Too many ideas, not enough time.
These are some of the stories I would have covered today, if only there were more hours in the day.
Joan Rivers dies after head transplant surgery
UK government banishes cybercrime sites to .au
Transparency review calls for ICANN reality show
UDRP panelist returns Taiwan to China
Bob Parsons shoots BigJumbo CEO
“Pigeon shit” blamed for Playboy plague
Hank Alvarez named ICANN compliance chief
Constantine Roussos says DNS needs “more cowbell”
NATO apologizes for Bit.ly bombing
Blacknight unveils leprechaun mascot
RIAA says .so domains “haven for piracy”
DomainTools merges with DomainJerks
BBC to apply for .cotton
ICANN successfully delays heat death of universe
Parsons apologizes, resurrects elephant
There’s at least 15 stupidly obscure in-jokes there. Probably more. How many did you “get” without Googling?
15 – Congratulations! You’re me. Or a potential future spouse. Call me!
10-14 – You truly are a domain name industry nerd, the depth and breadth of your knowledge covering both domaining and ICANN politicking. You’ve probably been to ICANN meetings and DomainFest. You should be both immensely proud and profoundly ashamed of yourself.
6-10 – I’m proud to have you as a reader. You’re exactly the type of well-balanced individual I’m hoping to attract to this site. Why not try visiting one of my advertisers and purchasing something?
1-5 – Must try harder! Your insight into the industry is sadly lacking. Perhaps consider subscribing to my RSS and Twitter feeds, which can be found at at the top of the left-hand sidebar, in order to bulk up your knowledge base.
0 — You appear to have visited this blog by mistake. Were you searching for “group porn”? I get a lot of hits for that. Nothing to see here, please move along.

dotMusic and ICANN execs form TLD consultancy

Just what the world needs, another top-level domain consultancy.
Constantine Roussos, best known his campaign for .music, has teamed up with ICANN veteran Tina Dam to launch MyTLD.com, promising to help applicants with their TLD bids.
Dam was senior director of internationalized domain names at ICANN, spearheading the IDN ccTLD Fast Track program, until she quit last December.
Those are good credentials, especially for supporting IDN TLD applicants.
Dam is currently critical of how ICANN’s Applicant Guidebook treats IDN TLDs, saying that the process is too expensive and does not effectively handle transliterations and translations.
Roussos is an entrepreneur, owner of music.us/.biz/.co, who has been pushing his own self-financed .music bid for the last couple of years.
A running joke at the recent .nxt conference was that he was once an “outsider” but has since been firmly institutionalized by the ICANN environment. He’s also critical of aspects of the Guidebook.
MyTLD.com is the latest of a series of companies to form over the last few months to provide consulting to potential TLD applicants.
Recently, domain investors Mike Berkens and Monte Cahn founded Right Of The Dot, which specializes in marketing and premium domain strategy.
And Alexa Raad, former CEO of the .org registry PIR, is currently plugging her new consulting play, Architelos.

WIPO launches global brand database

The World Intellectual Property Organization has opened up a free, searchable web-based database of over 640,000 trademarks.
The slick new Global Brand Database is not related to domain names specifically, but could well prove an invaluable research tool for players in the space, especially for top-level domain applicants.
How useful it becomes will depend on how much the database grows. At the moment, it appears less than comprehensive.
WIPO said the interface currently provides access to three existing databases.
There’s the list of “armorial bearings, flags and other state emblems as well as the names, abbreviations and emblems of intergovernmental organizations” protected under the Paris Convention for the Protection of Industrial Property.
There’s the database of “appellations of origin” – geo-brands such as Champagne and Tequila – registered under the so-called Lisbon system.
Finally, and probably most interestingly, there’s international trademarks registered under the Madrid system, which is a way for companies to register their brands in multiple legal jurisdictions.
But don’t expect to find US trademarks, for example, listed in the database yet. WIPO said in its announcement that it plans to add national databases to the system in the future.

Google to crack down on “content farms”?

Bad news for domain developers? Bad news for Demand Media?
Google is to take another look at how its search engine ranks “content farms”, according to a new blog post by principal engineer Matt Cutts.
In a discussion about search quality and web spam, Cutts wrote:

As “pure webspam” has decreased over time, attention has shifted instead to “content farms,” which are sites with shallow or low-quality content. In 2010, we launched two major algorithmic changes focused on low-quality sites. Nonetheless, we hear the feedback from the web loud and clear: people are asking for even stronger action on content farms and sites that consist primarily of spammy or low-quality content.

The post does not get into any details about what hearing feedback “loud and clear” means, but it certainly suggests that Google will rethink how low-quality content sites are ranked.
This could be problematic Demand Media, which generates a lot of its revenue from “content mill” sites such as eHow, which is widely derided but ranks highly for many searches.
Demand Media is on the verge of going public.
It might also not be great news for domain investors who choose to develop their domains with low-quality content, although I suspect that kind of site would be harder to detect than a large mill.

TucsonShooting.com crashes after Tucson shooting

A gun blogger had his web site crash shortly after Saturday’s bloodbath in Tucson, Arizona, because he owns the domain name TucsonShooting.com.
To be clear, the domain has nothing to do with the failed assassination attempt on Rep Giffords. The blogger just likes shooting and he’s based in Tucson. He’s owned the domain since 2002.
In this video, he explains what happened to his site after the massacre, which killed six people.

The domain TucsonShooting.com is the first hit in Google when you search for [tucson shooting], testifying to the power of a good SEO domain. It redirects to GunWebsites.net.
The blogger notes:

Who in their right mind would think there’d be someone so opportunistic to capitalize on a tragedy like this by putting up a domain either ahead of time or so quickly?

Clearly, he hasn’t met many domainers.

What next for new TLDs? Part 1 – Unresolved Issues

Like or loathe the decision, ICANN’s new top-level domains program appears to have been delayed again.
But for how long? And what has to happen now before ICANN starts accepting applications?
In short, what the heck happened in Cartagena last week?
In this four-part post, I will attempt an analysis of the various things I think need to happen before the Applicant Guidebook (AGB) is approved.
In this first post I will look at the issues that ICANN has explicitly tagged as unresolved, with special reference to trademarks.
Unresolved Issues
ICANN chairman Peter Dengate Thrush, explaining the board’s resolution on new TLDs on Friday, said:

The intention has been, as much as possible, to indicate those areas where the board feels that the work that has been done is sufficient to move to closure… What we’ve also tried to do is indicate which areas are still clearly open for consideration.

The resolution names only two issues that are explicitly still open for further policy development: geographic strings and “morality and public order” objections. I’ll discuss these in a future post.
Issues considered already reflecting “the negotiated position of the ICANN community” include “trademark protection, mitigating malicious conduct, and root-zone scaling”.
But does this mean that the trademark issue, easily the most contentious of these three “overarching issues” is really sufficiently “closed” that we’ll see no more changes to those parts of the AGB?
I don’t think so. While the Cartagena resolutions say trademark protection has been addressed, it also says “ICANN will take into account public comment including the advice of the GAC.”
It may be too late for the IP community to affect changes directly, beyond the comments they’ve already filed, but the GAC, which has already aligned itself with the trademark lobby, may be able to.
Beyond the text of the resolution, ICANN chair Peter Dengate Thrush said in an interview with ICANN head of media relations Brad White:

We’ve spent a lot of time with the trademark community and come up with three new independent mechanisms for protecting trademark rights on the internet. So the sense of board and the sense of the community is that that’s probably a sufficient effort in developing mechanisms. What we now might look at is how we might enhance, tweak and improve those processes, but we’re not going to convene another process to look at yet another kind of solution for intellectual property rights.

In other words, according to Dengate Thrush, ICANN isn’t planning to create any new IP rights protection mechanisms in the AGB, but these mechanisms, such as Uniform Rapid Suspension and the Trademark Clearinghouse, could be still be modified based on comments received from the trademark lobby over the last week or so.
Most of the outcry from the IP lobby recently has called for the specifics of these two mechanisms to be tilted more in favor of trademark interests; there’s been little call for any new mechanisms.
Trademark rights protections also account for two of the 11 issues that the Governmental Advisory Committee has tagged “outstanding” which “require additional discussion”, by my reading.
More on the GAC bottleneck in part two of this post.

Government ‘cybersquatting’ case rattles India

Cybersquatting mischief is making headlines in India today, after the nation’s main opposition party accused the government of directing a confusingly similar domain name to its own site.
According to various reports, the opposition Bharatiya Janata Party served a “legal notice” on the ruling Indian National Congress party over the domain name bjp.com.
The BJP hosts its primary site at bjp.org. According to the party, the .com domain has been redirecting users to the Congress’ own site. Today, it resolves to a page parked at Sedo.
The contested domain is currently registered behind eNom’s privacy protection service. It appears to have changed hands several times over the years, most recently to an Indian.
Unless the BJP has some other evidence connecting its rival to the domain, it looks like this may be a case of cheap political point-scoring.

Revlon gets the UDRP bug

Revlon has become the latest company to start aggressively enforcing its trademarks via the UDRP.
The company has over the last few months filed 24 complaints with WIPO, covering 29 domains, most of which appear to be parked.
Apart from a couple of typos, the domains all contain the Revlon trademark in full, along with another noun or two, and look like slam-dunk cases.
It has already won a couple of cases, such as revlonhairproducts.com, which I expect the panelist could have adjudicated in her sleep.

Group wants trademark study before new TLDs launch

The International Trademark Association has told ICANN it believes a study into the economic “harms” of launching new TLDs is “essential” before the program gets under way.
INTA president Heather Steinmeyer wrote, in a September 8 letter (pdf) published today (my emphasis):

We applaud the recommendation… to conduct a study to assess the harms associated with intellectual property abuse and related forms of consumer fraud in the domain name system, including how the current gTLDs have affected intellectual property and consumers since their introduction. Indeed trademark owners believe that such a study is not only a sensible recommendation, but an essential prerequisite before any rollout of new gTLDs.

Steinmeyer offered INTA’s assistance with any such study.
The recommendation she refers to can be found in “An Economic Framework for the Analysis of the Expansion of Generic Top-Level Domain Names”, a report prepared for ICANN by three independent economists in June.
That report made a number of suggestions for possible further studies of the possible benefits and harms (although Steinmeyer only mentions the harms) of introducing new TLDs. It did not make any firm conclusions.
Following a public comment period that ended July 22, the status of that report appears to be ‘in limbo’.
The public comments have not yet been compiled into a summary and analysis document and as far as I can tell no other action has been taken on the report’s recommendations.
At least one ICANN director, chairman Peter Dengate Thrush, seems to consider the problem of balancing trademark protection and other parties’ interests pretty much resolved.
Just last week, in a fairly strongly worded statement at the Internet Governance Forum in Vilnius, Lithuania, he said:

The IP lawyers… have had their chance to make all these cases in a five-year process, and the intellectual property protections that have been put in place are the result of a delicate balance that has been wrought with everybody in the community, not just with the IP lawyers. IP lawyers always want more protections.

ICANN urged to kill new TLD morality veto

ICANN has been asked to eliminate references to “morality and public order” objections from its new top-level domain application process.
A cross-constituency working group has advised ICANN’s board of directors to scrap the term and to ensure that whatever replaces it does not enable individual governments to veto new TLDs based on their own local laws.
The so-called “MOPO” or “MAPO” part of the Draft Applicant Guidebook attracted criticism because ICANN’s Governmental Advisory Committee seemed to want to use it to grant themselves the right to block any TLD application they deemed too controversial.
The fear from the GAC was that if nations started blocking whole TLDs at their borders, it could ultimately lead to the fragmentation of the DNS root.
The fear elsewhere was that some edgy TLD applications, such as .gay or .sex, could be rejected due to the unilateral objections of backward regimes, harming freedom of speech.
But if ICANN incorporates the working group’s new recommendations into the next version of the DAG, that probably won’t be allowed to happen.
The group this week forwarded an interim report to the ICANN board for its consideration. While incomplete, it already carries a few recommendations that managed to find consensus.
Notably, the report recommends that, “National law not based on international principles should not be a valid ground for an objection”, which would seem to scupper any chances of Uganda or the Holy See blocking .gay, for example.
The working group has so far failed to reach consensus on how governmental objections should be registered and processed, but one option is:

The Applicant Guidebook should allow individual governments to file a notification (not an objection) that a proposed TLD string is contrary to their national law. The intention is that an “objection” indicates an intent to block, but a “notification” is not an attempt to block, but a notification to the applicant and the public that the proposed string is contrary to the government’s perceived national interest. However, a national law objection by itself should not provide sufficient basis for a decision to deny a TLD application.

The working group, which counted a few GAC members among its number, has managed to unanimously agree that the awkward term “morality and public order” should be dumped.
One possible contender to replace it is “Objections Based on General Principles of International Law”.
The group has also discussed the idea that a supermajority vote could be required if the board decides to reject a TLD application based on a MOPO objection.
The report is a work in progress. The working group expects to send an updated document to the ICANN board shortly before its retreat later this month.
Whether any of this will be acceptable to the GAC as a whole is up for debate.