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.jobs opponents get to the point

Kevin Murphy, November 11, 2010, Domain Registries

The .JOBS Charter Compliance Coalition has sent off another ream of text to ICANN, spelling out more clearly its objections to Employ Media’s plan to open up the .jobs namespace.

The Coalition wants ICANN to reject the registry’s plan to allocate thousands of premium .jobs domain names to partners including the DirectEmployers Association.

While previous filings danced around the issue, the latest Coalition missive makes it a little clearer what its beef is: it thinks DirectEmployers’ universe.jobs plan is bogus and should be blocked.

The documents were filed as part of an ongoing Reconsideration Request. The Coalition wants ICANN to reverse its decision to approve the .jobs “Phased Allocation Program”.

The program allows Employ Media to allocate “non-companyname” .jobs domains via an RFP process and, later, auctions and regular sales.

But the Coalition thinks it is a smokescreen designed to enable universe.jobs, a planned free jobs board that would be fed traffic from possibly thousands of premium generic domains.

Its objection boils down to the fact that Employ Media seems to be planning to register these premium domains to itself and allow DirectEmployers, which probably would not be a qualified HR registrant under the .Jobs Charter, to “use” them.

As the Coalition puts it:

Employ Media states that it intends to solicit plans under the Program “which may create a self managed class of domains registered in Employ Media’s name.” Presumably, in this “self-managed” scenario, Employ Media would register the domain names itself, and permit third parties to “use” the domains even if those third parties could not register them consistent with the Charter.

What we seem to have here is a case of a registry planning to monetize its premium domains by running them itself, in order to compete with companies that are barred from becoming registrants themselves.

This bothers the Coalition’s members, which all run jobs sites but would not qualify to register premium domains under the .Jobs Charter.

For Reconsideration Requests to be successful, the requester has to show that ICANN’s board did not have all the facts at its disposal, or failed to consider them, when it made its decision.

Having read through the recently published minutes and board briefing materials from the meeting at which the program was approved, the Coalition thinks it now has a stronger case.

Its latest filing accuses ICANN of failing to adequately investigate Employ Media’s claims about its program and of brushing off critics as “a bunch of sore losers that were afraid of a little competition”.

Referring to the universe.jobs plan and the “self-managed” domains, the Coalition wrote:

There is no indication that the ICANN Staff provided the Board with any analysis of this critical issue, or that the Board considered this material issue

It also wonders aloud whether the Board was even aware of the universe.jobs plan when the allocation program was approved back in August.

I may be reading it incorrectly, but it appears that ICANN’s board governance committee, which handles Reconsideration Requests, may be coming around to the Coalition’s way of thinking.

The BGC recently sent Employ Media’s sponsor, the Society For Human Resource Management, a list of questions about the program, including this one:

Did the SHRM PD Council intend to enable the Registry (Employ Media) to register domain names in the .JOBS sTLD for the purpose of allowing third-party job postings on those sites? If so, please explain how this consistent with the .JOBS Charter.

I’ll be interested in reading its response.

Employ Media answers .jobs critics

Kevin Murphy, October 27, 2010, Domain Registries

The .jobs registry has responded to insinuations from its critics that it set out to break its own sponsorship rules with a plan to open up the TLD to generic and geographic domain names.

In a filing with ICANN (pdf), Employ Media denies that its liberalization program would permit people from outside the human resources sector to register domains, in violation of its Charter.

Employ Media categorically rejects such allegations as unfounded speculation, and made solely to delay the launch of the .JOBS Phased Allocation Program.

The program, which would see non-companyname .jobs registrations allowed for the first time, has already been approved, but a Reconsideration Request was filed by the .JOBS Charter Compliance Coalition in an effort to get the decision reversed.

The Coalition is an ad-hoc group of jobs boards that believe Employ Media’s plans could harm their businesses by attracting users of nursingjobs.com (for example) to nursing.jobs.

Employ Media plans to allocate thousands of premium domains such as these to the DirectEmployers Association, in order to feed traffic to a huge free jobs board at universe.jobs.

The Coalition sent ICANN a list of questions for Employ Media, and ICANN followed up last week with 13 of its own questions, all of which seem to dance around the issue of whether this was kosher.

The registry’s responses, published by ICANN a couple of days ago (and subsequently disappeared), basically deny that it has done anything that would allow non-Charter registrants into its TLD.

It also seeks to put distance between itself and DirectEmployers:

At the time of the 5 August 2010 Board action [approving the program], Employ Media did NOT have any intention of registering names under the Phased Allocation Plan to any entity other than Employ Media.

That appears to be a roundabout way of describing its original plan to register all the premium names to itself, but to allow DirectEmployers to use them, basically hacking its own registry contract.

Universe.jobs, for example, is registered in Employ Media’s own name, but appears to be primarily operated by DirectEmployers (blog posts from Employ Media executives notwithstanding).

Native American domain gives .jobs critics ammo

Kevin Murphy, October 22, 2010, Domain Registries

The coalition of companies opposed to the expansion of the .jobs top-level domain seems to think it has found a ‘gotcha’ in the recent registration of nativeamerican.jobs.

The domain leads to a site listing jobs that are identified, for whatever reason, as being particularly suitable for Native Americans. It’s based on an earlier site at ndianjobs.com

The .jobs TLD was originally intended to allow human resources departments to list their corporate job openings using only their own company name or brand in the domain.

The .JOBS Charter Compliance Coalition, made up of a number of jobs portals including Monster.com, now points to nativeamerican.jobs as an example of .jobs registry Employ Media breaking its charter commitments.

The Coalition wrote to ICANN yesterday in support of its effort to get ICANN to overturn its recent decision on .jobs liberalization.

In August, ICANN told the registry that it could start accepting non-company-name .jobs registrations through a “phased allocation process” that involves an RFP and possibly auctions.

But the Coalition contends that the amended registry contract does not allow Employ Media to break its Charter commitment to restrict registrations to purely human resources registrants.

It could not be clearer that Employ Media is using the Board’s approval of the Phased Allocation Program to transform the fundamental nature of the .JOBS sponsored top level domain from a site for employers to link directly with job seekers to a generic employment services theme park – in clear violation of the .JOBS charter, and without the smallest consideration of third party rights.

These “third-party rights” include the owner of nativeamericanjobs.com, who presumably did not have the chance to register the contested domain.

It’s not clear whether the Coalition statement is entirely correct, however.

Judging from Whois records, the domain nativeamerican.jobs was registered in May, prior to ICANN’s board approving the .jobs registry contract changes.

It was certainly registered prior to the closure of the initial RFP stage of Employ Media’s phased allocation program.

The Coalition has a Reconsideration Request pending. ICANN earlier this week asked Employ Media to respond to 13 questions about its plans.

ICANN asks .jobs registry to explain itself

Kevin Murphy, October 20, 2010, Domain Registries

ICANN has asked .jobs registry manager Employ Media to clarify its plan to lift restrictions on who can register names in its top-level domain.

The ICANN board committee which handles Reconsideration Requests – essentially ICANN’s first-stop appeals court – has sent the registry a list of 13 questions (pdf), apparently distilled from a much longer list (pdf) supplied by the .JOBS Charter Compliance Coalition.

Employ Media wants to be able to start allocating premium generic .jobs domain names to companies via an RFP process and possibly auctions, dropping the rule which states that only companyname.jobs domains are permitted in the TLD.

ICANN’s board of directors approved the company’s plan in August, and Employ Media opened its RFP process shortly thereafter. Then the Compliance Coalition filed its Reconsideration Request.

This ad-hoc coalition comprises a number of employment web sites, such as Monster.com, and the Newspapers Association of America, which believe Employ Media’s plans fall outside its remit and could pose a competitive threat.

It’s common knowledge that the registry was planning to allocate a big chunk of premium real estate to the DirectEmployers Association, which wants to run a massive jobs board called universe.jobs, fed traffic by thousands of generic industry or geographic .jobs names.

Essentially, the Coalition’s questions, echoed by the Board Governance Committee, seem to be a roundabout way of asking whether this violates the .JOBS Charter, which limits the registrant base to corporate human resources departments.

Notably, the BGC wants to know when a universe.jobs promotional white paper (pdf) was produced, how much input Employ Media had in it, and whether the ICANN board got to see it before making its decision.

(A bit of a ludicrous question really, given that the BGC is comprised of four ICANN directors)

It also wants to know which purported “independent job site operators” have welcomed the Employ Media plan (a situation reminiscent of the recent unsuccessful calls for ICM Registry to disclose its .xxx supporters.)

The BGC’s Question 9 also strikes me as interesting, given that it does not appear to be inspired directly by the Coalition’s list of questions:

Please state whether Employ Media took any steps to prevent or interfere with any entity or person’s ability to state its position, or provide information, to the Board regarding amendment of the .JOBS Registry Agreement before or during the 5 August 2010 Board meeting.

I’m now beginning to wonder whether we may see a rare reversal of an ICANN board decision based on a Reconsideration Request.

ICANN to reconsider .jobs auction deal

Kevin Murphy, September 21, 2010, Domain Registries

ICANN will take a second look at its decision to allow the .jobs registry to allocate premium domain names to its partners, following an outcry from jobs boards including Monster.com.

The Board Governance Committee posted a brief note yesterday confirming that it will process the Reconsideration Request filed by the .JOBS Charter Compliance Coalition a month earlier.

This does not mean that the .jobs decision will be reversed. The BGC has the power to make recommendations to the ICANN board, which the board is free to accept or reject.

The Coalition is annoyed that ICANN has given Employ Media, the .jobs registry, a carte blanche to allocate premium dictionary and geographic domain names via an RFP process.

Many expect the registry to allocate substantial chunks of real estate to the DirectEmployers Association, under previously announced plans to create a free listings site at universe.jobs.

Under ICANN bylaws, the BGC now has 90 days to reach a decision.

The deadline for submissions in response to Employ Media’s RFP is this Friday.