No smoking! Rules laid down as .kids reveals launch dates

DotKids Foundation has published its launch dates and its fairly strict rules about what kinds of content are permitted and prohibited on .kids domains.

The sunrise period for trademark holders will run from August 11 to September 14, to be followed a week later by a “community sunrise” targeting non-profits “with a main mission of championing children’s rights, children’s well-being, education or child-welfare” that runs until October 19.

Then comes the “pioneer domains” program, where DotKids seeks to recruit a suite of anchor tenants who it can name at launch when it goes into full general availability on November 29. Just in time for Christmas.

But .kids will be far from a free-for-all, with a bunch of regulations on content.

Content bans include the stuff you might expect related to violence, drugs, pornography, kids drinking and smoking, and gambling (but only where the gambling is with “lawful currencies”, presumably because video games nowadays are rife with virtual-currency gambling).

The policies are laid out in several documents here.

While content rules such as these may seem to amount to an effective ban on user-generated content, DotKids is actively encouraging its registrants to use their sites to engage with kids and provide a “platform for children’s voices to be heard”.

Developers on .kids domains will need to have a decent moderation budget, it seems.

.kids goes live, plans to launch this year

The long-anticipated .kids top-level domain has its first live site, and the registry has announced plans to start selling domains towards the end of the year.

The contractually mandated nic.kids is now resolving, leading to the registry web site of the DotKids Foundation.

Hong Kong-based DotKids, which has close ties to DotAsia and ICANN director Edmon Chung, said the plan is to start a sunrise period in the third quarter and go to general availability in the fourth quarter this year.

There’s also going to be a special registration period for children’s rights groups and a Q3 “Pioneer Program” for early adopters.

The idea behind the gTLD is to provide a space where all content is considered suitable for under-18s, though the exact policing policies have yet to be written. DotKids is using the UN definition of a child.

It will be a tough balancing act. My fifteen-year-old nephew isn’t happy with content that doesn’t involve the laser-beam dismemberment of tentacled beasts, but a decade ago was content to watch Peppa Pig on a loop for hours a day.

DotKids won the rights to .kids, somehow beating rival applicants Amazon and Google, in 2019. It signed a very strange Registry Agreement with ICANN last year.

Previous attempts at creating child-friendly domains have proven unsuccessful.

In the US, there was a government-mandated .kids.us brought in 20 years ago, aimed at under-13s, but it was a spectacular failure, attracting just a handful of registrations. It was killed off in 2012.

Russian speakers have their own equivalent gTLD .дети, a word that has taken on more sinister overtones in recent weeks, but that currently has only about 800 names under management.

DotKids has its work cut out to make .kids a commercial success, but it is a non-profit and it was the only new gTLD applicant to have most of its ICANN fees waived under the Applicant Support Program.

DotKids signs very weird new gTLD contract

New gTLD registry hopeful DotKids Foundation has become the latest to sign its ICANN Registry Agreement, and it’s a bit odd.

The signing means that DotKids only needs to have its registry back-end, managed by Donuts/Afilias, pass the formality of its pre-delegation testing before .kids finds its way into the DNS root.

It’s going to be a regulated TLD, with strict rules about what kind of content can be posted there. It’s designed for under-18s, so there’ll be no permitted violence, sex, drugs, gambling etc.

DotKids plans to enforce this with a complaint-response mechanism. There won’t be any pre-vetting of registrants or content.

There are a few notable things about .kids worth bringing up.

First, the contract was signed August 13 by DotKids director Edmon Chung, best known as CEO of DotAsia. A few days later, he was selected for the ICANN board of directors by the Nominating Committee.

Second, it’s the first and only new gTLD to have been acquired on the cheap — DotKids got over $130,000 of support from ICANN as the only outfit to successfully apply under the Applicant Support program.

Third, DotKids’ Public Interest Commitments are mental.

PICs are the voluntary, but binding, rules that new gTLD registries opt to abide by, but the DotKids PICs read more like the opening salvo in a future lawsuit than clauses in a registry contract.

Three PICs in particular caught my eye, such as this one that seems to suggest DotKids wants to restrict its channel to only a subset of accredited registrars, and then doesn’t:

Notwithstanding Section 1 above, the Registry Operator makes a commitment to support ICANN’s overarching goals of the new gTLD program to enhance competition and consumer choice, and enabling the benefits of innovation via the introduction of new gTLDs. The Registry Operator further acknowledges that at the time of this writing, it is uncertain whether or not the limiting of distribution of new gTLDs to only a subset of ICANN Accredited Registrars would undermine ICANN’s own public interest commitments to enhance competition and consumer choice. In the absence of the confirmation from ICANN and the ICANN community that such undertaking would not run counter to ICANN’s overarching goals of the new gTLD program, or in the case that ICANN and/or the ICANN community confirms that indeed such arrangement (as described in 1. above) runs counter to ICANN’s public interest commitments and overarching goals, the Registry Operator shall refrain from limiting to such subset as described in 1. above.

I’ve read this half a dozen times and I’m still not sure I know what DotKids is getting at. Does it want to have a restricted registrar base, or not?

This paragraph is immediately followed by the equally baffling commitment to establish the PICs Dispute Resolution Procedure as a formal Consensus Policy:

Notwithstanding Section 2 and 4 above, the Registry Operator makes a commitment to support, participate in and uphold, as a stakeholder, the multi-stakeholder, bottom-up policy development process at ICANN, including but not limited to the development of Consensus Policies. For the avoidance of doubt, the Registry Operator anticipates that the PICDRP be developed as a Consensus Policy, or through comparably open, transparent and accountable processes, and commits to participating in the development of the PICDRP as a Consensus Policy in accordance to Specification 1 of this Agreement for Consensus Policies and Temporary Policies. Furthermore, that any remedies ICANN imposes shall adhere to the remedies specified in the PICDRP as a Consensus Policy.

The problem with this is that PICDRP is not a Consensus Policy, it’s just something ICANN came up with in 2013 to address Governmental Advisory Committee concerns about “sensitive” TLDs.

It was subject to public comments, and new gTLD registries are contractually obliged to abide by it, but it didn’t go through the years-long process needed to create a Consensus Policy.

So what the heck is this PIC doing in a contract signed in 2021?

The next paragraph is even more of a head-scratcher, invoking a long-dead ICANN agreement and seemingly mounting a preemptive legal defense against future complaints.

Notwithstanding Section 2 above, the Registry Operator makes a commitment to support ICANN in its fulfillment of the Affirmation of Commitments, including to promote competition, consumer trust, and consumer choice in the DNS marketplace. The Registry Operator further makes an observation that the premise of this Specification 11 is predicated on addressing the GAC advice that “statements of commitment and objectives to be transformed into binding contractual commitments, subject to compliance oversight by ICANN”, which is focused on statements of commitment and objectives and not business plans. As such, and as reasonably understood that business plans for any prudent operation which preserves security, stability and resiliency of the DNS must evolve over time, the Registry Operator will operate the registry for the TLD in compliance with all commitments and statements of intent while specific business plans evolve. For the avoidance of doubt, where such business plan evolution involves changes that are consistent with the said commitments and objectives of Registry Operator’s application to ICANN for the TLD, such changes shall not be a breach by the Registry Operator in its obligations pursuant to 2. above.

If you’re struggling to recall what the Affirmation of Commitments is, that’s because it was scrapped four years ago following ICANN’s transition out from under US government oversight. It literally has no force or meaning any more.

So, again, why is it showing up in a 2021 Registry Agreement?

The answer seems to be that the PICs were written in March 2013, when references to the AoC and the PICDRP as a potential Consensus Policy made a whole lot more sense.

While a lot of this looks like the kind of labyrinthine legalese that could only have been written by an ICANN lawyer, nope — these PICs are all DotKids’ handiwork.

ICANN seems to have been quite happy to dump a bunch of irrelevant nonsense into DotKids’s legally binding contract, and sign off on it.

But given that ICANN doesn’t seem convinced it even has the power to enforce PICs in contracts signed after 2016, does it even matter?

Amazon and Google have been BEATEN by a non-profit in the fight for .kids

One of the longest-fought new gTLD contests has finally been resolved, with a not-for-profit bid beating out Google and Amazon.
Amazon last week withdrew its application for .kids, leaving Hong Kong-based DotKids Foundation the only remaining applicant.
DotKids now has a clear run at the gTLD, with only ICANN contracting and technical testing before .kids goes live in the DNS root. We could be looking at a commercial launch within a year.
It’s a surprising outcome, not only because Amazon has all the money in the world, but also because it actually has a product called the Echo Dot Kids Edition, a candy-striped, parentally-controlled version of its creepy corporate surveillance device.
The fight between the two applicants was settled privately.
While ICANN has scheduled them in for a “last resort” auction more than once, the contention set was “On Hold” due to DotKids’ repeated use of ICANN appeals processes to delay.
My understanding is that it was not an auction. I don’t know whether any money changed hands to settle the dispute. It may just be a case of DotKids beating Amazon in a war of attrition.
DotKids, much like ultimately successful .music applicant DotMusic, pulled every trick in the book to delay .kids going to auction.
It’s filed no fewer than four Requests for Reconsideration with ICANN over the last five years, challenging almost every decision the organization made about the contention set.
Last year, DotKids (which had a reduced application fee under ICANN’s applicant support program) even asked ICANN for money to help it fight Amazon and Google at auction, then filed an RfR when ICANN refused.
The company has been in a Cooperative Engagement Process — a precursor to more formal appeals — with ICANN since February.
DotKids until recently also faced competition from Google, which had applied for the singular .kid but withdrew its application last October.
DotKids Foundation is run by Edmon Chung, perhaps best-known as the founder and CEO of 2003-round gTLD .asia.
I can’t help but feel that he has grasped a poison chalice.
The two examples we have of child-friendly domains to date are .kids.us, which was introduced by point-scoring US politicians under the Bush administration and promptly discarded when (almost literally) nobody used it, and .дети, the Russian equivalent, which usually has fewer than a thousand names in its zone file.
I believe that would-be registrants are broadly wary of signing up to vague content restrictions that could prove PR disasters if inadvertently violated.
In its 2012 application, DotKids said that .kids “will have a core mandate to advocate the production and publishing of more kids friendly content online”.
But what is a “kid”? DotKids said it would adopt the United Nations Convention on the Rights of Child definition as “every human under 18 years old”.
Because the parents of every five-year-old would be happy for their kid to view sites designed for 17-year-olds, right?
It’s going to be challenging to get this one right, I think.

Google abandons its .kid gTLD bid

Google has retreated from the interminable three-way battle for the .kids/.kid gTLDs.
The company this week withdrew its application for .kid, leaving the fight for .kids a two-horse race between Amazon and the not-for-profit DotKids Foundation.
Google’s application was intertwined with the two .kids applications due to a String Confusion Objection, which it won, drawing its bid into contention with DotKids and Amazon.
The contention set was, and arguably still is, due to be settled by an ICANN last-resort auction, but has been repeatedly postponed due to appeals to ICANN by DotKids, which doesn’t think it has the financial clout to beat its rivals.
Most recently, the auction was put on ice again after DotKids asked for ICANN money, then filed a Request for Reconsideration when ICANN refused.
Google’s .kid application had proposed an area for “kid-friendly content”. Registrants would have been vetted in advance of their domains going live to ensure they were established providers of such content.

Chutzpah alert! DotKids wants ICANN handout to fight gTLD auction

New gTLD applicant DotKids Foundation has asked ICANN for money to help it fight for .kids in an auction against Amazon and Google.
The not-for-profit was the only new gTLD applicant back in 2012 to meet the criteria for ICANN’s Applicant Support Program, meaning its application fee was reduced by $138,000 to just $47,000.
Now, DotKids reckons ICANN has a duty to carry on financially supporting it through the “later stages of the process” — namely, an auction with two of the world’s top three most-valuable companies.
The organization even suggests that ICANN dip into its original $2 million allocation to support the program to help fund its bids.
Because .kids is slated for a “last resort” auction, an ICANN-funded winning bid would be immediately returned to ICANN, minus auction provider fees.
It’s a ludicrously, hilariously ballsy move by the applicant, which is headed by DotAsia CEO Edmon Chung.
It’s difficult to see it as anything other than a delaying tactic.
DotKids is currently scheduled to go to auction against Google’s .kid and Amazon’s .kids application on October 10.
But after ICANN denied its request for funding last month, DotKids last week filed a Request for Reconsideration (pdf), which may wind up delaying the auction yet again.
According to DotKids, the original intent of the Applicant Support Program was to provide support for worthy applicants not just in terms of application fees, but throughout the application process.
It points to the recommendations of the Joint Applicant Support working group of the GNSO, which came up with the rules for the support program, as evidence of this intent.
It says ICANN needs to address the JAS recommendations it ignored in 2012 — something that could time quite some time — and put the .kids auction on hold until then.

.kids gTLD auction probably back on

Amazon, Google and a small non-profit appear to be headed to auction to fight for ownership of child-friendly new gTLDs.
ICANN last week defrosted the contention set for .kids/.kid; DotKids Foundation’s bid for .kids is no longer classified as “On-Hold”.
This means an ICANN-managed “last resort” auction is probably back on, having been cancelled last December in response to a DotKids request for reconsideration.
The RfR was thrown out by the ICANN board of directors, on the recommendation of its Board Accountability Mechanisms Committee, in May.
.kids and .kid are in the same contention set because DotKids fought and won a String Confusion Objection against Google’s .kid application.
It’s also directly competing with Amazon for .kids.
A last-resort auction would mean that proceeds would be deposited in a special ICANN bank account currently swollen with something like a quarter-billion dollars.

.kids auction is off

ICANN has postponed the planned auction of the .kid(s) gTLDs after an appeal from one of the applicants.
The last-resort auction had been penciled in for January 25, and there was a December 8 deadline for the three participants to submit their info to the auctioneer.
But DotKids Foundation, the shallowest-pocketed of the three, filed a Request for Reconsideration last Wednesday, asking ICANN to put the contention set back on hold.
The cancellation of the January auction appears to be to give ICANN’s board of directors time to consider the RfR under its usual process — it has not yet ruled on it.
DotKids and Amazon have applied for .kids and Google has applied for .kid. A String Confusion Objection won by Google put the two strings in the same contention set, meaning only one will eventually go live.
DotKids comprehensively lost a Community Priority Evaluation, which would negate an auction altogether, but it thinks the CPE got it wrong and wants to be treated the same way as other gTLD applicants whose CPE results are currently under review.
Reconsideration requests take between 30 and 90 days to process, and they rarely go the way of the requester, so the delay to the auction will likely not be too long.

Amazon and Google to fight over .kids at auction

Amazon, Google and a third applicant are scheduled to fight for control of the new gTLDs .kid or .kids at auction.
It’s the first ICANN gTLD auction to be scheduled since a Verisign puppet paid $135 million for .web in July 2016.
According to ICANN documentation, .kid and .kids will go to auction January 25, 2018.
The winning bid will be added to ICANN’s quarter-billion-dollar stash of auction proceeds, rather than shared out between the applicants.
Even though two different strings are at stake, it will be a so-called “direct contention” auction, meaning only .kids or .kid will ultimately go live.
Google, the sole applicant for .kid, had filed String Confusion Objections against .kids applications from Amazon and DotKids Foundation and won both, meaning the three applications were lumped into the same contention set.
Unless DotKids has a secret sugar daddy, it seems probable that the internet will next year either get a .kid gTLD operated by Google or a .kids gTLD operated by Amazon.
DotKids had applied as a “community” application and attempted to shut out both rivals and avoid an auction by requesting a Community Priority Evaluation.
However, it comprehensively lost the CPE.
Child-friendly domain spaces have a poor track record, partly due to the extra restrictions registrants must agree to, and are unlikely to be high-volume gTLDS no matter who wins.
Neustar operated .kids.us for 10 years, following US legislation, but turned it off in 2012 after fewer than 100 web sites used the domain. It made the decision not to reintroduce it in 2015.
The Russian-language equivalent, .дети, has been live for over three years but has only around 1,000 domains in its zone file.
The .kids/.kid auction may not go ahead if the three applicants privately negotiate a deal soon, but they’ve had over a year to do so already and have apparently failed to come to an agreement.

Now new gTLDs are being scapegoated for child abuse material (rant)

The guy responsible for getting the string “rape” closely restricted for no reason in .uk domain names is now gunning for ICANN and new gTLDs with a very similar playbook.
Campaigner John Carr, secretary of the little-known Children’s Charities’ Coalition on Internet Safety, wants ICANN to bring in strict controls to prevent convicted pedophiles registering domains in child-oriented domains such as .kids.
He’s written to the UK prime minister, the two other ministers with the relevant brief, the US federal government and the California attorney general to make these demands.
That’s despite the fact that he freely acknowledges that he does not have any evidence of a problem in existing kid-oriented TLDs and that he does not expect there to be a problem with .kids, should it be delegated, in future.
Regardless, ICANN comes in for a bit of a battering in the letter (pdf), with Carr insinuating that it and the domain industry are quite happy to throw child safety under the bus in order to make a quick buck. He writes:

ICANN has definitely not been keeping the internet secure for children. On the contrary ICANN shows complete indifference towards children’s safety. This has led to real dangers that ICANN could have prevented or mitigated.
…
ICANN, the Registries and the Registrars have an obvious financial interest in increasing the number of domain names being sold. Their interest in maximising or securing their revenues appears sometimes to blind them to a larger obligation to protect the weak and vulnerable e.g. in this instance children.

Despite this worrying premise, Carr admits in an accompanying paper (pdf) that the Russian version of .kids (.дети), which has been live for three years and only has about 1,000 registrations, does not seem to have experienced a deluge of sex offenders.
Nevertheless, he says ICANN should have forced the .дети registry to do criminal background checks on all registrants to make sure they did not have a record of sexual offences.

While at the time of writing we have no information which suggests anything untoward has happened with any Russian .kids websites, and we understand the volume of sales has been low so far, the matter should never have been left open in that way. When ICANN let the contract it could have included clauses which would have made it a contractual obligation to carry out the sort of checks mentioned. The fact that ICANN did not do this illustrates a degree of carelessness about children’s well-being which is tantamount to gross negligence.

Quite how a domain registry would go about running criminal records checks on all of its customers globally, and what the costs and the benefits would be, Carr does not say.
The letter goes on to state incorrectly that Amazon and Google are in contention for .kids.
In fact, Google applied for the singular .kid. While the two strings are in contention due to an adverse String Confusion Objection, there’s also a second applicant for .kids, the DotKids Foundation, which proposes to keep .kids highly restricted and which Carr is either unaware of or deliberately omits from his letter.
Based on his assumption that .kids is a two-horse race between Amazon and Google, he says:

while I am sure both Google and Amazon will choose to do the right thing, whichever one is the eventual winner of the contract, the point is matters of this kind should never have been left as an option

So not only does Carr not have any evidence that extant “.kids” domains are currently being abused years after delegation, he’s also sure that .kids won’t be in future.
But he wants Draconian background checks implemented on all registrants anyway.
His letter coincides with the release of and heavily cites the 2016 annual report (pdf) of the Internet Watch Foundation — the organization that coordinates the takedown of child abuse material in the UK and elsewhere.
That report found that new gTLD domains are being increasingly used to distribute such material, but that Verisign-run TLDs such as .com are still by far the most abused for this purpose.
The number of takedowns against new gTLD domains in 2016 was 272 (226 of which were “dedicated to distributing child sexual abuse content”) the IWF reported, a 258% increase on 2015.
That’s 272 domains too many, but averages out at about a quarter of a domain per new gTLD.
There were 2,416 domains being used to distribute this material in 2016, IWF said. That means new gTLDs accounted for about 11% of the total child abuse domains — higher than the 7.8% market share that new gTLDs command (according to Verisign’s Q4 industry brief).
But the IWF report states that 80% of the total abuse domains are concentrated in just five TLDs — .com, .net, .se, .io, and .cc. Even child abusers are not fans of new gTLDs, it seems.
Despite the fact that two of these domains are operated under ICANN contract, and the fact that .io is operated by a British company representing a British overseas territory, Carr focuses his calls for action instead on new gTLDs exclusively.
And his calls are receiving attention.
A The Times article this week cries “New internet domain is magnet for paedophiles, charities warn”, while tabloid stable sister The Sun reported on “fears predators are exploiting new website addresses to hide indecent material”.
This is how it started with Carr’s campaign to get “rape” domains banned in the UK.
Back in 2013, he wrote a blog post complaining that it was possible to register “rapeher.co.uk” — not that it had been registered, only that it could be registered — and managed to place a couple of stories in the right-leaning press calling for Nominet to do more to prevent the registration of “depraved and disgusting” domains such as the one he thought up.
This led to a government minister calling for an independent policy review, an actual review, and a subsequent policy that sees some poor bastard at Nominet having to pore over every .uk registration containing rapey strings to see if they’re potentially advocating or promoting actual rape.
Implementation of that policy has so far confirmed that Carr’s worries were, as I said in my 2013 rant, baseless.
In 2016, there were 2,407 registrations of domains containing the string “rape”, but just one of them was found to be using it in the context of sexual assault and was suspended, according to Nominet stats.
In 2015, the number of suspensions was the same. One.
The same story is playing out now — a single Don Quixote with a tenuous grasp of the systems he’s criticizing calling for ludicrous policies to prevent a problem that he freely admits does not exist and probably won’t exist in future.
Still, at least he gets to wave some headlines in front of his employers to pretend he’s actually earning his salary.