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Santa Claus shows up to ICANN new gTLD raffle

Kevin Murphy, December 17, 2012, Gossip

ICANN’s New gTLD Prioritization Draw has an unexpected visitor.

Santa Claus himself has showed up, apparently as a representative of Uniregistry’s uncontested bid for .christmas.

Santa

Here he is fraternizing in the lobby of the LA airport Hilton with ARI Registry Services CEO Adrian Kinderis.

And here he is with ICANN CEO Fadi Chehade.

Santa

The surprise* guest is believed to be responsible for all the sherry missing from ICANN media chief Brad White’s mini-bar.

The Draw kicks off at 1pm California time (9pm UTC) today and is expected to last at least eight hours.

*It may not have been a total surprise, given that Santa appears to have sensibly preregistered for the event.

Another deadline missed in registrar contract talks

Kevin Murphy, December 16, 2012, Domain Registrars

ICANN and domain name registrars will fail to agree on a new Registrar Accreditation Agreement by the end of the year, ICANN has admitted.

In a statement Friday, ICANN said that it will likely miss its end-of-year target for completing the RAA talks:

While the registrars and ICANN explored potential dates for negotiation in December 2012, both sides have agreed that between holidays, difficult travel schedules and the ICANN Prioritization Draw for New gTLDs, a December meeting is not feasible. Therefore, negotiations will resume in January 2013, and the anticipated date for publication of a draft RAA for community comment will be announced in January as well.

The sticking point appears to still be the recommendations for strengthening registrars’ Whois accuracy commitments, as requested by law enforcement agencies and governments.

At the Toronto meeting in October, progress appeared to have been made on all 12 of the LEA recommendations, but the nitty-gritty of the Whois verification asks had yet to be ironed out.

Potentially confusing matters, ICANN has launched a parallel root-and-branch Whois policy reform initiative, a community process which may come to starkly different conclusions to the RAA talks.

Before the LEA issues are settled, ICANN doesn’t want to start dealing with requests for RAA changes from the registrars themselves, which include items such as dumping their “burdensome” port 43 Whois obligations for gTLD registries that have thick Whois databases.

ICANN said Friday:

Both ICANN and the registrars have additional proposed changes which have not yet been negotiated. As previously discussed, it has been ICANN’s position that the negotiations on key topics within the law enforcement recommendations need to come to resolution prior to concluding negotiations on these additional areas.

Registrars agreed under duress to start renegotiating the RAA following a public berating from the Governmental Advisory Committee at the ICANN Dakar meeting October 2011.

At the time, the law enforcement demands had already been in play for two years with no substantial progress. Following Dakar, ICANN and the registrars said they planned to have a new RAA ready by March 2012.

Judging by the latest update, it seems quite likely that the new RAA will be a full year late.

ICANN has targeted the Beijing meeting in April next year for approval of the RAA. It’s one of the 12 targets Chehade set himself following Toronto.

Given that the draft agreement will need a 42-day public comment period first, talks are going to have to conclude before the end of February if there’s any hope of hitting that deadline.

ICANN drops .jobs shut-down threat

Kevin Murphy, December 14, 2012, Domain Registries

ICANN has withdrawn its breach notice against .jobs registry Employ Media, opening the floodgates for third-party job listings services in the gTLD.

In a letter sent to the company earlier this week, ICANN seems to imply that it was wrong when it threatened in February 2011 to shut down .jobs for breaking the terms of its registry agreement:

ICANN has concluded that Employ Media is not currently in breach, but is instead in good standing under the Registry Agreement, with respect to the issues raised in the 27 February 2011 Notice of Breach letter.

ICANN will not seek to impose restrictions on new or existing policy initiatives within .JOBS as long as such conduct is consistent with the .JOBS Charter and the terms of the Registry Agreement.

The surprising move presumably means that Employ Media will be dropping its Independent Review Panel proceeding against ICANN, which was due to start in-person hearings next month.

The original breach notice alleged that the registry had gone too far when it sold thousands of generic domain names to the DirectEmployers Association to use for jobs listings sites.

This .Jobs Universe project saw DirectEmployers launch sites such as newyork.jobs and nursing.jobs.

The project was criticized harshly by the .JOBS Charter Compliance Coalition, an ad hoc group of jobs sites including Monster.com, which lobbied ICANN to enforce the .jobs contract.

The .jobs gTLD was originally supposed to be for companies to advertise only their own job openings.

The reasoning behind ICANN’s change of heart now is a little fuzzy.

Ostensibly, it’s because it received a letter December 3 from the Society for Human Resources Management, Employ Media’s policy-setting “sponsoring organization”.

The letter states that all of DirectEmployers’ domain names are perfectly okay registrations — “being used consistently with the terms of the .JOBS Charter” — and have been since the .Jobs Universe project started.

The domain names were all registered by DirectEmployers executive William Warren, who is a SHRM member as required by .jobs policy, the letter states.

Nothing seems to have changed here — it’s been Employ Media and SHRM’s position all along that the registrations were legit.

So did ICANN merely sense defeat in the IRP case and get cold feet?

Read the letters here.

Chehade kicks off massive Whois review

Kevin Murphy, December 14, 2012, Domain Policy

ICANN has started the ball rolling on its potentially radical rethink of how Whois works with formation of a new “Expert Working Group” tasked with examining the issue.

As ICANN chair Steve Crocker told DI last month, this is the first stage of a root-and-branch reexamination of Whois databases, what they’re for, and how they’re accessed.

According to ICANN, which is referring to Whois as “gTLD registration data” presumably to avoid confusion with the Whois technical standard, the group will:

1) define the purpose of collecting and maintaining gTLD registration data, and consider how to safeguard the data, and

2) provide a proposed model for managing gTLD directory services that addresses related data accuracy and access issues, while taking into account safeguards for protecting data.

Whatever the new Expert Working Group on gTLD Directory Services comes up with between January and April next year will be punted to the Generic Names Supporting Organization for an ICANN board-mandated Policy Development Process.

The PDP could create policies binding on gTLD registries and registrars.

Jean-Francois Baril has been hand-picked to chair the group. He has no connection to the domain name industry but appears to have worked with ICANN CEO Fadi Chehade on the RosettaNet standards-setting project.

Crocker and fellow ICANN director Chris Disspain will also join the group.

ICANN wants volunteers to fill the other positions and it seems to be eager to find outsiders who do not already represent entrenched ICANN constituency positions, saying:

Volunteer working group members should: have significant operational knowledge and experience with WHOIS, registrant data, or directory services; be open to new ideas and willing to forge consensus; be able to think strategically and navigate conflicting views; have a record of fostering improvements and delivering results; have a desire to create a new model for gTLD directory services; and be able to volunteer approximately 12-20 hours a month during January – April 2013 to the working group.

Individuals who have worked extensively in the areas of registration data collection, access, accuracy, use, privacy, security, law enforcement, and standards and protocols are also encouraged to consider working group membership. As the working group will be a collection of experts, it is not expected to be comprised solely of representatives of current ICANN community interests. Although members may not come directly from ICANN structures, the working group will have a deep understanding of, and concern for, the ICANN communities’ interests.

Obviously law enforcement and intellectual property interests will be keen to make sure they’re amply represented in the group, as will registries/registrars and privacy advocates.

Seven new gTLD applications withdrawn, two after GAC Early Warnings

Kevin Murphy, December 14, 2012, Domain Registries

Seven more new gTLD applications have been officially withdrawn from the ICANN evaluation process, two of which were recently hit with governmental warnings, bringing the total to 13.

The applications yanked since DI’s last update are:

.ansons (CBM Creative Brands Marken GmbH)
.caremore (WellPoint, Inc)
.glean (Lifestyle Domain Holdings, Inc)
.gmbh (GMBH Registry, LLC)
.hilton (HLT Stakis IP Limited)
.skolkovo (Fund for Development of the Center for Elaboration and Commercialization of New Technologies)
.swiss (Swiss International Air Lines Ltd)

The withdrawal of .swiss means that a contention set is now no longer a contention set.

The other .swiss applicant is the Swiss government itself, which filed a Governmental Advisory Committee Early Warning against its rival last month and is now pretty much guaranteed a win.

The latest withdrawals also thin the field for .gmbh, reducing the number of applicants from six to five.

All of the .gmbh applications received GAC Early Warnings from Germany. The country is concerned that only legal GmbH entities — equivalent to “Ltd” or “LLC” companies — should be able to own these domains.

The .hilton, .glean, .ansons, and .caremore applications were all dot-brands.

So, to an extent, was .skolkovo. Skolkovo is an emerging high-technology campus outside of Moscow with big intentions to become the Russian Silicon Valley. It’s not known why its bid was pulled.