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Christian group opposes .sex, .porn, .adult

Morality In Media, one of the groups that fought the approval of .xxx for years, has launched a letter-writing campaign against the proposed .sex, .porn and .adult top-level domains.
ICANN has received a couple dozen comments of objection to the three gTLDs over the last couple of days, apparently due to this call-to-arms.
Expect more. MIM was one of the main religion-based objectors to .xxx, responsible for crapflooding ICANN with thousands of comments in the years before the gTLD was approved.
Now that .xxx has turned out to be less successful than ICM Registry hoped, MIM feels its key belief on the subject — that porn gTLDs lead to more porn — has been vindicated.
MIM president Patrick Trueman wrote in one of his comments:

During the years of this fight against the .xxx domain, we said many times that the establishment of a .xxx domain would increase, not decrease the spread of pornography on the Internet, causing even more harm to children, families and communities, and make ICANN complicit in that harm.
That prediction has been fulfilled because the porn sites on the .com domain have not vacated the .com and moved to .xxx. Rather, as we have seen, the .xxx has just added thousand of additional porn sites on the Internet and .com porn sites stayed put. ICANN bears responsibility for this. The .xxx was not needed.

For some reason, the complaints are only leveled at the three ICM Registry subsidiaries that are applying for porn-themed gTLDs, and not the other .sex applicant.
Uniregistry’s application for .sexy has not been targeted.
And MIM has apparently not read the applications it is complaining about; its call to action complains about non-porn companies having to pay “protection money” to defensively register in .sex.
However, the three ICM bids explicitly contemplate an extensive grandfathering program under which all current defensive registrations in .xxx would be reserved in .sex, .porn and .adult.

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WIPO supported Draconian cybersquatting reform

Kevin Murphy, July 9, 2012, Domain Policy

Domain name owners who do not respond to cybersquatting complaints could automatically have their domains suspended, if the World Intellectual Property Organization gets its way.
That’s according to the latest ICANN documents to be released under its Documentary Information Disclosure Policy, following a request from the Internet Commerce Association.
The documents relate to the still controversial Uniform Rapid Suspension policy, a supplement to the existing UDRP for dealing with “clear cut” cases of cybersquatting.
The URS will be binding on all new gTLDs, but ICANN recently admitted that it’s been unable to find an organization willing to administer URS cases for the planned $300 to $500 filing fee.
Rather than implement URS with a $1,000 to $1,500 fee instead, ICANN plans to host two community summits to try to figure out ways to rearchitect the scheme to make it cheaper.
These changes could well mean fewer safeguards for domain registrants.
According to an email from WIPO released in response to ICA’s DIDP request, WIPO declined to host these summits unless ICANN agreed, in advance, to Draconian rules on default.
WIPO’s Erik Wilbers wrote (pdf):

it would seem unlikely that these stakeholders would now feel able to commit to the rather fundamental changes we believe to be in everyone’s interest – notably a shift to the proposed respondent-default basis without panel, subject to appropriate safeguards. We would consider an express prior commitment to such a shift, including the requisite Board support, as a pre-condition to a fruitful meeting on the URS.

In other words, WIPO thinks domain names should be suspended without expert review if the domain owner does not respond to a trademark owner’s URS complaint.
ICA counsel Phil Corwin is naturally not happy about this, writing in a blog post this weekend:

WIPO would only consent to hosting URS Summits if their result was largely pre-ordained – in which event, we ask, why bother holding the Summits at all? … This imperious demand should be dismissed out of hand by members of ICANN’s Board should it ever reach them.

That the structure of URS is still open for debate at this late stage of the game is an embarrassment, particularly given the fact that it’s been well-understood for some time that URS was unrealistically priced.
The new DIDP documents reveal that even the idea of summits to resolve the apparently intractable problems were a Band-Aid proposed almost accidentally by ICANN staff.
ICANN, it seems, is engaged in policy fire-fighting as usual.
The current hope is for URS to be finalized and a provider be in place by June 2013. It’s a plausible timetable, but I’m less convinced that a system can be created that is fair, useful and cheap.

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Does this sexy .sx ad portend a clash with .sex?

In the occasional DI tradition of linkbaiting Domaining.com with promises of scantily clad eye candy, I humbly invite male readers to get their goggles around this beauty:
.sx marketing
Phwoar! Eh?
Apologies.
Anyway, there’s a serious point here.
SX Registry, which is in the process of launching the new .sx ccTLD for the recently formed territory of Sint Maarten, distributed this flyer in the goody bags at ICANN 44 in Prague last week.
The marketing was aimed at registrars, presumably, but the company’s web site has similar imagery as well.
It’s pretty clear what angle SX Registry is going for, and it could portend a clash with .sex and .sexy, which have both been proposed by applicants under ICANN’s new gTLD program.
ICM Registry (.sex), Uniregistry (.sexy) and Internet Marketing Solutions Limited (.sex) may have a potential objector on their hands.

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Verisign’s .name contract up for renewal

Fresh from winning ICANN approval for its money-spinning .com franchise, Verisign is now going through the same process to renew its .name registry agreement.
Notably, the company isn’t getting the ability to raise its prices — the registry fee for a .name domain will still be fixed at $6 per name per year, according to the new contract.
There are lots of other changes, though. Many terms have been changed to make .name more in line with .net, which Verisign renegotiated last year, and with the standard new gTLD contract.
The company will, for example, be able to launch geographically focused promotions, in line with .net, and will be bound by new service level agreements, in line with new gTLDs.
While there are tweaks to the fee structure, the amount of money ICANN will reap from the deal appears to remain at the current rate of $0.25 per transaction or domain-year.
ICANN published the proposed agreement for public comment on Tuesday. They’re cutting it pretty fine — the current deal, signed in 2007, is due to expire on August 15.

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.co.no opens for business after court win

The Norwegian registrant of the domain name co.no has won a court case against .no registry Norid that will allow it to finally launch as a pseudo-ccTLD, according to the company.
A Trondheim court ruled that Norid cannot revoke Elineweb’s registration of co.no for alleged policy violations, but has also ruled that the domain cannot be transferred to a third party.
Therefore, Elineweb plans to start offering third-level .co.no domain names to companies and individuals unable to register the names they want under Norid’s strict policy regime.
The company will open .co.no on a first-come, first-served basis — having already conducted sunrise and landrush periods — tomorrow at 10am Central European Time.
The full list of 70+ accredited registrars can be found here.
DI first covered the lawsuit back in October 2011.
The .co.no namespace is managed by CoDNS, a subsidiary of the registrar EuroDNS that already operates .co.nl as a pseudo-ccTLD, in partnership with Elineweb.
The two namespaces are not official ccTLDs, but they are both recognized by the Public Suffix List, which makes them behave similarly in browsers.

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Three Google gTLD applications doomed to fail

Kevin Murphy, July 3, 2012, Domain Policy

Google has applied for three new generic top-level domains that will almost certainly be rejected because they are on ICANN’s list of banned geographic strings.
I reported the story for The Register yesterday.
The applications for .and, .are and .est are affected by the rule that prohibits the delegation of three-letter country codes appearing on the ISO 3166-1 alpha-3 list.
A fourth application by a different company, for .idn, is also impacted by the same rule.
Based on DI’s analysis, there are at least another 16 new gTLD applications that are not currently self-designated geographic but which are also protected (but not banned) as geographic terms.
English dictionary words, brands and acronyms are affected.
DI PRO subscribers can read the full analysis here.

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Breaking: ICANN awarded IANA contract

Kevin Murphy, July 2, 2012, Domain Policy

ICANN has been awarded the contract to run IANA for another three to seven years.
It’s almost eight months since the US National Telecommunications and Information Administration put the contract up for rebid and four months after ICANN’s initial proposal was deemed unsatisfactory.
“This is the longest IANA functions contract we’ve ever had, running for a period of three years with two 2-year renewal options,” said Akram Atallah, ICANN’s new interim CEO, in a statement.
The new contract starts October 1.
A cynic might note that the renewal, which was of course expected, comes just a day after the departure of former CEO Rod Beckstrom. That cynic might also suggest that the timing was deliberate.

Former CEO Rod Beckstrom tweeted tonight that his last act as CEO was to sign the new contract yesterday.
The IANA contract gives ICANN its powers over the domain name root system and IP address allocation.
More on the story when we have it…

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GAC demands appeal of IDN ccTLD bans

Kevin Murphy, July 2, 2012, Domain Policy

The Governmental Advisory Committee has slammed ICANN’s decisions to reject at least three non-Latin ccTLDs because they might pose security risks.
Remarkably, the GAC has also asked ICANN to “urgently reconsider” the rulings, which were made to mitigate the risk of phishing attacks and other types of domain name abuse.
In its official post-Prague communique, published over the weekend, the GAC tells ICANN that the way it decides whether to approve IDN ccTLDs has been “too conservative”.
While the letter does not single out any specific ccTLDs, I understand that the advice was formulated primarily at the behest of the European Union and Greece, which have both had IDN ccTLD applications rejected on the grounds of confusing similarity.
The Prague communique (pdf) states:

The GAC is of the view that decisions may have erred on the too-conservative side, in effect applying a more stringent test of confusability between Latin and non-Latin scripts than when undertaking a side by side comparison of Latin strings.

It goes on to ask ICANN to publish its criteria for evaluating the similarity of IDN ccTLDs, to create an appeals process, to publish its rationales for rejecting bids, and to revisit old decisions.
The communique states, as formal GAC Advice:

Recently refused IDNs, particularly those nominated by public or national authorities should be urgently re-considered in light of the above considerations.

This request instantly loses the GAC credibility points, in my view, casting it as little more than another special interest group focused on the goals of its members first and internet security second.
To be clear, the GAC is appealing ICANN decisions that were designed to prevent phishing.
Greece’s application for .ελ,was rejected by ICANN last year due to its visual similarity with .EA, a non-existent – but potential future – ccTLD.
While there’s not much on the public record about the European case, I understand Eurid’s bid for a Greek version of .eu was blocked because it looks too much like Estonia’s EE.
Bulgarian IDN supporters have also been very vocal the last couple of years in opposition to ICANN’s decision to forbid .бг due to its alleged resemblance to Brazil’s .br.
While decent arguments can and have been made that some of these rulings were a little on the silly side, it’s hard to argue that they were made without the best of intentions.
The GAC has promised to write to ICANN with “further reflections on the methodology that should be followed when evaluating two character IDNs”.
The GAC as a technical regulator? That letter should make for some interesting reading.

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Digital archery looked “silly” but had “minor risks”, ICANN board was told

Kevin Murphy, July 2, 2012, Domain Policy

While ICANN staff acknowledged that digital archery was perceived as “silly”, it told the board of directors that it was “straightforward” and “unambiguous and easy to execute”.
That’s according to the latest delayed release of meeting minutes and briefing documents detailing board-level discussions between the Costa Rica and Prague meetings.
There was significant debate at the board level about digital archery prior to its approval in March, with directors generally favoring an auction model instead, these documents reveal.
Digital archery as a method of batching new gTLD applications was approved by ICANN at the end of March. It was then suspended two weeks ago and finally killed off last Wednesday.
Back in March, the board of directors’ new gTLD program committee was presented with a strong case in favor of archery by ICANN staff.
According to March 28 briefing document (pdf):

Implementation of the auction model at this late date presents significant risk of: program delay, legal action and significant reputational impact as described below. Board working group members tend to agree with this viewpoint but there is a split of opinion. The digital archery model presents minor risks; primarily a minor reputational risk from the perceived awkwardness of the model.
Analysis indicates that the legal risk raised by a random selection program will be satisfactorily addressed. This is true even though the results appear to have an element of randomness.

Implementation of the digital archery model is essentially completed. It presents no schedule risk. Its operation is straightforward.

Hindsight is a wonderful thing, and it reveals in this case that digital archery was far from straightforward in its operation, and did in fact present schedule risk.
The new gTLD program is currently in semi-limbo while ICANN tries to figure out a way to sequence the processing of applications in a fair and timely way.
Other documents published following Prague include the lengthy minutes of a May 29 committee meeting at which directors argued with staff about how to geographically weight batches.
Staff pushed for a proportional system – where if 10% of applications came from a specific region, 10% of the first batch would be drawn from that region – the minutes reveal.
But several directors argued and won the case for the “round robin” scenario, which would have given advantage to applicants from under-represented regions instead.
Newly published minutes from May 6 also reveal that ICANN considered offering 1% interest on refunds to applicants that withdrew their applications before Reveal Day.

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Microsoft, Yahoo and others involved in new dot-brand gTLD group

HSBC, Microsoft, Yahoo and jewelry maker Richemont have told ICANN they plan to form a new GNSO stakeholder group just for single-registrant gTLD registries.
The group would comprise dot-brand registries and — potentially — other types of single-user gTLD manager.
A letter (pdf) to ICANN chair Steve Crocker, signed by executives from the four companies, reads in part:

As a completely new type of contracted party, we do not have a home to represent our unique community. In addition, the existence of conflicts with other contracted parties makes it challenging for us to reside within their stakeholder group.

Combined, the companies have applied for about 30 single-registrant gTLDs, mostly corresponding to brands.
Richemont, which is applying for dot-brands including .cartier, is also applying for the keywords .jewelry and .watches as single-user spaces.
The group plans to discuss formalizing itself at the next ICANN meeting, in Toronto this October.
During the just-concluded Prague meeting, the GNSO’s existing registries stakeholder group accepted several new gTLD applicants — I believe mainly conventional registries — into the fold as observers.
How the influx of new gTLD registries will affect the GNSO’s structure was a hot topic for the Governmental Advisory Committee during the meeting too. I guess now it has some of the answers it was looking for.

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