©2016 DomainMondo.com
Domain Mondo's weekly internet domain news review (NR 2018-07-15) with analysis and opinion: Features •  1) ICANN GNSO Council Struggles to Draft EPDP Charter re GDPR & ICANN Temp Spec , 2) Other ICANN news: a. EPAG Comments on ICANN Appeal b. GDPR & ICANN: no more la-la land? c. More ICANN Dysfunction? d. RSSAC Review, e. Should the IANA Transition Be Unwound? 3) Names, Domains & Trademarks, 4) ICYMI, 5) Most Read.

UPDATES
20 July 2018
German Court Rules Against ICANN Again--excerpt (ICANN is the "applicant," EPAG is the "defendant") highlighting added:
More information:
ICANN's response: "In referring the matter to the Higher Regional Court in Cologne, the Regional Court did not change its original determination not to issue an injunction against EPAG. The Regional Court also rejected the alternative claims submitted by EPAG in recent court filings. Notably, the Regional Court issued this second ruling without consideration of the additional court filings submitted earlier this week by ICANN and ICANN's Intellectual Property Constituency. Those filings will be part of the record to be transferred to the Higher Regional Court for the appeal. ICANN will continue to pursue this matter as part of its public interest role in coordinating a decentralized global WHOIS for the generic top-level domain system. ICANN awaits further direction from the Higher Regional Court on next steps, which could include referring the matter to the European Court of Justice, issuing a decision based upon the papers already submitted, requesting additional briefings or scheduling a hearing with the parties."--ICANN.org
19 July 2018
EPDP Charter (pdf) and EPDP Initiation Request (pdf) Final 19 July 2018.
GNSO Council Meeting July 19 approving:
Agenda | Chat Transcript and Mp3 and Adobe Connect Recording
1. The GNSO Council hereby approves the EPDP Initiation Request and as such initiates the EPDP.
2. The GNSO Council approves the EPDP Team Charter and appoints Rafik Dammak as the GNSO Council liaison to the EPDP Team on the Temporary Specification for gTLD Registration Data;
3. The GNSO Council hereby appoints Kurt Pritz as the Chair(s) of the EPDP Team.
4. The GNSO Council directs staff to communicate the results of this motion to the GNSO SG/Cs as well as ICANN SO/ACs and to make arrangements for the EPDP Team to commence its deliberations as soon as feasible.

Statements of abstention: Ayden Fedérline (pdf) also below, and Tatiana Tropina (pdf). Stephanie Perrin also abstained (beginning at 1:01:07 on the Adobe Recording above).

18 July 2018
The ICANN Intellectual Property Constituency (IPC), mostly trademark lawyers, apparently not satisfied with how ICANN and its law firm, Jones Day, are arguing their case in Germany, have joined the fray through their own submission (English excerpt above) to the Court in Germany. The filing is in German (pdf), with an unofficial English translation (pdf) provided by ICANN on the ICANN v. EPAG Domainservices, GmbH litigation page.

The draft EPDP Charter (now includes the "scope") and the EPDP initiation request will be considered by the GNSO Council at its meeting Thursday, July 19 (12:00 UTC).

17 July 2018:
Ok, I will surrender to the will of the group (as usual). Just out of interest though, who of you who said lets all trust in good faith are planning to work on the EPDP? there is nothing like eating your own cooking to improve the drive for perfection.....  The purpose of a well scoped Charter and set of deliverables is to make the task of the working group clear and simple. I humbly submit, for the record, that we have left a number of vague terms and timing criteria in there, and it may cause problems later. A stitch in time saves nine, as the old proverb says.-Cheers Stephanie Perrin

16 July 2018--before it's even 'out the gate' (EPDP Charter not yet adopted), the dysfunctional ICANN Community's EPDP (expedited policy development process) may already be "off the rails"--
"I would just like to remark that we were plagued in the [failed] RDS PDP with a plethora of security folks...researchers, contractors, corporate types, etc. who advanced only one point of view....keep open access to WHOIS, it is a) easy for us b) free c) uncomplicated, we have already built our ML and Analytic systems around it d) we need (name a product ) from the existing value added service providers (e.g.Domain Tools), e) criminals will take over the world if you don't listen to us. These are legitimate concerns, but if we are importing a whole range of actors from several ACs (GAC, ALAC, RSSAC, SSAC c.f. recent document SSAC 101) advancing the identical security specialist's viewpoint, which we ought to recognize by now ignores DP [Data Protection] law, I think we have destroyed the GNSO balance and are likely to revisit the morass we fell into on the RDS group. Now, I don't really care if the temp spec falls away because we either can't reach consensus, or wind up with a product that will not stand up in Court. However, the GNSO and ICANN ought to care deeply. So if we accept RSSAC can we limit the influence they will have on the consensus calculus, if I am correct in my fears? it is probably too late to try to exercise any restraint on the other parties (so far over five years, my batting average on risk assessment is really pretty outstanding. Nobody is listening yet....)"--Stephanie Perrin, July 16, 2018  (emphasis and link added). [Editor's note: Stephanie Perrin is one of the few people (perhaps the only person) at ICANN (community, org, or Board) who has the requisite knowledge about data protection laws to have a competent understanding of how the GDPR applies to ICANN and its contracted parties (registry operators and registrars) re: gTLD registration data. The incompetent ICANN management team failed to educate itself or the ICANN community about GDPR law in the two-year period leading up to the enforceable date of May 25, 2018, unlike Salesforce.com Inc., and other responsible multi-national corporations with competent leadership, headquartered in California, who undertook extensive GDPR education programs for management, staff and stakeholders, during the two-year period leading up to May 25, 2018.] 
Apparently former ICANN Chief Strategy Officer Kurt Pritz, who resigned due to a never disclosed "conflict of interest" (during Fadi Chehade's term as ICANN CEO) and is known as the "architect" of ICANN's disastrous new gTLDs program, has already been selected to be the Chair of the EPDP working group (yet to be formed). DomainIncite.com broke the story based on "sources" who say the GNSO Council leadership selection committee made the decision "minus Pritz’s wife, Donna Austin," (who works for domain registry services provider Neustar a/k/a ARI Registry, and is a GNSO Vice Chair), who "recused herself." Editor's note: there's nothing quite like incestuous ICANN--selection of a conflicted problem-plagued ex-employee / ex-officer of ICANN, to be Chair of its most important ICANN community working group! What could go wrong?

The latest version of the EPDP Charter (draft) can be found here according to ICANN staff. As to the missing (and all-important) "Scope section," Keith Drazek (Verisign) reported July 16, "The scope section is now stable and will be ready for inclusion in the full charter document by COB today." Later--Monday Jul 16 22:13:44 UTC 2018--Drazek said:
"The current version of the scope document (pdf) is the result of several weeks of work and substantial compromise, and, as discussed on our Wednesday Drafting Team call, the deadline for substantive comment was Friday. I worked over the weekend to incorporate the comments I received, doing my very best to find the right balance. I believe the scope section is as close as we will get without putting our Thursday vote at serious and certain risk. We are likely all equally unhappy with various parts of it, but sometimes that’s the nature of our work. I am finished with the scope document and it is now with Council leadership and staff for adding to the master Charter document." (emphasis and link added)
Another comment: "To me, the goal of the Temp Spec and this EPDP effort is very simple: to comply with the law. 'Avoid the fragmentation of WHOIS' or the idea of harmonization as a premise or goal is fundamentally flawed. As you know, there is already fragmentation of WHOIS in the cc world. As far as I know, .JP does not even have a WHOIS service. More importantly, I would like to point out the latest guidance regarding Codes of Conduct and Accreditation in the EDPB letter (see page 6 https://www.icann.org/en/system/files/correspondence/jelinek-to-marby-05jul18-en.pdf). Specifically: 1. Certification and/or accreditation are voluntary measures, not mandatory. 2. The responsibility for designing a model that will provide the assurance [of compliance with the GDPR] is, in the first instance, up to the data controllers. The previous language and your latest suggested language pre-suppose there should be a "community-wide model for access or similar framework", which in my view, is inconsistent with the above guidance."--Pam Little (emphasis added)

Desperation started to set in late Monday, comment posted by Heather Forrest, GNSO Chair: 
"... The weight of the task is pushing us to our limits, and it kills me to see the significant efforts at compromise from Panama and the two weeks since come undone in the final 3 days. We've said many times - but I'll repeat it here as now it's urgent and very real - that the community's perception of the Council's ability to deliver on its Bylaws mandate by running this EPDP is at stake on Thursday. If we are unable to agree on the charter, there is a live risk that Pandora's box opens. We had a text that was fairly stable as of Sunday, based on the timeline that we agreed in the DT call last Wednesday. We need to resist the temptation of usurping the work of the EPDP Team. If language is redundant,they will work around it. If it is not perfect, we will empower them to refine, and come back to Council with questions where necessary. Let's get this team started, and see if these last minute issues are truly obstacles to their work. If we do not get them started, we may never find out. If you are willing to work with the text we have as per Keith's Sunday email and let the Team push forward, now is the time to speak up."

Original Post:
Editor's note: ICANN is proving yet once again how incompetent and unfit it is for the role it was given by the U.S. government in 1998 and then completely unleashed in 2016 by the U.S. government to wreak even more havoc on the internet's infrastructure and the global internet community, including domain name registrants worldwide. This week's News Review gives readers updates on:
  • The status of the dysfunctional ICANN community's Expedited Policy Development Process (EPDP) which is one of many consequences of ICANN's incompetent management team wasting 2 years and failing to properly prepare for the European Union's GDPR which became  enforceable May 25, 2018. The EPDP timeline is so short, and the process so rushed, that the GNSO Council has already issued a "Call for Volunteers" though the Council has yet to adopt a Charter for the EPDP;
  • An update on ICANN's legal action in Germany against domain name registrar EPAG (affiliate of Tucows) which chose to comply with EU law (GDPR) instead of ICANN's unlawful contractual terms, temporary specification, and policies;
  • There's much more illuminated in this week's News Review, including this quote, at 2)d. below:
"Root ops [root server operators] are concerned that ICANN does not have the best interests of everyone at heart. Having root servers independent is critical—ICANN is corrupt and can’t be trusted."

1)  ICANN GNSO Council Struggles to Draft EPDP Charter re GDPR & ICANN Temp Spec
ICANN's GDPR Train Wreck  ©2018 DomainMondo.com (graphic)
No EPDP (expedited policy development process) Charter yet, but GNSO Council issued a "Call for Volunteers" 12 July 2018:

See also:

2) Other ICANN News
graphic "ICANN | Internet Corporation for Assigned Names and Numbers"
a. German Registrar EPAG Comments on ICANN Appeal--English translation (pdf)--excerpt:
"Contrary to what the Applicant [ICANN] claims, the Article 29 Working Party has not issued a clean bill of health for the Applicant's modified use of data. On the contrary: the European Data Protection Board [EDPB]- the successor of the Working Group – again delivered an opinion to the Applicant in a letter dated July 5, 2018 – and also referred to the present proceeding. A copy of the letter is handed over as Appendix AG 5.
"In the letter, the Board [EDPB] rejects any attempt to misinterpret the Board's opinions on specific issues as implicit "waving through" data processing; 
"Needless to say, the issues identified here are without prejudice to additional issues, further inquiries or findings being made by the EDPB or its Members at a later date.” (Appendix AG 5, p. 1; translation by the signatories). 
"In its letter, the Board expressly points out that the Applicant [ICANN] does not sufficiently distinguish between the Applicant's own and third parties’ purposes for processing and that it is not the task of the board, but rather the Applicant is to define retention periods."
Affidavit submitted on behalf of EPAG (English translation):

The 5 July 2018 EDPB letter (pdf) was also submitted by ICANN (after EPAG's submittal referenced above), along with more ICANN counsel's commentary differing with EPAG's comments. Copies of the filed documents (in German with some translated into English) are available on the ICANN litigation page ICANN v. EPAG Domainservices, GmbH.

b.  GDPR & ICANN: no more la-la land for ICANN's incompetent management team? 
"[T]he European Data Protection Board (EDPB) effectively said it [ICANN] needs to go back to the drawing board to make its rules around the collection and use of WHOIS data compliant with the General Data Protection Regulation (GDPR) ..."--Dublin-based Karen Gallagher of Pinsent Masons, an expert in data protection and intellectual property law, more infra--
"The EDPB's letter to ICANN 5 July 2018 (8-page / 737KB PDF) sets out a clear position on a number of queries that had been raised by ICANN. The watchdog said:
  • ICANN needs to define its specified purposes and lawful basis for processing personal data and should not conflate this with the legitimate interests and purposes of third parties who may subsequently seek access to the data;
  • that there is no basis for ICANN to insist upon the provision of additional information on administrative and technical contacts from registrants;
  • that the fact that registrants may be legal persons does not take WHOIS outside the scope of GDPR where ICANN is processing personal data relating to individuals within those organisations, and therefore the personal data of such individuals should not be made publically available by default; 
  • that ICANN is required to log access to personal data, but does not necessarily need to actively communicate (push) this log information to registrants or third parties;
  • that ICANN has failed to justify why it is necessary to retain personal data for two years post the expiry of the domain name registration ....
"The need for ICANN to move away from its model of unlimited publication of the contact details of domain name registrants has been in the cards for quite a while. The EDPB noted when commenting on its letter that its predecessor, the Article 29 Working Party, has been offering guidance to ICANN on how to bring the database into compliance with EU data protection law since 2003."--out-law.com 10 Jul 2018 (legal news and guidance from international law firm Pinsent Masons) (emphasis added).

c. More ICANN Dysfunction?
See also: Request 20180610-1, George Kirikos Request (10 June 2018) [PDF, 54 KB], and Response (10 July 2018) [PDF, 155 KB].

d. RSSAC Review: Interisle Consulting Group, LLC, the independent examiner performing the second Root Server System Advisory Committee (RSSAC) Review, published its final report [PDF, 2.58 MB]. The RSSAC Review Work Party (RWP) will prepare a feasibility assessment and initial implementation plan (FAIIP) based on the final report. This will include an analysis of recommendations in the final report for usability and prioritization, provisional budget implications, anticipated resources and the proposed implementation timeline. Interisle and the RWP respectively will then present the final report and the FAIIP to the ICANN Board's Organizational Effectiveness Committee (OEC). The OEC will make a recommendation to the Board on next steps.--ICANN.org.

Quotes from the report--
"Root ops [root server operators] are concerned that ICANN does not have the best interests of everyone at heart. Having root servers independent is critical—ICANN is corrupt and can’t be trusted." (page 22 of 79)(emphasis added)
"Our research did, however, reveal a high-level concern about oversight:
"The NTIA contribution to the RSSAC was not just oversight. NTIA didn’t represent
“governments”, but they were aware of the issues that concern governments, and that
perspective is no longer at the table."
"No single entity now has complete oversight of the root server system. NTIA had that role (nominally) before the transition; no one has it now. The ICANN Board should not be expected to take on that responsibility." (p. 26 of 79) (emphasis added)
e.  Should the IANA Transition Be Unwound? Editor's note: Deadline to respond to the NTIA notice of inquiry (pdf) is July 17, 2018, 5:00 pm EDT. More info here. Read the ICANN Board's weak defense of incompetent and "corrupt" ICANN here (pdf).

3) Names, Domains & Trademarks
graphic "Names, Domains & Trademarks" ©2017 DomainMondo.com
a. Google Asks SEOs if Domain Changes Result in Loss of Traffic--"For the most part, SEOs agreed that domain [name] changes carry a lot of risk and will almost always result in a loss of traffic."--SearchEngineJournal.com (emphasis added).

b. Malformed Internationalized Domain Name (IDN) Leads to Discovery of Vulnerability in IDN Libraries--farsightsecurity.com. Editor's note: more ICANN incompetence revealed.

c. Top 20 countries with highest number of internet users--internetworldstats.com: 1) China, 2) India, 3) U.S., 4) Brazil, 5) Indonesia. More analysis at DataTrekResearch.com. Editor's note:  the missing ingredients include: 1) how are users in each country accessing the internet (percentage that have mobile wireless access only) and at what speed (3G or 4G)?--here's an account of what most internet users in the world deal with; 2) What is the average user spending online in each market? The differences in markets (economic factors such as GDP per capita, online spending, etc.), demographics, internet speed availability (e.g., 4G vs 3G),  presence of censorship (lack of free speech), are some of the many variables that differentiate internet users located in different parts of the world.

d. Google's Chrome browser now runs a different browser process for each internet domain, "Site Isolation," which is now enabled by default, and provides a defense against Meltdown and Spectre attacks--bleepingcomputer.com.

e. ICYMI: Interview of Domain King Rick Schwartz (podcast) | domainnamewire.com

4) ICYMI Internet Domain News 
graphic "ICYMI Internet Domain News" ©2017 DomainMondo.com
a. Cyberspace Lost: "The internet did not develop as [Perry] Barlow had hoped, as Jacob Mchangama illustrates in the latest episode of his podcast, Clear and Present Danger: A History of Free Speech. He notes that the “digital promised land turned into a dystopia of surveillance, disinformation, trolling and hate, to which governments responded with increasingly draconian measures”--Cato.org.

b. "Rampant data collection, surveillance, and censorship may have shattered idealistic notions of the internet's liberating potential. Nevertheless, the internet continues to present an ever-expanding threat surface for authoritarian regimes and information monopolists"--cfr.org.

c. Ugandan social media tax and VPN blocks represent an attack on internet freedom--bestvpn.com.


e. "Being an Afghan or Pakistani woman online attracts prejudice, even danger. But for many, technology is freedom from the past"--indexoncensorship.org.

f.  Zambia is the latest African state trying to muzzle social media with arbitrary laws--qz.com.

g. U.S. intel chief warns of devastating cyber threat to U.S. infrastructure--reuters.com.

h. High-level Panel on Digital Cooperation was established by United Nations Secretary-General Antonio Guterres on 12 July 2018. Editor's note: this group should be watched closely since former ICANN CEO Fadi Chehade is involved. Chehade also served as an advisor to China's Wuzhen Initiative a/k/a Wuzhen Summit a/k/a World Internet Conference. For more on Chehade's shenanigans with China read The Firewall Awakens: ICANN's exiting CEO takes internet governance to the dark side by Kieren McCarthy, The Register: "Chehade knows only too well what this initiative means and represents. Combined with the closed organizing committee, and the closed "advisory committee," the setup is little more than a Chinese-government-run effort to influence global internet governance."

2018-07-08

News Review | Is ICANN Trying To Hijack The Global Internet DNS Root?

graphic "News Review" ©2016 DomainMondo.com
Domain Mondo's weekly internet domain news review (NR 2018-07-08) with analysis and opinion: Features • 1) Is ICANN Trying To Hijack The Global Internet DNS Root? 2) ICANN news: a. GDPR, RDS, WHOIS & ePDP Updates, and more, 3) Names, Domains & Trademarks: Dot COM Still King, and more, 4) ICYMI Internet Domain News, 5) Most Read.

UPDATE: SSAC2 Organizational Review
Time: 20:00 UTC [local time] 4pm EDT (US)
Adobe Connect Room: https://participate.icann.org/OrgReviews – (upon log-in, please, use the automatic dial-out prompt to connect your phone). More information here.
Editor's note: I have already submitted a comment, view here.
The Assessment Report (pdf).
Comment Deadline Extension - SSAC Review Assessment Report - 2 July 2018 - comments on the report are encouraged and can be sent to mssi-secretariat@icann.org until the new deadline of 23:59 UTC on 27 July 2018.
The ICANN Security and Stability Advisory Committee (SSAC) advises the ICANN community and Board on matters relating to the security and integrity of the Internet's naming and address allocation systems. This includes operational, administrative, and registration matters.
Original Post:
1) Is ICANN Trying To Hijack The Global Internet DNS Root?
List of the global internet DNS Root Servers (graphic)
source: iana.org
"Internet overseer ICANN is considering a self-managed governance model for the world's Domain Name System root servers – and one of the outcomes could be a reduction in the number of root servers"--theregister.co.uk.
Apparently the Internet Corporation for Assigned Names and Numbers, the California "non-profit" corporation known as ICANN, is not content in having:
  1. wrecked the global DNS by delegating into the global internet root hundreds of new gTLDs that "fail to work as expected on the internet" (see last week's News Review 2)c. SSAC2);
  2. designed and implemented an ill-conceived new gTLDs program founded upon consumer fraud, a .BRAND extortion racket, exploitative pricing power and greed, and ICANN incompetence (pdf);
  3. expropriated for itself and its "contracted" third parties, potentially every geographic term and reference in the world--cities, regions, states, etc.--for privatized monetary gain and exploitation (in perpetuity);
  4. completely bungled its response to the European Union's data protection law (GDPR).
Now, ICANN, together with its dysfunctional, codependent and captive "ICANN community" dominated by "special interests" (lawyers, lobbyists, contracted parties), apparently wants more--the world's DNS root zone itself configured as 13 named authorities (see graphic above).

ICANN62 Presentation:

ICANN62 Transcript (pdf).

RSSAC037 A Proposed Governance Model for the DNS Root Server System | ICANN.org (pdf).

Editor's note: anything ICANN touches usually does not end well. For that pragmatic reason alone, before there are any other changes to the DNS root servers, I would suggest first that ICANN be prohibited from ever playing any role in the operation or management of the global internet DNS root servers, and that ICANN be required to divest itself from operating the L root server (transfer its operation and management to IETF or another affiliate of the Internet Architecture Board or the Internet Society).

2) ICANN News
ICANN | Internet Corporation for Assigned Names and Numbers (graphic)
a. GDPR, RDS, WHOIS & ePDP Updates: 
ICANN's GDPR Train Wreck ©2018 DomainMondo.com (graphic)
•  European Data Protection Board - Second plenary meeting, Thursday, 5 July, 2018 (pdf) excerpt below:
 EDPB Second Plenary Meeting July 5, 2018 re: ICANN

•  5 July 2018 Letter from European Data Protection Board Chair Andrea Jelinek to ICANN CEO Göran Marby (pdf) embed below, responding to 10 May 2018 letter (pdf) from Göran Marby, in which the EDPB reiterates what it (or its predecessor WP29) had previously told ICANN:

See also ICANN't get no respect: Europe throws Whois privacy plan in the trash | theregister.co.uk.

•  It didn't take long for the ePDP process to start going "off the rails"-- Stacking the deck? The ePDP on the Whois temp spec | internetgovernance.org. See also Proposed Temp Spec EPDP Membership Structure 27 Jun 2018 (pdf).

•  ICANN.org: ICANN Temporary Specification Model Registry Registrar Agreement Amendment Terms 02 Jul 2018--rra-amendment-terms-temp-spec-02jul18-en.pdf [pdf 58.4 KB]


•  Temp Spec's Effects on Registry Agreement (RA) and Registrar Accreditation Agreement (RAA) - ICANN Org Operations and Policy Research 11 June 2018 working draft (pdf) embed below:

See also: Expressions of Interest Sought for Chair of GNSO ePDP on the Temporary Specification for gTLD Registration Data--ICANN.org.

Editor's note: follow GDPR, RDS, WHOIS & ePDP updates on the mail lists here and here and on the wiki. Also note: "development of a post mortem on the RDS PDP and the closure of that PDP. Request that Post mortem is completed by end of July so that it can be shared with the Council" --minutes of the GNSO Council meeting on Wednesday 27 June 2018.

b. ICANN's next round of new gTLDs:
Initial Report on the New gTLD Subsequent Procedures Policy Development Process (Overarching Issues & Work Tracks 1-4) } ICANN.org--comment period closes 5 Sep 2018 23:59 UTC.

c.  Issues Open For Public Comment Closing in July--issue and close date (subject to change):

3) Names, Domains & Trademarks
graphic "Names, Domains & Trademarks" ©2017 DomainMondo.com
a. Dot COM Is Still King: "Afnic has published its 2017 study on the global domain name market, based on ICANN statistics, registry figures, specialized site information and internal research ... With nearly 135 million domain names, .COM remains the "heavyweight" in legacy TLDs and saw its market share increase from 38.9% to 39.5%, ... The "Other Legacy" TLDs suffered in 2017, losing 2% in stock. Overall market growth was 1.2% in 2017, down from 7.1% in 2016 ... nTLDs came to an abrupt halt in 2018, and saw their market share decrease ... The study of the distribution of domain names at the global level clearly shows a  predominance of North America for "Legacy" TLDs with nearly 58% of the .COM names, Europe for ccTLDs (49%), and Asia-Pacific for nTLDs (51%). The domain name market in 2017 was also marked by a phenomenon of change and recomposition. The concentration of players continued at all levels while the financial situation remained tense ..."--Afnic Study: The Global Domain Name Market in 2017 (June 28, 2018) | afnic.fr (emphasis added).

b. Designer Michael Kors is seeking injunctive relief and millions in damages from 150 entities operating in South Florida selling knockoffs online. The 28-page complaint (pdf) was filed June 21, 2018, in the U.S. District Court for Florida's Southern District Miami Division, according to flarecord.com, and alleges the defendants are committing "federal trademark counterfeiting and infringement, false designation of origin, cybersquatting, common law unfair competition and common law trademark infringement."

c. Australia ccTLD .au -- point vs counterpoint -- registry service providers Afilias vs Neustar (Neustar a/k/a ausregistry and ARI Registry Services):
Afilias: ".au Completes Historic Transition to Afilias, 3.1M Domain Names Transferred to New Infrastructure"--circleid.com
vs
Neustar: "Setting the story straight: Neustar’s role in auDA’s Registry Transformation Project"--ausregistry.com.au
Meanwhile auDA's share of .au domain name fees raises eyebrows--afr.com: auDA used to take "$2.66 a year from every domain fee, with $7.70 going to Neustar. The new breakdown, auDA told us, is a staggering $6.13 to auDA per domain per annum. Which presumably gives $2.54 per annum to Afilias ..." 

d. Brexit Notice--eurid.eu:  "... On 10 April 2018 EURid, the .eu registry manager, received a communication from the European Commission stating the following:
“The revocation of existing holders’ rights and the prohibition for registrars from processing any more requests for registrations or renewals for .eu domain names whose holders are no longer eligible must be prepared so that the necessary measures are effective as from 1 January 2021 or, in case that there were no withdrawal agreement in force before 30 March 2019, as from 30 March 2019.”
"Upon request of the Commission, we drafted a high-level plan to implement the domain name revocation scenario(s). At the same time, we highlighted several pending matters that should be communicated to the registry manager before we can enforce any measure. Among them:
  • What is the earliest date on which the European Commission will be able to inform EURid of the chosen option?
  • What domain names are affected by the decision of the European Commission? For example, will there be any difference of approach where the registrant is from Great Britain, Northern Ireland, Gibraltar or other British overseas territories?
  • What will happen to domain names reserved by the UK government as listed in the Annex of EC Regulation 874/2004?
"We understand the concerns of our stakeholders about this decision. We are fully committed to share further details as soon as they become available to us and invite you to regularly visit this webpage for updates."

4) ICYMI Internet Domain News 
graphic "ICYMI Internet Domain News" ©2017 DomainMondo.com
a. Top 5 Things you should know about DNS--The Domain Name System, or DNS, could be slowing you down or even exposing you to security issues--techrepublic.com.

b. U.S.: EFF Sues to Invalidate FOSTA, an Unconstitutional Internet Censorship Law--EFF.org.

c. The great firewall of China: Xi Jinping’s internet shutdown--TheGuardian.com 29 Jun 2018--"today the country has the largest and most sophisticated online censorship operation in the world."
See also  Freedom segregated--"a proposal of the Hainan government that would enable access to overseas social media platforms that are otherwise censored in China"... "was met with firm criticism when it was released on June 21, on the provincial government website"--hongkongfp.com [Editor's note: as the news story cited indicates, the proposal to allow full access to the internet on China's island province of Hainan has been withdrawn from the website where originally published.]

d. Russian activists turn to UN Human Rights Council about Internet censure--crimerussia.com.

e. Venezuela blocks Tor browser--cnet.com

f. EU: European Parliament to review copyright rules in September--the plenary voted by 318 votes to 278, with 31 abstentions to reject the negotiating mandate, proposed by the Legal Affairs Committee on 20 June. As a result, Parliament’s position will now be up for debate, amendment, and a vote during the next plenary session, in September--europarl.europa.eu.

g. Politically Correct? What Happens When Social Media Censors the News: Facebook apologizes to a Texas newspaper after it initially flagged a post of the text of the Declaration of Independence as "hate speech"--TheHill.com.

h. App Traps: How Cheap Smartphones Siphon User Data in Developing Countries - Tension between privacy and sharing of user data stokes a debate in West, but much less so in developing economies--WSJ.com.

5) Three Most Read posts this past week on DomainMondo.com: 
graphic "Domain Mondo" ©2017 DomainMondo.com


-- John Poole, Editor, Domain Mondo 

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2018-05-13

News Review: As GDPR Deadline Looms, Is ICANN Lost in La-La Land?

graphic "News Review" ©2016 DomainMondo.com
Domain Mondo's weekly internet domain news review (NR 2018-05-13) with analysis and opinion: Features •  1) As GDPR Deadline Looms, Is ICANN Lost in La-La Land? 2) Other ICANN news: a. .APP & Failing New gTLDs, b. Afilias vs ICANN re .WEB, c. ALAC At Large Review, d. RSSAC,  e. Adobe Connect, 3) Names, Domains & Trademarks, $GDDY, $TCX, 4) ICYMI, 5) Most Read.

WHOIS GDPR Update 17 May 2018: ICANN Board Approves Temporary Specification for gTLD Registration Data | ICANN.org: Temporary Specification for gTLD Registration Data (Approved 17 May 2018; Effective as of 25 May 2018) PDF [735 KB] embed below:

Additional Resources
  • The ICANN Board of Directors' resolution, available here, was unanimously adopted, and may be reaffirmed every 90 days for no more than one year.
Cherine Chalaby, ICANN Board Chair said: "While there are elements remaining to be finalized, the adoption of this Temporary Specification sets us on the right path to maintaining WHOIS in the public interest, while complying with GDPR before its 25 May enforcement deadline."

To ensure compliance with the GDPR, access to personal data will be restricted to layered/tiered access, where only users with a legitimate purpose can request access to non-public data through registrars and registry operators. Until a unified access model is in place, registries and registrars will have to determine which requests are permissible under the law. Alternatively, users may contact either the registrant or listed administrative and technical contacts through an anonymized email or web form available via the registered name's registrar. Registrants may opt to have their full contact information made publicly available. (source: ICANN.org)

Prior UPDATES:
15 May 2018 ICANN Webinar: Proposed Temporary Specification for gTLD Registration Data
Adobe Connect Replay. Reference Materials:
13 May 2018 Approved Board Resolutions | Special Meeting of the ICANN Board | ICANN.org: "Consideration of the Temporary Specification for gTLD Registration Data (Implementation of GDPR Interim Compliance Model)--"Resolved (2018.05.13.11), the Board intends to move to a decision on the adoption of a proposed Temporary Specification on gTLD Registration Data (pursuant to the procedures in the Registry Agreement and Registrar Accreditation Agreement concerning the establishment of temporary policies) on or about 17 May 2018. The Board intends to use this additional time to confirm that appropriate modifications are incorporated into a proposed Temporary Specification prior to considering adoption. Upon adoption, a proposed Temporary Specification would be effective for a 90-day period beginning 25 May 2018, and the Board would reaffirm its temporary adoption every 90 calendar days for a total period not to exceed one year."

Revised proposed Temporary Specification on gTLD Registration Data (redline):

Original Post:
1) As GDPR Deadline Looms, Is ICANN Lost in La-La Land? 
 ICANN's GDPR Train Wreck ©2018 DomainMondo.com
ICANN's GDPR Train Wreck: How Many Days Until May 25?

With the May 25th GDPR deadline looming, has ICANN moved from its previous delusional fantasy world to confronting the harsh reality that ICANN is nowhere ready to comply with the European Union's General Data Protection Regulation (GDPR) by May 25, less than two weeks away, or is ICANN still lost in La-La Land? ICANN leadership and management essentially wasted most of the last two years instead of properly preparing for the GDPR:
See: UPDATE May 10, 2018: ICANN CEO's Desperate 6-page Letter to WP29 Chair.
"A day late and a dollar short," ICANN is now grasping for straws--see May 5, 2018 Letter from ICANN Board Chairman Cherine Chalaby (pdf), to the Government Advisory Committee (GAC) Chair Manal Ismail re: "ICANN Board Board comment on GAC Advice regarding GDPR" excerpt below:
"... The Board’s current thinking and approach on the proposed Interim Model (May 25) is inconsistent or could be viewed as inconsistent with certain items of the GAC’s advice, and as a result the Board would find great benefit in having an exchange with the GAC on these matters ...  the Board proposes to discuss these matters via a conference call with the GAC during the week of 7-13 May 2018. The Board acknowledges the short notice of this request but given the fast-approaching effective date of the GDPR [May 25] realizes the need to move as quickly as possible to address the GAC advice prior to the Board taking action on an Interim Model (May 25) ..." (emphasis added)
The results from the ICANN Board's confab with the GAC? "... the Board has made a preliminary determination that its current approach on the proposed Interim Model (May 25), to be implemented in a Temporary Specification, is inconsistent or could be viewed as inconsistent with certain items of GAC advice."--11 May 2018 Letter from Cherine Chalaby to Manal Ismail (pdf).

And then late Friday, May 11, ICANN announced its Proposed Temporary Specification Now Available | ICANN.org: available here [PDF, 625 KB] (Registrants pay particular attention to page 29--Appendix I: Supplemental Procedures to the Transfer Policy) --[Editor's note: see revised redline version above.]

Meanwhile the wreckage from ICANN's GDPR Train Wreck keeps piling up--

UPDATE: All ICANN GDD Summit 2018 Session Recordings here.
GDD Industry Summit | 14-17 May 2018 | ICANN.org--agenda (pdf) excerpt:

1 May 2018 Letter from Tobias Sattler [CPH] to Akram Atallah [ICANN org] [Published 4 May 2018] Contract Party House TechOps (CPH TechOps) on GDPR Impact on Domain Name Transfers and Registrant Contact Changes.

7 May 2018 Letter from Tobias Sattler to Akram Atallah [Published 10 May 2018] Contracted Party House (CPH) TechOps on GDPR Impact on Domain NameTransfers and Registrant Contact Changes: "Unfortunately, the alternative proposal put forth by ICANN is not feasible for implementation in advance of 25 May 2018." 

10 May 2018 Letter from Dean Marks & Steve Metalitz [COA] to Akram Atallah & Cyrus Namazi [ICANN] [Published 11 May 2018] Coalition for Online Accountability (COA) opposes the RrSG (Registrar Stakeholder Group) request to halt implementation of privacy/proxy accreditation.

Accred-Model Version 1.5 May 11, 2018: version 1.5 [pdf] Accreditation and Access Model.--"A few skeptical thoughts in a tweet thread. https://twitter.com/qirtaiba/status/995071967572062214 These may not qualify as "constructive", but I wouldn't want to have silence interpreted as assent." -- Jeremy Malcolm, Senior Global Policy Analyst, Electronic Frontier Foundation eff.org.

Editor's note: ICANN Board Chair Cherine Chalaby said this week that accreditation guidance from the EU will not come until late summer, seemingly dashing the hopes of the lawyers and lobbyists pushing their "version 1.5" above. It's just one more aspect of ICANN's GDPR Train Wreck. Send your 'Thank You' notes to ICANN CEO Goran Marby & the ICANN Management Team.

2) Other ICANN news
graphic "ICANN | Internet Corporation for Assigned Names and Numbers"
a.  Google's (purchase price $25,001,000) new gTLD .APP launched (General Availability) this past week, achieving a total of  191,447 registrations by Friday May 11, 2018, according to  ntldstats.com, but even .APP was unable to stanch the overall hemorrhaging of new gTLDs' domain name registrations:
New gTLDs domain name registrations, including .APP, Apr 30 - May 11, 2018, source: ntldstats.com
This is what happens when you design and implement a new gTLDs program founded on consumer fraud, .BRAND extortion racket, exploitative pricing power and greed, and ICANN incompetence:
New gTLDs domain name registrations, April 2017 - May 11, 2018, source: ntldstats.com
ICANN's failing new gTLDs are also impacting ICANN's finances--ICANN FY18 Q3 Presentation (pdf)--excerpt:
See also: ICANN's new gTLDs increase online child sexual abuse imagery--"New gTLDs being used for the distribution of child sexual abuse imagery continues to be a rising trend in 2017"--IWF.org.uk: Internet Watch Foundation: Annual Report 2017 (pdf) (The IWF Annual Report is a record of its actions against online child sexual abuse imagery during 2017).

b. Afilias vs ICANN et al re: new gTLD .WEB: see latest correspondence between counsel for Afilias and counsel for ICANN.

c. ALAC--At-Large Advisory Committee--ICANN's perennial "problem child":
"... all the recommendations have been either flatly rejected or modified. Furthermore, if the proposal is adopted by the OEC and ICANN Board without ALAC first properly dealing with the concerns from the wider ICANN community, this would set an alarming precedent for any future ICANN Review. If critical opinions and recommendations, particularly those that are broadly supported within the ICANN community, are perceived as ultimately being ignorable, ICANN Reviews will lose credibility"--CPH to ICANN Board, infra
Letter from Graeme Bunton [Contracted Party House (CPH)] to ICANN Board Chair Cherine Chalaby | ICANN.org: Statement of concern for At-Large Review Implementation Overview Proposal, excerpt:
".... The CPH believes the Organizational Effectiveness Committee of the ICANN Board should not consider ALAC’s proposal until such time as a detailed response is provided by ALAC that addresses criticism raised by the At-Large Review report, and the questions helpfully put together by ICANN staff. This response should be presented to the whole ICANN community, so that any further input from, or discussion with, the community can be arranged, to see the Review through to an appropriate end."--bunton-to-chalaby-07may18-en.pdf [59.5 KB]

d. RSSAC034 | Report from the RSSAC May 2018 Workshop | ICANN.org: "The purpose of this workshop was to finalize the proposed governance model (the Model) for the DNS Root Server System (RSS). At the workshop, the RSSAC reviewed the Model, discussed scenarios and implementation, and planned next steps." More info: 09 May 2018 rssac-034-09may18-en.pdf [63.5 KB]

e. Adobe Connect Update | ICANN.org: "Based on your overwhelming sentiment, over 75% of you asked in one way or another for Adobe Connect, we are carefully moving ahead with attempting to restore Adobe Connect"--Editor's note: my input via email to ICANN April 20, 2018 (cc EU antitrust & WP29, David Redl (NTIA), ICANN CEO, Board Chair & Ombudsman):
"This is a "no-brainer"--restore the Adobe Connect ASAP (until you find a better or equal solution for less cost)--Adobe Connect should have NEVER been taken offline, particularly in the middle of ICANN61, as you report the only known exploit of the vulnerability was by the same "researcher" who "discovered" and reported the vulnerability. By that same logic, the entire DNS, with all of its KNOWN and UNKNOWN vulnerabilities, including the Public WHOIS, should be taken offline immediately. But since ICANN org has no respect nor regard for the vast majority of the world's domain name registrants, we all know where ICANN org stands on that issue. As members of the global internet community, none of us have a choice, we are continuously assaulted and burdened by the poor decisions made by overpaid and incompetent ICANN org management and the dysfunctional, self-selected "ICANN community" dominated by "special interests"--trademark lawyers, corporate lobbyists, and contracted parties--registrars and registry operators. Maybe the European Union can help us with the "privatized" ICANN global monopoly, since the U.S. government abandoned its "stewardship" role in 2016."

3) Names, Domains & Trademarks
graphic "Names, Domains & Trademarks" ©2017 DomainMondo.com
a. Trademarks: Flood of Trademark Applications From China Alarms U.S. Officials | WSJ.com: "... applications that officials say appear to be rife with false information. .."

b. $GDDY: GoDaddy's Ray Winborne, Chief Financial Officer, and Mike McLaughlin, Chief Customer Officer, will present at the 46th Annual J.P Morgan Technology, Media and Communicaitons Conference in Boston on Tuesday, May 15, 2018 at 3:00 p.m. EDT. A live audio webcast of the event will be available on GoDaddy's investor relations website. Following the presentation an audio replay will be available at investors.godaddy.net. See also: Q1 2018 results reported this past week by GoDaddy $GDDY  and Tucows $TCX.

4) ICYMI Internet Domain News 
graphic "ICYMI Internet Domain News" ©2017 DomainMondo.com
a. Victory! Georgia Governor Vetoes Short-Sighted Computer Crime Bill | Electronic Frontier Foundation | eff.org

b. How to Trace an Email Message | SecurityBoulevard.com

c. In a Desperate Move to Squash Internet Freedom, Iran Blocks Telegram | Center for Human Rights in Iran | .iranhumanrights.org

5) Three Most Read Posts & Readership Stats this past week on DomainMondo.com: 
graphic "Domain Mondo" ©2017 DomainMondo.com



Readership geolocation stats, top 4 this week (based on page views): 
1) U.S., 2) China, 3) Germany, 4) France.

-- John Poole, Editor, Domain Mondo 

feedback & comments via twitter @DomainMondo


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