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Demand Media slates GAC’s new gTLDs demands

Kevin Murphy, May 9, 2013, Domain Policy

Demand Media has become the first new gTLD applicant to put its head above the parapet and tell ICANN that its latest batch of Governmental Advisory Committee advice is unworkable.

While its comment on the GAC’s Beijing communique is very diplomatically worded, it’s obvious that Demand reckons most of the “safeguard” advice it contains would be difficult, if not impossible, to implement.

The company has urged ICANN to refuse to adopt the advice, saying:

the spirit and actual letter of the GAC Advice related to these additional safeguards comes in a manner and form that is completely antithetical and contrary to ICANN’s bottom-up, multi-stakeholder, consensus-driven policy development process. Because the proposed safeguards, if implemented, would effectively change how new gTLDs are managed, sold, distributed, registered, operated, and used in the marketplace, the GAC Advice is tantamount to making “top-down,” dictatorial, non-consensus, policy which undermines the entire ICANN model. If ICANN chose to adopt any one of these three safeguards, ICANN itself would lose all legitimacy.

Demand seems to agree with many of the points raised in this DI post from a few weeks ago related to the GAC’s demand that hundreds of new gTLD registries should compel their registrants to stick to data security standards when they handle sensitive financial or healthcare data.

The GAC’s advice is extremely broad here and pays scant attention to the innumerable implementation questions raised. As such, Demand says in its comment (filed by applying subsidiary United TLD Holdco):

United TLD believes applicable laws and recognized industry standards should be developed and implemented by appropriate legislative, law enforcement and industry expert bodies and should not be developed by the registry operator.

It also takes issue with the GAC’s demand for registry operators to “establish a working relationship with the relevant regulatory body including developing a strategy to mitigate abuse.”

The company points out that many TLDs listed in the Beijing communique will have multiple uses, and even if there is a regulatory body for a subsection of registrants, it may not cover all.

For example, should a software engineer (an unregulated profession) have to agree to abide by rules developed for civil engineers when they register a .engineer domain name?

it would be inappropriate, and impossible, to find a “relevant regulatory body” with whom to establish a relationship related to the use of .ENGINEER. Additionally, what if the relevant regulatory body simply declined to work with a registry operator or does not respond to requests for collaboration?

The Demand comment is full of examples of problems such as this.

In broader terms, however, the registrar and applicant is utterly opposed to the GAC’s insistence that “certain” unspecified gTLDs representing regulated sectors should be forced, in effect, to transform into tightly restricted sponsored gTLDs.

The GAC wants these applicants to forge tight links with regulatory and self-regulatory bodies and vet each registrant’s credentials before allowing domains to be registered.

Demand said:

applicants, including United TLD, submitted their new gTLD applications believing that that they would be operating, managing and distributing generic TLDs. These three Safeguards completely change the nature of the new TLDs from being generic and widely available, to being “sponsored” TLDs restricted only to those individuals who must prove their status or credentials entitling them to register domain names with certain extensions. These three Safeguards are patently adverse to the core purpose of the new gTLD program and ICANN’s mission generally which is to promote consumer choice and competition.

While Demand is the first application to slam the GAC advice as a whole (a few others have submitted preliminary comments on specific subsets of advice), I’m certain it won’t be the last.

That said, .secure applicant Artemis Internet submitted what is possibly the most amusing example of “sucking up” I’ve ever seen in an ICANN public comment period.

The company actually requests to be added to the list of strings covered by the GAC advice on the grounds that its application was so gosh-darn wonderful it already planned to do all that stuff anyway.

I expect, by the time the comment period closes next Tuesday the prevailing mood from applicants will be more Demand and less Artemis.

Three more registrars get breach notices

ICANN has told three registrars that they’re in breach of their contracts and risk losing their accreditations.

Two of the companies in receipt of breach notices this week — Internet Solutions and DomainSnap — have no gTLD domains under management, but the other, Aregentinian registrar Dattatec, has over 90,000, making it the 112th-largest registrar.

The former two have simply not paid their fees, according to ICANN.

Dattatec, meanwhile, also stands accused of not adequately responding to Whois accuracy complaints on a handful of distinctly spammy-looking domain names in its care.

All three have been given until almost the end of the month to sort out the problems or face the possibility of termination.

KSRegistry takes over .gd but questions remain about two other hijacked ccTLDs

KSRegistry has been appointed the new registry operator for Grenada’s ccTLD after bad management at the previous operator led to the whole TLD being hijacked.

But the fate of two other hijacked ccTLDs — .tc and .vg — appears to be less certain, with significant confusion over who’s in charge at both.

One of them, at least, may still be “hijacked”.

But KSRegistry, part of the KeyDrive group, said today that it took over the technical management of .gd from AdamsNames (Amaryllis Investments Ltd) on May 1.

While a press release describes the change as a “redelegation” by ICANN’s IANA function, in fact it’s just a change of technical contact in the IANA database.

Grenada’s National Telecommunications Regulatory Commission remains the official, delegated manager of the TLD.

The hasty switch-over follows the alleged wholesale hijacking of the ccTLD by a disgruntled former employee of AdamsNames, who temporarily relocated it from the UK to Turkey.

The TLD, along with .tc and .vg, went AWOL in March after one Ertan Ulutas apparently took over the domain AdamsNames.net, the web site which was used by registrants to manage their names.

For a couple of weeks the site remained in the hands of the alleged hijacker, and all the while the AdamsNames.net site presented itself as the official registry manager.

KSRegistry was at the time the appointed back-end provider, appointed last year, for AdamsNames.

Due to the period of confusion, KSRegistry said today that the integrity of registration data in .gd may have been compromised, and that the zone will be “frozen” until May 21.

KSRegistry said in a statement:

While the .GD zone is frozen, no registrations, modifications, transfers, deletions or renewals can be made until the zone file has been fully reviewed and confirmed as valid and complete. Expired domains which are still in the zone can explicit be set to be either deleted or renewed prior to the reactivation of automated domain deletion function on May 21. Contact and nameserver updates can be done by each registrar for the domain names in its portfolio once the ServerUpdateProhibited status is removed. The NTRC and the KSregistry GmbH intend to resolve the discrepancies in the registration data with the .GD accredited registrars until May 21, 2013.

Getting rid of AdamsNames seems like a smart move by Grenada.

While AdamsNames has not been accused of any wrongdoing, allowing its TLDs to get hijacked, putting many thousands of domains at risk, certainly smacks of incompetence.

And the current status of .tc and .vg is unclear enough that I’d advise extreme caution when doing business with either TLD until further notice.

According to IANA records, .vg (British Virgin Islands) still has AdamsNames listed as the technical manager, but there have been significant, dodgy-looking changes at .tc recently.

Notably, references to AdamsNames as technical contact and official registration site for the ccTLD have been removed and replaced with those for a couple of new companies.

TLD AS (based in Turkey) and Meridian TLD (based in the British Virgin Islands) have been named as technical contact and registration site for .tc respectively.

Also, a name server for .tc that was operated by RIPE (a respectable organization), was also removed and replaced with one from zone.tc, a domain controlled by Meridian TLD, in early April.

All the name servers for .tc, and all but one of the name servers for .vg, are now on domains controlled by Meridian.

On the face of it, it looks almost legit. Meridian’s web site even states that its representatives were at the ICANN meeting in Beijing a month ago.

But according to AdamsNames, Meridian is actually run by Ulutas (the alleged hijacker) and at least two other people, and the two other people showed up in Beijing pretending to represent AdamsNames.

AdamsNames said on its web site:

We have to state frank and clear that neither Ayse Ergen nor her companion are authorised to represent or to act on behalf of AdamsNames Limited. By posing as employees of AdamsNames, the group of criminals around Ertan Ulutas, newly also known as “Meridian TLD Corp.”, continues its efforts to hijack the business of AdamsNames (run since 1999) by underhand means.

ICANN/IANA, according to AdamsNames, was aware of its complaints about Meridian from late March, which was before it made the changes that gave Meridian effective control over .tc.

Right now, it looks disturbingly like the alleged “hijacker” has actually managed to not only take over operations for at least one entire ccTLD but also to make it official.

See all new gTLD Initial Evaluation scores in one place

Today, we’ve launched a new search tool that enables you to easily view, search and sort new gTLD program Initial Evaluation scores from a single page.

The tool, available to DI PRO users here, is designed for those who desire a little more granular data on IE results than currently displayed on the New gTLD Application Tracker.

Users can see financial, technical and total evaluation scores for each application that has been processed through IE (currently 244 applications) in the same sortable table.

Results can be filtered by string, applicant (or portfolio parent) and back-end registry services provider.

Initial Evaluation scores

New scores will be added every Friday night (or Saturday morning, depending on the timing of ICANN’s results publication) until Initial Evaluation ends.

ICANN passes 31 more new gTLD bids

Another 31 new gTLD applications have passed Initial Evaluation in ICANN’s weekly batch of results.

The applied-for strings receiving passing grades are:

.gay, .statebank, .tkmaxx, .school, .app, .thai, .site, .democrat, .holdings, .room, .equipment, .alipay, .merck, .fls, .fire. .cloud, .rugby, .now, .news, .mtn, .bike, .estate, .auto, .gripe, .naspers, .deal, .xbox, .cars, .virgin, .insurance, and .art

There are now a total of 244 applications with passing scores on IE, and only one that did not pass. The highest priority number application to have its results published is 300.

According to the DI PRO New gTLD Application Tracker, which has been updated with the latest results, 179 of the passing applications are uncontested, and 142 of those have no Governmental Advisory Committee worries and no objections.