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Amazon’s .amazon gTLD may not be dead just yet

Kevin Murphy, March 11, 2018, Domain Policy

South American governments are discussing whether to reverse their collective objection to Amazon’s .amazon gTLD bid.

A meeting of the Governmental Advisory Committee at ICANN 61 in Puerto Rico yesterday heard that an analysis of Amazon’s proposal to protect sensitive names if it gets .amazon will be passed to governments for approval no later than mid-April.

Brazil’s GAC rep said that a working group of the Amazon Cooperation Treaty Organization is currently carrying out this analysis.

Amazon has offered the eight ACTO countries commitments including the protection of such as “rainforest.amazon” and actively supporting any future government-endorsed bids for .amazonas.

Its offer was apparently sweetened in some unspecified way recently, judging by Brazil’s comments.

ACTO countries, largely Brazil and Peru, currently object to .amazon on the grounds that it’s a clash with the English version of the name for the massive South American rain forest, river and basin region, known locally as Amazonas.

There’s no way to read the tea leaves on which way the governments will lean on Amazon’s latest proposal, and Peru’s GAC rep warned against reading too much into the fact that it’s being considered by the ACTO countries.

“I would like to stress the fact that we are not negotiating right now,” she told the GAC meeting. “We are simply analyzing a proposal… The word ‘progress’ by no means should be interpreted as favorable opinion towards the proposal, or a negative opinion. We are simply analyzing the proposal.”

ICANN’s board of directors has formally asked the GAC to give it more information about its original objection to .amazon, which basically killed off the application a few years ago, by the end of ICANN 61.

Currently, the GAC seems to be planning to say it has nothing to offer, though it may possibly highlight the existence of the ACTO talks, in its formal advice later this week.

A new gTLD kills itself off for the second time

Kevin Murphy, January 18, 2018, Domain Registries

British pharmacy chain Boots has applied to ICANN to terminate its dot-brand contract for the second time.

The company asked for its .boots Registry Agreement, signed in 2015, to be ended in December and ICANN opened the request for public comment this week.

What’s weird about the request is that Boots had already asked for self-termination last April, but that request was subsequently withdrawn by the company.

Boots seems to have changed its mind, twice, in a year.

As I noted first time around, .boots was the first example of a dot-brand that also matches a generic class of goods to chose the easy way out.

It’s quite likely the two-year freeze on re-applying for the string, should anyone want to, will be over by the time the next new gTLD application window opens.

.boots only had the contractually mandated placeholder domain nic.boots live.

Neustar ditches .biz for .neustar

Kevin Murphy, December 4, 2017, Domain Registries

Registry operator Neustar has migrated all of its web sites to its .neustar gTLD, abandoning its original home at .biz.

The company announced today that its main site can now be found at home.neustar. Its old neustar.biz already redirects to the dot-brand domain.

It’s also using domains such as marketing.neustar, security.neustar and risk.neustar to market its various services.

Neustar has been using its dot-brand extensively for years, adding at least 10 new sites this year, but today marks the formal blanket switch away from its old .biz branding.

The gTLD has over 600 names in its zone file, of which about 15 resolved to active .neustar web sites according to the last scan I did. There’s probably more today.

It must have been a bit of a Sophie’s Choice for the company.

Neustar has been using its own .biz ever since it went live with the gTLD over 15 years ago, a case of eating its own dog food when few others would, but it now clearly sees a tastier future in its dot-brand business.

The company acts as the back-end for almost 200 dot-brands already — about a third of those that went live from the 2012 gTLD application round — and seems to be laying the groundwork for a big push in the next round (expected at some point after 2020).

The rebrand should give Neustar some first-hand experience of the challenges current and future clients could face when switching to a dot-brand gTLD.

“We own your name” government tells Amazon in explosive slapdown

Kevin Murphy, October 29, 2017, Domain Policy

Amazon suffered a blistering attack from South American governments over its controversial .amazon gTLD applications this weekend.

A Peruvian official today excoriated Amazon’s latest peace offering, telling the tech giant in no uncertain terms that the word “Amazon” is not its property and demanding an apology for the company’s alleged behavior during recent legal proceedings.

“We will be giving you permission to use a certain word, not the other way around,” she said. “We are the owners of the Amazonian region.”

Speaking for almost 10 minutes during a session at the ICANN 60 meeting in Abu Dhabi this afternoon, Peru’s representative to the Governmental Advisory Committee pulled rank and scolded Amazon like a naughty schoolchild.

She claimed that Amazon had been bad-mouthing Peru by saying former GAC reps had “lied to and manipulated” the rest of the GAC in order to get support for its objection. She then demanded an apology from the company for this.

She was speaking in support of the idea that the string “Amazon” belongs to the people of the Amazonas region, which covers as many as eight South American countries, rather than the American company, despite the fact that none of those countries use the English word to describe the region.

Her remarks drew applause from parts of the audience.

Amazon had showed up at the session — described by two GAC reps later as a “lion’s den” — to offer a “strong, agreed-upon compromise that addresses the needs of the governments”.

The proposed deal would see the GAC drop its objections to .amazon in exchange for certain safeguards.

Amazon is promising to reserve geographically and culturally sensitive words at the second level in .amazon.

The domain rainforest.amazon, its associate general counsel Dana Northcott said by way of example, would be never be used by anyone.

Affected governments would get to negotiate a list of such terms before .amazon went live and there’d be an ongoing consultation process for more such terms to be protected in future.

The company has also promised not to object to — and in fact to actively support with hard resources — any future applications for .amazonas or other local-language variants by the people of the region.

But Peru was not impressed, telling the company that not only is the English version of the name of the region not its property but also that it must show more respect to governments.

“No government is going to accept any impositions from you,” she said, before appealing to fellow GAC members that the issue represents a kind of existential threat.

“The core issue here… is our survival as governments in this pseudo-multi-stakeholder space that has been invented,” she said.

“They want us to believe this is a place where we have dignity but that is increasingly obvious that this is not the case,” she said. “We don’t have it. And that is because of companies like yours… Companies that persist in not respecting the governments and the people they represent.”

The Peruvian GAC rep, listed on the GAC web site as María Milagros Castañon Seoane but addressed only as “Peru” during the session, spoke in Spanish; I’ve been quoting the live interpretation provided by ICANN.

Her remarks, in my opinion, were at least partially an attempt to strengthen her side’s negotiating hand after an Independent Review Process panel this July spanked ICANN for giving too much deference to GAC advice.

The IRP panel decided that ICANN had killed the .amazon applications — in breach of its bylaws — due to a GAC objection that appeared on the face of the public record to be based on little more than governmental whim.

The panel essentially highlighted a clash between ICANN’s bylaws commitments to fairness and transparency and the fact that its New gTLD Applicant Guidebook rules gave the GAC a veto over any application for any reason with no obligation to explain itself.

It told ICANN to reopen the applications for consideration and “make an objective and independent judgment regarding whether there are, in fact, well-founded, merits-based public policy reasons for denying Amazon’s applications”.

That was back in July. Earlier today, the ICANN board of directors in response to the IRP passed a resolution calling for the GAC to explain itself before ICANN 61 in March next year, resolving in part:

Resolved (2017.10.29.02), the Board asks the GAC if it has: (i) any information to provide to the Board as it relates to the “merits-based public policy reasons,” regarding the GAC’s advice that the Amazon applications should not proceed; or (ii) any other new or additional information to provide to the Board regarding the GAC’s advice that the Amazon applications should not proceed.

Other governments speaking today expressed doubt about whether the IRP ruling should have any jurisdiction over such GAC advice.

“It is not for any panelist to decided what is public policy, it is for the governments to decide,” Iran’s Kavouss Arasteh said.

During a later session today the GAC, talking among itself, made little progress in deciding how to formally respond to the ICANN board’s resolution.

A session between the GAC and the ICANN board on Tuesday is expected to be the next time the issue raises its increasingly ugly head.

HTC dumps its dot-brand

Mobile phone manufacturer HTC has become the latest dot-brand operator to get out of the new gTLD game.

The $4.3 billion-a-year Taiwanese firm has told ICANN that it no longer wishes to run .htc as a dot-brand registry and ICANN has signaled its intent to terminate the contract.

It becomes the 27th dot-brand, from the hundreds that have entered contracts over the last few years, to change its mind about owning a vanity gTLD.

Most recently, fast food chain McDonalds and kitchen utensils company Pampered Chef both dumped their respective dot-brands.

Like the previous terminations, HTC never actually did anything with .htc; it only had the contractually mandated nic.htc in its zone file.