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Chutzpah alert! DotKids wants ICANN handout to fight gTLD auction

Kevin Murphy, September 24, 2018, Domain Policy

New gTLD applicant DotKids Foundation has asked ICANN for money to help it fight for .kids in an auction against Amazon and Google.

The not-for-profit was the only new gTLD applicant back in 2012 to meet the criteria for ICANN’s Applicant Support Program, meaning its application fee was reduced by $138,000 to just $47,000.

Now, DotKids reckons ICANN has a duty to carry on financially supporting it through the “later stages of the process” — namely, an auction with two of the world’s top three most-valuable companies.

The organization even suggests that ICANN dip into its original $2 million allocation to support the program to help fund its bids.

Because .kids is slated for a “last resort” auction, an ICANN-funded winning bid would be immediately returned to ICANN, minus auction provider fees.

It’s a ludicrously, hilariously ballsy move by the applicant, which is headed by DotAsia CEO Edmon Chung.

It’s difficult to see it as anything other than a delaying tactic.

DotKids is currently scheduled to go to auction against Google’s .kid and Amazon’s .kids application on October 10.

But after ICANN denied its request for funding last month, DotKids last week filed a Request for Reconsideration (pdf), which may wind up delaying the auction yet again.

According to DotKids, the original intent of the Applicant Support Program was to provide support for worthy applicants not just in terms of application fees, but throughout the application process.

It points to the recommendations of the Joint Applicant Support working group of the GNSO, which came up with the rules for the support program, as evidence of this intent.

It says ICANN needs to address the JAS recommendations it ignored in 2012 — something that could time quite some time — and put the .kids auction on hold until then.

Two more new gTLD bids bite the dust

ICANN appears to have formally killed off two new gTLD applications that had asked for subsidized application fees.

The bids for .idn and .ummah both failed to meet the criteria of ICANN’s Applicant Support Program back in March, but were only officially marked as dead over the weekend.

The .ummah application was voluntarily withdrawn by Ummah Digital, while the applicant for .idn (an Indian company called NameShop) unsuccessfully fought the decision.

Nevertheless, NameShop has now been flagged on ICANN’s site with “Did not meet all criteria” for the Applicant Support Program.

We’re taking this as a signal it’s been officially kicked out of the current application round and have updated the DI PRO database accordingly.

As well as failing applicant support, NameShop would have failed the Geographic Names component of its Initial Evaluation because IDN is the reserved three-letter country code for Indonesia.

NameShop had attempted to change its application from .idn to .internet — something that would no doubt have cause a deal of consternation among potential objectors and other applicants.

By flunking the company on the applicant support criteria, ICANN has luckily avoided having to make that difficult call.

Two more gTLD bids kicked out of the program, but .kids gets ICANN funding

Kevin Murphy, March 12, 2013, Domain Services

Two more applications have been rejected from the new gTLD program, after they tried and failed to have their application fees subsidized by ICANN’s Applicant Support Program.

Three gTLDs were submitted for financial assistance, but ICANN’s Support Application Review Panel, delivering its results (pdf) today, decided that only one of them qualified for a cheapo bid.

DotKids Foundation Ltd, which is applying for .kids, is the lucky recipient of $138,000 worth of waived application fees. Its application now enters Initial Evaluation.

The applicants for .ummah (Ummah Digital Ltd) and .idn (NameShop), on the other hand, have been given a refund of the $47,000 application fee they paid and politely shown the door.

ICANN said: “applications that did not meet the threshold criteria for financial assistance will be excluded from further participation in this round of the New gTLD Program”.

That rule was introduced to prevent gaming — companies that asked for cheaper applications risked losing their applications if they failed to meet the requirements for support.

It doesn’t mean there was anything wrong with their gTLD applications, however.

The approval of funding for the DotKids Foundation is goodish news for people uncomfortable with Amazon’s closed gTLD land-grab — the retailer is the only other applicant for .kids.

While the .kids contention set remains, is pretty safe to say that Amazon will be able to utterly crucify its competition if the TLD goes to auction.

At-Large mulls new gTLDs U-turn

Kevin Murphy, December 22, 2011, Domain Policy

In what is likely to turn out to be a storm in a teacup, ICANN’s At-Large Advisory Committee is set to vote on a resolution calling for a delay to the new generic top-level domains program.

The ALAC, ICANN’s policy-making body tasked with representing individual end users, has been discussing a possible update to its position on new gTLDs for the last few days.

A first-draft motion, proposed by vice-chair Evan Leibovitch, said the program “would be harmful to the public interest” and requested that its January 12 launch be “suspended”.

It’s since been watered down twice, and may well be watered down further before (and if) the ALAC considers it at its January 24 monthly meeting.

The resolution currently talks about a “a deep concern about the possible harmful effect on Internet end-users of a single massive expansion of gTLDs”.

It adds that ICANN should “phase-in” the introduction of new gTLDs, “releasing no more than 25 every three months” with about a third coming from poor or community-based applicants.

It appears to be a reaction to ICANN’s newly developed applicant support program, which was weaker than many proponents of the cheaper gTLDs for worthy applicants had hoped.

Even in its current form, the resolution is attracting much more opposition than support from members of the At-Large, so it seems unlikely that it will go anywhere.

To advocate for a phased approach to new gTLDs, or to recommend a delay, would represent a huge U-turn from the ALAC’s existing position.

In 2009, the group said supported “the expedient introduction of new gTLDs” and that it did not believe a “trial run” with a limited number of applications was appropriate.

Still, there’s nothing wrong with changing one’s mind as new evidence comes to light, of course.

ICANN leaves new gTLD batching and support questions hanging

Kevin Murphy, December 13, 2011, Domain Policy

ICANN came closer to answering two very important questions about the new top-level domains application process at its board meeting last Thursday.

While confirming that cheaper application fees will be made available to worthy applicants, and that some sort of batching system will be introduced, ICANN has provided worryingly few details about both systems, just a month before the new gTLD program starts.

Application batching

ICANN is currently expecting over 1,000 new gTLD applications, but it’s said that it only has the capacity to process 500 at a time. It needs a way to fairly create two or more batches.

Commercial applicants obviously want their gTLDs processed and delegated as quickly as possible, so how the batches are created is obviously a critical detail.

Little progress has been made on this issue since Dakar.

A lottery has been ruled out, according to Thursday’s board resolutions, because it would be likely to attract nuisance lawsuits under California gambling law.

If you’ve been following ICANN closely for the last few months, or reading DI, you already knew this.

The board has also said that there will be no benefit to applying early during the January-April application window. We already knew this too.

Instead, as ICANN staff have said before and the board has now approved, there will be a “secondary time stamp … used for purposes of determining the processing order”.

This system has evidently not been finalized yet. Nevertheless, the resolution contains a few hints about how it might work.

First, the TLD Application System will not be used to acquire the stamps, but it may be used to communicate [something] with applicants.

Acquiring a stamp will require “judgment” by applicants. Getting into the first batch will apparently be a skill game, so as to not invite lottery lawsuits.

There will also be some kind of regional allotment system, so that applicants from outside Europe and North America have just as good a chance of getting into the first batch.

Finally, there will be an opt-out mechanism, so applicants with less urgent applications (.brands, perhaps) can choose to be batched later.

It’s not much to go on, but since the process of acquiring a time stamp will not come into play until after April 12, it’s not something applicants need to worry too much about at the moment.

It’s also not yet clear whether positions in the queue will be transferable. A slot in the first batch could be worth something, to some applicants.

Applicant Support

A mechanism for granting reduced fees to “needy” applicants in the developing world has been on the cards for a while. ICANN set aside $2 million in June to fund an Applicant Support program.

On Thursday, its board of directors approved an application fee reduction from $185,000 to $47,000, for “candidates that qualify according to the established criteria”.

While full details of these criteria have not been revealed, the board resolution suggests that “demonstrating need and operating in the public benefit” are the primary factors.

It’s not clear any more that the support program will be limited to applicants in the developing world, as had been recommended by the Joint Applicant Support working group.

The resolution does not mention geography, and senior VP Kurt Pritz suggested at last week’s US Senate hearing into new gTLDs that the YMCA of the USA may qualify for the reduced fee.

It appears that applicants wanting to take advantage of the reduced fee will have to take a bit of risk, however, paying their $47,000 fee up-front on the understanding that they will lose their money and their application if they are subsequently deemed unworthy of support.

Applicants will not find out if they’ve made the cut until November 2012.

ICANN’s $2 million only covers reduced fees for 14 applicants, and it’s not yet clear what would happen if more than 14 candidates qualify and ICANN cannot find third-party funding to support them.

Essentially, it’s looking a bit messy at the moment, and non-profits are only a little closer to understanding what their funding requirements might be today than they were last week.

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