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ICANN has shirked its compliance duties and is handing GoDaddy a “Get Out of Jail Free” card with proposed changes to their .xxx registry agreement, according to critics.
A recently closed public comment period saw a mixed response from the community on whether GoDaddy should be allowed to throw out inconvenient and costly terms of its 10-year-old registry contract and operate .xxx more of less like any other open gTLD.
While the deal’s chief critic, consultant and former ICANN director Michael Palage, has made a detailed case explaining why he thinks the amendments should not go ahead, other commenters agree with GoDaddy that some of its stricter registration policies are no longer needed.
Tucows said that the current .xxx rules, which require registrants to verify their identities, are “cumbersome or non-transparent”, not only adding unnecessary friction to the registration path but also amounting to the “surveillance of sex workers”.
Palage managed to persuade the At-Large Advisory Committee to submit its own comments, in which ALAC claims that GoDaddy has already “walked away” from three important contractual commitments on registrant verification and abuse reporting “unilaterally and without consequence from ICANN Contractual Compliance”.
According to Palage, when GoDaddy acquired ICM Registry from MMX a few years ago it unilaterally decided to stop verifying the identities of its registrants and did away with the unique community membership IDs that enabled it to deactivate a registrants entire portfolio if it was found to be in breach of the rules by, for example, publishing child sexual abuse material.
ICM also stopped donating $10 for every registration to its oversight body, IFFOR, which in turn spent the money it did receive on director salaries rather than making cash grants to child protection causes, Palage says. I’ve previously gone into some depth on this.
“I am concerned that instead of ICANN compliance holding ICM Registry accountable to these representations, they’re essentially giving them a get out of jail card free and potentially removing the ability for third parties to hold ICM Registry accountable to those representations,” Palage said during a March presentation to the ALAC.
His draft comments for the ALAC were subsequently submitted under his own name; ALAC submitted a shorter, somewhat watered down version drafted by chair Jonathan Zuck.
But ALAC and Palage are in agreement that GoDaddy should have gone through the usual Registry Services Evaluation Process if it wanted to change the terms of its contract, and that the proposed amendments set a terrible precedent. ALAC wrote:
The Business Constituency echoed ALAC’s concerns in its own comments, as did registry operator CORE Association.
Comments in favor of the .xxx amendments came from two veteran, dissenting voices from the At-Large community, Evan Leibovitch and Carlton Samuels. They said removing the extra requirements from the .xxx contract would reduce confusion and were worthless anyway:
Tucows’ support for the amendments are based largely on what a pain in the neck it can be — for registrant and registrar — to register a .xxx domain. Its comments explain:
I’m not really buying the “surveillance of sex workers” claim. Porn producers in many jurisdictions, including the US, already routinely verify the identities of their performers, and keep copies of their identity documents on file, as a legal requirement to ensure their employees are not underage.
ICANN is due to publish its summary of the public comment period by May 20.
How ICANN handles the renewal of and amendments to the .xxx contract will be interesting to watch. Will the Governmental Advisory Committee get a chance to weigh in before the deal is signed? Will the board pass a resolution, or will we see a repeat of the .org renewal debacle?
The post GoDaddy getting a free pass from porn jail? first appeared on Domain Incite.
Continue reading...
A recently closed public comment period saw a mixed response from the community on whether GoDaddy should be allowed to throw out inconvenient and costly terms of its 10-year-old registry contract and operate .xxx more of less like any other open gTLD.
While the deal’s chief critic, consultant and former ICANN director Michael Palage, has made a detailed case explaining why he thinks the amendments should not go ahead, other commenters agree with GoDaddy that some of its stricter registration policies are no longer needed.
Tucows said that the current .xxx rules, which require registrants to verify their identities, are “cumbersome or non-transparent”, not only adding unnecessary friction to the registration path but also amounting to the “surveillance of sex workers”.
Palage managed to persuade the At-Large Advisory Committee to submit its own comments, in which ALAC claims that GoDaddy has already “walked away” from three important contractual commitments on registrant verification and abuse reporting “unilaterally and without consequence from ICANN Contractual Compliance”.
According to Palage, when GoDaddy acquired ICM Registry from MMX a few years ago it unilaterally decided to stop verifying the identities of its registrants and did away with the unique community membership IDs that enabled it to deactivate a registrants entire portfolio if it was found to be in breach of the rules by, for example, publishing child sexual abuse material.
ICM also stopped donating $10 for every registration to its oversight body, IFFOR, which in turn spent the money it did receive on director salaries rather than making cash grants to child protection causes, Palage says. I’ve previously gone into some depth on this.
“I am concerned that instead of ICANN compliance holding ICM Registry accountable to these representations, they’re essentially giving them a get out of jail card free and potentially removing the ability for third parties to hold ICM Registry accountable to those representations,” Palage said during a March presentation to the ALAC.
His draft comments for the ALAC were subsequently submitted under his own name; ALAC submitted a shorter, somewhat watered down version drafted by chair Jonathan Zuck.
But ALAC and Palage are in agreement that GoDaddy should have gone through the usual Registry Services Evaluation Process if it wanted to change the terms of its contract, and that the proposed amendments set a terrible precedent. ALAC wrote:
The Business Constituency echoed ALAC’s concerns in its own comments, as did registry operator CORE Association.
Comments in favor of the .xxx amendments came from two veteran, dissenting voices from the At-Large community, Evan Leibovitch and Carlton Samuels. They said removing the extra requirements from the .xxx contract would reduce confusion and were worthless anyway:
Tucows’ support for the amendments are based largely on what a pain in the neck it can be — for registrant and registrar — to register a .xxx domain. Its comments explain:
I’m not really buying the “surveillance of sex workers” claim. Porn producers in many jurisdictions, including the US, already routinely verify the identities of their performers, and keep copies of their identity documents on file, as a legal requirement to ensure their employees are not underage.
ICANN is due to publish its summary of the public comment period by May 20.
How ICANN handles the renewal of and amendments to the .xxx contract will be interesting to watch. Will the Governmental Advisory Committee get a chance to weigh in before the deal is signed? Will the board pass a resolution, or will we see a repeat of the .org renewal debacle?
The post GoDaddy getting a free pass from porn jail? first appeared on Domain Incite.
Continue reading...
