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Will ICANN drop anti-terror rule from new TLD process?

Kevin Murphy, July 19, 2010, Domain Policy

ICANN has been chastised for prohibiting terrorists from applying for new top-level domains. Really.

Abdulaziz Al-Zoman of SaudiNIC has written to the organization to worry about the fact that “terrorism” has been added to the list of forbidden activities for new TLD applicants.

The word made its first appearance in version four of the Draft Applicant Guidebook, and was harshly criticized during the ICANN board’s public forum in Brussels last month.

Al-Zoman is primarily concerned that there is no definition of “terrorism” in the DAG.

While the international community is extensibly [sic] divided on who is a terrorist and who is a freedom fighter, and notwithstanding ICANN’s lack of definition whatsoever in the DAG 4 on terrorism, it is a surprise to me to see ICANN involving itself in the area of terrorism while its mandate is only being a global technical coordinator.

He has a point, of course.

Hamas is the probably the best example today: an elected government with a paramilitary wing, classified as a terrorist organization by the US and UK, among others.

In the old days, we could have used the IRA as an example: a bunch of extremists blowing up English pubs, backed by American money.

During the public comment forum in Brussels, ICANN’s Kurt Pritz gave every indication that the word “terrorism” will be yanked or defined in the next DAG. From the transcript:

I agree with you that certain terms, and especially that one that is so sensitive, either requires — it should be removed or it should be — you know, it should have additional definition.

He was responding to a somewhat hyperbolic statement from Khaled Fattal, CEO of the Multilingual Internet Names Consortium, which is worth quoting (again from the transcript).

For ICANN to invoke the term “terrorism” in this arbitrary manner threatens ICANN’s ability to effectively undertake its mandate of being the global technical coordinator of the Internet. It would also challenge its legitimacy as a global public service provider in the eyes of the international community if it continues on this path, but most importantly, alienate many of the international community.

Moreover, it raises many concerns as to whether ICANN is succeeding at truly internationalizing itself.

Furthermore, the arbitrary inclusion of terrorism as a measuring stick without any internationally recognized law or standard is wrong and if acted upon it can be understood or seen by Muslims and Arabs as racist and profiling.

Strong stuff.

Now, ICANN’s painted itself into a bit of a corner. To placate its critics, it can either adopt a definition of terrorism, or it can drop the word entirely.

The former idea is probably unworkable – Wikipedia’s attempt to define “terrorism” under international law is over 4,500 words – and the latter could lead to interesting headlines.

ICANN GIVES THUMBS UP TO TERROR DOMAINS

I think I’ll leave that one for Fox.

Chinese TLDs now live, broad adoption achieved in just seven days

Check it out: 教育部。中国.

That’s one, but by no means the only, of the first live, fully Chinese-script domain names. It’s China’s Ministry of Education.

Previously, it had been announced that the .中国 internationalized country-code TLD would not go live until August.

But on Friday CNNIC said that 90% of China’s ministries have got their .中國 domains already, along with 95% of news websites, 90% of universities and 40% of China’s Top 500 enterprises.

Not only was that level of adoption achieved very quietly, it was also achieved very quickly. According to IANA, .中國 was delegated just seven days earlier, on July 9.

IANA also reports that .中國, the IDN for Hong Kong went live on July 12. Taiwan’s .中國 was delegated on July 14.

All of these Chinese-script TLDs were approved by ICANN’s board at the conclusion of the Brussels meeting last month.

It’s perhaps not surprising that ICANN did not broadly announce the latest delegations. It got burnt for pre-empting Arab nations’ publicity when the first IDN TLDs went live in May.

I wonder whether this will help CNNIC reverse the trend of declining registrations in its namespace. According to the latest statistics, the .cn has halved in size over the last year.

DirectEmployers calls shenanigans on .jobs outcry

The DirectEmployers Association has gone on the offensive in the continuing battle over the .jobs liberalization, accusing its detractors of conducting an “astroturf” campaign.

Bill Warren, founder and executive director of the DEA, has filed comments to ICANN here.

He accuses the International Association of Employment Web Sites of conducting “nothing less than a smear campaign using modern day technology such as e-mail, blogs, and twitter”.

He’s referring to the scores of letters and emails that have arrived at ICANN over the last week, criticizing .jobs registry Employ Media’s proposal to drop the rule that only company names are allowed in the .jobs namespace.

Jobs sites, in particular, are pissed that Employ Media plans to hand over tens of thousands of premium generic .jobs domains to the DEA to use as gateways to a massive new jobs board, rather than open them up for general registration.

If you currently run a jobs site at NewYorkJobs.com or NursingJobs.com, for example, you would be unable to register NewYork.jobs or Nursing.jobs.

The DEA would likely own both of these domains, along with thousands of others, a situation described by one commenter as a “big giant SEO scam“.

Warren’s letter generally avoids discussing the merits of this plan, instead focusing on attacking its critics’ tactics.

the overwhelming majority of opposing comments – and we’ve reviewed each – clearly indicate no review of the substantial body of work that comprises the RSEP [Registry Services Evaluation Process] submission by Employ Media

It’s true that the majority of the letters include at least some form text created by Steven Rothberg of CollegeRecruiter.com, one of the key individuals behind the IAEWS campaign.

The letters are generally less spammy than similar letter-writing campaigns conducted during the recent .xxx controversy, however, with many writers attempting to add their own two cents.

(Speaking of .xxx, Warren claims that IAEWS has hired the same lawyer who represented .xxx registry ICM. I’m guessing he means Becky Burr of Wilmer Cutler Pickering Hale and Dorr, but I’m waiting for confirmation of that)

Warren believes that the Society of Human Resource Management, the sponsor and policy-maker for the .jobs domain, “managed a policy development process to arrive at a bottom up, consensus recommendation in the interests of the specific community .jobs exists to serve”.

According to ERE.net, the HR news site that has been doing a far better job of reporting this story than me, this SHRM policy council has been pretty much asleep at the wheel, and may even have been captured. Warren himself apparently used to chair it.

Personally, as somebody with no horse in this race, I merely find it distasteful that Warren is complaining so vehemently about jobs boards having their say in the ICANN process, when the SHRM process deliberately excluded their opinions from its outreach.

The SHRM survey (pdf) filed in support of the .jobs proposal specifically says: “Consultants were also not included in this universe, so that companies specializing in providing job search engines/job boards could not distort the responses from practicing HR professionals.”

The Employ Media proposal to change its contract has already passed an ICANN competition review, so I’m not sure there are any documented ways it can be killed off under the RSEP, although the board will still have to vote on it.

ICANN un-terminates domain name registrar

In what I believe is an unprecedented move, ICANN has renewed a domain name registrar’s accreditation having already sent it a public notice of non-renewal.

A Technology Company, aka ATECH, was told last month that its accreditation would expire July 12 because it had failed to pay over $5,600 in ICANN fees.

That letter (pdf) suggested that ATECH had been in breach since before April 2009.

On all previous occasions, whenever ICANN has posted a notice of termination or non-renewal on its site, it’s game over for that registrar.

Today, a brief note on ICANN’s web site says simply:

A Technology Company, Inc. cured all outstanding contract breaches as of 30 June 2010. A Technology Company, Inc.’s accreditation was renewed on 13 July 2010.

As I’ve previously noted, ATECH and .xxx registry hopeful ICM Registry share a common founder, although the two companies are no longer affiliated.