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Sponsor stonewalls .jobs critics

Kevin Murphy, November 19, 2010, Domain Registries

The sponsor of the .jobs top-level domain appears to be giving opponents including Monster.com a hard time as they continue to challenge the liberalization of the domain.

In its most recent ICANN filing (pdf), the Society for Human Resource Management said it does not want to meet with the .JOBS Charter Compliance Coalition and ICANN to help resolve their differences.

Last week, SHRM declined to given ICANN a straight answer when it asked whether jobs sites like Monster.com will be able to register domains under the new .jobs rules.

The Coalition of jobs sites was assembled to oppose the “Phased Allocation Program”, which allows .jobs registry Employ Media to allocate thousands of premium geographic and vocational domains to its partners.

While the program has already been approved by ICANN’s board, the Coalition has filed a Reconsideration Request appeal in an attempt to get the ruling overturned.

This week, Coalition lawyer Becky Burr sent a letter (pdf) to ICANN asking for a face-to-face meeting with representatives of ICANN, the Coalition, Employ Media and SHRM.

In response, SHRM general counsel Henry Hart said the organization “does not believe that it should participate in such a meeting.”

Last week, SHRM threw its full support behind Employ Media, tersely responding (pdf) to a list of ICANN’s questions relating to the registry’s plans for the domain.

ICANN’s reconsideration committee wanted to know whether the allocation program violated the .jobs charter by allowing registrants from outside the human resources community.

SHRM said it did not, but it did confirm that it does expect .jobs – which has so far been reserved for companies to list their own job vacancies – to be used in future for aggregated jobs sites operated by Employ Media.

Did the SHRM PD Council intend to enable the Registry (Employ Media) to register domain names in the .JOBS sTLD for the purpose of allowing third-party job postings on those sites? If so, please explain how this consistent with the .JOBS Charter.

Yes. The PD Council concluded, based on input from the Community, that this would serve the needs of the international human resource management community.

But when ICANN asked whether this means Monster.com, for example, would qualify, SHRM response was more vague.

Are independent job site operators (such as Monster.com) engaged in “human resources management” for the purpose of the definition set forth in the .JOBS Charter if the job site operator is advertising for jobs outside its own organization?

Independent job site operators provide a highly valued service to the international human resource management community.

The Coalition, in Burr’s letter, said the answers “simply ignore the responses sought by the direct questions of the [Board Governance Committee”.

Hart disputed this characterization of the answers.

Employ Media plans to allocate premium domains at first via an RFP process. It’s believed that the DirectEmployers Association is set to receive the lion’s share of the good domains for its universe.jobs plan.

Some new TLDs will have traffic from day one

Kevin Murphy, November 19, 2010, Domain Registries

Some non-existent top-level domains already receive so much traffic that they would risk being overwhelmed if delegated under ICANN’s new TLD program.

That’s one of the takeaways from a new report from ICANN’s Security and Stability Advisory Committee, published this week (pdf).

Amazingly, the SSAC found that the top 10 non-existent TLDs already account for a whopping 10% of traffic at the DNS root servers, with some strings receiving many millions of lookups every day.

Over a quarter of the TLD resolutions handled by the roots result in errors, it found.

Most of these invalid lookups are the result of configuration errors on networking gear.

The word “local” is responsible for about 5% of all TLD lookups, the report says. The terms “corp”, “lan”, “home” and “belkin” also account for big slices of traffic.

This presents potentially serious security problems, as you might imagine.

Imagine that “.lan” is approved as a TLD. Previously unresolveable domains would start working, and badly configured gear could start sending private LAN data out into the cloud.

It would also put an big load on the .lan TLD operator from day one.

The SSAC said:

The .lan TLD registry operator – and generally, any TLD registry operator that chooses a string that has been queried with meaningful frequency at the root – potentially inherits millions of queries per day. These queries represent data that can be mined or utilized by the registry operator.

The report recommends that ICANN add certain highly trafficked strings from to its list of prohibited TLDs, and also that it warns applicants for TLDs that already have traffic.

We recommend that ICANN inform new TLD applicants of the problems that can arise when a previously seen string is added to the root zone as a TLD label and that ICANN should coordinate with the community to identify principles that can serve as the basis for prohibiting the delegation of strings that may introduce security or stability problems at the root level of the DNS.

If endorsed by ICANN, the recommendation could make TLDs such as .home, .corp and .local verboten. It could also present Belkin with a problem if it planned to apply for a “.brand”.

(UPDATE: .local is actually already on the reserved list)

Was this the first-ever .uk domain?

Kevin Murphy, November 18, 2010, Domain Registries

Last night I attended a party, held by Nominet at the swanky Somerset House in London, celebrating 25 years of .uk.

During opening remarks, chief executive Lesley Cowley said that Nominet still hasn’t tracked down the first-ever registered .uk domain name. I reported on this for The Register a couple of weeks ago.

After doing a little digging, I think I may have a strong contender.

ucl.ac.uk

This is the domain for University College London. There are a few reasons to believe ucl.ac.uk could lay claim to be the “first” .uk domain.

It’s well known that the .uk namespace predates Nominet by over a decade. Before Nominet was formed, registrations were handled by a Naming Committee.

According to the Milton Mueller book “Ruling The Root“, and various other sources, the .uk top-level domain was originally delegated to UCL’s Andrew McDowell. This probably happened in 1984.

Digging through some old mailing list archives, I’ve found McDowell making references to running ucl.ac.uk and cambridge.ac.uk, albeit on a test basis, as early as June 1985.

The namedroppers mailing list back then was used by academics to test their newfangled domain name system, so it’s a good place to look for firsts. I’ve mentioned it before, in this blog’s inaugural post.

In one message sent to namedroppers on June 24, 1985, McDowell writes about running .uk, ucl.ac.uk and cambridge.ac.uk on his test-only name servers. The email was sent from a .arpa address.

On July 4, 1985, he sent his first email to the list from a ucl.ac.uk email address, which suggests that the domain was up and running at that time.

That’s 20 days before .uk was delegated, according to the official IANA record.

For this reason I think ucl.ac.uk may have a strong claim to be the first .uk domain.

However, it’s possible the reality may be rather less exciting (yes, even less exciting than something already not particularly exciting).

Anonymous Coward comments posted on The Register are perhaps not the most reliable source of information, but this guy seems to know what he’s talking about:

I believe .uk was the third top level domain to be established after .edu and .us. This predated dns and would have been in 1982 or 3.

.uk was run with a hosts.txt file and the first sub-domains being either ucl or mod.

dns came in in 85 or 86 and the first sub-domains in that were copied from the UK NRS from the X.25 world (ac.uk, co.uk and mod.uk) so there probably wasn’t a first dns sub-domain for uk.

This work was done by UCL CS and at least 2 people directly involved are still there.

If that is to be believed, it looks like there may have been a “first batch” of .uk names that were put into the DNS, rather than a single domain name.

However, given that UCL was managing the system at the time, I’d hazard a guess that ucl.ac.uk was probably the first to be used.

Vertical integration was not a slam dunk

Kevin Murphy, November 17, 2010, Domain Registries

Two members of ICANN’s board voted against the decision to allow registrars and registries to own each other, according to a preliminary report from its November 5 meeting.

The decision was a surprise when it was announced last week, as it was diametrically opposed to the board’s previous stance essentially opposing vertical integration.

The new position, already incorporated in the Applicant Guidebook, allows registrars to apply to run new top-level domains, subject to a code of conduct.

From the board of directors’ meeting report:

Eleven Board members voted in favor of the Resolution. Two Board members were opposed to the Resolution. Two Board members did not participate in the discussion or the vote on the Resolution due to conflicts of interest. The Resolution carried.

I believe Bruce Tonkin was one of the people who recused themselves from the vote. I’m not certain who the other was.

We won’t discover who the dissenting opinions belonged to, or what they were, until the minutes are published, probably not long after the Cartagena meeting next month.

Is ICANN too scared of lawsuits?

Kevin Murphy, November 17, 2010, Domain Registries

Arguments about the new top-level domain Applicant Guidebook kicked off with a jolt this week, when ICANN was accused of abdicating its responsibilities and being too risk-averse.

In what I think was the first case of a top ICANN staff member publicly discussing the AGB, senior veep Kurt Pritz fielded questions about “morality and public order objections” on a packed and occasionally passionate conference call (mp3).

On the call, Robin Gross of IPJustice accused ICANN’s of shirking its duties by proposing to “fob off” decisions on whether to reject controversial TLDs onto third-party experts.

She said:

I’m concerned that there’s a new policy goal – a new primary policy goal – which is the risk mitigation strategy for ICANN. I don’t remember us ever deciding that that was going to be a policy goal. But it seems that now what is in the best interest for the Internet is irrelevant. The policy goal that rules is what is in the best interest for ICANN the corporation

A cross-constituency working group (CWG) had said that controversial TLDs should be rejected only after a final nod from the ICANN board, rather than leaving the decision entirely in the hands of outside dispute resolution providers.

There was a concern that third parties would be less accountable than the ICANN board, and possibly more open to abuse or capture.

But ICANN rejected that recommendation, and others, on “risk mitigation” grounds. Explanatory notes accompanying the new AGB (pdf) say:

Independent dispute resolution is a cornerstone of the risk mitigation strategy. Without outside dispute resolution, ICANN would have to re-evaluate risks and program costs overall.

Almost a third of every new TLD application fee – $60,000 of every $185,000 – will go into a pool set aside for ICANN’s “risk costs”.

These costs were based on an estimate that there will be 500 applications, and that ICANN will need $30 million to cover risks.

These are often thought to be primarily risks relating to litigation.

There’s a fear, I suspect, that ICANN could become embroiled in more interminable .xxx-style disputes if it allows the board to make subjective calls on TLD applications, rather than hiring independent experts to make decisions based on uniform criteria.

On Monday’s conference call, Gross said that ICANN’s treatment of the CWG’s recommendations was a “really big shock”. She added:

clearly here this is just a fobbing off of that responsibility, trying to again avoid litigation, avoid responsibility rather than take responsibility and take accountability

But ICANN says that the risk mitigation strategy benefits TLD applicants by removing uncertainty from the program, as well making ICANN more credible.

Pritz said on the call:

the risk to the program is in creating a process or procedure that isn’t transparent and predictable for applicants. By what standard can a TLD be kicked out? It’s got to be: here’s the standards, here’s the decision maker and here’s the process.

When I talk about risk, it’s risk to this process.

If this process attracts a lot of litigation, and ICANN published the process and then did not follow it, or that the process wasn’t clear so that the applicant had no way of predicting what was going to happen to its application, the risk is then litigation would halt the process and undermine the ICANN model.

So it doesn’t really have anything to do with the people that are the directors or the people that are the staff; it has to do with the credibility of ICANN as a model for Internet governance.

In other words, if TLD applicants pay their fees and go into the process knowing what the rules are, and knowing that there’s little chance of being jerked around by the ICANN board, there’s less chance of the program as whole being disrupted by lawsuits.

Seems fair enough, no?