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EFF recommends against new gTLDs

Kevin Murphy, July 28, 2017, Domain Policy

The Electronic Frontier Foundation has recommended that domain registrants concerned about intellectual property “bullies” steer clear of new gTLDs.

The view is expressed in a new EFF report today that is particularly critical of policies in place at new gTLD portfolio registries Donuts and Radix.

The report (pdf) also expresses strong support for .onion, the pseudo-TLD available only to users of the Tor browser and routing network, which the EFF is a long-term supporter of.

The report makes TLD recommendations for “security against trademark bullies”, “security against identity theft and marketing”, “security against overseas speech regulators” and “security against copyright bullies”.

It notes that no one TLD is “best” on all counts, so presents a table explaining which TLD registries — a broad mix of the most popular gTLD and ccTLD registries — have which relevant policies.

For those afraid of trademark “bullies”, the EFF recommends against 2012-round new gTLDs on the basis that they all have the Uniform Rapid Suspension service. It singles out Donuts for special concern due to its Domain Protected Marks List, which adds an extra layer of protection for trademark owners.

On copyright, the report singles out Donuts and Radix for their respective “trusted notifier” schemes, which give the movie and music industries a hotline to report large-scale piracy web sites.

These are both well-known EFF positions that the organization has expressed in previous publications.

On the other two issues, the report recommends examining ccTLDs for those which don’t have to kowtow to local government speech regulations or publicly accessible Whois policies.

In each of the four areas of concern, the report suggests taking a look at .onion, while acknowledging that the pseudo-gTLD would be a poor choice if you actually want people to be able to easily access your web site.

While the opinions expressed in the report may not be surprising, the research that has gone into comparing the policies of 40-odd TLD registries covering hundreds of TLDs appears on the face of it to be solid and possibly the report’s biggest draw.

You can read it here (pdf).

GMO and Radix secure Chinese gTLD approval

Kevin Murphy, January 3, 2017, Domain Registries

GMO Registry and Radix have won Chinese government approval for their respective new gTLDs .shop and .site.

It’s the second batch of foreign new gTLDs to get the nod from China’s Ministry of Industry and Information Technology, following .vip, .club and .xyz in early December.

They’re also the first two Asian registries from outside China to get the right to flog their domains in China — GMO is Japanese and Radix is UAE-based with Indian roots.

Their new Chinese government licenses mean Chinese registrars will now be able to allow their customers to actually use .shop and .site domains to host web sites.

The registries in turn have had to agree to enforce China’s rather arbitrary and Draconian censorship policies on their Chinese customers.

The approvals were announced by MIIT December 29.

.site currently has about 570,000 domains in its zone file, making it a top-10 new gTLD by volume, while .shop, which launched much more recently, has over 100,000.

The ability for Chinese customers to develop their domains is no doubt good for the long-term health of TLDs, but it’s not necessarily a harbinger of shorter-term growth in a market where domains are often treated little more than meaningless baseball cards to be traded rather than commodities with intrinsic value.

Spot all the Easter eggs in this Radix mannequin viral [NSFW]

Kevin Murphy, December 7, 2016, Domain Registries

Domain registry Radix has shamelessly jumped on the “mannequin challenge” meme bandwagon, with the release of video plugging its forthcoming .fun gTLD.

It’s quite slickly produced, on the face of it shot in a single unbroken take (though I suspect there are a few edits hidden in the motion blur), but the real fun for me, as someone who’s obviously been working alone from his mother’s basement for the last decade, is having a nosey around the office of a modern tech company.

Radix, it seems, names its meeting rooms after Harry Potter characters and festoons its walls with inspirational quotes from self-help books.

There are a few visual gags too. One employee has hit the bottom of a bottle of Jack Daniels, presumably celebrating the wish-fulfilling sales figures we see on another’s monitor.

Another seems to be trying to offload a stack of banned Rs 500 and Rs 1000 notes on a colleague. Topical satire, kids!

Did you spot anything else amusing?

NB: If you’re wondering why a respectable company would produce a video backed with profane, sexist and sexually explicit lyrics, a young person I know assures me that using Rae Sremmurd’s chart-topper “Black Beatles” as the soundtrack is a standard component of the mannequin challenge meme.

UPDATE: Seems Key-Systems has done one too.

Radix acquires .fun gTLD from Warren Buffett

Kevin Murphy, October 25, 2016, Domain Registries

New gTLD portfolio player Radix has acquired the pre-launch TLD .fun from its original owner.

The company took over the .fun Registry Agreement from Oriental Trading Company on October 4, according to ICANN records.

Oriental is a party supplies company owned by Warren Buffett’s Berkshire Hathaway.

It won .fun in a private auction in April last year, beating off Google and .buzz operator DotStrategy.

It had planned to run it as a “closed generic” — keeping all the domains in .fun for itself — but those plans appeared to have been shelved by the time it signed its RA in January this year.

Evidently Oriental’s heart was not in it, and Radix made an offer for the string it found more attractive.

Radix business head Sandeep Ramchandani confirmed to DI today that .fun will be operated in a completely unrestricted manner, the same as its other gTLDs.

It will be Radix’s first three-letter gTLD, Ramchandani said. It already runs zones such as .online, .site and .space.

.fun is not yet delegated, but Radix is hoping for a December sunrise period, he said.

.hotel losers gang up to threaten ICANN with legal bills

Kevin Murphy, August 30, 2016, Domain Registries

The six losing applicants for the .hotel new gTLD are collectively threatening ICANN with a second Independent Review Process action.

Together, they this week filed a Request for Reconsideration with ICANN, challenging its decision earlier this month to allow the Afilias-owned Hotel Top Level Domain Sarl application to go ahead to contracting.

HTLD won a controversial Community Priority Evaluation in 2014, effectively eliminating all rival applicants, but that decision was challenged in an IRP that ICANN ultimately won.

The other applicants think HTLD basically cobbled together a bogus “community” in order to “game” the CPE process and avoid an expensive auction.

Since the IRP decision, the six other applicants — Travel Reservations, Famous Four Media, Radix, Minds + Machines, Donuts and Fegistry — have been arguing that the HTLD application should be thrown out due to the actions of Dirk Krischenowski, a former key executive.

Krischenowski was found by ICANN to have exploited a misconfiguration in its own applicants’ portal to download documents belonging to its competitors that should have been confidential.

But at its August 9 meeting, the ICANN board noted that the timing of the downloads showed that HTLD could not have benefited from the data exposure, and that in any event Krischenowski is no longer involved in the company, and allowed the bid to proceed.

That meant the six other applicants lost the chance to win .hotel at auction and/or make a bunch of cash by losing the auction. They’re not happy about that.

It doesn’t matter that the data breach could not have aided HTLD’s application or its CPE case, they argue, the information revealed could prove a competitive advantage once .hotel goes on sale:

What matters is that the information was accessed with the obvious intent to obtain an unfair advantage over direct competitors. The future registry operator of the .hotel gTLD will compete with other registry operators. In the unlikely event that HTLD were allowed to operate the .hotel gTLD, HTLD would have an unfair advantage over competing registry operators, because of its access to sensitive business information

They also think that HTLD being given .hotel despite having been found “cheating” goes against the spirit of application rules and ICANN’s bylaws.

The RfR (pdf) also draws heavily on the findings of the IRP panel in the unrelated Dot Registry (.llc, .inc, etc) case, which were accepted by the ICANN board also on August 9.

In that case, the panel suggested that the board should conduct more thorough, meaningful reviews of CPE decisions.

It also found that ICANN staff had been “intimately involved” in the preparation of the Dot Registry CPE decision (though not, it should be noted, in the actual scoring) as drafted by the Economist Intelligence Unit.

The .hotel applicants argue that this decision is incompatible with their own IRP, which they lost in February, where the judges found a greater degree of separation between ICANN and the EIU.

Their own IRP panel was given “incomplete and misleading information” about how closely ICANN and the EIU work together, they argue, bringing the decision into doubt.

The RfR strongly hints that another IRP could be in the offing if ICANN fails to cancel HTLD application.

The applicants also want a hearing so they can argue their case in person, and a “substantive review” of the .hotel CPE.

The HTLD application for .hotel is currently “On Hold” while ICANN sorts through the mess.

.web auction to go ahead after ICANN denies Donuts/Radix appeal

The new gTLD .web seems set to go to auction next week after ICANN rejected an 11th-hour delay attempt by two applicants.

ICANN’s Board Governance Committee said yesterday that there is no evidence that applicant Nu Dot Co has been taken over by a deep-pocketed third party.

The BGC therefore rejected Donuts’ and Radix’s joint attempt to have the July 27 “last resort” auction delayed.

Donuts and Radix had argued in a Request for Reconsideration earlier this week that Nu Dot Co has changed its board of directors since first applying for .web, which would oblige it to change the application.

Its failure to do so meant they auction should be delayed, they said.

They based their beliefs on an email from NDC director Jose Ignacio Rasco, in which he said one originally listed director was no longer involved with the application but that “several others” were.

There’s speculation in the contention set that a legacy gTLD operator such as Verisign or Neustar might now be in control of NDC.

But the BGC said ICANN had already “diligently” investigated these claims:

in response to the Requesters’ allegations, ICANN did diligently investigate the claims regarding potential changes to Nu Dot’s leadership and/or ownership. Indeed, on several occasions, ICANN staff communicated with the primary contact for Nu Dot both through emails and a phone conversation to determine whether there had been any changes to the Nu Dot organization that would require an application change request. On each occasion, Nu Dot confirmed that no such changes had occurred, and ICANN is entitled to rely upon those representations.

ICANN staff had asked Rasco via email and then telephone whether there had been any changes to NDC’s leadership or control, and he said there had not.

He is quoted by he BGC as saying:

[n]either the ownership nor the control of Nu Dotco, LLC has changed since we filed our application. The Managers designated pursuant to the company’s LLC operating agreement (the LLC equivalent of a corporate Board) have not changed. And there have been no changes to the membership of the LLC either.

The RfR has therefore been thrown out.

Unless further legal action is taken, the auction is still scheduled for July 27. The deadline for all eight applicants (seven for .web and one for .webs) to post deposits with ICANN passed on Wednesday.

As it’s a last resort auction, all funds raised will go into an ICANN pot, the purpose of which has yet to be determined. The winning bid will also be publicly disclosed.

Had the contention set been settled privately, all losing applicants would have made millions of dollars of profit from their applications and the price would have remained a secret.

NDC is the only applicant refusing to go to private auction.

The applicants for .web are NDC, Radix, Donuts, Schlund, Afilias, Google and Web.com. Vistaprint’s bid for .webs is also in the auction.

The RfR decision can he read here (pdf).

Donuts joins fight to delay .web gTLD auction with emergency appeal

Donuts and Radix have filed an “emergency” appeal with ICANN in an attempt to get the forthcoming auction for the .web gTLD delayed.

The companies, both of which have applied for .web, say they have evidence that one of their rival bidders recently changed ownership without telling ICANN, in breach of application rules.

They filed a Request for Reconsideration (pdf) with ICANN (pdf) on Sunday, demanding the delay and an investigation into whether Nu Dot Co LLC is under new control.

The move follows speculation, which we reported last week, that Nu Dot Co is now being controlled by a major legacy gTLD registry player such as Verisign.

The evidence for the the change of ownership comes to light for the first time in the RfR. It’s an email from Nu Dot Co director Jose Ignacio Rasco to Donuts dated June 7. It reads:

Nicolai is at NSR full time and no longer involved with our TLD applications. I’m still running our program and Juan sits on the board with me and several others.

“Nicolai” is Nicolai Bezsonoff, who is listed as an NDC director in its .web application. NSR is presumably Neustar, where Bezsonoff went to work when it acquired .CO Internet.

“Juan” is Juan Calle, the third NDC director, CEO, and former CEO of .CO Internet.

Donuts and Radix believe that Bezsonoff’s departure and the apparent appointment of the unnamed “several others” as NDC directors gave NDC the obligation, under Applicant Guidebook rules, to inform ICANN of the changes.

The Guidebook states:

If at any time during the evaluation process information previously submitted by an applicant becomes untrue or inaccurate, the applicant must promptly notify ICANN via submission of the appropriate forms. This includes applicant-specific information such as changes in financial position and changes in ownership or control of the applicant.

(With that in mind, one wonders whether the acquisition of .blog at auction was strictly legit).

Donuts and Radix now want ICANN to delay the “last resort” auction, which is currently slated for July 27, and “conduct a thorough and transparent investigation into the apparent discrepancies and/or changes in NDC’s .WEB/.WEBS application”.

NDC is believed to be the only one of the eight .web/.webs applicants to be refusing to settle the contention set via a private auction, where the losers get an equal share of the winning bid.

If the set goes to ICANN’s last-resort auction, ICANN gets all the cash.

The final price of .web could easily be in the ball park of $50 million, so each applicant stands to lose several million dollars if the July 27 auction goes ahead as planned.

Radix and fellow .web applicant Schlund had previously written to ICANN to request the delay, but were rebuffed in a letter last week.

The decision outlined in that letter is what the new RfR challenges.

RfRs have a long track record of being dismissed by ICANN’s Board Governance Committee, very often because the requester has not supplied ICANN with any new information with which to change its mind.

That’s a risk here, too, given that ICANN seems to have been in possession of the Rasco email since June 22, before decision to go ahead with the auction was made.

However, that decision seems to have been made by ICANN staff. An RfR makes sure it gets the attention of the ICANN board of directors.

Radix joins the Hollywood content police

Radix has become the second major gTLD registry to announce a content policing deal with the movie industry.

It today said it has signed an agreement with the Motion Picture Association of America similar to the one Donuts announced in February.

Like Donuts, Radix will treat the MPAA as a “trusted notifier” for the purposes of taking down “large-scale pirate websites”.

Radix said the deal “imposes strict standards for such referrals, including that they be accompanied by evidence of clear and pervasive copyright infringement, and a representation that the MPAA has first attempted to contact the registrar and hosting provider for resolution.”

Donuts described its notifier program in this document (pdf). Radix said its arrangement is “similar”.

The Donuts-MPAA deal proved somewhat controversial.

The Electronic Frontier Foundation invoked the slippery slope argument, saying of it:

The danger in agreements like this is that they could become a blanket policy that Internet users cannot avoid. If what’s past is prologue, expect to see MPAA and other groups of powerful media companies touting the Donuts agreement as a new norm, and using it to push ICANN and governments towards making all domain name registries disable access to an entire website on a mere accusation of infringement.

The EFF said these kinds of deals could ultimately lead to legal freedom of speech being curtailed online.

We’re not quite there yet — right now we have two gTLD registries (albeit covering over 200 gTLDs) and one trusted notifier — but I expect more similar deals in future, branching out into different industries such as music and pharamaceuticals.

The deals stem in part from the Domain Name Association’s Healthy Domains Initiative, which aims to avoid ICANN/government regulation by creating voluntary best practices for the industry.

The advantage of a voluntary arrangement is that there’s no risk of a terminal sanction — such as losing your registry contract — if you fail to live up to its terms.

Radix’s portfolio includes .website, .space, .online and .tech. It’s also a .music and .web applicant.

Donuts wins .doctor

Donuts has emerged the victor of the .doctor gTLD contention set.

Competing applicants Radix and The Medical Registry both withdrew their applications last week.

The string wasn’t due to head to its ICANN last-resort auction until May 25, indicating that the contention set was settled privately.

.doctor has been the subject of some controversy.

ICANN’s Governmental Advisory Committee had insisted that .doctor should be reserved purely for licensed medical doctors.

Donuts had complained that this would rule out use by any of the myriad other types of doctor, as well as registrants using “doctor” in a fanciful sense (like “rug doctor” or “PC doctor”).

ICANN initially accepted the GAC advice, but changed its mind this February, declining to impose such restrictive language on .doctor’s contractual Public Interest Commitments.

So it seems that .doctor will be generally unrestricted.

Donuts will have to sign up to the standard “Category 1” PICs, which require the registry to work with relevant regulatory bodies, however.

Radix targets a million .online names in 2-3 years

Kevin Murphy, August 27, 2015, Domain Registries

Having just finished the most-successful new gTLD launch day to date, Radix Registry reckons it can get .online to seven figures in two to three years.

“We’re at 37,170 names as of an hour ago,” Radix CEO Bhavin Turakhia told DI at about 1000 UTC this morning.

That represents less than a full day of general availability. The company said last night that 28,000 names were registered in the first 30 minutes.

UPDATE: At the 24-hour mark, Radix tweeted this:

That beats .club’s 25,000-ish, which was Radix’s publicly stated goal, but it also tops .berlin’s 31,000 first-day names.

The CEOs of both these rival registries had publicly predicted their positions would be toppled and actively encouraged Radix to claim the crown.

Turakhia said that the majority of names registered came from pre-orders, largely at 1&1.

“Fourteen thousand names came from 1&1, 6,000 from Go Daddy, 2,700 from United Domains, 1,900 from Name.com and 1,400 from Tucows,” he said, partially breaking down the 37,170 figure by registrar.

He said the goal is to have a .online zone measured in the millions of names.

“I estimate that we should be able to get to a million names in a period of two to three years,” he said. “That’s on a conservative basis.”

Depending on how you count domains, .xyz may have already been the first to hit one million. Its zone never got as high as a million names, but it may have briefly crossed a million in terms of domains under management earlier this year.

At auction, .online sold for what is believed to be an eight-figure sum, originally to a joint venture of Radix, Tucows and Namecheap.

Radix bought out its partners earlier this year.

That was an increase in risk exposure Radix business head Sandeep Ramchandani said made him nervous. He said launch day’s numbers show .online’s potential.

Turahkhia said that there are 680,000 names in the .com zone that end in “online” today, and a million that have “online” somewhere in the second level, showing that the string is desirable to registrants.

Radix said last night that its Early Access Period — during which names are sold for a higher price — ended with 1,130 sales.

Turahkhia said that of these, about 1,000 were registered in the last three days, during which time the price was $100. Regular .online pricing is around the same as .com ($14.99 at 1&1 and Go Daddy), but some registrars are selling for as much at $50.