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ICANN urged to kill new TLD morality veto

Kevin Murphy, September 17, 2010, Domain Services

ICANN has been asked to eliminate references to “morality and public order” objections from its new top-level domain application process.

A cross-constituency working group has advised ICANN’s board of directors to scrap the term and to ensure that whatever replaces it does not enable individual governments to veto new TLDs based on their own local laws.

The so-called “MOPO” or “MAPO” part of the Draft Applicant Guidebook attracted criticism because ICANN’s Governmental Advisory Committee seemed to want to use it to grant themselves the right to block any TLD application they deemed too controversial.

The fear from the GAC was that if nations started blocking whole TLDs at their borders, it could ultimately lead to the fragmentation of the DNS root.

The fear elsewhere was that some edgy TLD applications, such as .gay or .sex, could be rejected due to the unilateral objections of backward regimes, harming freedom of speech.

But if ICANN incorporates the working group’s new recommendations into the next version of the DAG, that probably won’t be allowed to happen.

The group this week forwarded an interim report to the ICANN board for its consideration. While incomplete, it already carries a few recommendations that managed to find consensus.

Notably, the report recommends that, “National law not based on international principles should not be a valid ground for an objection”, which would seem to scupper any chances of Uganda or the Holy See blocking .gay, for example.

The working group has so far failed to reach consensus on how governmental objections should be registered and processed, but one option is:

The Applicant Guidebook should allow individual governments to file a notification (not an objection) that a proposed TLD string is contrary to their national law. The intention is that an “objection” indicates an intent to block, but a “notification” is not an attempt to block, but a notification to the applicant and the public that the proposed string is contrary to the government’s perceived national interest. However, a national law objection by itself should not provide sufficient basis for a decision to deny a TLD application.

The working group, which counted a few GAC members among its number, has managed to unanimously agree that the awkward term “morality and public order” should be dumped.

One possible contender to replace it is “Objections Based on General Principles of International Law”.

The group has also discussed the idea that a supermajority vote could be required if the board decides to reject a TLD application based on a MOPO objection.

The report is a work in progress. The working group expects to send an updated document to the ICANN board shortly before its retreat later this month.

Whether any of this will be acceptable to the GAC as a whole is up for debate.

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RapidShare’s UDRP campaign seizes 44 domains

Kevin Murphy, September 17, 2010, Domain Policy

The final results are in. RapidShare’s recent campaign to reclaim its brand from the pirates using the UDRP appears to be over, and it had about a 90% success rate.

Over the last few months the file-hosting company filed 46 UDRP complaints, covering a total of 49 domains, and it managed to win all but five of them.

The vast majority of the contested domains, 43 in total, contained the word “rapidshare”, which RapidShare has trademarked.

The company won all of them with one notable exception: rapidshare.net. The panelist in that case found that the domain had been registered before RapidShare had acquired its rights.

The remaining six domains just contained the term “rapid”. In these cases, the company had a harder time proving its case and therefore had mixed results.

It lost its complaints over rapiddownload.net, rapidbay.net, rapid4me.com and rapid.org largely on the grounds that “rapid” is not sufficiently confusingly similar to “rapidshare”.

However, it managed to win rapidpiracy.com on the dubious basis that “piracy” and “share” are conceptually similar, as I blogged earlier this month.

It also managed to secure rapidpedia.com, on the even more dubious (and barely discussed) grounds that the domain “replicates the first and dominant element of the trademark”.

All of the complaints were handled by WIPO.

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.xxx bigger than .asia

Kevin Murphy, September 16, 2010, Domain Registries

It has not and may never be delegated, but the .xxx top-level domain now has more pre-registrations than .asia, the last big gTLD launch, has live domains.

The ICM Registry web site currently counts 180,352 pre-regs. ICM tells me this number counts the unique strings that have been applied for, excluding duplicate applications.

By contrast, DotAsia’s two-year-old namespace had shrunk to 177,872 by the start of September, according to HosterStats.

ICM reported 110,000 pre-registrations at the time it re-entered contract talks with ICANN in late June; media coverage increased that to 162,000 within a couple of weeks.

The company has previously said that only 6,435 pre-regs were self-identified as defensive in nature, although this is disputed by its opponents at the Free Speech Coalition.

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.CO fastest-growing new TLD in years

Kevin Murphy, September 15, 2010, Domain Registries

.CO Internet today announced that it has taken over 500,000 .co domain name registrations in the less than two months since the names went into general availability.

By my reckoning, that makes .co the fastest-growing new TLD launch since .eu, back in 2006. EurID managed to take 1,691,069 .eu registrations in its first month of availability, a hard act to follow.

But .co easily beats .mobi, which took about eight months to reach the 500,000 registrations landmark after it launched in September 2005.

Fellow 2005-round launch DotAsia never (or has yet to) hit the 500k mark. It peaked at 245,196 in March 2009 and has been on the slide ever since, according to HosterStats.com.

If you go back as far as the 2000 round, you’ll find Afilias’ .info TLD took almost three months to hit 500,000 names. Three months after that, it had added another quarter-million.

But it only took Neustar (then Neulevel) a measly 30 days to pass the same milestone with .biz. Ten years on, it has over two million names on its books.

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Bulgaria to appeal ICANN rejection

Kevin Murphy, September 15, 2010, Domain Registries

The Bulgarian government will appeal ICANN’s rejection of .бг, its proposed Cyrillic-script version of the .bg country-code top-level domain, according to reports.

“We have reasons to hope that our proposal may be accepted by the end of next year,” Deputy Transport Minister Parvan Rusinov said, according to Novinite.com.

ICANN rejected the string earlier this year due to its confusing similarity to Brazil’s ccTLD, .br.

The Bulgarian government conducted a online poll, offering its citizens the choice of a few lengthier alternatives, but .бг still came back the winner.

In today’s reports, Rusinov is quoted saying that the government could either file a modified application, or wait for the launch of an appeals procedure in 2011.

It does not appear that the IDN ccTLD Fast Track process currently allows appeals, so I can only assume that such a mechanism is under consideration as part of the upcoming process review. It has been rumored.

ICANN doesn’t talk about IDN fast track applications until they are approved, but Bulgaria’s government has been happily chatting to the local press for months.

Technology minister Alexander Tsvetkov was quoted back in June saying that the country would ask ICANN to reconsider its decision. If he meant a Reconsideration Request, that never happened.

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