OpenTLD suspension stayed in unprecedented arbitration case

“Cybersquatting” registrar OpenTLD, part of the Freenom group, has had its accreditation un-suspended by ICANN while the two parties slug it out in arbitration.
Filed three weeks ago by OpenTLD, it’s the first complaint to head to arbitration about under the 2013 Registrar Accreditation Agreement.
ICANN suspended the registrar for 90 days in late June, claiming that it “engaged in a pattern and practice of trafficking in or use of domain names identical or confusingly similar to a trademark or service mark of a third party”.
But OpenTLD filed its arbitration claim day before the suspension was due to come in to effect, demanding a stay.
ICANN — voluntarily, it seems — put the suspension on hold pending the outcome of the case.
The suspension came about due to OpenTLD being found guilty of cybersquatting its competitors in two UDRP cases.
In both cases, the UDRP panel found that the company had cybersquatted the trademarks of rival registrars in an attempt to entice their resellers over to its platform.
But OpenTLD claims that ICANN rushed to suspend it without giving it a chance to put forward its side of the story and without informing it of the breach.
It further claims that the suspension is “disproportionate and unprecedented” and that the public interest would not be served for the suspension to be upheld.
This is not an Independent Review Process proceeding, so things are expected to move forward relatively quickly.
The arbitration panel expects to hear arguments by phone August 14 and rule one way or the other by August 24.
Read the OpenTLD complaint here.

1 Comment Tagged: compliance, cybersquatting, freenom, ICANN, opentld, udrp

Flood of wait-and-see dot-brands expected this week

ICANN expects to sign as many as 170 new gTLD contracts with dot-brand applicants over the coming week.
Dot-brands that have been treading water in the program to date are up against a hard(ish) July 29 deadline to finally sign a Registry Agreement with ICANN.
VP of domain name services Cyrus Namazi told DI today that ICANN expects most of the backlog to be cleared in the next couple of weeks.
“The end of the July is a bit of a milestone for the program as a whole,” Namazi said. “A substantial number of contracts will be signed off and move towards delegation.”
“I think within a short period after the end of July most of these will be signed off,” he said.
There are currently 188 applications listed as “In Contracting” in the program. Namazi and myself estimate that roughly 170 are dot-brands, almost all of which have July 29 deadlines.
Namazi said that ICANN has planned for a last-minute rush of “hundreds” of applicants trying to sign contracts in the last month.
The July 29 deadline for dot-brands was put in place because of delays creating Specification 13 of the RA — that’s the part that allows dot-brands to function as dot-brands, by eschewing sunrise periods for example.
For most dot-brand wannabes, it was already an extension of nine months or more from their original deadline.
But it seems inevitable that some will miss the deadline.
Namazi said that those applicants that do miss the deadline will receive a “final notice” about a week later, which gives the applicant 60 days to come back to the process using the recently announced Application Eligibility Reinstatement process.
That creates a new deadline in early October. Applicants that miss that deadline might be shit outta luck.
“They’ll essentially just sit in a bucket that will not be proceeding,” Namazi said. “We don’t have a process to reactivate beyond that.”
So why are so many dot-brand applicants leaving it so late to sign their contracts?
The answer seems to be, essentially: lots of them are playing wait-and-see, and they still haven’t seen.
They wanted to see how other dot-brands would be used, and there’s not a lot of evidence to draw on yet. The number of dot-brands that have fully shown their cards could be counted on your fingers. Maybe even on just one hand.
“Some of them have a different level of enthusiasm for having their own TLD,” Namazi said. “Some of them don’t have their systems or process in place to accept or absorb a new TLD. Some of them don’t even know what to do with it. There may have been some defensive registrations in there. There were probably expectations in terms of market development for new TLDs that have gone a bit slower than some people’s business plans called for.”
“That has probably made some of the large brands more hesitant in terms of rushing to market with their new TLDs,” he said.

3 Comments Tagged: contracting, dot-brands, ICANN, new gTLDs

.sucks won’t discount its fee for $10 domains

Vox Populi Registry is looking for a free speech advocate partner willing to absorb hundreds of thousands, maybe even millions, of dollars in costs.
The .sucks registry has for many months promised that later this year it will introduce a Consumer Advocate Subsidies program that will enable people to get a .sucks for the deeply discounted price of $10 a year.
Currently, the standard recommended retail price of a .sucks is $249, with a registry fee of $199.
Users of the subsidy program would get their names for $10 or under but they’d have to agree to host a free forum on the site, open to anyone that wanted to criticize (or, I guess, praise) the subject of the domain.
It has been broadly assumed that the subsidy would be matched by a discount in the registry fee.
But it’s emerged that Vox Pop has no plans to lower its own fees in order to offer the subsidy.
Essentially, it’s looking for a partner willing to swallow a cost of essentially $189 a year for every subsidized domain name.
CEO John Berard said in a blog post this week, and has subsequently confirmed to DI, that the subsidy is a subsidy and not a discount.
Vox Pop will still demand its full wholesale registry fee for every .sucks domain that is sold. Berard blogged:

Whether a registration is subsidized, the price to the registrar and registry is unaffected. That is the nature of a subsidy. Neither is the program to be offered by the registry. We are talking to a number of free speech advocates and domain name companies to find the right partner.

“The partner has to be one committed to free speech and confident in its ability to rally contributions to underwrite the activity,” Berard told DI.
To me, this proposition suddenly looks hugely unattractive.
There are over 6,000 domains in the .sucks zone today, just a month after general availability began, and that’s with registrants paying $250 to $2,500 a year.
With a $10 free-for-all, the number of registrations would, in my view, spike.
Unless there was some kind of gating process in place, the subsidy partner would likely face hundreds of thousands of dollars in recurring annual fees almost immediately. It could escalate to millions a year over the long run.
I’m trying to imagine how an organization such as Which? (which I’m guessing is the kind of organization Vox Pop is talking to) would benefit from this arrangement.
There is “quite an interest” in signing up to become the subsidy partner, Berard said. He said that in some cases potential partners are looking for marketing opportunities or ways to “enhance their reputation”.
Details of subsidy program are expected to be announced early in the fourth quarter.

13 Comments Tagged: consumer advocate subsidy, new gTLDs, sucks, vox populi

What split? TLD webinar series folded into the DNA

A TLD operators’ webinar series initially cast as a community group has been folded in to the Domain Name Association.
The DNA has announced the creation of the DNA University, which promises to pick up where the TLD Operators Webinar left off.
Tony Kirsch of ARI Registry Services has been appointed inaugural “Dean” of the University.
The first webinar will be entitled “Premium Domain Name Planning” and will be held July 28 at 1500 UTC.
Future webinars, which are open to all registries, registrars and new gTLD applicants, will address subjects including IDNs, rights protection, contractual compliance, and many more.
The TLD Operators Webinar was originally called the TLD Operators Community and characterized as a new industry group, which led to gossip about a split within the DNA.
The program was hurriedly re-branded and re-domained to clarify that it was more, as ARI CEO Adrian Kinderis put it, “a one off effort by our consultancy team to get everyone together for a chat.”
Now it’s just a service under the DNA umbrella.

Comment Tagged: ari, dna, dna university, domain name association, new gTLDs

Booking.com uses .africa precedent to challenge .hotels ruling

Booking.com has become the first new gTLD applicant to publicly cite the recent .africa Independent Review Process ruling in an attempt to overturn an adverse ICANN decision.
The challenge relates to the decision by ICANN, under the rules of the new gTLD program, to place applications for .hotels and .hoteis into a contention set due to their potential for visual confusion.
The two strings are heading to auction, where the winner will likely have to fork out millions.
In a missive to ICANN (pdf) last week, Booking.com outside attorney Flip Petillion said that the .africa IRP ruling shows that ICANN has to revisit its decision-making over .hotels.
The letter highlights a wider issue — how can ICANN follow community-established rules whilst sticking to its rather less well-defined Bylaws commitment to be “fair”?
Petillion wrote:

ICANN — and the BGC — has maintained the position 1) that the fact the process established by ICANN was followed is sufficient reason to reject that challenge and 2) that the fact that the process allowed neither for Booking.com to be heard nor for a review of the decision by the ICANN Board is of no relevance.
In the interim, IRP panels have confirmed that this process-focussed position is unsustainable. The ICANN Board has an overriding responsibility for making fair, reasoned and non-discriminatory decisions under conditions of full transparency.

He cites the .africa IRP decision to support this assertion.
Booking.com is the applicant for .hotels, while a different company, Travel Reservations (formerly Despegar Online), has applied for .hoteis, the Portuguese translation.
While both applicants are happy for the two gTLDs to co-exist on the internet, ICANN’s third-party String Similarity Review panel, part of the new gTLD evaluation process, ruled that they cannot.
They’re just too similar — in standard browser sans-serif fonts they can be indistinguishable — and would likely lead to user confusion, the panel decided in February 2013.
Booking.com challenged this decision with a Request for Reconsideration, which was dismissed.
It then filed an IRP, but that concluded this March with the panel awarding a grudging win to ICANN, which it orders should split the costs of the case.
In April, the ICANN board adopted the IRP panel’s findings, saying that the two applicants should remain in the contention set.
Booking.com, along with Travel Reservations, filed a second RfR, challenging the board’s decision, but this was rejected by ICANN’s Board Governance Committee in June.
The ICANN board has not yet formally adopted the BGC’s recommendations — I expect it to consider them at its next scheduled meeting, July 28 — hence Booking.com’s last-ditch attempt to get ICANN to change its mind.
Petillion wrote:

Simply following the processes and procedures developed by ICANN cannot alone be sufficient grounds for declining to review a decision. If the requirements of fairness, reasoned decision making, non-discrimination and transparency have not been met in the implementation of the process and procedures, the ICANN Board must, when invited to, conduct a meaningful review.

In the .africa case, the IRP panel ruled that ICANN should have asked the Governmental Advisory Committee for its rationale for objecting to DotConnectAfrica’s .africa bid, even though there’s nothing in the new gTLD rules or ICANN Bylaws specifically requiring it to do so.
However, in the Booking.com case, the IRP panel raised serious questions about whether the String Similarity Review rules were consistent with the Bylaws, but said that the time to challenge such rules had “long since passed”.
In both cases, ICANN followed the rules. Where the two panels’ declarations diverge is on whether you can win an IRP challenging the implementation of those rules — for DotConnectAfrica the answer was yes, for Booking.com the answer was no.
In a new gTLD program that has produced long lists of inconsistencies; IRP panel decisions appear to be but the latest example.
The question now is how the ICANN board will deal with the BGC recommendation to reject Booking.com’s latest RfR.
If it summarily approves the BGC’s resolution, without doing some extra due diligence, will it be breaking its Bylaws?

Comment Tagged: .hoteis, .hotels, africa, booking.com, dotconnectafrica, gac, ICANN, irp, new gtds, reconsideration, rfr, similarity

TLD to be removed from the DNS next week

The DNS has been growing by, on average 1.1 top-level domains per day for the last 18 months or so, but that trajectory is set to change briefly next week when a TLD is removed.
The ccTLD .an, which represented the former Netherlands Antilles territories, is expected to be retired on July 31, according to published correspondence between ICANN and the Dutch government.
Three territories making up the former Dutch colony — Sint Maarten, Curaçao, and Bonaire, Sint Eustatius and Saba — gained autonomy in 2010, qualifying them for their own ccTLDs.
They were granted .sx, .cw and .bq respectively. While the first two are live, .bq has not yet been delegated, though the Dutch government says it is close to a deal with a registry.
The Dutch had asked ICANN/IANA for a second extension to the removal deadline, to October 31, but this request was either turned down or retracted after talks at the ICANN Buenos Aires meeting.
Only about 20 registrants are still using .an, according to ICANN.
The large majority of .an names still showing up in Google redirect to other sites in .nl, .com, .sx or .cw.
.an is the second ccTLD to face removal this year after .tp, which represented Portuguese Timor, the nation now known as East Timor or Timor Leste (.tl).

4 Comments Tagged: .an, .bq, .tp, cctlds, dns, iana, root

Read that controversial .africa letter

Did the African Union Commission really use a letter written by ICANN to express its support for ZA Central Registry’s .africa bid?
Having now obtained and read it, I have my doubts.
I’m publishing it, so you can make your own mind up. Here it is (pdf).
That’s the letter that The Register’s Kieren McCarthy reported yesterday was “ICANN-drafted” and “duly signed by the AUC”
“Essentially, ICANN drafted a letter in support of ZACR, gave it to the AUC, and the AUC submitted the letter back to ICANN as evidence that ZACR should run dot-africa,” The Reg reported.
I don’t think that’s what happened.
What I see is a two-page letter that has one paragraph indisputably written by ICANN and whole bunch of other stuff that looks incredibly remarkably like it was written by the AUC and ZACR.
And that one ICANN paragraph was drawn from the new gTLD program’s Applicant Guidebook, where it was available to all governments.
The Reg reported that ICANN, in the unredacted ruling of the Independent Review Panel, admitted it drafted the letter.
What The Reg didn’t report is that ICANN merely admitted to sending the AUC a letter based on the aforementioned AGB template, and that it was subsequently heavily revised by the AUC.
It was not, I believe, a simple case of the AUC putting its letterhead and John Hancock on an ICANN missive.
I believe that ZACR had quite a big hand in the redrafting too. The stylized “.africa (dotAfrica)” is not how ICANN refers to gTLDs, but it is how ZACR refers to its own brand.
The letter was written in order to satisfy the requirements of the Geographic Names Panel, which reviews new gTLD applications for the required government support.
The original AUC letter (read it here) was simply one paragraph confirming that ZACR had been appointed .africa registry, as the winner of an African Union RFP process.
It didn’t have enough information, or was not specific and formal enough, for the GNP, which issued a “Clarifying Question”.
In response to the CQ, it seems AUC reached out to ICANN, ICANN sent over something not dissimilar to its AGB template, the AUC and ZACR redrafted, edited and embellished it and sent it to ICANN to support their .africa application.
Did ICANN act inappropriately? Maybe. But I’m losing my enthusiasm for thinking about this as a massive scandal.

7 Comments Tagged: africa, auc, dotconnectafrica, ICANN, new gTLDs, zacr

DCA’s .africa bid officially unrejected by ICANN

ICANN’s board of directors has un-rejected DotConnectAfrica’s application for the new gTLD .africa.
The board held an emergency meeting this morning to consider last Friday’s Independent Review Process decision, which said ICANN’s handling of DCA’s bid was not consistent with its bylaws.
Speaking at the Internet Governance Forum USA in Washington DC in the last half hour, ICANN chair Steve Crocker revealed the following:

We passed a resolution acknowledging the panel’s report — decision — accepting it and taking action. The primary action is to put the the DotConnectAfrica Trust application back in to the evaluation process. And there are other aspects of the panel’s decision that we will have to deal with later. This does not represent a final decision about anything. It just moves that process forward. There will be posting of the resolution and press release probably as we are sitting here.

If you want to catch it yourself, rewind the live stream here to roughly 59 minutes.
This story will be updated just as soon as the press release and resolution are published.
UPDATE:
The resolution has been published.
In it, the board agrees to continue to delay the delegation of .africa to ZA Central Registry, which is the contracted party for the gTLD, to pay the IRP costs as ordered by the panel, and to return DCA’s application to the evaluation process.
It also addresses the fact that the Governmental Advisory Committee has given formal advice that the DCA bid should not be approved.
The ICANN board says that because it has not decided to approve or delegate .africa to DCA, it’s technically not going against GAC advice at this time.
It will also ask GAC to respond to the IRP panel’s criticism of it for providing advice against DCA without transparent justification. The resolution says:

the Board will ask the GAC if it wishes to refine that advice and/or provide the Board with further information regarding that advice and/or otherwise address the concerns raised in the Declaration.

It was essentially the GAC’s lack of explanation, and ICANN’s lack of curiosity about that lack of explanation, that cost ICANN the case and hundreds of thousands of dollars in fees.
How the GAC responds will be interesting. There’s now a solid case to be made that it’s going to have to start putting its rationales in its advice, rather like the ICANN board does with its resolutions.

1 Comment Tagged: africa, dotconnectafrica, gac, ICANN, irp, zacr

ICANN execs helped African Union win .africa — report

Top ICANN executives helped the African Union Commission win the .africa gTLD on behalf of its selected registry, according to a report.
Kieren McCarthy at The Register scooped last night that Dai-Trang Nguyen, head of gTLD operations at ICANN, drafted the letter that the AU used to demonstrate governmental support for ZA Central Registry’s bid.
The basis of the report is the unredacted version of the Independent Review Process panel’s ruling in the DotConnectAfrica case.
McCarthy reports that the uncensored document shows ICANN admitting that Nguyen wrote the AU’s letter, but that “did not violate any policy” and that there was “absolutely nothing wrong with ICANN staff assisting the AUC.”
Apparently, the original AU-drafted letter did not meet the requirements of the Geographic Names Panel, generating a “Clarifying Question”, so the AU reached out to ICANN for help creating a letter that would tick the correct boxes.
The unredacted ruling also contains an allegation that ICANN told InterConnect — one of the three corporate members of the GNP — that the AU’s letter should be taken as representing all of its member states, El Reg reports.
DotConnectAfrica is expected to be shortly returned to the new gTLD application process, and then kicked out again due to its failure to meet the GNP’s criteria of support from 60% of African governments.
I’m in two minds about how damaging these new revelations are.
On the one hand, ICANN staff intervening directly in an Initial Evaluation for a contested gTLD looks incredibly bad for the organization’s neutrality.
One would not expect ICANN to draft, for example, a letter of support for a Community Priority Evaluation applicant.
I don’t think it changes the ultimate outcome for DCA, but it may have inappropriately smoothed the path to approval for ZACR.
On the other hand, the new gTLD program’s Applicant Guidebook actually contains a two-page “Sample Letter of Government Support” that governments were encouraged to print off on letterheaded paper, sign, and submit.
Giving governments assistance with their support letters was in fact baked into the program from the start.
So did the AUC get special treatment in this case, or did Nguyen just send over the AGB sample letter (or a version of it)? That may or may not become clear if and when McCarthy publishes the unredacted ruling, which he has indicated he hopes to do.
A related question might be: how did the AUC screw up its original letter so badly, given the existence of a compliant sample letter?
The optics are many times worse for ICANN because all this stuff was originally redacted, making it look like ICANN was trying to cover up its involvement.
But the redactions were not a unilateral ICANN decision.
ICANN, DCA and the IRP panel agreed after negotiation that some documents revealed during disclosure should be treated confidentially, according to this September 2014 order (pdf). References to these documents were redacted in all of the IRP’s documents, not just the ruling.
What the revelations certainly seem to show is another example of ICANN toadying up to governments, which really has to stop.

1 Comment Tagged: africa, african union, dotconnectafrica, ICANN, irp, new gTLDs, zacr

Time for .bloomberg after Twitter hoax?

Could the fake Bloomberg story about Twitter being acquired act as an impetus for the company to activate its mostly dormant dot-brand gTLD?
Twitter shares yesterday reportedly spiked as much as 8% on the “news” that it was the target of a $31 buyout bid.
The story was published on bloomberg.market, a cybersquatted domain hosting a mirror of the real Bloomberg web site.
While it was reportedly quite sloppily written, it nevertheless managed to convince at least one US cable news network to run with it, one reporter even tweeting the bogus link to his followers.
The story was quickly outed as a fake and within a few hours Rightside, the .market registry as well as owner of its registrar, eNom, suspended the domain for breaching its terms of service.
Rightside wrote in a blog post:

it pains us so greatly that, in the early stages when so many people are forming their first impressions of the new TLD program, these numerous positive examples are sometimes overshadowed by the malicious practices and behaviors of a very small group of people.

Bloomberg’s not at fault here, of course. No company should be expected to defensively register its trademark in every one of the 1,000+ TLDs out there right now.
But could the hoax persuade it to do something of substance with its .bloomberg gTLD, perhaps taking a leaf out of the BNP Paribas playbook?
Bloomberg has been populating its dot-brand with hundreds of domains since May — both the names of its products and keywords related to industries it’s known for covering — but currently they all seem to redirect to existing web sites in .com or .net.
It’s long been suggested by proponents of new gTLDs that dot-brands can act as a signal of legitimacy on the web, and that’s the attitude banks such as Barclays and BNP Paribas seem to be taking right now.
Could .bloomberg be next?

4 Comments Tagged: bloomberg, dot-brands, hoax, new gTLDs, twitter