ICANN, Verisign and NTIA “ready for 100 new gTLDs per week”

The three main entities responsible for managing the domain name system’s root zone have confirmed that they’re ready to add 100 or more new gTLDs to the internet every week.
In a statement, (pdf), ICANN, Verisign and the US National Telecommunications & Information Administration jointly said:

Based on current staffing levels and enhancements that are currently underway to the [Root Zone Management] system, the Root Zone Partners are able to process at least 100 new TLDs per week and will commit the necessary resources to meet all root zone management volume increases associated with the new gTLD program.

The letter was sent in response to a request from ICANN’s Security and Stability Advisory Committee, which asked in July whether ICANN, Verisign and the NTIA were ready for the new gTLD load.
The three-party Root Zone Management procedure used to add TLDs or update existing ones is getting more automation, which is expected to streamline the process.

Trademark Clearinghouse “breakthrough” at private Brussels meeting

ICANN’s various stakeholder groups reached a “breakthrough” agreement on the Trademark Clearinghouse for new gTLDs, according to attendees at a closed-doors meeting last week.
The meeting in Brussels evidently saw attendance from members of the Business Constituency and Intellectual Property Constituency, in addition to the registries and registrars that have been involved in the development of the TMCH implementation model to date.
It was a discussion of nitty-gritty implementation details, according to attendees, rather than reopening the policy discussion on matters such as the mandatory Trademark Claims service period.
Crucially, ICANN appears to have dropped its strong objection to a community-developed proposal that would put the TMCH in the “critical path” for domain registrations.
The community proposal requires a centralized Clearinghouse serving Trademark Claims notices live rather than in a batch fashion, meaning up-time would be paramount.
Senior ICANN executives including chief strategy officer Kurt Pritz were adamant that this model would create an unacceptable single point of failure for the new gTLD program.
But CEO Fadi Chehade, who in Toronto last month appeared to disagree with Pritz, does not appear to have shared these concerns to the same deal-breaking extent.
In a blog post reviewing the meeting’s conclusions last night, Chehade wrote that the community has settled on a “hybrid” solution:

Participants reviewed the features of possible centralized and decentralized systems, and agreed to support a “hybrid” system for Trademark Claims. In this system, a file of domain name labels derived from the trademarks recorded in the Clearinghouse (and hence subject to a Claims Notice) would be distributed to all registries and updated on a regular basis, and a live query system would be used to retrieve the detailed data from the Clearinghouse when necessary to display the Claims Notice to a prospective registrant.

This description appears to closely match the community proposal (pdf) developed by the registries.
ARI Registry Services CTO Chris Wright, one of the key architects of the community TMCH proposal, made no mention of a “hybrid” solution in his update following the Brussels meeting.
According to Wright, “ICANN has tentatively agreed to proceed with the community-developed Trademark Clearinghouse”.
The meeting also concluded that there’s no way to provide blanket privacy protection for trademark data under Trademark Claims, something that has been worrying trademark holders for a while.
At a session in Toronto last month registries observed that the whole point of Trademark Claims is to provide information about trademarks to potential registrants.
That means it can be mined in bulk, and there’s not a heck of a lot registries can do to prevent that even with technical solutions such as throttling access.
Chehade blogged:

There was discussion on implementing an appropriate framework for access and use of the data. The group considered whether measures were necessary specifically to address potential mining of the Clearinghouse database for purposes other than to support the rights protection mechanisms. Given that the Trademark Clearinghouse is designed to provide trademark data for particular purposes, there was agreement that most controls would be ineffective in attempting to control data elements once provided to other parties.

So, how much community support do the Brussels agreements have?
The meeting was not webcast and there does not appear to be a recording or transcript, so it’s difficult to know for sure who was there, what was discussed or what conclusions were reached.
Concerns were expressed by members of the Non-Commercial Stakeholders Group, as well as the Internet Commerce Association, about the fact that ICANN did not widely publicize the meeting, which was first reported in an ICA blog post last week.
The ICA’s Phil Corwin also questioned whether key members of the IPC and BC — based on the US Eastern seaboard — would be able to attend due to Hurricane Sandy’s impact on air travel.
While there seems to be a feeling that solid progress on the Clearinghouse is definitely a positive development for the new gTLD program, the fact that the consensus was apparently reached behind closed doors does not appear to be in lockstep with Chehade’s commitment to increase transparency at ICANN.

New gTLD marketing conference coming to New York

Momentum Consulting has announced a conference focused on marketing with new gTLDs for New York City next March.
The Digital Marketing & gTLD Strategy Congress is designed for brand managers, trademark lawyers and marketing executives, according to organizers.
The preliminary agenda was published today. It includes speakers from Citibank, which has applied for two new gTLDs, Neustar, Afilias, Domain Diction, PIR, Deloitte and Donuts.
ICANN CEO Fadi Chehade has also been invited to deliver the keynote, according to the agenda.
Lead sponsors include Afilias and Domain Diction. DI, Domain Name Wire and The Domains are media sponsors.
The event will run from March 11 to 12 in New York City. The venue does not appear to have been confirmed yet.

Geo gTLD applicants make “public interest” case for priority approval

ICANN’s has reached out to governments supporting geographic gTLD applicants over the last week, urging them to submit formal comments on the proposed “Draw” mechanism for prioritizing applications.
A barrage of correspondence from regional and city governments, some dating back as early as March when Digital Archery was still in play, has been published by ICANN over the last 48 hours.
They’re accompanied by much more recent responses from ICANN’s newly installed new gTLD program general manager, Christine Willett.
ICANN has heard from, among others, the state backers of .tirol, .zuerich, .hamburg and .berlin, all arguing that their geographic gTLD bids should be prioritized as being in the “public interest”.
The Draw mechanism would give priority to internationalized domain names, but not geographic gTLDs.
What’s missing from all the letters are any attempts to explain or justify the “public interest” claims.
ICANN’s responses are all the same: thanks for your letter, please contribute to the current public comment period on the proposed new gTLD prioritization lottery.
The letters can all be found on ICANN’s correspondence page. The comment period closes Friday.

ICANN’s new gTLD fund at $352.3m

ICANN had $352.3 million in its new gTLD program bank account as of October 13, according to notes from a recent board meeting.
The numbers suggest that ICANN had only spent about $6 million on the program since the application window closed at the end of May.
With 1,930 applications at $186,000 a pop, excluding the seven refunds, ICANN should have grossed about $358 million.
The money is being held in a non-interest-bearing account, partly due to ICANN’s insistence that the program is not an exercise in self-enrichment.
Notes from the October 13 Board Finance Committee meeting also reveal that ICANN plans to revise its 2013 budget to account for the accelerated gTLD timetable.
The current budget was prepared before Digital Archery was scrapped and ICANN expected to process its applications in batches over two years. It now expects one batch lasting one year.

TLDH expects gTLD auctions in second half of 2013

While some new gTLD portfolio applicants are trying to get their contention sets resolved as quickly as possible, Top Level Domain Holdings reckons auctions won’t happen until the second half of 2013.
In a trading update this week, the company also said that it expects to start seeing revenue from its first successful new gTLD applications next year, with contested bids producing revenue in 2014.
TLDH said in a statement:

Provided that the ICANN proposed timetable is broadly adhered to, the Board of TLDH believes that a number of the Group’s 17 uncontested gTLD applications on its own behalf and the 5 uncontested client gTLD applications are likely to be revenue producing in 2013, with the balance becoming so in the first half of 2014. TLDH has commenced discussions with the leading worldwide registrars, premium name specialists, and secondary market platforms for distribution of these gTLD names.
TLDH is also working with other gTLD applicant groups to define formats for private auctions and other name resolution arrangements in respect of the contested names that TLDH has applied for. The Board expects that these auctions are likely to happen in the second half of 2013.

As we reported last week, fellow portfolio applicant Donuts approached competing applicants at the Toronto ICANN meeting last month with a proposal for running private auctions in early 2013.
The idea was not warmly received by many, we hear, and TLDH evidently does not agree.
The company also revealed this week that it plans to move its headquarters to Dublin, Ireland, and expects to start hiring more staff and directors in the near future.
Clark Landry, who has been a non-executive director of TLDH for several years, has left the board, TLDH announced.
Caspar von Veltheim, who has been managing some of TLDH’s geographic gTLD bids in Europe, has joined the board as an executive director, the company added.

ICANN looking for new gTLD testing provider on very tight deadline

ICANN is seeking one or more pre-delegation testing providers for its new gTLD program on a very ambitious timetable.
An RFP issued yesterday calls for a company that can scratch-build a testing suite to put new gTLD applicants through the ringer before they go live, and have it up and running by March 25, 2013.
Pre-delegation testing is the last stage of the new gTLD program’s approval process.
Some new gTLD applicants have recently called on ICANN to begin testing as soon as possible — before even Initial Evaluation has finished — in order to speed up time to market.
The Applicant Guidebook suggests that ICANN itself would be doing the testing, and some applicants had made that assumption, but that’s clearly not the case.
The RFP spells out exactly what is required of the testing providers.
First, they’re expected to build bespoke software to run the tests.
In addition to load-testing and verifying the registry’s compliance with standards such as EPP, DNSSEC and Whois, it also needs a custom-made user interface for applicants and back-end integration with ICANN’s wobbly TLD Application System.
ICANN also wants to be able to open-source the software, which seems to rule out any off-the-shelf testing suites.
RFP respondents also need to be able test 20 applicants’ back-ends per week — potentially scaling up to 100 per week — as soon as ICANN starts signing registry agreements next year.
ICANN does not expect to announce the winning provider(s) until December 5. The deadline for responses is November 20.
In short, it looks like a challenging project on a very tight deadline.
I wonder how much institutional knowledge there is out there of, say, DNSSEC, in companies that are not also involved in new gTLD applications as either applicant or back-end.
The pool of possible RFP respondents is likely very small indeed.
The ability to run tests on the testing suite itself may also be limited by the timetable and the possible shortage of guinea-pig registry back-ends.
Why ICANN has waited until this very late date to issue the RFP is a real head-scratcher.
ICANN is offering a 24-month contract with a possible 12-month extension. The RFP can be downloaded here.

Demand Media: ignore our Republican gTLD rivals

Demand Media has asked ICANN to “ignore” complaints from the US Republican party about its application for the .republican gTLD.
Last month, the Republican National Committee and the Republican State Leadership Committee submitted comments to ICANN arguing that Demand would be an unsuitable custodian for the gTLD.
Demand is best known for its “unofficial, mediocre and sometimes incorrect” content farms, such as eHow, the letter (pdf) said.
The company should not be allowed to run .republican because it implies endorsement by the Republican party, or some kind of community backing for a non-Community application, the letter said.
This week, Demand has responded, saying it’s nothing but competitive posturing, given that the RSLC has applied for .gop (for “Grand Old Party”, a nickname for the Republicans):
A letter to ICANN from Demand subsidiary and .republican applicant United TLD Holdco, says:

Because the RSLC and RNC have applied for .GOP, an arguably competing string, it is easy to see through these arguments and ignore them as nothing more than an attempt to undermine the credibility of United TLD in order to gain a competitive advantage.
…
By their own admission, RSCL and RNC agree that “.REPUBLICAN has the potential to be a very powerful gTLD.” It is natural then, that they would attempt to discredit United TLD in the hope of eliminating competition for their own string.

The thrust of Demand’s rebuttal is that Republicanism is not an exclusively American movement — other parties around the world use the name — and that it also has generic meaning.
It further argues that the quality of the content Demand provides elsewhere is irrelevant, because the company plans to sell .republican domain names, not produce content there.
Demand has also applied for .democrat, the other major US political party, but did not receive any complaints from the Democratic party during the designated ICANN comment period.

Trademark protection stalemate follows ICANN 45

Trademark interests and new gTLD applicants are at odds about trademark protection — again — following the ICANN meeting in Toronto two weeks ago.
In a welcomed, not-before-time show of cooperation, the Intellectual Property Constituency and Business Constituency submitted to ICANN a bulleted list of requests for improved rights protection mechanisms.
The list is, for the most part, not particularly egregious — calling for a permanent Trademark Claims service and a Uniform Rapid Suspension service that meets its cost goals, for example.
But the New TLD Applicants Group (NTAG), an observer component of the Registries Constituency, has dismissed it out of hand, anyway, saying that the time for policy changes is over.
Here’s the IPC/BC list:

1. Extend Sunrise Launch Period from 30 to 60 days with a standardized process.
2. Extend the TMCH and Claims Notices for an indefinite period; ensure the process is easy to use, secure, and stable.
3. Complete the URS as a low cost alternative and improve its usefulness – if necessary, ICANN could underwrite for an initial period.
4. Implement a mechanism for trademark owners to prevent second-level registration of their marks (exact matches, plus character strings previously determined to have been abusively registered or used) across all registries, upon payment of a reasonable fee, with appropriate safeguards for registrants with a legitimate right or interest.
5. Validate contact information for registrants in WHOIS.
6. All registrars active in new gTLD registrations must adhere to an amended RAA for all gTLD registrations they sponsor.
7. Enforce compliance of all registry commitments for Standard applications.
8. Expand TM Claims service to cover at least strings previously found to have been abusively registered or used.

Most of these requests are not entirely new, and some have been rejected by the ICANN policy-development process and its board of directors before.
The NTAG points out as much in a letter to ICANN management last week, which says that new gTLD applicants paid their application fees based on promises in the Applicant Guidebook, which should not be changed.

Many of the BC & IPC proposed policy changes have been considered and rejected in no fewer than four different processes and numerous prior Board decisions. Indeed, many go far beyond the recommendations of the IRT, which was comprised almost exclusively of trademark attorneys. These last-minute policy recommendations amount to just another bite of the same apple that already has been bitten down to its core.
The new gTLD policy development process is over. Applicants relied on the policies in the final Guidebook in making business decisions on whether to apply. At the time that ICANN accepted applications and fees from applicants, ICANN and applicants entered into binding agreements. ICANN should not change these agreements unilaterally without extraordinary reason and especially not when it would materially harm the counterparties to the agreements.

The Applicant Guidebook, as it happens, asks applicants to explicitly acknowledge that ICANN may make “reasonable
updates and changes” to the rules, even after the application has been submitted.
But if applicants reckon changes would create a “material hardship”, ICANN is obliged to “work with Applicant in good faith to attempt to make reasonable accommodations in order to mitigate any negative consequences”

Here’s how Donuts wants to resolve its 158 new gTLD contention fights

Donuts is backing a private auction model designed and managed by Cramton Associates as its preferred solution for resolving its 158 new gTLD contention sets.
The proposals, spelled out by auction design expert Peter Cramton during private sessions with new gTLD applicants, caused a bit of a buzz — not all of it positive — at the ICANN meeting in Toronto last week.
But Donuts co-founder Jon Nevett told DI today that Cramton has addressed rivals’ concerns and that Donuts wants to handle as many of its contention sets as possible via private auction.
The idea is that private auctions will be faster and cheaper for applicants than the process set out by ICANN as the “last resort” method for resolving contention sets.
In the ICANN model, all of the proceeds of the auction would go to ICANN, to be distributed to worthy causes at a later date. But with a private auction, the winning bidder pays the losers.
This makes it more attractive to applicants, according to Donuts.
“The cost of losing an ICANN auction is greater than the cost of losing a private auction,” Nevett said. “If you lose an ICANN auction you get nothing, zero, you lose your asset.”
But with private auctions, “it doesn’t hurt as much to lose, so the theory is the second-place guys won’t stretch as much,” he said.
Cramton is a professor of economics at the University of Maryland. A long-time auction specialist, he’s been involved in designing processes for selling off wireless spectrum around the world.
For new gTLDs, Cramton proposes an “ascending clock” auction. At each stage, the price is increased by the auctioneer and the bidders/sellers can either commit to pay that amount or drop out.
The last man standing wins the gTLD, paying the amount that the second-highest bidder was willing to pay.
The money would be divided equally between all the losing applicants. According to Cramton, the advantage over proportional distribution is that it does not encourage applicants to over-bid, keeping costs down.
Cramton’s original plan, which left some applicants scratching their heads last week, was to run the auctions in the first quarter of 2013, before ICANN announces the results of Initial Evaluation.
That would mean that losing bidders would get a 70% refund of their ICANN application fee, which may be an attractive percentage in the case of low-value strings.
But it also means that an applicant could win an auction and later discover its application has been rejected. The other applicants would have withdrawn, so the gTLD would just disappear into the ether.
Judging by a series of videos shot last week and published on Cramton’s YouTube account, many applicants are in favor of running the auctions after IE results have been announced.
Another complaint expressed by Donuts’ competitors last week is Cramton’s “all or nothing” approach, in which Donuts’ rivals would have to commit to use the auctions for their entire portfolio of applications.
According to Nevett, that idea is no longer on the table.
“In the beginning he was discussing that it would have to be all your TLDs or none, and I think a lot of applicants told him that was unacceptable, so he changed his view,” he said.
The idea now is that the auctions would proceed on a TLD-by-TLD basis.
Given that winning bidders are giving money to their competitors, another concern is the ordering of the auctions. You don’t necessarily want to give your rivals a big wedge of cash they can use to out-bid you on the next lot.
The preferred solution here appears to be a simultaneous auction, with all the participating contention sets being resolved at the same time.
There was also a deal of suspicion in Toronto about whether Cramton would be biased towards Donuts, given that Donuts is responsible for finding Peter Cramton and introducing him to the gTLD program.
But Nevett said that Donuts has not contracted with Cramton. Peter Cramton showed up in Toronto on his own dime and has not required an up-front payment from Donuts, Nevett said.
“Every applicant has a veto on whether to participate, and it won’t happen unless every applicant wants to do it,” Nevett said. “Our incentive is to have an auction provider who is attractive to every applicant.”
“Our goal is to get as many applicants to participate in a private auction, so we need the auction to be designed in a way that is simple, fair and inclusive,” he said.
But there’s no denying that Donuts has a greater incentive than most to have a consolidated auction. By its own admission, it’s an eight-person operation without the manpower to negotiate 158 contention sets.
Cramton’s materials from last week’s Toronto sessions can be found at applicantauction.com or here.