Brexit’s consequences on .eu domain names : EURid’s action plan

Brexit’s consequences on .eu domain names : EURid’s action plan
Image source : Tumisu via Pixabay

In a previous article, we discussed the Brexit’s consequences on .EU domain names, the European Commission announced on 28 March 2018 that companies and individuals, holders of a .EU will no longer be able to renew or register names in .EU if they are not residing in the European Union.

With the Brexit’s date approaching, EURid, .EU registry, has recently published its action plan that has two scenarios depending on the case there is no deal or the case there is a withdrawal agreement between the United Kingdom and the European Union. In the second case, it will be the same actions but they will be implemented on different dates (from December 2020).

Scenario 1: The United Kingdom leaves the European Union with no deal on 30 March 2019 

New registrations

  • From 30 March 2019: EURid will not allow the registration of any new domain name from registrant declaring an address in Great Britain (country code GB) or in Gibraltar (country code GI).

.EU domain names that have GB/GI as the registrant country code within WHOIS, at the time of UK withdrawal

  • On 23 March 2019: EURid will notify by email both GB/GI registrants and their registrars about the forthcoming non-compliance of the data associated to their domain name within the .EU regulatory framework.
  • On 30 March 2019: EURid will again notify by email both GB/GI registrants and their registrars that their domain name is not in compliance with the .EU regulatory framework.
  • Before 30 May 2019: Registrants will be given the possibility to demonstrate their compliance with the .EU regulatory framework by updating their contact data.

During this two months period, the domain names in question will remain active and the following actions are possible:

-Contact data changes including updates to existing contact details pertaining to phone number, email address, postal address and country code;

-Updating a contact or linking a new contact;

-Name server and DNSSEC changes;

-Transfer the domain name to a non GB/GI registrant.

During this two months period, the following actions are not possible:

-Transfer the domain name to a GB/GI registrant;

-Term extension, unless accompanied by a transfer request to an eligible registrant;

-Automatic renewal for domain names that expire in the period between 30 March 2019 and 30 May 2019.

  • As of 30 May 2019: All registrants who did not demonstrate their eligibility will be deemed ineligible and their domain names will be withdrawn.
  • On 30 March 2020, i.e. twelve months after the UK withdrawal: All the affected domain names will become available for general registration.
  • For. EU domain names that are in the ON-HOLD status at the time of UK withdrawal: They will remain registered until there is an outcome of the court case. However, they will be suspended and will cease to function as of 30 May 2019.

-If a court ruling establishes a transfer to an eligible party, that decision will be implemented in the usual way.

-If the domain name stays with the GB/GI registrant, the domain name will be withdrawn.

  • For .EU domain names that are in the SUSPENDED status at the time of UK withdrawal: Evaluation by the registry on a case-by-case basis, moving forward if appropriate, with the withdrawal of the domain name.
  • For .EU domain names that are in the QUARANTINE status at the time of UK withdrawal:

-No transfer to GB/GI registrants from quarantine will be possible during the two months period.

-Transfer to a non-GB/GI registrant will be possible.

Scenario 2: The United Kingdom leaves the European Union with a planned transitional period on 31 December 2020

It will be the same actions but they will be implemented on different dates.

New registrations

  • From 1 January 2021: EURid will not allow the registration of any new domain name from registrant whose country code is either GB/GI.

 .EU domain names that have GB/GI as the registrant country code within WHOIS, at the time of UK withdrawal

  • 23 December 2020: First email sent about the non-compliance of the data associated to the domain name.
  • 1 January 2021: Second email sent about the non-compliance.
  • Before 2 March 2021: Possibility for the registrants to demonstrate their compliance with the .EU regulatory framework by updating their contact data.
  • As of 2 March 2021: All registrants who did not demonstrate their eligibility will be deemed ineligible and their domain names will be withdrawn.
  • On 1 January 2022: All the affected domain names will become available for general registration.

The actions planned in the first scenario regarding the different status « ON HOLD », « SUSPENDED » and « QUARANTINE », will also be applied in the second scenario.

The Brexit’s consequences thus force the British to rethink their domain names strategy. Indeed, the loss of their .EU domain names will be an opportunity for cybersquatters who reside in the E.U. and meet the eligibility criteria, they would then have the rights to register these .EU domain names. Nameshield’s team is at your disposal to reply to all your questions and to propose you the best recommendations regarding your domain names’ portfolio management.

GDPR and consequences: DomainTools appeals injunction decision in .NZ whois case

GDPR and consequences: DomainTools appeals injunction decision in .NZ whois case
Image source: mohamed_hassan via Pixabay

DomainTools sued by DNCL

In June 2018, .NZ registry, DNCL (Domain Name Commission Limited) sued the American company specialized in tools of monitoring and investigation, on the ground that it violated the registry’s terms of use.

The DNCL was successful and the Federal Court in the State of Washington granted a preliminary injunction that banned DomainTools to collect the whois data of .NZ and ordered the suppression of the data used in the existing publications, while the lawsuit proceeded.

Indeed, since June 2016, .NZ registry has indicated in its terms that it was now forbidden to copy the domain names holders’ data.

DomainTools appeals the injunction decision

Without surprise, DomainTools, that first indicated that the use of these data was also of general interest, these data being used by its customers in the context of the fight for cybersecurity, appealed the preliminary injunction.

Of course, this trial reflects the terms of the debate which took place at ICANN regarding the General data protection regulation (GDPR).

DomainTools is mentioned in the American draft legislation unveiled by the Internet Governance Project, which indicates as such, that this attempt would be led by different lobbies. The Transparent, Open and Secure Internet Act of 2018, dated from August 16, 2018 mentions these two possibilities of evolution: 

  • The first called “large” proposes keeping a whois with a wide enough spectrum of information (more or less the same as our old fashioned whois)
  • The second, more limited, would keep this obligation to publish the data to the American residents or to the actors targeting a business activity on the US market.

An intense debate about the GDPR

This trial reminds us how the debates regarding the GDPR implementation are intense within ICANN, opposing actors using the now so precious data and the privacy advocates, supported by the WP29 (Article 29 Data Protection Working Party) that mentions in particular the applicable sanctions.

Finally, it should be reminded that the GAC attempts to minimize the consequences of the European regulation. After being dismissed by the German Court from their attack in May 2018, which aimed a registrar that stopped to provide customers data under the GDPR, the GAC aims to obtain from the EU’s Court of Justice a favorable decision on this subject. The debate about the DomainTools case deserves to be followed closely!

Communication, governance and opening: what we can wish for 2019

Communication, governance and opening: what we can wish for 2019

As 2019 begins, we make three wishes corresponding to an eventful year.

1.A better awareness of the Internet governance.

The main project at the time of international relations, fake news and voluntary disconnection from the Internet: the Internet governance should be at the table of the diplomats, political decision makers and strategic decision makers. France, which shines in the embassies’ world, should be able to take part in the digital decisions. The appointment of Henri Verdier as Digital Ambassador is a good thing, hoping that his knowledge in the private sector will be an absolute strength in his projects for France. France should be interested in the functioning of ICANN, the authority of world regulation of the IP addresses and the domain names. ICANN is recently the subject of strong criticisms regarding potential insider trading. The American desire to entirely privatize ICANN by suppressing its links with NTIA needs everyone’s attention.

2. ICANN decided it: a new opening of the root will soon be done. What temporality? That is a mystery. In the meantime, and so as to prevent that the list of the abandoned extensions does not cease to develop, new uses of the new extensions, whether they are opened (.PARIS, .FOOTBALL, .ICU…) or closed (.MMA, .LECLERC, .BCG…) should be found. Today (and tomorrow) the brand protection through a TLD’s possession is a definite advantage in front of the large number of opened extensions.  A TLD’s possession can also allow the opening of the scope of possibilities, like .BEST will announce at Namescon at the end of the month (surprise!).

3. The third and last wish, to anticipate the new uses of domain names. While the progress curve of the domain names’ volume increases less than previously, the focus should be on the issue of communication on the Internet. It appears as necessary to propose the registration of all possible domain names one can imagine. This is the consortium Unicode, an American entity which decides which character can be integrated in the IT standards. Let’s follow the evolution of the integration of the characters integrated in the Unicode to identify the future domain names trends. The internationalized domain names were a real positive evolution for web users around the world, myself the first concerned, having an accented first name.

Thus it’s very likely that emojis and other special characters will become the stars of the upcoming extensions. Soon the .♥.

These three wishes are part of our work at this time.

For example, our participation in the updating of the methods regarding intangible assets’ financial and extra-financial valuation of the Thesaurus Capital Immatériel by the “Institut de comptabilité de l’immatériel” (Intangible accounting Institute), aims to answer to the need to acknowledge the domain names’ value by financial managers.

Domain names are the first assets held by web users. We are fully aware of the responsibility associated to their management, and our recent developments in terms of operational excellence (ISO 27100) are the new guarantors.

The shutting down of Incels.me, the “involuntary single” website

The shutting down of Incels.me, the “involuntary single” website
Image source: geralt via Pixabay

As a result of the violation of the anti-abuse policy, the .me registry decided to suspend the Incels.me website for an indefinite period. For reminder, the website possesses a forum that regroups members claiming to be single despite themselves, or “incels”, and who exchange on their daily lives through this mean.

Disturbing comments, the source of the suspension

It is not without surprise that the administrators of the incels.me website saw their forum become inaccessible. The investigations done by the registry have allowed to discover hate speeches, threats of rape and even murder in the comments exchanged between the participants. The decision to shut down the website was promptly made on October 15th, 2018, due to the content that violated the anti-abuse policy. According to the registry, this measure was taken to force the Incels.me administrators to take down the inappropriate contents and to prevent hate speech from appearing on the forum again.

Incels.me website associated to attacks?

Last April, Toronto was the scene of a bloody attack, where a man murdered 10 persons by a vehicle-ramming attack. Before attacking, the man posted a message on social networks, where he declared himself “incel”. This is only after the investigation that the police discovered that the murderer was inspired by some violent contents from the forum of Incels.me. The link is quickly made between the individual and the content inciting hatred, but also rape, exchanged on the forum.

Incels.me financed by a Chinese giant with suspicious activities

The inquiries launched on the website allow to trace back to its main financier. Thanks to these investigations, we know today that the incels.me website is financially supported by a big Chinese entity that in parallel owns more than 54 000 other domain names. The investigators were shocked by the potential of illicit nature of this company’s activities, ZhuHai NaiSiNike Information Technology Co. Indeed, on the thousands of domain names registered, the major part is involved in websites hosting of prescription drugs’ illegal sale.

Despite the suppression requests of the abusive comments present on the incels.me forum, the Chinese company didn’t proceed to the removing. The website will thus remain suspended until the removing of the litigious contents.

DNS Belgium will now take offline fraudulent websites within 24 hours

DNS Belgium will now take offline fraudulent websites within 24 hours
Source of the picture: Kreutzfelder via Pixabay

In the context of the fight against insecurity on the web, DNS Belgium, the .BE registry, decided to intensify its action by cooperating with the FPS Economy [The FPS Economy, SMEs, Middle Classes and Energy is a Federal Public Service of Belgium which is responsible for contributing to the development, competitiveness and sustainability of the goods and services market in Belgium] in order to shut down fraudulent websites within 24 hours.

Philip Du Bois, general manager of DNS Belgium indicates: “This protocol will enable us to take even more targeted action, together with the FPS Economy, against possible abuses where .be domain names are involved. It underscores our ambition for a high quality and safe .be zone which serves as suitable environment for the further development of the Internet.”

The aim: to ensure consumers a completely safe Internet browsing on .BE websites.

This procedure will ensure a much higher reactivity. Indeed, until now, FPS Economy couldn’t request a blocking from the registry regarding the content, moreover fraudulent websites with correct identification data (at least of which the forgery couldn’t be proven), were untouchable. The blocking required a request from the Prosecution, i.e. a two weeks long procedure, which left plenty of time for the fraudulent website to create important damages to the consumers. Several hundreds of such websites per year were concerned!

From December, the 1st 2018, the protocol will then allow at the request of FPS Economy, the DNS Belgium registry to block .BE domain names which:

  • Are used for fraudulent websites
  • Host phishing websites

Of course, this procedure will be applied in the case of serious crimes.

The blocked domain name’s owner will have two weeks to react against the blocking. Without action of their part within 6 months, the blocked name will expire.

This still too rare initiative is to be welcomed in a context of the fierce fight against cybercriminality!