Latest news of the domain name industry

Recent Posts

WIPO wants tougher cybersquatting rules on new gTLDs

Kevin Murphy, March 29, 2010, Domain Registries

The World Intellectual Property Organization reckons ICANN should toughen its stance against new gTLD registries that allow cybersquatting.

The “trademark post-delegation dispute resolution procedure” or Trademark PDDRP would let trademark holders try to suspend new TLDs and receive compensation when a registry allows cybersquatting.

WIPO wants the burden of proof on trademark holders relaxed, making it much easier to file complaints.

Currently, the draft process would require complainants to show registries’ “specific bad faith intent” to profit from cybersquatting.

WIPO thinks this should be broadened to include deliberate recklessness.

“In seeking to give meaning to ‘intent,’ the criteria should, without as such imposing or implying any sweeping registry policing duty, also encompass instances of willful blindness,” WIPO wrote.

The comments came in response to ICANN’s public comment period on the process, which closes on Thursday.

ICM says ICANN’s options for .xxx are ‘unacceptable’

Kevin Murphy, March 28, 2010, Domain Registries

ICM Registry has issued a speedy response to ICANN’s .xxx approval options paper, calling it “unacceptable” and urging the ICANN board to put the issue to bed ASAP.

Late Friday, ICANN published a flowchart outlining the possible ways the board could handle .xxx in the light of February’s Independent Review Panel decision, which found ICANN acted unfairly when it rejected the TLD in 2007.

ICM president Stuart Lawley said in a letter to ICANN today that most of the paths through the flowcharts “are in many respects substantively and procedurally inconsistent with the IRP declaration”.

The company believes the IRP decision resets the approval process to prior to the 2007 decision, when the two parties were in contract talks for an already-approved TLD.

The letter claims that “it would be inappropriate, illegal and inconsistent with ICANN’s core values and model of self governance for ICANN to set up an evaluative process that is lacking in objectivity and that does not affirmatively give effect to the underlying IRP declaration”.

There are presumably few people involved with ICANN in any doubt that ICM intends to take its case to the ‘proper’ courts if needs be, which is probably why its powers-that-be have been unwilling to meet with the company.

As I reported Friday, the options paper creates the possibility of re-evaluating the .xxx application under the Draft Applicant Guidebook v4 for new gTLDs, which is not yet completed.

It also suggests that ICANN will have to ask its Governmental Advisory Committee for its current opinion on the application, a move likely to stretch out a decision for months.

It also has an option to expedite the approval based on the “sponsored” TLD process under which ICM, and others such as .post and .asia, originally applied.

ICM’s latest letter is here. ICANN’s options paper can be found here. The public comment period is open here. Unlike many ICANN comments periods, it has comments.

ICANN may kick .xxx into new gTLD round

Kevin Murphy, March 27, 2010, Domain Registries

ICANN has chosen to deal with the controversial .xxx TLD application by leaving essentially all options, including urging it into the next gTLD round, wide open.

ICM Registry had pushed for a speedy resolution to its long-running application, following the Independent Review Panel decision that went in its favour last month, but it hasn’t got one.

In Nairobi, ICANN’s board asked ICANN’s staff to tell it what its options were for dealing with the ruling, and staff today responded with this flowchart. Oh, and this flowchart.

It seems that these options are still on the table: (continue reading)

The most confusing new gTLDs (allegedly)

Kevin Murphy, March 26, 2010, Domain Registries

I don’t know how I missed it until today, but I’ve discovered ICANN has a web-based tool that will be used to determine whether new gTLDs could be confused with existing strings.

The Sword Group algorithm compares applied-for strings with a list of existing TLDs and reserved words such as “icann” and “ripe”.

It looks for “visual similarity”, which means not only common sequences of characters but also the pixel-by-pixel similarities of each character.

Numerical scores are assigned. Any match scoring below 30 is not considered worthy of reporting.

As an experiment, I ran each of the strings on newTLDs.tv’s list of publicly announced TLD hopefuls through the available “pre-production” algorithm.

Here are my findings.

1. The algorithm is pretty much worthless. (continue reading)

Nominet bill set for UK law

Kevin Murphy, March 25, 2010, Domain Registries

The UK government is set to pass a controversial law that will create powers to regulate domain names more or less arbitrarily and even seize control of the .uk registry.

The Digital Economy Bill is best known for its Draconian anti-piracy provisions, but it also gives the relevant Secretary of State the power to replace Nominet as the .uk registry manager.

To oust Nominet, the secretary of state would have to decide that certain fairly broad criteria had been met. Quoting from the bill’s explanatory notes:

The registry itself, its end-users (that is, owners of or applicants for domain names) or registrars (that is, agents of end-users) have been engaging in practices prescribed in regulations made by the Secretary of State which are unfair or which involve the misuse of internet domain names; or

The registry’s arrangements for dealing with complaints in connection with domain names do not comply with requirements prescribed in regulations made by the Secretary of State.

The practices in question are expected to include: cybersquatting, drop-catching, “pressure sales tactics”, phishing, distributing malware, spamming or “intentionally misleading the public into believing there is a connection between the domain name owner and other organisations”.

Basically, the daily background noise of the internet. (continue reading)

Pornographers still hate .xxx

Kevin Murphy, March 24, 2010, Domain Registries

The Free Speech Coalition, a trade group for the porn industry, has condemned the proposed .xxx top-level domain as “untenable” and “detrimental”.

In a letter to ICANN, FSC executive director Diane Duke challenged ICANN’s board to “settle the issue once and for all by going to the actual community to test the application’s true level of support”.

The FSC is concerned that the introduction of .xxx, as proposed and pursued by ICM Registry for the last 10 years, will inevitably lead to government regulation of the online porn industry.

Duke wrote: “a proposal for a ‘Sponsored’ top-level domain by a company that is not of the industry, with the added intent to ‘regulate’ an industry it knows nothing about, is simply untenable”.

The FSC has an even bigger problem with IFFOR, the International Foundation for Online Responsibility, the group set up by ICM to act as its sponsoring organisation

IFFOR – a bit of a hack to get around the fact that ICM was essentially applying for a gTLD during a “sponsored” TLD round – was loosely modelled on ICANN’s own bottoms-up structure, with four supporting organisations creating policy for .xxx domains.

Judging by this flowchart, which is open to interpretation, the adult industry would control less than half the votes.

“Our resolute position is that no self-respecting industry would ever agree to have a minority voice on a board tasked with setting critical policies for its members,” Duke wrote.

While ICANN ultimately rejected .xxx due to the lack of community support, ICM did manage to get some support from other areas of the adult community back in 2005.

ICANN was found at fault when it rejected .xxx. The question now is whether ICANN decides to stand by its first decision, to approve .xxx, or its second, to reject it.

Bottom line: It can’t win either way.

Colombians not keen on .co grandfathering

Kevin Murphy, March 24, 2010, Domain Registries

Uptake of .co domains among existing .com.co registrants under the current “grandfathering” process has been quite low, according to .CO Internet chief executive Juan Diego Calle.

The formerly restrictive Colombian ccTLD is opening for global registrations soon, but the domain’s roughly 27,000 third-level registrants have already been given the chance to re-register their brands at the second level.

Calle told me earlier that only about 10% to 20% of .com.co registrants have chosen to do so. Grandfathering opened on March 1 and ends next Tuesday.

“Third-level domains are very well recognised in Colombia as a way to show you have a Colombian presence,” Calle said.

The sunrise period for trademark holders begins on April 1. Companies with trademarks registered in Colombia will be given priority, regardless of where the company is based.

I’ll be writing more about the .co launch tomorrow, to be published in a slightly more respectable venue.

Dot-XXX lights fire under ICANN’s feet

Kevin Murphy, March 22, 2010, Domain Registries

ICM Registry has urged ICANN to stop messing around and finalise the contract that would add .xxx to the domain name system.

“There is no legitimate obstacle to the approval of ICM’s registry agreement,” ICM chair Stuart Lawley said in a letter to ICANN yesterday. “We can see no reason for further delay in the process of approving ICM’s registry agreement”.

At its Nairobi meeting earlier this month, ICANN’s board decided to hand the problem of how to handle .xxx to its staff, saying it “wishes to create a transparent set of process options which can be published for public comment.”

ICM now claims that no such process options are necessary. The .post application, Lawley said, was approved last December, six years after it was made, without the need for any new processes.

There are some differences between .post and .xxx, of course. While the .xxx application has previously been approved, it has also previously been rejected.

It is back on the table following an Independent Review Panel decision that ICANN broke its fairness rules by singling out ICM for special treatment.

Lawley reminds ICANN of as much several times in his latest letter, which can be found here.

ICANN’s staff is expected to deliver its process options next week. There will be a period of public comment, and the board will have to make a call by its June meeting in Brussels.

VeriSign creates .tv mini land-rush

Kevin Murphy, March 19, 2010, Domain Registries

Domainers are buzzing with the news that VeriSign has just made tens of thousands of premium .tv names viable for speculation.

The company cut the prices of its premium names and, more importantly, has reset the annual renewal fees for premium domains to the much lower standard flat renewal fee.

Judging from the Namepros forums, a lot of people bought a lot of domains and, potentially, got a lot of very good deals on one-word dictionary or three-letter .tvs.

Some domains appeared to have dropped off the premium list altogether, leading some to speculate that the prices were too good to be true, and that registrar glitches must be responsible.

However, I talked to Chris Sheridan, VP of sales at eNom, a little earlier and he seemed to be of the opinion that the prices were probably legit.

The new lower renewal fees, incidentally, do not appear to apply to previously registered premium .tv names, which is bound to cause angst for some.

I’m not usually much of a speculator, but I took a risk on a couple of cheap dictionary words a couple of hours ago. My new registrar is telling me the registrations were “successful”, but I’ve no idea whether I can believe it.

Canon to apply for .canon

Kevin Murphy, March 16, 2010, Domain Registries

Japanese printer maker Canon has become the first global brand to throw its hat into the new gTLD ring.

The company said in a press release today that it will apply for .canon as soon as ICANN finalises the process for doing so.

From the release:

Canon has made the official decision to begin necessary procedures to acquire “.canon” upon the introduction of the new system. Following approval for the new gTLD system, which is expected to take place after the latter half of 2011, Canon will make full use of the new domain name to increase the convenience and effectiveness of its online communications.

Medieval battle recreation societies are unlikely to provide much competition for the string.