Another victory for Amazon as ICANN rejects Colombian appeal

Amazon’s application for .amazon has moved another step closer to reality, after ICANN yesterday voted to reject an appeal from the Colombian government.
The ICANN board of directors voted unanimously, with two conflict-related abstentions, to adopt the recommendation of its Board Accountability Mechanisms Committee, which apparently states that ICANN did nothing wrong when it decided back in May to move .amazon towards delegation.
Neither the board resolution nor the BAMC recommendation has been published yet, but the audio recording of the board’s brief vote on Colombia’s Request for Reconsideration yesterday can be found here.
As you will recall, Colombia and the seven other governmental members of the Amazon Cooperation Treaty Organization have been trying to stymie Amazon’s application for .amazon on what you might call cultural appropriation grounds.
ACTO governments think they have the better right to the string, and they’ve been trying to get veto power over .amazon’s registry policies, something Amazon has been strongly resisting.
Amazon has instead offered a set of contractual Public Interest Commitments, such as giving ACTO the ability to block culturally sensitive strings, in the hope of calming the governments’ concerns.
These PICs, along with Amazon’s request for Spec 13 dot-brand status, will likely be published for 30 days of public comment this week, Global Domains Division head Cyrus Namazi told the board.
Expect fireworks.
After comments are closed, ICANN will then make any tweaks to the PICs that are necessary, before moving forward to contract-signing with Amazon, Namazi .said.

The Amazon is burning. Is this good news for .amazon?

With the tide of international opinion turning against Brazil due to the ongoing forest fires in the Amazon, could we see governments change their tune when it comes to Amazon’s application for .amazon?
A much higher number of forest fires than usual are currently burning in the region, largely in Brazil, which critics led by environmentalists and French president Emmanuel Macron have blamed on relaxed “slash and burn” farming policies introduced by new Brazilian president Jair Bolsonaro.
The rain forest is an important carbon sink, said to provide 20% of the world’s oxygen. The more of it is lost, the harder it is to tackle climate change, the argument goes.
It’s been an important topic at the Macro-hosted G7 summit, which ends today. Even the bloody Pope has weighed in.
Arguably, the stakes are nothing less than the survival of human civilization and life on Earth itself.
And this is a story about domain names. Sorry. This is a blog about domain names. My hands are tied.
Amazon the company has been fighting governments over its application for .amazon, along with the Chinese and Japanese translations, for over six years.
ICANN’s Governmental Advisory Committee was responsible for killing off .amazon in 2013 after it decided by consensus that Amazon’s application should not proceed.
That decision was only reached after the US, under the Obama administration, decided to abstain from discussions.
The US had been protecting Amazon by blocking GAC consensus, but changed its tune partly in order to throw a bone to world leaders, including then-president of Brazil Dilma Rousseff, who were outraged by CIA analyst Edward Snowden’s revelations of widespread US digital espionage.
After ICANN dutifully followed the GAC advice and rejected Amazon’s gTLD applications, Amazon appealed via the Independent Review Process and, in 2017, won.
The IRP panel ruled that the GAC’s objection had no clear grounding in public policy that could be gleaned from the record. It told ICANN to re-open the applications and evaluate them objectively.
Ever since then, the GAC’s advice to ICANN has been that it must “facilitate a mutually acceptable solution” between Amazon and the eight nations of the Amazon Cooperation Treaty Organization.
ICANN has been doing just that, or at least attempting to, for the last couple of years.
But the two parties failed to come to an agreement. ACTO wants to have essential veto power over Amazon’s use of .amazon, whereas Amazon is only prepared to offer lists of protected names, a minority position in any policy-setting body, and some sweeteners.
In May this year, ICANN’s board of directors voted to move .amazon along towards delegation, noting that there was “no public policy reason” why it should not.
In June, the government of Colombia filed a Request for Reconsideration with ICANN, demanding it reevaluate that decision.
The RfR was considered by ICANN’s Board Accountability Measures Committee at its meeting August 14, but its recommendation has not yet been published. I’m expecting it to be posted this week.
There’s still opportunity for the GAC to cause mischief, or act as a further delay on .amazon, but will it, in light of some country’s outrage over Brazil’s policy over the rain forest?
One could argue that if the nation that has the largest chunk of Amazon within its borders seems to have little regard to its international importance, why should its claim to ownership of the string “amazon” get priority over a big brand that has offered to protect culturally significant words and phrases?
Remember, as the example of the US in 2012/13 shows us, it only takes one government to block a GAC consensus. If Brazil or Peru continue to pursue their anti-Amazon path, could France throw a spanner in the works, smoothing .amazon’s road to delegation?
Anything’s possible, I suppose, but my feeling is that most governments back ACTO’s position largely because they’re worried that they could find themselves in a similar position of having to fight off an application for a “geographic” string in the next gTLD application round.

.amazon frozen AGAIN as endless government games continue

Amazon’s application for the .amazon gTLD has yet again been frozen, after a South American government invoked ICANN’s appeals process.
The bid, as well as applications for the Chinese and Japanese versions, were returned to “on-hold” status at the weekend, after Colombia filed a formal Request for Reconsideration, an ICANN spokesperson confirmed to DI.
“The processing toward contracting of the .AMAZON applications has been halted pending the resolution of Request 19-1, per ICANN organization’s normal processes,” the spokesperson said.
This means the applications could remain frozen for 135 days, until late October, while ICANN processes the request. It’s something that has happened several times with other contested gTLDs.
Colombia filed RfR 19-1 (pdf) on June 15. It demands that ICANN reverses its board’s decision of May 15, which handed Amazon a seemingly decisive victory in its long-running battle with the eight governments of the Amazon Cooperation Treaty Organization.
ACTO’s members believe they should have policy control over .amazon, to protect the interests of their citizens who live in the region they share.
To win an RfR — something that hardly ever happens — a complainant has to show that the ICANN board failed to consider pertinent information before it passed a resolution.
In Colombia’s case, it argues that the board ignored an April 7 letter (since published in PDF format here) its Governmental Advisory Committee representative sent that raises some interesting questions about how Amazon proposes to operate its TLDs.
Because .amazon is meant to be a highly restricted “dot-brand” gTLD, it would presumably have to incorporate Specification 13 into its ICANN registry agreements.
Spec 13 releases dot-brands from commitments to registrar competition and trademark protection in exchange for a commitment that only the brand itself will be able to own domains in the TLD.
But Colombia points out that Amazon’s proposal (pdf) to protect ACTO governments’ interests would give the eight countries and ACTO itself “beneficial ownership” over a single domain each (believed to be names such as co.amazon, .br.amazon, etc).
If this means that Amazon would not qualify for Spec 13, it could follow that ICANN’s board made its decision to continue processing .amazon on faulty assumptions, Colombia argues.
Colombia points to the case of .sas, a dot-brand that is apparently shared by two companies that have the same brand, as a possible model for shared management of .amazon.
RfRs are handled by ICANN’s Board Accountability Mechanisms Committee.
BAMC took just a couple of days to rule out (pdf) Colombia’s request for “urgent reconsideration”, which would reduce its regular response time from 90 days to 7 days.
The committee said that because the .amazon applications were being placed back on-hold as part of normal procedure during consideration of an RfR, no harm could come to Colombia that would warrant “urgent” reconsideration.
According to ICANN’s spokesperson, under its bylaws the latest the board can respond to Colombia’s request is October 28.
At a GAC session at the ICANN 65 meeting in Marrakech, taking place right now, several ACTO governments have just spent over an hour firmly and publicly protesting ICANN’s actions surrounding .amazon.
They’re still talking as I hit “publish” on this post.
In a nutshell, they believe that ICANN has ignored GAC advice and reneged on its commitment to help Amazon and ACTO reach a “mutually acceptable solution”.

Four presidents slam .amazon decision

The leaders of four of the eight governments of the Amazon region of South America have formally condemned ICANN’s decision to move ahead with the .amazon gTLD.
In a joint statement over the weekend, the presidents of Peru, Colombia, Ecuador and Bolivia, said they have agreed to “to join efforts to protect the interests of our countries related to geographical or cultural names and the right to cultural identity of indigenous peoples”.
These four countries comprise the Andean Community, an economic cooperation group covering the nations through which the Andes pass, which has just concluded a summit on a broad range of issues.
The presidents said they have “deep concerns” about ICANN’s decision to proceed towards delegating .amazon to Amazon the company, over the objections of the eight-nation Amazon Cooperation Treaty Organization.
ICANN is “setting a serious precedent by prioritizing private commercial interests over public policy considerations of the States, such as the rights of indigenous peoples and the preservation of the Amazon in favor of humanity and against global warming”, they said (via Google Translate).
ACTO had been prepared to agree to Amazon running .amazon, but it wanted effective veto power on the TLD’s policy-setting committee and a number of other concessions that Amazon thought would interfere with its commercial interests.
As it stands, Amazon has offered to block thousands of culturally sensitive domains and to give the ACTO nations a minority voice in its policy-making activities.
ICANN will soon open these proposed commitments to public comment, and will likely decide to put .amazon into the root not too long thereafter.

Amazon wins! ICANN on verge of approving .amazon despite government outrage

Amazon has one foot over the finish line in its seemingly endless battle for the .amazon gTLD.
ICANN last week nudged its application along to probably its final hurdle and gave the strongest indication yet that the controversial dot-brand will soon be delegated in the root.
Amazon has essentially won, beating off objections from the eight South American nations of the Amazon Cooperation Treaty Organization.
In a May 15 resolution, published late Friday, the ICANN board of directors resolved that there is “no public policy reason for why the .AMAZON applications should not be allowed to proceed”.
It now plans to approve the application for .amazon, along with the Chinese and Japanese translations, after Amazon’s “Public Interest Commitments” — enforceable voluntary commitments that would be incorporated into its registry contract — have been subject to 30-day public comment period.
These PICs would require Amazon to give each of the eight nations, and ACTO itself, one domain name under .amazon that they could use to provide non-commercial information about the region whose name the company shares.
Amazon would also have to block up to 1,500 culturally sensitive terms in each of the TLDs, so that nobody could use them.
There’d be a steering committee comprising Amazon and the ACTO members, which would get to decide which domains are blocked. Amazon would have the ultimate veto, but ACTO states could appeal by filing PIC Dispute Resolution Procedure complaint with ICANN.
The text of Amazon’s proposed PICs can be found in an April 17 letter to ICANN (pdf).
As far as I can tell, the public comment period has not yet been opened. If it has, it’s so well-hidden on the ICANN web site that even my voodoo powers have been ineffective in unearthing it.
It seems likely that it will attract comment from ACTO and its members, along with others with an interest in protecting the Amazon region.
Whether their comments will be enough to make ICANN change its mind about eventually delegating .amazon seems highly unlikely.
Amazon, in my view, has basically won at this point.
The victory comes over seven years after the original application was filed.
Amazon fought off a Community Objection from the Independent Objector in 2013, but its applications were rejected by ICANN after receiving consensus advice from the Governmental Advisory Committee.
The GAC reached consensus against Amazon only after the United States, which had been protecting what is one of its largest technology companies’ interests, caved to pressure from the rest of the committee.
But Amazon filed an Independent Review Process complaint, which in July 2017 came back in the company’s favor. The IRP panel ruled that the GAC’s advice had been flimsy and baseless, and that ICANN should un-reject the .amazon applications.
Since then, it’s been a fight between Amazon and ACTO, with ICANN trapped in the middle.
As far as ICANN is concerned, the GAC had only advised it to “facilitate” a resolution between the two parties. It does not appear to believe it was under an obligation to assure that both parties were happy with the outcome.
ACTO had wanted much stronger protections from Amazon including majority control of the policy steering committee and, hilariously, a button on every single .amazon web page linking to an ACTO site promoting the Amazon region.
The company rejected those requests, and instead put its own unilateral proposal to ICANN.
Following ICANN’s approval, it’s now very possible that Amazon could start using .amazon this year.
However, given the usual speed at which the company launches its delegated gTLDs, some time in the 2030s is just as likely.

Amazon tells power-hungry governments to get stuffed

Amazon has rejected attempts by South American governments to make the would-be gTLD .amazon “jointly owned”.
In a letter to ICANN last week, Amazon VP of public policy Brian Huseman finally publicly revealed the price Amazon is willing to pay for its dot-brand, but said members of the Amazon Cooperation Treaty Organization are asking for way too much power.
It turns out three of ACTO’s eight national government members have proposed solutions to the current impasse, but Amazon has had to reject them all for commercial and security reasons. Huseman wrote (pdf):

Some member states require that we jointly own and manage the .AMAZON TLDs. Some require that we give the member states advance notice and veto authority over all domain names that we want to register and use—for both trademarked terms as well as generic words. Some suggest a Governance Committee can work only if it has governance that outweighs Amazon’s voice (i.e. the Governance Committee has a representative from one of each of the eight member states, while Amazon has one); and some want to use .AMAZON for their own commercial purposes.

From Huseman’s description, it sounds like the ACTO nations basically want majority control (at least in terms of policy) of .amazon and the Chinese and Japanese translations, applications for which have been essentially frozen by ICANN for years.
Huseman told ICANN that Amazon cannot comply.
If the company were to give eight South American governments advanced notice and veto power over .amazon domains it planned to register, it would make it virtually impossible to contain its business secrets prior to the launch of new services, he said.
The governments also want the right to block certain unspecified generic strings, unrelated to the Amazon region, he wrote. Amazon can’t allow that, because its range of businesses is broad and it may want to use those domains for its own commercial purposes.
Amazon has offered to block up to 1,500 strings per TLD that “represent the culture and heritage of the Amazonia region”.
Nine .amazon domains would be set aside for actual usage, one for ACTO and one each for its members, “that have primary and well-recognized significance to the culture and heritage of the region”, but they’d have to use those domains non-commercially.
The proposal seems to envisage that the countries would select their two-letter country code as their freebie domain. Brazil could get br.amazon, for example.
They could also select the names of Amazonian indigenous peoples’ groups or “the specific terms OTCA, culture, heritage, forest, river, and rainforest, in English, Dutch, Portuguese, and Spanish.”
They would not to be allowed to use third-level domains, other than “www”.
The governments would have up to two years to populate the list of 1,500 banned terms. The strings would have to have the same “culture and heritage” nexus, and Amazon would get veto power over whether the proposed strings actually meet that test.
As the whole policy would be enshrined as a Public Interest Commitment in the .amazon registry contract with ICANN, ACTO members would be able to protest such rejections using the PIC Dispute Resolution Policy.
Amazon would also get veto power over the content of the web sites at the domains used by the governments. They’d have to be basically static sites, and all user-generated content would be strictly verboten.
It’s a power struggle, with little evident common ground once you get down into the details, and it’s likely going to be up to ICANN to decide whether Amazon’s proposal is sufficient to overrule the ACTO and Governmental Advisory Committee concerns.
ICANN had set a deadline of April 21 to receive the proposal. The timetable it has previously set out would see its board of directors make a decision (or punt it back to Amazon) at the Marrakech public meeting in late June.
However, board chair Cherine Chalaby has told ACTO that if it wants to negotiate a joint proposal with Amazon, it can still do so. ICANN would need to receive this revised proposal by June 7, he said.

ICANN takes the reins again as .amazon talks fail

ICANN has re-involved itself in the fight over the .amazon gTLD, after Amazon and eight South American governments failed to reach agreement over the name.
ICANN chair Cherine Chalaby wrote this week to the Amazon Cooperation Treaty Organization to inform the group that it is now ICANN that will decide whether the proposed dot-brand domain is approved or not.
ICANN’s board had given Amazon and ACTO until April 7 to come to a mutual agreement that addressed ACTO’s sovereignty concerns, but they missed that deadline.
According to the BBC World Service, citing unnamed diplomats, ACTO wanted Amazon to create a kind of policy committee, with seats at the table for governments to veto second-level domains Amazon decides it wants to register in .amazon in future.
Amazon declined this demand, instead offering each of the eight ACTO countries its two-letter country-code under .amazon — br.amazon for Brazil, for example — the Beeb reported at the weekend.
Now that ICANN’s deadline has passed, ACTO appears to have lost its chance to negotiate with Amazon.
ICANN has now asked the company to submit a plan to address ACTO’s concerns directly to ICANN by April 21.
From that point, it could go either way. ICANN might approve the .amazon application, reject it, or push it back to Amazon for further work.
But .amazon may not necessarily be on the home straight yet. A straightforward approval or rejection will very likely provoke howls of anguish, and further appeals action, from the losing side.

ICANN plays tough over Amazon dot-brands

ICANN has given Amazon and the governments of the Amazon Cooperation Treaty Organization less than a month to sort out their long-running dispute over the .amazon gTLD.
The organization’s board of directors voted on Sunday to give ACTO and the e-commerce leviathan until April 7 to get their shit together or risk not getting what they want.
But both parties are going to have to come to an agreement without ICANN’s help, with the board noting that it “does not think that any further facilitation efforts by ICANN org will be fruitful”.
Attempts by ICANN to meet with ACTO over the last several months have been agreed to and then cancelled by ACTO on at least two separate occasions.
The eight ACTO governments think the string “Amazon” more rightfully belongs to them, due to it being the English name for the rain forest region they share.
Amazon the company has promised to safeguard culturally sensitive terms in .amazon, to assist with future efforts to secure .amazonas or similar for the Amazonian peoples, and to donate services and devices to the nations concerned.
Now, the two parties are going to have to bilaterally decide whether this deal is enough, whether it should be sweetened or rejected outright.
If they can’t come to a deal by ICANN’s deadline (which could be extended if Amazon and ACTO both ask for more time), ICANN will base its decision on whether to approve .amazon based on how Amazon unilaterally proposes to address ACTO’s concerns.
While a rejection of the .amazon application is still on the table, my read is that this is a bigger win for Amazon than it is for ACTO.

Updated: More .amazon delay as governments cancel talks

The future of Amazon’s bid for .amazon has been cast into more doubt after South American governments cancelled talks with ICANN.
The new secretary general of the Amazon Cooperation Treaty Organization, Alexandra Moreira, wrote to ICANN CEO Göran Marby February 13 to call off a meeting that had been planned to take place in Brasilia, February 19.
She blamed unspecified “unavoidable circumstances” for the cancellation, but insisted it was unrelated to the .amazon issue.
“It is necessary to clarify that the above mentioned circumstances have no connection whatsoever with neither the substance nor the agenda of the postponed meeting,” she wrote.
I believe the cancellation is related to the ongoing political instability in ACTO member Venezuela, which has recently spilled onto its borders with fellow members Brazil and Colombia.
Moreira reiterated that ACTO remains committed to talks to get the .amazon impasse resolved.
The cancellation of the February 19 meeting causes timing issues for ICANN’s board of directors, which has promised to vote on the .amazon applications at its meetings in Kobe, Japan, at ICANN 64, which kicks off in less than two weeks.
Brazilian Governmental Advisory Committee representative Achilles Zaluar has meanwhile reached out to Marby to request a delay of this decision until ICANN 65, which takes place in June.
Eight-nation ACTO is unhappy with Amazon’s encroachment onto what it sees as its geographic name rights, even though the Amazon region is typically known as Amazonia locally.
Amazon has offered to protect culturally sensitive terms at the second level and to support future efforts to secure a .amazonia TLD.
But its latest offers have still not been formally presented to and discussed with ACTO.
This post was updated an hour after publication to provide additional context to the cancellation.

After ICANN knockback, Amazon countries agree to .amazon talks

Talks that could lead to Amazon finally getting its long-sought .amazon gTLD are back on, after a dispute between ICANN and eight South American governments.
The Amazon Cooperation Treaty Organization last week invited ICANN CEO Goran Marby to meet ACTO members in Brasilia, any day next week.
It’s not clear whether Amazon representatives have also been invited.
The outreach came despite, or possibly because of, ICANN’s recent rejection of an ACTO demand that the .amazon gTLD applications be returned to their old “Will Not Proceed” status.
In rejecting ACTO’s Request for Reconsideration, ICANN’s board of directors had stressed that putting .amazon back in the evaluation stream was necessary in order to negotiate contractual concessions that would benefit ACTO.
Amazon is said to have agreed to some Public Interest Commitments that ACTO would be able to enforce via ICANN’s PIC Dispute Resolution Process.
The e-commerce giant is also known to have offered ACTO cultural safeguards and financial sweeteners.
ACTO’s decision to return to the negotiating table may have been made politically less uncomfortable due to a recent change in its leadership.
Secretary-general Jacqueline Mendoza, who had held the pen on a series of hard-line letters to Marby, was in January replaced by Bolivian politician Alexandra Moreira after her three-year term naturally came to an end.
ICANN’s board has said it will look at .amazon again at its meetings in Kobe, Japan, in March.