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L’Oreal is using “closed generic” .makeup in an interesting way

Kevin Murphy, September 18, 2017, Domain Registries

What do you call a registry that defensively registers names on behalf of the very people that would be its most likely customers if the TLD weren’t so hideously overpriced?

L’Oreal, apparently.

About half of its .makeup new gTLD comprises the names or nicknames of social media “influencers” in the make-up scene, and they all seem to belong to the registry.

Ironically, these are precisely the kind of people you’d expect to actually go out and register .makeup domains, if they didn’t cost close to $7,000 a pop.

L’Oreal put a $5,500 wholesale price-tag on .makeup domains, evidently as a Plan B to avoid actually having to sell names to people, after its original plan to keep the string as a “closed generic” failed due to ICANN politicking.

As you might expect, uptake has been minimal. The zone file currently has about 266 domains in it.

Beyond L’Oreal itself, there are defensive registrations by companies not remotely related to the make-up industry, such as BMW and Intuit, and registrations by competing companies in the cosmetics industry, such as Christian Dior and Estee Lauder.

But there are also something like 150 .makeup domains that were all registered at the same time, this April, representing the names and social media handles of young women who post YouTube videos about makeup for their often thousands of subscribers.

It turns out these women are all participants (willing, it seems) in WeLove.Makeup, a web site created by L’Oreal to promote its products.

The site is basically a social media aggregator. Each “influencer” has their own page, populated by their posts from YouTube, Instagram, Twitter, and such. It’s maintained by Findie, which specializes in that kind of thing.

The domains matching the participants names do not resolve to the site, however. They’re all registered to L’Oreal’s registry management partner Fairwinds and resolve to ad-free registrar parking pages.

The names were registered via 101Domain, which prices .makeup names at $6,999, but I’ve no idea what payment arrangement Fairwinds/L’Oreal has for this kind of thing.

This is what a wannabe closed generic can look like, it seems — the registry pricing its customers out of the market then registering their names on their behalf anyway.

Is this “innovation”?

Will ICANN punt on .amazon again?

Kevin Murphy, September 15, 2017, Domain Policy

Amazon is piling pressure onto ICANN to finally approve its five-year-old gTLD applications for .amazon, but it seems to me the e-commerce giant will have a while to wait yet.

The company sent a letter to ICANN leadership this week calling on it to act quickly on the July ruling of an Independent Review Process panel that found ICANN had breached its own bylaws when it rejected the .amazon and and Chinese and Japanese transliterations.

Amazon’s letter said:

Such action is necessary because there is no sovereign right under international or national law to the name “Amazon,” because there are no well-founded and substantiated public policy reasons to block our Applications, because we are committed to using the TLDs in a respectful manner, and because the Board should respect the IRP accountability mechanism.

ICANN had denied the three applications based on nothing more than the consensus advice of its Governmental Advisory Committee, which had been swayed by the arguments of primarily Brazil and Peru that there were public policy reasons to keep the gTLD available for possible future use by its own peoples.

The string “Amazon”, among its many uses, is of course the name of a river and a rain forest that covers much of the South American continent.

But the IRP panel decided that the ICANN board should have at least required the GAC to explain its public policy arguments, rather than just accepting its advice as a mandate from on-high.

Global Domains Division chief Akram Atallah had testified before the panel that consensus GAC advice sets a bar “too high for the Board to say no.”

But the governmental objections “do not appear to be based on well-founded public policy concerns that justify the denial of the applications” the IRP panelists wrote.

The panel, in a 2-to-1 ruling, instructed ICANN to reopen Amazon’s applications.

Since the July ruling, ICANN’s board has not discussed how to proceed, but it seems likely that the matter will come up at its Montevideo, Uruguay retreat later this month.

No agenda for this meeting has yet been published, but there will be an unprecedented public webcast of the full formal board meeting, September 23.

The Amazon letter specifically asks the ICANN board of directors to not refer the .amazon matter back to the GAC for further advice, but I think that’s probably the most likely outcome.

I say this largely because while ICANN’s bylaws specifically allow it to reject GAC advice, it has cravenly avoided such a confrontation for most of its history.

It has on occasion even willfully misinterpreted GAC advice in order to appear that it has accepted it when it has not.

The GAC, compliantly, regularly provides pieces of advice that its leaders have acknowledged are deliberately vague and open to interpretation (for a reason best known to the politicians themselves).

It seems to me the most likely next step in the .amazon case is for the board to ask the GAC to reaffirm or reconsider its objection, giving the committee the chance to save face — and avoid a lengthy mediation process — by providing the board with something less than a consensus objection.

If ICANN were to do this, my feeling is that the GAC at large would probably be minded to stick to its guns.

But it only takes one government to voice opposition to advice for it to lose its “consensus” status, making it politically much easier for ICANN to ignore.

Hypothetically, the US government could return to its somewhat protectionist pre-2014 position of blocking consensus on .amazon, but that might risk fanning the flames of anti-US sentiment.

While the US no longer has its unique role in overseeing ICANN’s IANA function, it still acts as the jurisdictional overlord for the legal organization, which some other governments still hate.

A less confrontational approach might be to abstain and to allow friendly third-party governments to roadblock consensus, perhaps by emphasizing the importance of ICANN being seen to accountable in the post-transition world.

Anyway, this is just my gut premonition on how this could play out, based on the track records of ICANN and the GAC.

If ICANN can be relied on for anything, it’s to never make a decision on something today if it can be put off until tomorrow.

Pilot program for Whois killer launches

Kevin Murphy, September 7, 2017, Domain Tech

ICANN is to oversee a set of pilot programs for RDAP, the protocol expected to eventually replace Whois.

Registration Data Access Protocol, an IETF standard since 2015, fills the same function as Whois, but it is more structured and enables access control rules.

ICANN said this week that it has launched the pilot in response to a request last month from the Registries Stakeholder Group and Registrars Stakeholder Group. It said on its web site:

The goal of this pilot program is to develop a baseline profile (or profiles) to guide implementation, establish an implementation target date, and develop a plan for the implementation of a production RDAP service.

Participation will be voluntary by registries and registrars. It appears that ICANN is merely coordinating the program, which will see registrars and registrars offer their own individual pilots.

So far, no registries or registrars have notified ICANN of their own pilots, but the program is just a few days old.

It is expected that the pilots will allow registrars and registries to experiment with different types of profiles (how the data is presented) and extensions before ICANN settles on a standard, contractually enforced format.

Under RDAP, ICANN/IANA acts as a “bootstrapping” service, maintaining a list of RDAP servers and making it easier to discover which entity is authoritative for which domain name.

RDAP is basically Whois, but it’s based on HTTP/S and JSON, making it easier to for software to parse and easier to compare records between TLDs and registrars.

It also allows non-Latin scripts to be more easily used, allowing internationalized registration data.

Perhaps most controversially, it is also expected to allow differentiated access control.

This means in future, depending on what policies the ICANN community puts in place, millions of current Whois users could find themselves with access to fewer data elements than they do today.

The ICANN pilot will run until July 31, 2018.

Deutsch and Doria to join ICANN board

Kevin Murphy, September 4, 2017, Domain Policy

Veteran ICANN community members Avri Doria and Sarah Deutsch are to join ICANN’s board of directors in November.

Both have been selected by ICANN’s Nominating Committee to serve three-year terms starting at the end of the public meeting in Abu Dhabi, which wraps up November 3.

They replace current chair Steve Crocker, who is leaving after his maximum three terms on the board, and Asha Hemrajani, who is leaving after one term. Both take seats reserved for North Americans.

Doria, an independent consultant, is a 12-year member of the community and tireless working group volunteer, most closely associated with the Non-Commercial Users Constituency. Her clients include Public Interest Registry.

Deutsch is an intellectual property attorney perhaps best known as a 23-year employee of Verizon. She currently works at Mayer Brown in Washington DC.

Both new directors have been knocking about ICANN for ages in various leadership positions.

This contrasts with previous years, in which NomCom has gone outside of the community for board expertise.

NomCom also selected new members of the ccNSO, GNSO and ALAC, listed here.

After slow launch, .africa looks to add hundreds of resellers

Kevin Murphy, September 1, 2017, Domain Registrars

ZA Central Registry is opening up .africa and its South African city gTLDs to potentially hundreds of new registrars via a new proxy program.

The company today announced that its new registrar AF Proxy Services has received ICANN accreditation, which should open up .africa, .joburg, .capetown and .durban to its existing .za channel.

ZACR is the ccTLD registry for South Africa and as such it already has almost 500 partners accredited to sell .za names. But most of these resellers are not also ICANN accredited, so they cannot sell gTLD domains.

The AF Proxy service is intended to give these existing resellers the ability to sell ZACR’s four gTLDs without having to seek out an ICANN accreditation themselves.

“Effectively, all users of the AF Proxy service become resellers of the Proxy Registrar which is an elegant technical solution aimed at boosting new gTLD domain name registrations,” ZACR CEO Lucky Masilela said in a press release.

While reseller networks are of course a staple of the industry and registries acting as retail registrars is fairly common nowadays, this new ZACR business model is unusual.

According to ZACR’s web site, it has 489 accredited .za registrars active today, with 52 more in testing and a whopping 792 more in the application process.

Depending on uptake of the proxy service, that could bring the number of potential .africa resellers to over 1,300.

And they’re probably needed.

The .africa gTLD went into general availability in July — after five years of expensive legal and quasi-legal challenges from rival applicant DotConnectAfrica — but has so far managed to put just 8,600 names in its zone file.

That’s no doubt disappointing for TLD serving a population of 1.2 billion and which had been expected to see substantial domain investor activity from overseas, particularly China.