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Google’s first new gTLD hits the root

Kevin Murphy, November 28, 2013, Domain Registries

Google has become the latest new gTLD registry with a string live in the DNS root.

Its .みんな — Japanese for “everyone” — was delegated by ICANN last night. The URL nic.みんな resolves already to charlestonroadregistry.com, the name of Google’s registry subsidiary.

Google plans to operate it as an open, unrestricted namespace, aimed at Japanese-speaking registrants.

It’s the fifth internationalized domain name to go live and one of only three IDN applications from Google.

Google has 96 more active new gTLD applications, 57 of which are contested.

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ICANN cans “Spam King” registrar

Kevin Murphy, November 26, 2013, Domain Registrars

ICANN has terminated the registrar accreditation of Dynamic Dolphin, which it turned out was owned by self-professed “Spam King” Scott Richter.

The company has until December 20 to take down its ICANN logo and cease acting as a registrar.

ICANN, in its termination notice (pdf) late last week, said that it only became aware earlier this month that Richter was the 100% owner of Dynamic Dolphin.

Richter grew to fame a decade ago for being one of the world’s highest-profile spammers. He was sued for spamming by Microsoft and Myspace and was featured on the popular TV program The Daily Show.

As well as being a thoroughly unpleasant chap, he has a 2003 conviction for grand larceny, which should disqualify him from being the director of an ICANN-accredited registrar.

He removed himself as an officer on October 9 in response to ICANN’s persistent inquiries, according to ICANN’s compliance notice.

But he was much too late. ICANN has terminated the accreditation due to the “material misrepresentation, material inaccuracy, or materially misleading statement in its application”.

The question now has to be asked: why didn’t ICANN get to this sooner? In fact, why was Dynamic Dolphin allowed to get an accreditation in the first place?

Former Washington Post security reporter Brian Krebs has been all over this story for five years.

Back in 2008, with a little help from anti-spam outfit KnujOn, he outed Richter’s links to Dynamic Dolphin when it was just a Directi reseller.

Yesterday, Krebs wrote a piece on his blog going into a lot of the background.

Another question now is: which registrar is going to risk taking over Dynamic Dolphin’s registrations?

As of the last registry reports, Dynamic Dolphin had fewer than 25,000 gTLD domains under management.

According to ICANN’s termination notice, 13,280 of these use the company’s in-house privacy service, and 9,933 of those belong to just three individuals.

According to DomainTools, “Dynamic Dolphin Inc” is listed as the registrant for about 23,000 names.

According to KnujOn’s research and Krebs’s reporting, the registrar was once among the most spam-friendly on the market.

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Could new gTLD auctions last until April 2016?

Kevin Murphy, November 26, 2013, Domain Registries

April 2016. That’s the likely date of the final new gTLD contention set auction under the rules currently anticipated by ICANN.

As you might imagine, many applicants are not happy about this.

In a series of presentations over the last couple of weeks, ICANN has laid out how it sees its “last resort” auctions playing out.

Preliminary timetables have been sketched out, from which three data points are noteworthy:

  • Auctions will start in “early March” 2014.
  • There will be one “auction event” every four weeks.
  • Applicants can bid on a maximum of five gTLDs per auction.

Currently, the applicant in the most contention sets is Donuts, as you might have guessed given the size of its portfolio. By my reckoning it’s currently contesting 141 gTLD strings.

With a March 1 date for the first auction, and taking into account the aforementioned timing restrictions, it would be April 23, 2016 before the final Donuts contention set is resolved.

That’s four years after the application window closed.

Google would be in auctions until January 2015. TLDH, Uniregistry and Amazon’s contested strings would be tied up until at least October next year.

This is obviously terrible news for applicants competing with portfolio applicants where the contention set has quite a high position in ICANN’s prioritization queue.

A year or two is a long time to wait — burning through your funding and not taking in any revenue — if you’re a single-string applicant on a tight budget. Every dollar spent waiting is a dollar less to spend at auction.

According to ICANN, applicants will be able to waive the five-gTLDs-per-month maximum.

But that only seems to help the larger portfolio applicants, which will be seeing revenue from launched, uncontested gTLDs and could take the opportunity to starve out their smaller rivals.

Auctions themselves are shaping up to be a controversial subject in general, with several community members taking the mic at the ICANN 48 Public Forum last week to call for ICANN to change the process.

A few people pointed the ICANN board to the recent withdrawal of DotGreen — a popular but evidently poorly funded community effort — from the new gTLD program as a harbinger of things to come.

“By not allowing applicants to be in more than five auctions simultaneously it means those applicants, particularly portfolio applicants, are not going to be able to move through their contention sets,” Google policy manager Sarah Falvey said at the Forum.

“It drags in all the single applicants, because they’re stuck on that exact same time schedule and can’t move their applications through as well,” she said, adding that ICANN should create a new process that sets the time limit for auctions at about six months.

“People could be waiting two years to delegate through no fault of their own,” she said.

Later responding to Afilias director Jonathan Robinson, who backed up Falvey’s call for an accelerated schedule, ICANN president of generic domains Akram Atallah said that the rules are not yet set in stone.

The five-a-day rule was created to give applicants the ability to plan payments better, he said, and ICANN is still soliciting input on how the system could be improved.

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Is this the worst new gTLD video yet?

Kevin Murphy, November 26, 2013, Domain Registries

If you’re trying to market a new gTLD aimed solely at CEOs, and your messaging is security, credibility and authority, what’s the best medium to get that message across?

Why, it’s white rap of course! In Donald Trump masks!

That’s apparently the thought process of PeopleBrowsr, the applicant for .ceo, anyway.

The video below got its first airing during a joint PeopleBrowsr/TLDH party at ICANN 48 in Buenos Aires last week.

I was on a bio break at the time and missed the premiere, but I was assured by other party-goers that it was the most painfully awkward video ever screened at an ICANN meeting.

After PeopleBrowsr published it on YouTube today, I was not disappointed. Enjoy a true classic:

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First English new gTLD Sunrise periods start today

Kevin Murphy, November 26, 2013, Domain Registries

Donuts today kicks off the Sunrise periods for its first seven new gTLDs, the first English-language strings to start their priority registration periods for trademark owners.

The big question for mark holders today is whether to participate in Sunrise, or whether Donuts’ proprietary Domain Protected Marks List is the more cost-efficient way to go.

Sunrise starts today and runs until January 24 for .bike, .clothing, .guru, .holdings, .plumbing, .singles and .ventures. Donuts is planning seven more for December 3.

These are “end-date” Sunrises, meaning that no domains are awarded to participants until the full 60-day period is over. It’s not first-come, first-served, in other words.

Where more than one application for any given domain is received, Donuts will hold an auction after Sunrise closes to decide who gets to register the name.

The primary requirement for participating in Sunrise is, per ICANN’s base rules, that the trademark has been submitted to and validated by the Trademark Clearinghouse.

Donuts is not enforcing additional eligibility rules.

The company has not published its wholesale Sunrise application fee, but registrars have revealed some details.

Com Laude said that the Donuts “Sunrise Participation Fee” is $80, which will be the same across all of its gTLDs. Registrars seem to be marking this up by about 50%.

Tucows, for example, is asking its OpenSRS resellers for $120 per name, with an additional first-year reg fee ranging between $20 and $45 depending on gTLD.

Lexsynergy, which yesterday reported on Twitter a spike in TMCH submissions ahead of today’s launch, is charging between £91 ($147) and £99 ($160) for the application and first year combined.

The question for Trademark Owners is whether they should participate in the alternative Domain Protected Marks List or not.

The DPML is likely to be much cheaper for companies that want to protect a lot of marks across a lot of Donuts gTLDs.

A five-year DPML fee can be around $3,000, which works out to $3 per domain per year if Donuts winds up with 200 gTLDs in its portfolio.

Companies will not be able to actually use the domains blocked by the DPML, however, so it only makes sense for a wholly defensive blocking strategy.

In addition, DPML does not prevent a eligible mark owner from registering a DPML domain during Sunrise.

A policy Donuts calls “DPML Override” means that if somebody else owns a matching trademark, in any jurisdiction, they’ll be able to get “your” domain even if you’ve paid for a DPML entry.

I should point out that Donuts is simply following ICANN rules here. There are few ways for new gTLD registries to make names ineligible for Sunrise within their contracts.

Trademark owners are therefore going to have to decide whether it’s worth the risk of sticking to a strictly DPML strategy, or whether it might make more sense to do Sunrise on their most mission-critical marks.

DotShabaka Registry was the first new gTLD operator to go to Sunrise, with شبكة., though the lack of Arabic strings in the TMCH means it’s largely an exercise in contractual compliance.

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Why ICANN should stop taking the “Malvinas” issue seriously [RANT]

Kevin Murphy, November 24, 2013, Domain Policy

Here in the UK, we have something not very nice called the British National Party.

It’s a perfectly legal political party but, as the name may suggest, it has an overtly racist manifesto, garners few votes, and holds next to no power.

Voting BNP is frowned upon in polite company. Don’t expect too many dinner party invitations if you’re a supporter. It’s even legal here for employers to discriminate against card-carrying members.

The most unpleasant manifesto promise of the BNP is to “encourage the voluntary resettlement” of “immigrants”.

Britain, the BNP says, should be for its “indigenous people”, which it has described as “the people whose ancestors were the earliest settlers here after the last great Ice Age”.

That’s about 10,000 years ago. It’s basically the BNP’s way of rationalizing its racism with a cut-off point for what constitutes an “immigrant” that falls well before anyone with brown skin showed up.

None of this has anything to do with domain names, of course.

I only mention the BNP because its ludicrous views always spring to my mind whenever I hear an Argentinian activist raise the issue of the Falkland Islands at an ICANN meeting.

This happened quite a lot at the Public Forum of the ICANN 48 meeting in Buenos Aires, Argentina last Thursday.

It wasn’t the first time the Falklands have been discussed at an ICANN meeting but, on home turf, many locals who would not otherwise consider attending decided to show up to make their views known.

Argentinians call the Falklands archipelago, a British Overseas Territory situated in the southern Atlantic about 500km to the east of Argentina, the “Malvinas”.

Originally settled by France in the late 18th century, Britain has controlled the islands more or less continuously since 1834 and at intervals as far back as 1765, before Argentina existed.

Spain was in charge for a few decades from 1767 and then Argentina, after its independence, had a hold for a few years from 1829.

The only time Argentina has had a claim recently was during a two-month period in 1982, when Argentina invaded, starting a pointless war that claimed the lives of 255 British and 649 Argentinian service personnel, wounding a few thousand more.

In case this history lesson is new to you, I should point out that the Falklands are not and have never in living memory been in any way “occupied” by the UK.

The islanders are all British citizens and have the right of self-determination: they want to be British. According to the 2013 electoral roll, only 18 Argentinians live there, of a population of almost 3,000.

So it really boils my piss when I have to listen to Argentinians take to the mic at ICANN meetings to demand — demand — that ICANN transfers the Falklands ccTLD, .fk, to Argentina’s ccTLD operator, Nic.ar.

It turns my piss to steam when members of the ICANN board of directors humor these demands — vowing to take their concerns seriously or, even worse, agreeing with the use of terms like “occupation”.

This happened quite a lot on Thursday.

The ring-leader of the Argentine position is a guy called Sergio Salinas Porto. He’s president of Internauta Argentina, an organization of Argentinian internet users.

He seems to be a bit of a one-trick pony when it comes to public statements at ICANN meetings. The Latino Paul Foody, maybe. It’s possible that I’m giving him more credibility than he deserves.

He made similar demands at the ICANN meetings in Senegal in 2011 and Costa Rica last year. This time, however, he seems to have managed to drag some of his supporters with him.

The real-time interpretation provided by ICANN is not good enough to quote from directly at any length, but Internauta published its list of demands on its web site after the Public Forum. Among them (machine-translated from the original Spanish):

That the Argentine authorities (legal and technical secretariat – NIC.ar) will deliver the administration of ccTLDs .fk and .gs.

That all ccTLDs involving debate on issues of sovereignty and further promote colonialist acts or harboring or see these acts are protected from any administrative or factual act by ICANN are reviewed.

It also wants the Falklands referred to as the “Malvinas”, alongside “Falklands”, in ICANN documentation, and for .fk to fall into the Latin-American, rather than European, ICANN region.

But the key demand here is that control of a ccTLD that is currently delegated to a territory’s government — the Falkland Islands Government in this case — is transferred to the government of another country, based on emotive arguments such as “occupation” and “colonialism”.

At the mic, Salinas Porto reiterated these points almost word for word, judging by the ICANN interpreter’s translation — asking for the redelegation and using the same emotive arguments.

The demand was restated by multiple Argentinian commenters.

It was restated so many times that session moderator Bertrand de La Chappelle — who had graciously allowed Salinas Porto to jump to the front of the queue for the mic — took no small amount of flak from Internauta’s supporters for trying to hurry people along in the interests of timing.

One talked of “a dark and colonial power”, another talked of “decolonization”, one said he felt “invaded” by ICANN, a fourth said that “the Malvinas islands were taken by a colonial power by force”.

This is pure chutzpah.

It may be true that the Falklands were seized militarily by Britain. My history is not good enough to pass comment. Whatever happened, it was 180 years ago. Everyone involved is long dead.

Argentina indisputably seized the islands militarily during my lifetime. The records on this are pretty good. Living servicemen on both sides today bear the physical and emotional scars of Argentina’s folly.

Now consider that Argentina was among a coalition of Latin American nations that recently used the Governmental Advisory Committee to kill off the application from Patagonia Inc for the new gTLD .patagonia.

That was based on the governments’ claims that Patagonia — a region that covers areas of Argentina and Chile — should be a protected term in the domain name system. They have sovereignty, they claim.

Yet the Patagonia region was claimed by Argentina during the so-called “Conquest of the Desert”, an act of “colonization” that involved the “genocide” of over 1,000 indigenous people and dislocation of 15,000 more. That’s even more people than killed in 1982.

And Argentina did this act of colonization in 1870, three decades after the British took over the Falklands, which had no indigenous peoples (if you’re not counting the penguins).

If there’s a serious question about the ownership of .fk, shouldn’t the same logic should apply to .patagonia? Argentina can’t have it both ways, can it?

If the cut-off point for ownership of a territory is pre-1834, then Argentina can have no claim over .patagonia.

It’s a ludicrous thing to say, I know. I can barely believe I’m making the argument, it’s so silly. I feel almost Amish, or BNP, or one of the Conkies, to try to use an arbitrary cut-off date like that.

That’s probably why nobody from the UK took the mic at the ICANN Public Forum on Thursday to respond to Salinas Porto and Internauta’s supporters.

Maybe they didn’t want to provide oxygen to the illusion that there is a real debate here (in which case they’re smarter than me), or maybe they were far too polite to risk insulting their host nation by joining in on the trivialization of a political conflict that has resulted in the death and maiming of so many (in which case I’m embarrassing myself here).

But at least three members of the ICANN board did address the issue, vowing to treat the issue seriously and therefore compelling me to respond, regardless.

Notably, CEO Fadi Chehade, who grew up in Beirut, Lebanon, said it was a “very worthy question”, adding:

This was a chance for us to hear your views and appreciate your feelings about this. I must tell you on a personal basis, unlike living the history of colonialism I lived under a colonizer, personally, so I’m personally familiar with how you feel. But this is a very serious matter that requires some review and some thinking. I can assure you that we have listened to you and we will take your input as great learning for us.

Now, it’s quite possible that this was just the latest instance of Chehade “doing a Chehade” and telling his perceived audience what he perceived they wanted to hear.

His predecessor, Rod Beckstrom, was similarly accommodating to Salinas Porto during the Costa Rica meeting in 2012.

Chehade did not actually commit ICANN to address the issue.

But the Brits were in the audience too. And I think it’s fair to say that when we hear Argentinians bang on about the “Malvinas” — and we hear the ICANN board pay them heed — we either a) get angry or b) shake our heads and tut.

At the start of this article I compared the Argentinian argument to the BNP. To avoid doubt, I’m not saying that it’s racist. I could not begin to construct such an argument. I am saying that it’s silly, and probably based more on Argentinian nationalism than it is on any deficiencies in ICANN policy.

When ICANN in future responds to Argentinian arguments about the Falklands, these are some things to bear in mind:

  • ICANN does not decide, and is not qualified to decide, what arbitrary subdivisions of our planet are or are not worthy of a ccTLD delegation.
  • ICANN long ago decided to take its cues from the International Standards Organization, which in turn looks to the United Nations, when assembling its list of ccTLD identifiers.
  • ICANN, via its IANA department, always pays attention to the wishes of the local populace when it decides whether to redelegate a ccTLD to a new operator.

These three bullet points are the only things an ICANN director needs to know when responding to anyone who uses the word “Malvinas” in a Public Forum statement.

“Taking it seriously” should only be an option if you’re trying to be polite.

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Architelos offers entry-level NameSentry

Kevin Murphy, November 24, 2013, Domain Services

New gTLD software provider Architelos has released a cheaper version of its flagship NameSentry security compliance tool.

NameSentry Lite strips out the automated workflow and mitigation components found in the original, leaving the core threat reports and statistics intact.

It’s designed for smaller TLDs that don’t expect to see a lot of malware or phishing in their zones and it’s priced starting at $139 a month for a TLD with under 5,000 domains under management.

That’s about $100 cheaper than the standard NameSentry, which is geared more towards mitigation and has monthly charges ranging from $249 to $3,999, depending on zone size.

Boutique gTLDs and large portfolio registries such as DotKiwi and Donuts are early customers of the more-expensive version.

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Three new gTLDs pass Extended Evaluation

Kevin Murphy, November 23, 2013, Domain Registries

ICANN still hasn’t polished off its backlog of new gTLD applications in Initial Evaluation, but three more passed Extended Evaluation this week.

Guangzhou YU Wei Information Technology passed EE on .佛山 (for Foshan, a Chinese city), Taipei City Government passed on its application for .taipei and MIH PayU passed for .payu.

The two Chinese-related applications had been held up by governmental approval. The application for .payu had failed IE due to its lack of financial statements.

Two applications remain in Initial Evaluation, 24 are in Extended Evaluation.

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TLDH and others sign first gTLD registry contracts

Kevin Murphy, November 23, 2013, Domain Registries

Top Level Domain Holdings and a few other new gTLD registries signed their first Registry Agreements with ICANN this week.

Its six new RAs were among 15 registry contracts ICANN signed this week. TLDH and its subsidiaries signed for: .horse, .cooking, .nrw (as Minds + Machine GmbH), .casa, .fishing and .budapest.

I’d heard some concerns at ICANN 48 this week about TLDH’s lack of signed contracts to date, but the concerns seem to have been misplaced.

Monolith Registry, partly owned by Afilias, has also signed RAs for .voto and .vote, the latter of which was won at auction.

Small Chinese portfolio applicant Zodiac Holdings got its second and third gTLD contracts: .商城 (“.mall”) and .八卦 (“.gossip”).

German registry I-Registry got .rich and Russian registry The Foundation for Network Initiatives got .дети (“.kids/children”).

Previously contracted parties Donuts and Uniregistry added .tools and .expert (Donuts) and .christmas (Uniregistry) to their portfolios on Friday.

The total number of new gTLDs with RAs is now about 130.

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GAC gives ICANN a way out on IGO acronyms

Kevin Murphy, November 22, 2013, Domain Policy

The ICANN Governmental Advisory Committee has reiterated its call for the protection of intergovernmental organization acronyms in the new gTLD program, but seems to have given ICANN a way to avoid a nasty confrontation.

In its official Communique from the just-concluded meeting in Buenos Aires, Argentina, the GAC provided the following advice concerning IGOs:

The GAC, together with IGOs, remains committed to continuing the dialogue with NGPC [ICANN’s New gTLD Program Committee] on finalising the modalities for permanent protection of IGO acronyms at the second level, by putting in place a mechanism which would:

1. provide for a permanent system of notifications to both the potential registrant and the relevant IGO as to a possible conflict if a potential registrant seeks to register a domain name matching the acronym of that IGO;

2. allow the IGO a timely opportunity to effectively prevent potential misuse and confusion;

3. allow for a final and binding determination by an independent third party in order to resolve any disagreement between an IGO and a potential registrant; and

4. be at no cost or of a nominal cost only to the IGO.

This seems to be a departure from the GAC’s its Durban Communique, in which it had demanded “preventative” measures be put in place to stop third parties registering IGO acronyms.

As we reported earlier this week, the GNSO Council unanimously approved a resolution telling ICANN to remove IGO acronyms from existing block-lists, something the GAC had been demanding.

Now, it seems that ICANN has been given a relatively simple and less confrontational way of accepting the GAC’s watered-down advice.

The Trademark Claims alerts service and Uniform Rapid Suspension dispute resolution process combined would, by my reading, tick all four of the GAC’s boxes.

IGO acronyms do not currently qualify for either, because they’re not trademarks, but if ICANN can figure out a way to allow these strings into the Trademark Clearinghouse, it can probably give the GAC what it wants.

In my view, such a move wouldn’t trample on anyone else’s rights, it would not represent the kind of overkill the GAC originally wanted, nor would it be in conflict with the GNSO’s consensus resolution (which seems to envisage a future in which these acronyms get TMCH protection).

ICANN may have avoided the sticky situation I pondered earlier this week.

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