More and more often, the BY domain is being "squeezed out" from Belarusians. Can ICANN take away a country-code domain from a country?

Context. Belarusian independent organizations are losing their domains in the BY zone. For example, the Belarusian Association of Journalists (BAJ) on January 3, 2024 lost your domain name baj.by. In 2023, the OAC will also annulled registration of the domain name of the well-known media resource TUT. BY, owned by Evgenia Chernyavskaya, the daughter of the founder of the portal Yuri Zisser. In addition, last year, two regional independent media outlets, including the popular Belarusian news site ex-press.by, were also stripped of their domain names at the initiative of the OAC.

Operational and Analytical Center under the President of the Republic of Belarus (OAC).  – a state body that regulates activities to ensure the protection of information containing information constituting state secrets of the Republic of Belarus or other information protected in accordance with the legislation from leakage through technical channels, unauthorized and unintentional influences. He is the administrator of the BY domain. The OAC is a full-fledged regulator of the Belarusian information technology sector. And, as emphasized, "independent".

Everyone can buy, including non-residents of Belarus. Designed for any Internet projects related to Belarus or aimed at the audience of this country.

All domains that are not renewed within the allotted period by the previous owner go to a charity auction auction.cctld.by.

How are BY domains taken away?

The Belarusian authorities have applied a new strategy to seize BY domains, targeting domain name holders who cannot return to Belarus due to political persecution. The situation resembles the requirement for personal presence for obtaining a new passport: now the Operational and Analytical Center (OAC) requires BY domain owners to come to Belarus to confirm their data in their personal account. If the domain owner is unable to personally visit the Belarusian office of the registrar to update his data, his domain will be canceled. In addition, representation through an authorized representative will not help* 

* The domain owner tut.by asked the OAC whether her interests could be represented by an authorized representative, they promised to provide an answer - after which a message was received about the cancellation of the domain name registration record.

This innovation raises serious concerns among human rights defenders and observers, as it threatens freedom of expression and access to information, especially for those who have been forced to leave the country due to political pressure.

What should I do if my domain is taken away?

The Belarusian Association of Journalists (BAJ) considers the cancellation of its domain baj.by a serious violation of the right to property and a new attack on freedom of speech. In this regard, the BAJ turned to ICANN, the international corporation responsible for the management of domain names, for assistance. 

You can also try contacting ICANN.

ICANN is a worldwide non-profit organization founded in 1998 to regulate the operation of the Internet space. The corporation was created to coordinate unique identifiers (domains and IP addresses) that allow us to find sites on the Internet. ICANN's primary goal is to support the security, stability, and interoperability of the Internet.

We wrote about the main tasks that ICANN performs above. These include:

• coordination of the domain name system;
• accreditation of domain registrars;
• control over the activities of registers.

ICANN also introduces new domain zones, regulates domain sp

Will it help?

No. The problem is that domain names ending in a two-letter country code, such as .by, are country code top-level domains (ccTLDs). These domains are managed by country-code managers who are appointed in accordance with local law, in collaboration with the local Internet community and the country's authorities. Roughly speaking, even in the most cannibalistic countries, the national domain is owned by the government.

ICANN does not have the authority to participate in ccTLD operations, nor does it have the contractual authority to take compliance measures with respect to ccTLD operators.

This means that decisions on the management of such domains are made at the national level, and international organizations such as ICANN have limited influence on these processes.

In general, ICANN recommends that in any disputable situation, contact the country-code manager of the BY domain, i.e. contact the OAC ... (sounds like a mockery).

It turns out that the cancellation of domains is legal?

Yes and no. The cancellation of domains in this case is one of the options for political repression and an attack on freedom of speech in the country. 

But... 

It should be understood that the . BY is National A top-level domain (ccTLD) and each country are free to establish its own rules and regulations for their registration and management. And the fact that Belarus decided to require some registrants to appear in person for data verification may be quite legitimate from the point of view of ICANN.

It should be noted that no country requires a personal visit to the office of the registrar or regulator when registering a national domain. This is simply absurd as it can be inconvenient or even impossible for a resident. But this is Belarus, baby...

What if I transfer my BY domain to a European/American registrar?

Перенос вашего домена .BY или .БЕЛ к европейскому или американскому регистратору не обеспечит его безопасность. Дело в том, что контроль над этими доменными зонами все равно остается в руках ОАЦ, независимо от выбора регистратора. 

What if Belarus is deprived of the right to administer a national domain?

It's almost impossible. Depriving a country of the right to administer a country-level domain (ccTLD) is an extremely rare and complex procedure, as these domains are usually under the jurisdiction of the relevant national authorities. Country code top-level domains (ccTLDs) are assigned in accordance with the UN lists, where the country must be recognized as an independent state. Belarus is an independent state ... 

International sanctions, domestic political changes, or catastrophic events could all theoretically lead to the deprivation of a country's right to administer the country-code domain. However, in practice, such scenarios have not been encountered. The thing is that respect for the sovereignty of states is a fundamental principle of the international community and the organizations responsible for Internet governance.

And what to do? 

If you live in Belarus, did not go to the protests in 2020, and heard the names 'Tikhanovskaya' and 'Babariko' only on local TV, then do not worry. You don't have to do anything. Your domain will most likely remain with you (but that's not for sure).

If you are abroad and face the risk of political persecution, we recommend that you stop using BY/BEL domains, as well as transfer your website data and other domains from Belarusian (or Russian) companies to registrars in Europe or the United States. This can increase the protection and security of your data and internet resources.