Details of new gTLD batching process revealed

Some details about how ICANN will prioritize new generic top-level domain applications into batches have emerged.
The Applicant Guidebook states that gTLD applications will be processed in batches of 500, but all it says about the batching process is that it will not be random. Rather, some form of “secondary timestamp” is proposed.
The batching process is important mainly to commercial, open registries, which stand to make much more money by hitting the market early, before new gTLD fatigue sets in.
Some tantalizing hints about how batches will be created can be found in the minutes of the ICANN board of directors December 8 meeting, which were recently published.
From the minutes we learn the following:

• Applicants are not going to find out how batching will work until after April 12, when all the applications have already been received.
• The timestamp could be created by an email sent by the applicant to a specific address at a specific time, or some function within the TLD Application System.
• The system will not be biased towards specific geographic regions – ICANN will cycle through the fastest responses from each region when it creates the batches.
• There will be an opt-out for applicants for whom time is not a factor.
• Contested gTLDs will be batched with the fastest applicant.

The minutes represent ICANN’s staff’s thinking two months ago – and the conversation confused several directors – so the batching method finally selected could obviously differ.
However, if time-to-market is important for your gTLD, it might be a good idea to think about renting a server as few hops from ICANN as possible.
This is what the minutes say:

The third, and remaining option, is a secondary timestamp. This would occur after the time of the application window closing in order to provide privacy. Applicants will not be advised of the exact method until after the applications are received, which will ensure further fairness. It could be an email response to a mailbox, or the re-registration of an application, or another method. The method used will be decentralized, so that the region rom which the secondary timestamp is submitted is irrelevant. The timestamp will cycle through the regions of the world, awarding a batching preference to the top-rated application from one region, then the succeeding four regions, and continue the cycle again. In the case of contending applications, the applications will be grouped in the earliest batch where any of the contending applications are placed. There will also be an opt-out mechanism, included at the community’s request. Applicants may request to be evaluated at the end, if they prefer to be evaluated and delegated later.

3 Comments Tagged: batching, ICANN, new gTLDs

Seven ICANN directors have new gTLD conflicts

Seven members of ICANN’s board of directors have self-identified conflicts of interest when it comes to the new generic top-level domains program, according to a report from its last meeting.
Chair Steve Crocker, CEO of the consulting firm Shinkuro, appears to be newly conflicted.
He was among the directors to excuse themselves before the board discussed a resolution on new gTLDs last week, but he did vote on a new gTLD resolution at its December meeting.
Crocker has previously revealed that new gTLD applicant and registry services provider Afilias has an investment in Shinkuro.
Vice-chair Bruce Tonkin is chief strategy officer at Melbourne IT, which is a registrar as well as a new gTLD consultancy, and he also excused himself.
Ram Mohan and Suzanne Woolf, both non-voting directors, excused themselves because they work for registry service providers (Afilias and Internet Systems Consortium respectively).
Non-voting liaison Thomas Narten also declared a conflict, which is a heavy hint that his employer, IBM, is poised to apply for a dot-brand gTLD.
The other conflicted directors were Sébastien Bachollet, CEO of BBS International Consulting, and Bertrand de La Chapelle of the International Diplomatic Academy.
Two directors appear to be newly unconflicted.
Kuo-Wei Wu and Thomas Roessler declared new gTLD program conflicts at the board’s December meeting but did not excuse themselves last week.
Erika Mann of Facebook missed the meeting (she also missed the December meeting) so it’s not clear whether there’s a “.facebook” conflict of interest yet.
The board of directors has 16 voting members. Nine need to be present for its meetings to be quorate.
ICANN introduced new conflict rules after former chair Peter Dengate Thrush took a job with new gTLD applicant/consultant Minds + Machines shortly after voting to approve the program last June.

Comment Tagged: conflicts of interest, icann. new gtlds

ICANN won’t say who rejected Bulgarian IDN

ICANN has declined to name the people responsible for rejecting .бг, the proposed Cyrllic country-code domain for Bulgaria.
Security consultant George Todoroff filed a Documentary Information Disclosure Policy request with ICANN a month ago, asking for the names of the six people on the DNS Stability Panel.
That’s the panel, managed by Interisle Consulting Group, that decided .бг looks too much like Brazil’s .br to be safely introduced to the internet.
But Todoroff found out today that his DIDP request was declined. ICANN said that it does not have records of the panelists’ names and that even if it did, it would not release them.
The information could contain trade secrets or commercially sensitive information and could compromise decision-making, ICANN said. These are all reasons to reject DIDP requests.
It’s pretty clear the Bulgarians are not going to quit pressing for .бг any time soon, despite being advised to give up by ICANN CEO Rod Beckstrom recently.
The application for .бг was made under ICANN’s IDN ccTLD Fast Track program, which has approved a couple dozen non-Latin ccTLDs, and rejected one other.
Todoroff wrote an article for CircleID in November 2010 explaining why he thinks .бг is not dangerous.

Comment Tagged: .bg, .бг, bulgaria. idn cctld fast track, cctlds, idns

Thick .com Whois policy delayed

ICANN’s GNSO Council has deferred a decision on whether Verisign should have to thicken up the Whois database for .com and its other gTLDs.
A motion to begin an official Policy Development Process on thick Whois was kicked down the road by councilors this afternoon at the request of the Non-Commercial Users Constituency.
It will now be discussed at the Council’s face-to-face meeting in Costa Rica in March. But there were also calls from registries to delay a decision for up to a year, calling the PDP a “distraction”.
Verisign’s .com registry contract and the standard Registrar Accreditation Agreement are currently being renegotiated by ICANN, both of which could address Whois in some way.
Today, all contracted gTLD registries have to operate a thick Whois, except Verisign with its .com, .net, .jobs, etc, where the registrars manage the bulk of the Whois data.

2 Comments Tagged: .com, .jobs, .net, gnso council, ICANN, thick whois, verisign, whois

Twitter typosquatters fined £100,000

Two typosquatters have been fined £100,000 ($156,000) by the UK premium rate phone services regulator.
PhonepayPlus said today that the owners of the typos wikapedia.com and twtter.com, both Dutch companies, were issued the fines for violating its Code of Practice.
R&D Media Europe and Unavalley use the now depressingly commonplace practice of tricking visitors with the promise of iPad prizes into signing up for bogus SMS services at ridiculous fees.
They’ve both been ordered to refund disgruntled customers’ fees.
PhonepayPlus has no powers to take away domain names, of course, so both typos are still active, albeit not no longer mimicking the Wikipedia or Twitter look-and-feel.
The regulator did however issue clear guidance that typosquatting is against its rules, stating:

This guidance reminds PRS [premium rate service] providers that they are responsible for all their digital promotions and, if they use marketing firms that mislead consumers through typosquatting, they will be in breach of the Code of Practice.

A Facebook attorney said last year that typos of high-traffic sites, such as facebok.com, could expect to get 250 million visits a year.

1 Comment Tagged: facebook, phonepayplus, twitter, typosquatting, wikipedia

AFL to apply for dot-brand gTLD

The Australian Football League has just added its name to the short but growing list of companies announcing plans to apply to ICANN for a new “dot-brand” top-level domain.
The AFL is the governing body of Aussie rules football, a bastardization of the original sport even more violent and less internationally popular than the unwatchable American version.
Like recently revealed dot-brand applicant StarHub, the league has hired Melbourne IT to handle its application and registry back-end provider ARI Registry Services to run the infrastructure.
The Aussie AFL explained its decision to apply for .afl in a press release:

A dot AFL domain has the potential to:
— Make it easier for fans to find relevant online content
— Improve the protection of AFL, club and player environments online
— Support the growth of club and AFL media channels
— Better support the promotion and education for grass roots and community football
— Simplify marketing call to actions
— Provide opportunities for sponsors to promote their association with the AFL and clubs

The AFL may have a clear shot at goal here.
While several other organizations currently use the same acronym, none of them jump out as obvious dot-brand applicants, though some may of course choose to file objections.
The announcement is pretty good news for Melbourne IT and ARI — given Aussie rules’ popularity in their native Australia, I can see this deal getting a lot of local press today.

1 Comment Tagged: afl, ari registry services, australian football league, dot-brand, ICANN, melbourne it, new gTLDs

ICM and YouPorn in antitrust settlement talks

It’s Valentine’s Day, so perhaps it’s appropriate that ICM Registry has just revealed that it’s in talks to settle the .xxx antitrust lawsuit filed by one of the world’s biggest porn networks.
ICM and Manwin Licensing may soon resolve the case, which Manwin filed in November over the “extortion” it saw in the launch of the .xxx top-level domain, according to court documents.
In a joint filing, Manwin and ICM, along with ICANN and Digital Playground – the fellow plaintiff that Manwin has since acquired – said:

in recent days, Plaintiffs and ICM have engaged in discussions aimed at resolving the disputes that are the subject of this litigation.
The parties believe that additional time would potentially allow the parties to resolve all or some portion of their disputes.

The filing stipulates that Manwin has until this Friday to file an amended complaint and that ICANN and ICM should have 60 days after that to file their responses to the complaint.
That’s assuming that the suit isn’t completely settled in the meantime, of course.
The ICANN and ICM motions to dismiss filed in January have been taken off-calendar until Manwin amends its complaint.
I understand that ICANN also has secured a 60-day extension to its deadline to respond to the separate Manwin Independent Review Panel proceeding.
Manwin, which runs Brazzers, YouPorn and the Playboy-branded web sites, claimed in its complaint that the approval of .xxx in the absence of a competitive tender and its subsequent launch policies and pricing violated US antitrust laws.
ICANN and ICM claimed in their responses last month that the company was just scared of a little competition.

Comment Tagged: brazzers, ICANN, icm registry, manwin, xxx, youporn

ICANN has 100 new gTLD applicants

One hundred companies have registered to apply for generic top-level domains, according to ICANN senior vice president Kurt Pritz.
ICANN has decided not to provide a running commentary about how many applications have been received, but it did say that 25 companies registered in the first week the program was open.
“That number is now up to 100,” Pritz said today at the The Top Level conference in London.
He was referring to companies paying their $5,000 to sign up for ICANN’s TLD Application System, which is likely to be much smaller than the actual number of gTLD applications. Each TAS account can store up to 50 applications, Pritz said.
There are only 45 days left on the clock to register for a TAS account. After March 29, you’re in for a wait of at least three years (my estimate) before the opportunity comes around again.
Pritz’s revelation was one of the more interesting things to emerge during today’s half-day gathering at the offices of the PR firm Burson-Marsteller, which attracted about 40 attendees.
The other big surprise was that Scandinavian Airlines System Group, the dot-brand applicant that was due to give a presentation on its plans for .sas, was a no-show.
I gather that somebody more senior at SAS found out about the conference and decided that revealing all was not such a great business strategy after all.
Most dot-brand applicants are playing their hands close to their chest, even if they’re not heading into a contested gTLD scenario (which SAS may well be if the software firm SAS Institute also applies for .sas).
I also found it notable that there’s still substantial confusion about the program among some potential dot-brand applicants, several of which did show up as general attendees.
I talked to one poor soul who had read the latest revision of the 349-page Applicant Guidebook back-to-back after it was published January 11, trying to figure out what had changed.
He was apparently unaware that ICANN had simultaneously published a summary of the changes, which were very minimal anyway, in a separate document.
These are the types of applicant – people unfamiliar not only with ICANN’s processes but also even with its web site – that are being asked to hack the Guidebook to make the rules compatible with a dot-brand business model, remember.
One potential applicant used a Q&A session during the conference to bemoan the fact that ICANN seems intent to continue to move the goal-posts, even as it solicits applications (and fees).
Pritz and Olof Nordling, manager of ICANN’s Brussels office, reiterated briefly during their presentation today that the current public comment period on “defensive” applications could lead to changes to the program’s trademark protection mechanisms.
But this comment period ends March 20, just nine days before the TAS registration deadline. That’s simply not enough time for ICANN to do anything concrete to deter defensive applications.
If any big changes are coming down the pipe, ICANN is going to need to extend the application window. Material changes made after the applications are already in are going to cause a world of hurt.

7 Comments Tagged: .sas, dot-brands, ICANN, new gTLDs, tas, the top-level, tld application system

First .xxx cybersquatting complaint filed by porn site

The new .xxx top-level domain has seen its first cybersquatting complaint filed by a porn site.
The registrant of the domain femjoy.xxx was hit by a UDRP complaint in with the World Intellectual Property Organization late last week.
FemJoy.com is a well-known “artistic nude” porn site, according to the adult industry trade press.
While there have already been 12 UDRP cases filed against .xxx registrants, the previous cases have all been filed by the owners, such as banks and retailers, of non-porn trademarks.
The femjoy.xxx case appears to be the first instance of a cybersquatting complaint filed by a porn site.
Complainant Georg Streit has owned a US trademark on “FemJoy” – covering “magazines and periodicals featuring photographs and images of landscapes and human bodies” – since 2007.
The registrant of femjoy.xxx is an Australian called Tu Nguyen, according to Whois records. The domain does not currently resolve. In fact, it doesn’t even have name servers.

Comment Tagged: femjoy, femjoy.xxx, icm registry, udrp, wipo

Parked domain pun wins “Funniest Joke” award

A bit of Friday afternoon nonsense for you…
British stand-up comedian Tim Vine this week won a LAFTA award for the “year’s funniest joke” that’s basically just a pun on a domain name.
This is the joke: “Conjunctivitis.com – that’s a site for sore eyes”
The domain is parked (of course) and seems to be owned by a Californian domainer listed in Whois as the Health Hero Network.
I’m guessing the domain is seeing a traffic spike today.
Here’s a video of Tim Vine being much, much funnier.

Comment Tagged: laftas, tim vine