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Former ICANN chair joins M+M

Peter Dengate Thrush, the former ICANN chairman who pushed through approval of the new top-level domains program less than a month ago, is to join new gTLD firm Minds + Machines.
He has become executive chairman of Top Level Domain Holdings, M+M’s parent company, which is listed on the Alternative Investment Market.
The hire will undoubtedly boost M+M’s credibility and raise its profile, but is already also raising eyebrows.
TLDH plans to apply to ICANN for potentially dozens of new gTLD contracts next year, both with partners and customers and on its own.
Dengate Thrush has been granted options to buy 15 million TLDH shares for 8p each, roughly the same as its current price, which he can exercise at a rate of 1.25 million per quarter through July 2014.
TLDH currently has no revenue to speak of. Its future share price will depend on its ability to sign registry services customers and win new gTLDs through the ICANN process.
It’s fairly easy to extrapolate scenarios where Dengate Thrush’s compensation package is worth millions.
His chairmanship of ICANN’s board of directors came to an end June 24, just a few days after it voted to approve the new gTLD program.
During that vote, dissenting director Mike Silber accused the board of voting too soon, saying it was being hurried by “ego-driven deadlines”.
This was a reference to Dengate Thrush and fellow new gTLD cheerleader Rita Rodin Johnston, both of whom were due to see their terms on the board expire that week.
Dengate Thrush is the first ICANN chair to take a high-paying domain name industry job following his time with ICANN.
His predecessor, Vint Cerf, joined Google. Earlier, Esther Dyson went on to invest in and work with a number of technology start-ups.
ICANN does not have a policy preventing former employees or directors taking lucrative jobs working for the companies that they were previously essentially regulating.
Indeed, some of its directors currently work for such companies.
Few in the ICANN community doubted that Dengate Thrush, an IP lawyer by trade, would join a new gTLD company. The question was which one.
I asked him, along with CEO Rod Beckstrom and senior VP Kurt Pritz, at a press conference in Singapore, whether they would be prevented from joining a new gTLD firm.
The answer, basically, was: “No.”
ICANN staff and board sign confidentiality agreements that prevent them taking secrets into future employers, but there’s nothing to prevent a “revolving door” between industry and regulator.
There have already been calls from parts of the ICANN community to create a new ethics policy, after senior registry liaison Craig Schwartz left to join the VeriSign-backed .bank project.
GNSO Council chair Stephane Van Gelder of the French registrar Indom suggested in a blog post this morning that ICANN should consider hiring independent directors and barring them from working in the industry for a year after their terms end.
It would be pretty difficult to enforce such a rule on the board as it is currently made up, given that it draws some of its members, by design, from the domain name industry.
ICANN’s new vice chair Bruce Tonkin works for Melbourne IT, a registrar, for example. He recused himself from the new gTLD vote because of this conflict of interest.
It would be silly for ICANN to ban him from working for Melbourne IT after his term expires if he’s allowed to work there during the term itself.
While no rules appear to have been broken, M+M’s new hire may sit uncomfortably with some.
It will certainly reinforce beliefs, where they are held, that the new gTLD program is largely a money-grabbing exercise by the domain industry.

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ICM reveals .xxx launch dates, extends sunrise

Citing demand, ICM Registry has lengthened the .xxx sunrise period, which begins September 8, by three weeks. It will now end October 28, running for 50 days.
The new deadlines apply to all three sunrises, which will run concurrently.
Sunrise A-T – for porn publishers with trademarks.
Sunrise A-D – for porn publishers with matching domains in other TLDs.
Sunrise B – for anyone outside the porn business who wants to “turn off” their trademark in .xxx to prevent cybersquatting.
Successful Sunrise B applicants will see their chosen domains resolve to a standard information page explaining that the domain is not available for registration.
Post-launch, anyone can register a non-resolving domain that returns an NXDOMAIN response, but they’ll have to pay for it annually. Sunrise B applicants pay a one-time fee.
If applicants from Sunrise A and Sunrise B both apply for the same domains, the porn applicant will be given precedence, although they will be warned about possible trademark infringement.
If more than one Sunrise A applicant applies for the same domain, the fight will be taken to an auction, managed by Pool.com. Auction rules will be published at a later date.
The sunsrise is outlined in a policy document (pdf) ICM published on its web site today that sets out the rules for its pre-launch period.
The company has not yet announced details of its Charter Eligibility Dispute Resolution Procedure, nor its Rapid Evaluation Service, though it has said it expects them to cost between $750 and $1,500, depending on what deals it can come to with dispute resolution providers.
The Rapid Evaluation Service, previously referred to as “rapid takedown” will be an interesting one.
It’s expected to be a little like the Uniform Rapid Suspension process ICANN’s new gTLDs will have to implement, except it will only take about 48 hours to take down an obviously cybersquatted domain.
ICM says it expects to publish these policies before the sunrise begins.
Landrush is now expected to run November 8 until November 25. General availability will begin December 6.

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DomainMonster gets .co accreditation

DomainMonster has announced that it’s the first UK-based domain name registrar to get a .co accreditation.
The partnership comes as .CO Internet expands its registrar channel beyond the initial 10 that were approved when it launched a year ago.
The registry announced in April that it would add 20 new registars over the next 12 months.
DomainMonster has been selling .co domains as a reseller of Colombian registrar Domino Amigo for the last year.
The company says did a pretty brisk trade on the first day of .co availability, securing more .co names in the first 10 minutes than any other registrar, with a 90% success rate.
I’ve heard from a few places recently that Go Daddy may have even asked DomainMonster to submit launch-day registrations on its behalf.
The company also has a new reseller platform of its own, DomainBox, which will also make .co domains available to partners.

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VeriSign to raise .com and .net prices again

VeriSign has announced price increases for .com and .net domain name registrations.
From January 15, 2012, .com registry prices will increase from $7.34 to $7.85 and .net fees will go up from $4.65 to $5.11.
That’s a 10% increase for .net and a 7% increase for .com, the maximum allowable under its registry agreements with ICANN.
As ever, registrants have six months to lock down their domains at current pricing by renewing for periods of up to 10 years.
The last time VeriSign raised prices, also by 7% and 10%, the higher prices became effective a year ago, July 2010.
VeriSign’s contract for .net was renewed last month after it was approved by the ICANN board of directors.
Its .com contract comes up for renewal next year.

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How Protect IP will get you hacked

Kevin Murphy, July 14, 2011, Domain Policy

The collection of DNS experts opposing the Protect IP Act today held a press conference to outline exactly why the proposed US piracy protection legislation is dangerous.
Protect IP, currently making its may through Congress, would force ISPs to intercept and redirect domain name look-ups for proscribed piracy sites.
It’s the latest in a series of attempts by the IP lobby to push through legislation aimed at curbing the widespread bootlegging of digital content such as music and movies.
But ICANN chair Steve Crocker, DNS uber-hacker Dan Kaminsky, David Dagon of Georgia Tech, VeriSign’s Danny McPherson and BIND supremo Paul Vixie all think the Act will have unintended and dangerous consequences.
They published a white paper explaining their concerns in May, which I wrote about here, and today ramped up the campaign by talking to reporters in Washington, DC.
Here’s the problem as they see it:
Today, the vast majority of internet users take the default DNS service from their ISP. Usually, the servers are configured automatically when you’re installing the ISP’s software.
Many users are also aware of alternative DNS providers such as Google and OpenDNS. Whatever you think of these services, you can be pretty confident they’re not out to steal your identity.
What Crocker et al are worried about is that content pirates will set up services similar to OpenDNS in order to enable users to visit domains that are blocked by Protect IP in their country.
Users can configure such a service in just 30 seconds, with a single click, the experts said. If they want access to the latest movies and music, they may do so without considering the consequences.
But if you sign up to use a DNS server provided by a bunch of movie pirates, you don’t necessarily have the same reassurances you have with OpenDNS or Google.
You’re basically signing up to pass all your domain name look-up data to proven rogues, what Kaminsky referred to during the press conference as “unambiguously bad guys”.
These bad guys may well direct you to the correct server for the Pirate Bay, but they may also hand you over to a spoof web site when you try to visit your bank.
You’ll think you’re looking at your bank’s site, and your computer will think it got a genuine IP address in response to its DNS query, but you’re really handing your login credentials to a crook.
DNS blocking already takes place with respect to content such as child pornography, of course, but it has not to date created a huge reaction with millions of users taking their DNS overseas.
“The scale of the reaction is what we fear,” Kaminsky said. Vixie added: “To the extent that the content is extremely popular the bypass mechanisms will also be popular.”
The measures proposed by Protect IP would also break DNSSEC, but that’s still pretty much pie-in-the-sky stuff, so the press conference did not spend much time focusing on that.

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Last chance to tell ICANN how to plug new gTLDs

“How Do We Raise Global Awareness of New gTLDs?”
ICANN asked that question a month ago and tomorrow is your last chance to respond to the public comment period it set up to gather suggestions.
So far, the number of responses is in the single figures.
I quite like Danny Younger’s suggestion: “It might be wise for a communications plan to include a warning to the general public about misleading ‘pre-registration’ schemes.”
A press release containing such a warning would almost certainly gather headlines – hacks love a bit of conflict – but it could also risk making the new gTLD process look a bit slapdash.
Easily the most laughable suggestion filed with ICANN so far comes from 4U Systems:

I would like to offer the use of .4U.com in your campaign. For example, New-gTLDs.4U.com, Domains.4U.com,Internet-Innovations.4U.com, new-domains.4U.com, Internet-expansions.4U.com, ICANN-applications.4U.com, TLD-launch.4U.com, ICANN-facts.4U.com, podcasts.4U.com, social-media.4U.com…the possibilities are limitless… the avenues to the information, countless. Therefore, we would like to talk further about how we may assist in the gTLD campaign with 4U.

Has any reader ever encountered a more fundamentally badly judged or desperation-smacking piece of business development outreach?

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Ambitious .app project seeks funding

A community initiative to apply to ICANN for the .app top-level domain is looking for expert assistance and, more importantly, financial backers.
The .app Project sprung up in late June, after ICANN approved the new gTLD program. It hopes to raise a total of $535,000 to support the application, via memberships and sponsorship.
It appears to have been launched and is being coordinated by Matthew Baxter-Reynolds, director of a British mobile software consultancy called AMX Software.
The project’s site, at dotappapp.com, says:

Our aim is to keep the .app gTLD open and accessible such that it becomes an entity that properly support the app software development community, particularly in areas of intellectual property protection.

To raise money for the $185,000 ICANN fee, it’s selling memberships for between $25 and $100, which include a number of “free” .app domains if the application is approved.
It hopes to later raise an additional $350,000 for the technical infrastructure through sponsorship and investment.
I say the project is “ambitious” because I fully expect .app to be a contested TLD with multiple serious bidders that may well wind up duking it out at auction.
The iPhone platform alone already has over 400,000 third-party apps in the Apple App Store, so .app is a string that could potentially be a modest commercial success.

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Anti-.jobs coalition keeps up pressure on ICANN

The .JOBS Charter Compliance Coalition, which wants ICANN to rein in .jobs registry Employ Media, has sent a couple of stern letters to ICANN recently.
Neither are especially exciting, but as ICANN has yet to publish them on its correspondence page I thought I’d make them available here.
The first (pdf), sent July 5, demands to know why ICANN has not yet provided an update to its forthcoming arbitration with Employ Media, which was due a few weeks ago.
ICANN and the registry are set to face off at the International Chamber of Commerce over the disputed Universe.jobs service, which ICANN believes was launched in breach of the .jobs Charter.
My understanding is that the arbitration is going ahead, but that ICANN has been granted an extension to the deadline to file its reply.
The second letter (pdf) notes that .jobs’ IANA listing was recently updated with language more friendly to Employ Media’s position that not only human resources managers qualify for .jobs domains.
It asks why this change was made, invoking the Documentary Information Disclosure Policy.
The Coalition is made up of independent jobs site operators unhappy that Employ Media appears to be using its position as the .jobs registry to compete with them.

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Sedo launches domain pricing index

Kevin Murphy, July 13, 2011, Domain Sales

Sedo has launched Internet Domain Name Index, a research project that shows long-term domain pricing trends and compares the data to larger economic trends.
Using January 2006 prices as a baseline, the IDNX index will be updated monthly showing how much, relatively, domains are selling for on the secondary market.
Currently, domains are valued at 183% of January 2006 prices, for example.
The index uses something called a “hedonic repeat sales methodology” to come up with its numbers. No, I don’t know what that means either.
However the numbers are arrived at, the conclusions are quite interesting, showing that domain prices rise and fall in lockstep with the financial markets.
In this graph, the green line is the IDNX number and the blue one represents the value of the Nasdaq 100.
Sedo Domain Index
“The strong correlation shows that domain name buyers and sellers make economically motivated price decisions,” researcher Thies Lindenthal concludes. “Domain markets are not a cloud-cuckoo-land where dreamers trade esoteric goods at imaginary prices.”
Sedo expects domainers to use the index to adjust their portfolios’ changing values over time.

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Will Larry Flynt sue over .xxx domains?

The porn publisher Hustler is “prepared to take whatever legal action may be necessary” to stop ICM Registry letting people register its trademarks in .xxx, according to a report.
I’ve been hearing rumors for several weeks that some companies are so unhappy about having to pay to block their brands in .xxx that they may consider legal action.
Now Xbiz reports that Hustler has said it refuses to be “shaken down” by the registry, but that ICM has not responded to its written demands for protection.
But will the company sue ICM (and ICANN?) over what may amount to just a few thousand dollars in defensive registration fees? And on what grounds?
In the US, the Anticybersquatting Consumer Protection Act, which has been on the books since 1999, is rather friendly to registries unless they behave really, really badly.
ICM will have some of the strongest trademark protection mechanisms of any gTLD, suggesting that it could have quite a strong defense to a cybersquatting claim.
Hustler could of course decide to sue based on a different law.
Threats of lawsuits are something that new gTLD applicants will need to bear in mind if they plan to apply for a TLD that encompasses an industry or community, as .xxx does.
Even if applicants manage to win the support of a portion of the affected industry, community members that think they’re likely to be cybersquatted or lose valuable real estate may well resort to the courts.
This is why about 30% of every new gTLD application fee goes into an ICANN war chest reserved in part for legal fees. ICANN knows what could be coming down the pike.
Xbiz quoted Hustler attorney Jonathan Brown saying: “We are constantly policing the registration and use of domain names that attempt to capitalize on Hustler’s trademarks.”
But the record shows that the company does not appear to be an especially aggressive enforcer of its marks in other top-level domains.
The magazine’s parent, LFP, has filed 29 UDRP complaints since 2002, all relating to Hustler and Barely Legal and, apart from hustler.tv, all for .com domains. The most recent filing was in 2009.
The company does not own the string “hustler” in .net, .org, .info, .biz or in a number of high-visibility ccTLDs that I checked. It does, however, own hustler.mobi.

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