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Europe asked the US to delay .xxx

Kevin Murphy, May 5, 2011, Domain Policy

European Commissioner for the Digital Agenda Neelie Kroes asked the US Department of Commerce to delay the introduction of the .xxx top-level domain after ICANN approved it, I can reveal.

In an April 6 letter to Secretary of Commerce Gary Locke, a copy of which I have obtained, Kroes expressed dismay with ICANN’s decision, and wrote (my emphasis):

I would therefore consider it necessary for the [ICANN Governmental Advisory Committee] to reflect, at a senior level, on the broader implications of the Board’s decision on .XXX, and to do so before the TLD is introduced into the global Internet. I assume that the United States government would appreciate the opportunity to hear the views of other countries on this important issue, and I very much hope therefore that I can count on your support for such an initiative.

The letter was sent after ICANN had approved .xxx, but nine days before the National Telecommunications and Information Administration instructed VeriSign to add it to the DNS root.

It seems to be an implicit request for the NTIA to delay .xxx’s go-live date to give the Governmental Advisory Committee of ICANN time to regroup and consider how best to continue to oppose the domain.

As I reported this morning, assistant secretary Lawrence Strickling replied to Kroes later in April, agreeing with her in principle but saying that to intervene could do more harm than good.

Kroes objected on the grounds that GAC had “no active support” for .xxx, that national-level blocking of the TLD could threaten internet stability, and that parents will be given a “false sense of security” if they choose to filter .xxx domain names.

She also didn’t buy ICANN’s rationale for its decision, saying it contained “mostly procedural arguments that do not adequately reflect the significant political and cultural sensitivities” created by .xxx.

She additionally noted that:

Most importantly, perhaps, are the wider consequences that we have all have to deal with as a result of this decision. We are both aware of the broader geo-political Internet governance debate that continues regarding the legitimacy of the ICANN model. I am concerned therefore that ICANN’s decision to reject substantive GAC advice – of which there is also an apparent risk in relation to the new generic TLD process – may be detrimental to the multi-stakeholder, private sector-led model which many of us in the international community have been stoutly defending for years.

This seems to be a reference to the longstanding debate over whether the International Telecommunications Union, or another intergovernmental body, may be better suited to overseeing domain name system policy.

In his reply to Kroes, Strickling offered to meet her by teleconference or in person in Brussels, in order to discuss how to proceed.

The fallout from .xxx’s approval may not be over by a long shot.

UPDATE: Read the Kroes letter: Page One, Page Two.

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Did Europe ask America to block .xxx?

Kevin Murphy, May 5, 2011, Domain Policy

The European Commission may have asked the US Department of Commerce to block or delay the .xxx top-level domain, it has emerged.

I’ve heard rumors for a few weeks that Neelie Kroes, vice president of the Commission responsible for the digital economy, wrote to Commerce in April, asking it to delay the go-live date for .xxx.

Today, a reply from Lawrence Strickling, assistant secretary at Commerce, has emerged, published on the blog of Polish technology consultant Andrzej Bartosiewicz.

It appears to confirm the rumors. Strickling wrote:

While the Obama Administration does not support ICANN’s decision, we respect the multi-stakeholder Internet governance process and do not think it is in the long-term best interest of the United States or the global Internet community for us unilaterally to reverse the decision.

It’s certainly possible to infer from this that Kroes had asked the US to exercise its unique powers over the domain name system’s root database to block or delay .xxx.

The Kroes letter was evidently sent April 6, about 10 days before the National Telecommunications and Information Administration, part of Commerce, instructed VeriSign to add .xxx to the root.

In his April 20 response, Strickling shared Kroes’ “disappointment” with ICANN’s decision, saying the organization “ignored the clear advice of governments worldwide, including the United States”.

He said the decision “goes against the global public interest and will spur more efforts to block the Internet” and agreed that ICANN “needs to make to engage governments more effectively”.

To that end, Strickly offered to fly to Brussels to meet with Kroes to conduct a “senior level exchange” on how to better work with ICANN.

While it’s probably too late for any of this to affect .xxx, operated by ICM Registry, it is a clear sign that governments are taking a renewed interest in ICANN’s work.

ICANN’s Governmental Advisory Committee issued weak advice on .xxx, noting merely that no governments outright supported it, and that “several” were opposed. The was no consensus.

Because the GAC did not explicitly say “do not approve .xxx”, ICANN was able to rationalize its decision by saying it was not explicitly overruling governmental advice.

At least three countries — Saudi Arabia, India and Kenya — have already indicated that they may block .xxx domains within their borders.

UPDATE: Kroes did in fact ask Commerce to delay .xxx.

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Domain industry blasts Congress TLD hearing

Executives from over a dozen domain name companies have slammed a US Congressional subcommittee for its plan to hold a one-sided hearing on new top-level domains.

A letter, drafted by AusRegistry International’s chief strategy officer, Krista Papac, says the hearing is “not fairly balanced” and “will present a distorted picture of the new gTLD process.”

As I reported earlier this week, the House Subcommittee on Intellectual Property, Competition and the Internet called at least four representatives of the trademark lobby to discuss new TLDs.

Kurt Pritz, ICANN’s senior vice president, is the only person testifying today who could be considered wholly supportive of the new gTLD program. The other witnesses are either advocates of trademark interests or more governmental involvement in ICANN.

Papac wrote:

It is unfortunate that of the six witnesses on the panel, none comes from the perspective of an entity that plans to run a new gTLD and could discuss the innovation, consumer choice, and job growth they will provide. Nor will the committee hear from representatives who might counter some potentially over-reaching views of the intellectual property interests, such as representatives of non-commercial entities, privacy experts, and existing domain name service providers.

The letter goes on to say that IP interests have already been heard, are afforded many protections in the program, and that new TLDs will bring benefits to the US economy.

It was signed by executives from Worldwide Media, eNom, EuroDNS, Right Of The Dot, auDA, Momentous, Othello Technology Systems, Network Solutions, AboutUs.org, Cronon, Domain Dimensions, Tucows, DomainTools, Donuts, Minds + Machines and others.

The hearing begins at 10am in Washington DC today. Coverage later.

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.jobs takes ICANN to arbitration

Employ Media, manager of the .jobs top-level domain, has become the first registry operator to take ICANN to arbitration to fight off a shut-down threat.

The company in the last hour said it has filed a Request for Arbitration with the International Chamber of Commerce in Paris, after informal efforts to reach agreement with ICANN broke down.

Employ Media CEO Tom Embrescia said in a statement:

This filing was necessary to ward off ICANN’s unwarranted and unprecedented threat of contract termination. That action created immediate uncertainty about the .JOBS TLD on the Internet and caused significant duress on our business.

ICANN had threatened to terminate the .jobs registry agreement – which I believe is pretty much the only option available to it in the case of a perceived breach – in February.

The filing means .jobs can operate as normal until the situation is resolved.

The dispute is essentially about Universe.jobs, a jobs listing service operated by the DirectEmployers Association using tens of thousands of generic .jobs domain names granted to it by Employ Media.

The .JOBS Charter Compliance Coalition, made up of independent jobs boards, complained to ICANN that Universe.jobs went against the spirit and letter of the original .jobs Charter.

Employ Media says that Universe.jobs was essentially authorized when ICANN approved its Phase Allocation process for handing out generic domains last year.

Employ Media is represented by lawyers from Crowell & Moring, some of the same individuals responsible for ICM Registry’s defeat of ICANN at its Independent Review Panel last year.

The request for arbitration can be read here in PDF format.

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Cute infographic shows contents of the root

This ICANN infographic is a nice way to easily visualize all of the currently live and approved top-level domains on the internet.

TLDs graphic

(click to enlarge)

Accurate as of April 19, it breaks down the 307 extant TLDs into categories such as gTLDs, ccTLDs and IDNs, highlighting some metrics you may not be aware of.

Did you know for example that there are seven pre-approved ccTLDs that have not yet been delegated to a registry? Or that three ccTLDs belong to countries that officially no longer exist?

The graphic is culled from ICANN’s rather excellent fiscal 2012 Security, Stability & Resiliency Framework, which was published last night.

The report spells out in fairly accessible terms just what ICANN is responsible for in terms of security — and what it is not — and how the organization is structured.

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