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ICANN redacts the secrets of Verisign’s .web deal

Afilias thinks it has found the smoking gun in its fight to wrestle .web out of the hands of rival Verisign, but for now the details are still a closely guarded secret.

The company recently filed an amended complaint in its Independent Review Process case against ICANN, after it managed to get a hold of the deal that Verisign struck with Nu Dot Co, the company that spent $135 million of Verisign’s money to win .web at auction in 2016.

The Domain Acquisition Agreement, which apparently set out the terms under which NDC would bid for .web on Verisign’s behalf, was revealed during disclosure in December.

But in publishing the amended complaint (pdf) (which seems to have happened in the last week or two), ICANN has whited out all references to the contents of this document.

Afilias claims that the DAA proves that NDC broke the rules of the new gTLD program by refusing to disclose to ICANN that it had essentially become a Verisign proxy:

It claims that ICANN should therefore have disqualified NDC from the .web auction.

Based on the terms of the DAA, it is evident that NDC violated the New gTLD Program Rules. ICANN, however, has refused to disqualify NDC from the .WEB contention set, or to disqualify NDC’s bids in the .WEB Auction.

Afilias came second in the 2016 auction, bidding $135 million. NDC/Verisign won with a $142 million bid, committing it to pay the amount Afilias was willing to pay.

While Verisign has said that it plans to market .web, Afilias believes that Verisign’s primary motivation at the auction was to essentially kill off what could have been .com’s biggest competitor. It says in its amended complaint:

ICANN has eviscerated one of the central pillars of the New gTLD Program and one of ICANN’s founding principles: to introduce and promote competition in the Internet namespace in order to break VeriSign’s monopoly

Whether the DAA reveals anything we do not already know is an open question, but Afilias reckons ICANN’s prior failure to disclose its contents represents a failure of its commitment to transparency.

Reading between the lines, it seems Afilias is claiming that ICANN got hold of the DAA some time before it was given to Afilias in discovery last December, but that ICANN “had refused to provide the DAA (or even confirm its existence)”.

By redacting its contents now, ICANN is helplessly playing into the narrative that it’s trying to cover something up.

But ICANN is probably not to blame for the redactions. It was ICANN holding the axe, yes, but it was Verisign that demanded the cuts.

ICANN said in its basis for redactions document (pdf) that it “has an affirmative obligation to redact the information designated as confidential by the third party(ies) unless and until said third party authorizes the public disclosure of such information.”

Afilias has also managed to put George Sadowsky, who for the best part of the last decade until his October departure was one of ICANN’s most independent-minded directors, on the payroll.

In his testimony (pdf), he apparently reveals some details of the ICANN boards private discussions about the .web case.

Guess what? That’s all redacted too, unilaterally this time, by ICANN.

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Got a spare three grand? For a limited period, you can buy a .th domain name

The Thailand ccTLD registry’s unusual, and unusually expensive, approach to selling second-level domains has seen .th open up for another limited-period application window.

Until June 30, anyone can pay THNIC Foundation a THB 10,000 ($313) fee to “apply for” a 2LD.

Each application will be manually reviewed, and successful registrants will be notified July 8.

But be warned: the fee for the first year and subsequent annual renewals is an eye-watering THB 100,000 ($3,130).

Trademark owners and owners of matching .co.th domains will get priority in the event of clashes with regular would-be registrants.

THNIC has been using this strange approach to second-level domain allocation — which looks more like a series of sunrise periods that never culminate in general availability — in sporadic, brief rounds for the last five years.

Most ccTLD registries with a legacy three-level structure — such as .uk, .jp and .nz — have opted to instead make 2LDs available in much the same way as 3LDs.

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Amazon wins! ICANN on verge of approving .amazon despite government outrage

Amazon has one foot over the finish line in its seemingly endless battle for the .amazon gTLD.

ICANN last week nudged its application along to probably its final hurdle and gave the strongest indication yet that the controversial dot-brand will soon be delegated in the root.

Amazon has essentially won, beating off objections from the eight South American nations of the Amazon Cooperation Treaty Organization.

In a May 15 resolution, published late Friday, the ICANN board of directors resolved that there is “no public policy reason for why the .AMAZON applications should not be allowed to proceed”.

It now plans to approve the application for .amazon, along with the Chinese and Japanese translations, after Amazon’s “Public Interest Commitments” — enforceable voluntary commitments that would be incorporated into its registry contract — have been subject to 30-day public comment period.

These PICs would require Amazon to give each of the eight nations, and ACTO itself, one domain name under .amazon that they could use to provide non-commercial information about the region whose name the company shares.

Amazon would also have to block up to 1,500 culturally sensitive terms in each of the TLDs, so that nobody could use them.

There’d be a steering committee comprising Amazon and the ACTO members, which would get to decide which domains are blocked. Amazon would have the ultimate veto, but ACTO states could appeal by filing PIC Dispute Resolution Procedure complaint with ICANN.

The text of Amazon’s proposed PICs can be found in an April 17 letter to ICANN (pdf).

As far as I can tell, the public comment period has not yet been opened. If it has, it’s so well-hidden on the ICANN web site that even my voodoo powers have been ineffective in unearthing it.

It seems likely that it will attract comment from ACTO and its members, along with others with an interest in protecting the Amazon region.

Whether their comments will be enough to make ICANN change its mind about eventually delegating .amazon seems highly unlikely.

Amazon, in my view, has basically won at this point.

The victory comes over seven years after the original application was filed.

Amazon fought off a Community Objection from the Independent Objector in 2013, but its applications were rejected by ICANN after receiving consensus advice from the Governmental Advisory Committee.

The GAC reached consensus against Amazon only after the United States, which had been protecting what is one of its largest technology companies’ interests, caved to pressure from the rest of the committee.

But Amazon filed an Independent Review Process complaint, which in July 2017 came back in the company’s favor. The IRP panel ruled that the GAC’s advice had been flimsy and baseless, and that ICANN should un-reject the .amazon applications.

Since then, it’s been a fight between Amazon and ACTO, with ICANN trapped in the middle.

As far as ICANN is concerned, the GAC had only advised it to “facilitate” a resolution between the two parties. It does not appear to believe it was under an obligation to assure that both parties were happy with the outcome.

ACTO had wanted much stronger protections from Amazon including majority control of the policy steering committee and, hilariously, a button on every single .amazon web page linking to an ACTO site promoting the Amazon region.

The company rejected those requests, and instead put its own unilateral proposal to ICANN.

Following ICANN’s approval, it’s now very possible that Amazon could start using .amazon this year.

However, given the usual speed at which the company launches its delegated gTLDs, some time in the 2030s is just as likely.

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WordPress-linked .blog dumps Nominet for CentralNic

Knock Knock Whois There, the .blog registry, has announced its decision to switch back-end registry providers.

The company, which is owned by WordPress.com owner Automattic, said that it has dropped Nominet in favor of fellow British rival CentralNic.

It announced the news in a blog post tonight.

The migration is expected to happen in late August or early September, pending ICANN approval (which is likely just a formality).

KKWT said in a blog post:

Deciding to change backend providers was a difficult decision and not one that we take lightly. We understand the time and effort it takes during the migration process, both on behalf of registrars, as well as everyone else involved. We strongly believe that this new partnership will enhance the .blog experience for our registrar, reseller partners, and registrants. We’re fortunate to have Nominet’s continued support to make this transition as smooth as possible.

It’s bad news for Nominet, because .blog is a quite high-profile TLD, at least in terms of new gTLDs.

.blog had just shy of 200,000 domains under management at the last count. Not much on the grand scheme of things, but enough to put it in the top 25 gTLDs from the 2012 round.

Nominet recently got some good news when Amazon switched the large majority of its largely unused gTLDs from Neustar.

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Brand-blocking service plotted for porn gTLDs

MMX wants to offer a new service for trademark owners worried about cybersquatting in its four porn-themed gTLDs.

The proposed Adult Block Services would be similar to Donuts’ groundbreaking Domain Protected Marks List and the recent Trademark Sentry offering from .CLUB Domains.

The service would enable big brands to block their marks from registration across all four TLDs for less than the price of individual defensive registrations.

Prices have not been disclosed, but a more-expensive “Plus” version would also allow the blocking of variants such as typos. The registry told ICANN:

The Adult Block Services will be offered as a chance for trademark owners to quickly and easily make labels unavailable for registration in our TLDs. For those trademark owners registering domain names as a defensive measure only, the Adult Block Services offer an easy, definitive, and cost-effective method for achieving their goals by offering at-a-stroke protection for TLDs included in the program. The Adult Block Services are similar to the Donuts’ DPML, Uniregistry’s EP and EP Plus and the .Club UNBS and should be immediately understood and accepted by the trademark community.

The Adult Block will allow trademark owners to block unregistered labels in our TLDs that directly match their trademarks. The Adult Block Plus will allow trademark owners to block unregistered, confusingly similar variations of their trademarks in our TLDs.

It seems more akin to DPML, and Uniregistry’s recently launched clone, than to .CLUB’s forthcoming single-TLD offering.

The Registry Service Evaluation Process request was filed by ICM Registry, which was acquired by MMX last year.

It only covers the four porn gTLDs that ICM originally ran, and not any of the other 22 gTLDs managed by MMX (aka Minds + Machines).

This will certainly make the service appear less attractive to the IP community than something like DPML, which covers Donuts stable of 242 TLDs.

While there’s no public data about how successful blocking services have been, anecdotally I’m told they’re quite popular.

What we do have data on is how popular the ICM gTLDs have been in sunrise periods, where trademark owners showed up in higher-than-usual numbers to defensively register their marks.

.porn, .adult and .sex garnered about 2,000 sunrise regs each, more than 20 times the average for a new gTLD, making them three of the top four most-subscribed sunrise periods.

Almost one in five of the currently registered domains in each of these TLDs is likely to be a sunrise defensive.

Now that sunrise is long gone, there may be an appetite in the trademark community for less-expensive blocks.

But there have been calls for the industry to unify and offer blocking services to cover all gTLDs.

The brand-protection registrar Com Laude recently wrote:

What brands really need is for registry operators to come together and offer a universal, truly global block that applies across all the open registries and at a reasonable price that a trademark owner with multiple brands can afford.

Quite how that would happen across over 1,200 gTLDs is a bit of a mystery, unless ICANN forced such a service upon them.

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