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Four presidents slam .amazon decision

Kevin Murphy, May 28, 2019, Domain Policy

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.

Hold your horses! The last wave of comments on .amazon hasn’t started yet

ICANN has yet to open the final (?) public comment period on Amazon’s .amazon gTLD applications, but it’s been receiving comments anyway.

As I blogged at the weekend, ICANN has now given all but final approval to .amazon, and the last hurdle is 30 days of public comments, on Amazon’s proposed Public Interest Commitments.

I noted at the time that the ability to comment had not yet opened, or that it was well hidden.

Over the last 24 hours or so, ICANN has nevertheless received about 15 comments about .amazon on its old new gTLD application comment system.

They’re all negative, urging ICANN to prioritize the rights of the Amazon region of South America over Amazon’s corporate IP rights.

Go here and search for the string “amazon” to locate and read them.

But according to ICANN, the 30 days of comment has not yet kicked off.

A spokesperson told DI last night that the .amazon applications are still being processed and that the PICs have not yet been formally published.

It’s not yet clear whether the new gTLD application comment system will be used, or whether ICANN will use the email-based system it uses by default for comment periods.

I expect ICANN will make a formal announcement when comments do open. Either way, I’ll blog about it here when the time comes.

Amazon’s proposed PICs were published as part of a letter to ICANN (pdf) last month.

Given the timing, it seems ICANN only has a few days to open the comment period if it wants to have any hope of approving .amazon during ICANN 65, which runs in Marrakech from June 24 to 27.

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.

Another five Amazon TLDs move to Nominet

Another five gTLDs owned by Amazon have made the back-end switch from Neustar to Nominet.

According to changes to IANA records this week, Nominet is now the registry services provider for .bot, .zappos, .imdb, .prime, and .aws.

This brings the number of Amazon TLDs to migrate from Neustar to Nominet recently to 40.

Amazon has 52 gTLDs in its portfolio. It moved 35 of them to Nominet a couple weeks ago.

Neustar told us at the time:

in an effort to diversify their back-end support, Amazon has chosen to move some, but not all, of their TLDs to another provider. Neustar will still manage multiple Amazon TLDs after the transition and we look forward to our continued partnership.

Moving .bot is notable as it is one of only six Amazon TLDs currently accepting registrations. It’s still many months away from general availability, but it has about 1,500 names in its zone. The other four movers are currently pre-launch.

It may or may not be significant that no non-Latin-script TLDs belonging to Amazon have made the transition.

According to IANA records, Neustar is still managing 12 Amazon strings, only three of which — .song, .coupon and .zero — are not internationalized domain names.

If those three TLDs were to also make the jump to Nominet over the coming weeks, I would not be in the least bit surprised.

Nominet does not currently handle IDN TLDs for any client.

Amazon tells power-hungry governments to get stuffed

Kevin Murphy, April 23, 2019, Domain Policy

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.