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New gTLD industry pleads with senators

Kevin Murphy, December 22, 2011, Domain Policy

Twenty-eight domain name industry players have written to two influential US senators in support of ICANN’s new generic top-level domains program.

Calling it “innovative and economically beneficial”, the letter takes issue with third-party claims that the program was “rushed”, pointing out that it took a long time and lots of people to develop.

Since the formation of the multi-stakeholder Internet governance, no process has been as inclusive, and no level of outreach has been as far-reaching as the one facilitating discussion of namespace expansion.

While new gTLDs will experience different levels of end-user adoption, we optimistically anticipate the useful possibilities for new services and applications from the namespace, the positive economic impact in the United States and globally, the inclusion of developing nations in Internet growth and development, and the realization of the hard work and preparation of the thousands of interested stakeholders dedicated not only to their own interests, but that of the global Internet.

The letter (pdf) was signed almost exclusively by registrars, registries, applicants and consultants; with one or two possible exceptions, all companies that stand to make money from new gTLDs.

It was sent to Sen. Jay Rockefeller and Sen. Kay Bailey Hutchison, chair and ranking member of the Senate Commerce, Science and Transportation Committee.

That committee held a hearing into new gTLDs two weeks ago during which Rockefeller expressed cautious support for the concept, saying he was in favor of competition.

The letter is dated December 8, the day of the Senate hearing.

A similar hearing in the House of Representatives last week resulted in two Congressmen sending a letter (pdf) to the Department of Commerce requesting a delay to the program.

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Chance of new gTLD delay “above zero”

Kevin Murphy, December 20, 2011, Domain Policy

ICANN has not completely ruled out the possibility that its new generic top-level domains program will be delayed, according to senior vice president Kurt Pritz.

Pritz was asked during a meeting of the GNSO Council last week whether the recent Congressional hearings into new gTLDs could lead to a delay of the January 12 launch.

“I think the risk is above zero,” Pritz said.

An “above zero” risk of delay could still mean a very small risk, of course.

He went on to point out that “the reputation of the multi-stakeholder model is wrapped up in this too”, and that to delay would be a disservice to all the people who have worked on the program.

He noted that the National Telecommunications and Information Administration assistant secretary Larry Strickling has come out in strong support of the multi-stakeholder model.

While the NTIA does not plan to enforce a delay, ICANN itself could make the decision under political pressure from elsewhere in the US, such as from Congress or the Federal Trade Commission.

Pritz faced a rough ride during a House Energy and Commerce Committee hearing last week, during which a number of Congressmen said they believed delay was appropriate.

The committee was largely concerned about the possible costs to trademark holders and implications for law enforcement agencies.

The hearing was called following lobbying by the Association of National Advertisers and the Coalition for Responsible Internet Domain Oversight.

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UDRP reform put on hold for four years

Kevin Murphy, December 20, 2011, Domain Policy

ICANN’s cybersquatting rules, including the Uniform Dispute Resolution Policy, will be reviewed and possibly reformed, but probably not until 2016 at the earliest.

The Generic Names Supporting Organization Council voted last Thursday to put the start of UDRP reform on hold until 18 months after the first new top-level domains go live.

The review will also take into account other cybersquatting policies including Uniform Rapid Suspension, which will be binding on all new gTLD registries but has yet to be be tested.

This is the relevant part of the resolution:

the GNSO Council requests a new Issue Report on the current state of all rights protection mechanisms implemented for both existing and new gTLDs, including but not limited to, the UDRP and URS, should be delivered to the GNSO Council by no later than eighteen (18) months following the delegation of the first new gTLD.

An Issue Report is compiled by ICANN staff and often leads to a Policy Development Process that creates policies binding on registries, registrars and ultimately registrants.

Because the first new gTLDs are not expected to be delegated until the first quarter of 2013 at the earliest, the Issue Report would not be delivered until half way through 2014.

After ICANN public comment and analysis, the GNSO Council would be unlikely to kick off a PDP until the first half of 2015. The PDP itself could take months or years to complete.

In short, if UDRP is going to be reformed, we’re unlikely to see the results until 2016.

The Council resolution, which was in line with Governmental Advisory Committee advice, was proposed by the registries, following many months of ICANN public outreach and discussion.

Non-commercial users in the GNSO were most strongly in favor of an accelerated timetable, but a request to reduce the 18-month breather to a year failed to find support.

The Intellectual Property Constituency had proposed an amendment that would have kicked off the process after 100 UDRP and 100 URS cases had been heard in new gTLDs, rather than after a specified time, but the motion was defeated.

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ICANN bleeps brand names from new gTLDs podcast

Kevin Murphy, December 20, 2011, Gossip

Nike is a dirty word at ICANN.

At least, that’s my conclusion after listening to ICANN’s latest Start podcast on the new gTLDs program, which bleeps out the names of brands given as examples.

During a discussion between communications staffers Scott Pinzon and Michele Jourdan about the possibility of .brand top-level domains, Jourdan remarks:

If you’re looking for [BLEEP!] shoes and you go to shoes.[BLEEP!] you can be pretty sure that those are going to be actual [BLEEP!]-branded shoes.

Later, Pinzon poses a hypothetical:

I have an idea on how I think I can make a lot of money. I’m going to apply for the TLD dot-[BLEEP!] and then just hold out until a certain firm bought it from me. What are my chances?

It just sounds filthy (at least it does with my mind filling in the blanks).

Since I assume Pinzon and Jourdan would not have used words they intended to subsequently censor, I’m thinking an excessively paranoid legal department is probably to blame here.

You can download the 20-minute podcast, which is aimed at new gTLD newbies, here.

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Key-Systems wins .dm registry deal, 20 others

Kevin Murphy, December 19, 2011, Domain Registries

The German domain name registrar Key-Systems will provide the registry platform for Dominica’s soon-to-relaunch .dm country-code domain, the company has announced.

The company will provide local registry manager DotDM Corp with “tools to facilitate .dm registrations at the registry, registrar and reseller levels”, according to a press release.

It’s the first TLD deal Key-Systems, under its KSregistry registry services brand, has announced since it stopped providing back-end services for .cd back in 2005.

But KSregistry will also be involved in “more than 20″ new ICANN gTLD applications next year, including brand, geographic and generic strings, according to a spokesperson.

DotDM has been the de facto manager of the .dm zone since 2001, but did not receive its official IANA redelegation until 2007. It plans to “market the .dm suffix worldwide” according to its web site.

It plans to launch the new system in the first quarter next year and is currently looking for registrars interested in accreditation.

Dominica is a small Caribbean island with a population of around 72,000, best known for its bananas.

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