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Plural gTLDs to be banned over confusion concerns

Kevin Murphy, July 10, 2018, Domain Policy

Singular and plural versions of the same word are likely to be banned as coexisting gTLDs in future.

The ICANN community working group looking at rules for subsequent application rounds reckons having both versions of the same word online — something that is happening with more than 30 gTLDs currently — leads to “consumer confusion” and should not be permitted.

It’s one of the surprisingly few firm recommendations in the Initial Report on the New gTLD Subsequent Procedures Policy Development Process, which says:

If there is an application for the singular version of a word and an application for a plural version of the same word in the same language during the same application window, these applications would be placed in a contention set, because they are confusingly similar. An application for a single/plural variation of an existing TLD would not be permitted.

It adds that the mere addition of an S should not be disqualifying; .news would not be considered the plural of .new, for example.

Interestingly, the recommendation is based on advice received from existing registries, many of which fought for singular/plural coexistence during the 2012 round and already operate many such string pairs.

According to my database, these are the 15 plural/singular English string pairs (there are more if you include other languages) currently live in the DNS root:

.careers/.career
.photo/.photos
.work/.works
.cruise/.cruises
.review/.reviews
.accountant/.accountants
.loan/.loans
.auto/.autos
.deal/.deals
.gift/.gifts
.fan/.fans
.market/.markets
.car/.cars
.coupon/.coupons
.game/.games

Some of them are being managed by the same registries; others by competitors.

It’s tempting to wonder whether the newfound consensus that these pairs are confusing represents an attempt by 2012-round registries to slam the door behind them, if for no other reason than to avoid chancers trying to extort money from them by applying for plural or singular versions of other strings they currently manage.

But at an ICANN policy level, the plurals issue was indeed a gaping hole in the 2012 round.

All such clashes were resolved by String Confusion Objections, but only if one of the applicants chose to file such an objection.

These rulings mostly came down on the side of coexistence, but sometimes did not — .kid, .pet and .web were among those placed in direct contention with plural equivalents following aberrant SCO decisions.

Digital archery ruled out for next new gTLD round

Kevin Murphy, July 10, 2018, Domain Tech

The oft-mocked “digital archery” system will not be making a return when ICANN finally starts taking more new gTLD applications.

That’s the current thinking of the ICANN community working group looking at subsequent application procedures.

Readers with long memories may recall digital archery as a hack for Californian gambling laws that ICANN org pressed for in 2012 as a way to form its 1,930 applications into an orderly queue for processing.

The idea was that applicants would fire off a bit of data to an ICANN site at a predetermined time and the applicants whose packets arrived closet to the target time, measured by the millisecond, would receive priority in the queue.

It was a bit like drop-catching, and the concept advanced to the stage where companies skilled in such things were offering digital archery services.

But after ICANN changed CEOs later that year, it turned out gambling wasn’t as illegal in California as former management thought it was. The org got itself a license to run a one-off lottery and sold tickets for $100 per application.

That’s now the preferred method for ordering the queue for the next rounds of applications, whenever those may be, according to last week’s Initial Report on the New gTLD Subsequent Procedures Policy Development Process.

Unlike 2012, the WG is proposing that portfolio applicants should be able to swap around their priority numbers according to their commercial interests.

So, if Donuts gets priority #1 for .crappy and #4,000 for .awesome, it would be able to switch priorities to get the better string evaluated earlier.

The WG is also not convinced that internationalized domain names, which received automatic priority in 2012, should get the same preferential treatment this time around.

That’s one of several questions it poses for the community in its public comment period.

While a better place in the evaluation queue had time-to-market advantages in 2012 — Donuts’ .guru sold a tonne of domains largely due to its first-mover status — that’s probably not going to be as big a deal next time around due to domainer skepticism about new gTLDs.

New gTLD fees could be kept artificially high

Kevin Murphy, July 6, 2018, Domain Policy

More windfalls for ICANN? It’s possible that application fees for new gTLDs could be artificially propped up in order to discourage gaming.

In the newly published draft policy recommendations for the next new gTLD round, ICANN volunteers expressed support for keeping fees high “to deter speculation, warehousing of
TLDs, and mitigating against the use of TLDs for abusive or malicious purposes”.

It’s one of the ideas posed in the the Initial Report on the New gTLD Subsequent Procedures Policy Development Process, published this week.

It recommends that ICANN continues to price its application fees on a revenue-neutral basis, but with one big exception.

The report notes that there’s support for an “application fee floor” — a minimum fee threshold that would not be crossed no matter how cheap application processing actually becomes:

there might be a case where a revenue neutral approach results in a fee that is “too low,” which could result in an excessive amount of applications (e.g., making warehousing, squatting, or otherwise potentially frivolous applications much easier to submit), reduce the sense of responsibility and value in managing a distinct and unique piece of the Internet, and diminish the seriousness of the commitment to owning a TLD.

The subgroup looking at fees was “generally supportive” of the notion of a floor, the report says.

If the fee floor were used, excess funds would have to be pumped into efforts such as “universal acceptance”, the ongoing outreach project that hopes to persuade developers to ensure their software supports all TLDs.

It could also be used to support applications from the poorer regions of the world.

I wonder how much of a deterrent to warehousing an artificially high application fee would be; deep-pocketed Google and Amazon appear to have warehoused dozens of TLDs they applied for in the 2012 round.

The application fee in 2012 was $185,000 per string, priced on a “cost recovery” basis. The idea was that ICANN shouldn’t use the fees to subsidize its regular operations and vice versa.

But with roughly one third of that amount earmarked for unexpected contingencies — basically a legal defense fund — ICANN currently has close to $100 million in unspent fees sitting idle in a dedicated bank account.

The Initial Report also discusses whether application fees should be varied based on application type, as well as posing dozens of other questions for the community on the rules for the next round of new gTLDs.

Comment here.

First-come, first-served for new gTLDs? Have your say

Kevin Murphy, July 6, 2018, Domain Policy

Should new gTLDs be allocated on a first-come, first-served basis? That’s a possibility that has not yet been ruled out by the ICANN community.

The ICANN working group currently writing policy for the next round of gTLD applications has published its first draft for public comment, and FCFS is one option still on the table.

The Initial Report on the New gTLD Subsequent Procedures Policy Development Process outlines six possible paths for the new gTLD program, and the group wants to hear your feedback.

The six options presented range from a 2012-style one-off application round, followed again by a potentially interminable series of reviews, to full-on FCFS from day one.

With neither of those extremes particularly appealing, the working group seems to be erring towards one of the four other choices.

ICANN could, for example, announce two or three more rounds, with firm dates for each perhaps separated by a year or two, followed by a long breather period.

Or it could kick of an endless series of application periods, perhaps happening at the same time every year.

Or it could conduct one or more rounds before implementing full FCFS.

The report lists many of the pros and cons of these various options.

For example, FCFS could lead to scrappy applications, gTLD warehousing, capture by ICANN insiders, and disadvantages to community applicants, but it could also reduce the cost of acquiring a gTLD by eliminating expensive auction-based contention resolution.

Conversely, the round-based structure could cause scaling problems for ICANN, could face unanticipated delays, and may not be responsive to applicants’ business needs, the report says.

The working group could not reach consensus on which model should be used, but it noted that there was no appetite for either immediate FCFS or another 2012-style effort. Its report states:

The Working Group recommends that the next introduction of new gTLDs shall be in the form of a “round.” With respect to subsequent introductions of the new gTLDs, although the Working Group does not have any consensus on a specific proposal, it does generally believe that it should be known prior to the launch of the next round either (a) the date in which the next introduction of new gTLDs will take place or (b) the specific set of criteria and/or events that must occur prior to the opening up of the subsequent process. For the purposes of providing an example, prior to the launch of the next round of new gTLDs, ICANN could state something like, “The subsequent introduction of new gTLDs after this round will occur on January 1, 2023 or nine months following the date in which 50% of the applications from the last round have completed Initial Evaluation.”

The question of how to balance rounds and, potentially, FCFS, is one of many, many questions posed in the 310-page initial report. You can comment here.

Expect more coverage of this monster from DI shortly.

.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.