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.gay flunks community review for second time

Kevin Murphy, October 9, 2015, Domain Policy

dotgay LLC has failed in its bid to eliminate its competitors for the new gTLD .gay for the second time.

After an unprecedented re-run of its Community Priority Evaluation, the applicant scored just 10 out of the 16 available points.

That’s exactly the same as it scored the first time around, exactly one year ago, still four points short of success.

For the second time, dotgay scored zero from a possible four points on the “Nexus” criteria — the link between the string “gay” and the community dotgay wants to serve.

The CPE panel decision reads:

The Panel has determined that more than a small part of the applicant’s defined community is not identified by the applied-for string, as described below, and that it therefore does not meet the requirements for Nexus.

The Panel has determined that the applied-for string does not sufficiently identify some members of the applicant’s defined community, in particular transgender, intersex, and ally individuals

As I explained a year ago, when the first CPE panel flunked the applicant for exactly the same reason, dotgay’s proposed community included lots of people who would not necessarily describe themselves as “gay”.

You, possibly, for example.

If you’re an “ally” of gay people, by for example supporting equal rights, then you would qualify as “gay” under dotgay’s definition.

If you’re transgender or intersex, you would similarly captured by this definition. The panel said:

Despite the applicant’s assertions to the contrary, its own evidence here shows that “gay” is most commonly used to refer to both men and women who identify as homosexual, and not necessarily to others. The applicant’s “umbrella term” argument does not accurately describe, for example, the many similar transgender stories in the mass media where “gay” is not used to identify the subject. In these cases, “transgender” is used because “gay” does not identify those individuals.

The panel concluded that .gay “does not identify or match” the target community, and scored it zero.

dotgay had a second roll of the dice because the first CPE panel was found to have committed a process error by not sufficiently verifying the company’s many dozens of letters of support from gay advocacy organizations.

However, this error did not relate to the Nexus criteria, so a victory was always going to be a long shot.

The .gay gTLD is now heading to auction, where Minds + Machines, Rightside and Top Level Design are the other bidders.

You can read the new decision in PDF format here.

Chehade outlines five ways ICANN could die

Kevin Murphy, October 7, 2015, Domain Policy

Aarrgh! We’re all going to die!!!!1

ICANN CEO Fadi Chehade has outlined five ways in which the internet could fall to pieces if the IANA transition fails, and they all seem really horrible.

Chehade presented the list at a telephone meeting of leaders of ICANN supporting organizations and advisory committees yesterday.

I don’t know what was said yet, but I can guess the tone from one of Chehade’s accompanying slides:

5 Risks we face if the IANA Stewardship Transition is Delayed/Fails:

I. ICANN’s community may fracture or fray slowly, becoming divided, acrimonious, bitter — potentially risking ICANN’s stability, effectiveness — and impacting the participation of global stakeholders

II. The technical operating communities using IANA may go separate ways, with the IETF and the Numbering communities choosing to take their business elsewhere — ending the integrity of the Internet’s logical infrastructure

III. Governments (encouraged by G77) may lead an effort starting at this year during the WSIS review to shift Internet Governance responsibilities to a more stable and predictable inter-governmental platform

IV. Key economies that shifted positions since NTIA’s announcement in March 2014 may reverse their support for ‘one Internet’ logical infrastructure coordinated by ICANN

V. The resilience and effectiveness of the multistakholder model will be questioned by those seeking solutions to the emerging Internet Governance issues in the economic and societal layer (e.g. cyber security, trade, privacy, copyright protections, etc.)

Judging by the slides, ICANN reckons that the community needs to have its transition proposal delivered by December, if ICANN is to meet the current September 30, 2016 transition deadline.

There are a whole host of sessions devoted to the transition at the forthcoming public meeting in Dublin.

The transition process is currently in a very tricky spot because the ICANN board of directors does not agree with the community proposals to restructure ICANN.

.food applies for dot-brand status, but you can help stop it

Kevin Murphy, October 6, 2015, Domain Policy

Scripps Networks, the company that runs the Food Network television network, wants to make .food a dot-brand gTLD that only it can use.

The company has applied to ICANN to have Specification 13 exemptions incorporated into its Registry Agreement.

Spec 13 is an add-on to the RA that dot-brands use to exempt themselves from having to sell to the public via the registrar channel, offer sunrise periods, and so on.

Scripps subsidiary Lifestyle Domains won the .food contention set after an auction with Donuts and Dot Food LLC a couple months ago.

It’s one of the applications that was identified by the Governmental Advisory Committee as a “closed generic”. Such applications were subsequently banned by ICANN.

Scripps and dozens of other applicants were given the option to change their applications to remove the single-registrant policy, to withdraw, or to carry their applications over to the next round.

But Scripps is pressing ahead regardless, claiming that if anyone else is allowed to own .food domains, all kinds of horrible things will happen. It recently told ICANN:

Internet users will benefit more from Scripps operating .FOOD because it will provide more trusted experiences. Left open to the wild west of typosquatters and cybersquatters or fraudulent users, internet users will be harmed rather than helped. With a plethora of unregulated websites in a fully open registry, the public could be misled or confused as to the origin of the content and information and rely, to their detriment, on such content.

It more recently told ICANN that it has no intention of modifying its application to comply with the GAC advice. ICANN now considers the matter “resolved”.

What’s not resolved is whether .food qualifies for Spec 13 status.

To use Spec 13, the gTLD needs to match a trademark you own, but it cannot be also be a generic string, defined as:

a string consisting of a word or term that denominates or describes a general class of goods, services, groups, organizations or things, as opposed to distinguishing a specific brand of goods, services, groups, organizations or things from those of others.

ICANN lawyers will make the ultimate decision about whether .food qualifies for Spec 13, but the request is open for public comment until October 29.

ICANN told DI: “ICANN has not yet made a determination as to if the application qualifies for Specification 13 and welcomes any comments from the community.”

What do you think? Should something as clearly generic as “food” be a space where only one company can register names?

URS arrives in three legacy gTLDs

Kevin Murphy, October 2, 2015, Domain Policy

The legacy gTLDs .cat, .pro and .travel will all be subject to the Uniform Rapid Suspension policy from now on.

Earlier this week, ICANN approved the new Registry Agreements, which are based on the new gTLD RA and include URS, for all three.

URS is an anti-cybersquatting policy similar to UDRP. It’s faster and cheaper than UDRP but has a higher burden of proof and only allows domains to be suspended rather than transferred.

The inclusion of the policy in pre-2012 gTLDs caused a small scandal when it was revealed a few months ago.

Critics, particularly the Internet Commerce Association, said that URS (unlike UDRP) is not a Consensus Policy and therefore should not be forced on registries.

ICANN responded that adding URS to the new contracts came about in bilateral negotiations with the registries.

The board said in its new resolutions this week:

the Board’s approval of the Renewal Registry Agreement is not a move to make the URS mandatory for any legacy TLDs, and it would be inappropriate to do so. In the case of .CAT, inclusion of the URS was developed as part of the proposal in bilateral negotiations between the Registry Operator and ICANN.

The concern for ICA and others is that URS may one day be forced into the .com RA, putting domainer portfolios at increased risk.

ICANN going to Panama for 56th meeting

Kevin Murphy, October 1, 2015, Domain Policy

Panama has been selected as the venue for ICANN’s 56th public meeting.

The ICANN board of directors approved the location a few days ago.

The meeting will be held in June next year in Panama City.

ICANN 56 falls between the March meeting in Marrakech, Morocco and October’s meeting in San Juan, Puerto Rico.

The final meeting of 2015 happens in Dublin, Ireland in a couple of weeks.

The structure of ICANN meetings changes next year, so the Panama gathering will be the first example of a four-day schedule that eschews traditional sessions such as the opening ceremony and public forum.