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ICANN threatens to shut down .jobs

Kevin Murphy, February 28, 2011, Domain Registries

In an unprecedented move, ICANN has threatened to cancel a top-level domain registry operator’s contract.

Employ Media, the .jobs registry, faces losing its TLD if it does not shut down Universe.jobs, the controversial jobs board operated by its partner, the DirectEmployers Association.

In a letter to the company (pdf), ICANN general counsel John Jeffrey wrote:

By not establishing any meaningful restrictions on who may register second level registrations in the .JOBS TLD, Employ Media put in operation a TLD where anyone can register names, thus defeating the purpose for which the sponsored TLD came into existence.

We are calling on Employ Media to take immediate actions to implement restricted registration policies that support the purpose for which the .JOBS top-level domain was established, and to cancel registrations and/or disavow themselves of the benefits of any registrations that are owned by related parties, if any.

The move comes following a complaint filed by the so-called .JOBS Charter Compliance Coalition, made up of jobs board such as Monster.com and CollegeRecruiter.com.

They’re annoyed that the registry licensed 40,000 premium geographic and vocational .jobs domains to DirectEmployers for Universe.jobs, which has started to compete with them.

Jeffrey wrote:

It appears that Employ Media and SHRM, through the Direct Employers Association, intend to use the .JOBS TLD primarily to compete with other internet job boards. Such use is inconsistent with the purpose stated in the .JOBS Charter and represented to the ICANN community.

The deal came as a result of a change to the .jobs registry contract, made through ICANN’s Registry Services Evaluation Process, that allowed Employ Media to lift a rule that restricted registered domain names only to the names of companies.

What the RSEP didn’t do was change the .jobs Charter, which restricts “who” may register .jobs domains. Yet, weirdly, the Charter is partly the basis for ICANN’s threat.

Jeffrey refers to the Charter restrictions, which are easily circumvented, as “specious” and “do not serve the international human resource management community”.

This is the Charter that ICANN approved back in 2005, and which hasn’t changed since, remember.

To come back into compliance, ICANN wants Employ Media to shut down Universe.jobs and get back to selling company-name registrations.

I think it’s likely Employ Media will appeal, possibly by taking the case to arbitration, as its contract allows.

ICANN to tackle Trojan TLDs

Kevin Murphy, December 22, 2010, Domain Registries

When failing community-based top-level domain registries attempt to change their business models, ICANN may in future have a new way of dealing with them.

That seems to be a possible result of Employ Media’s controversial .jobs liberalization plans and the subsequent Reconsideration Request, which I blogged about last week.

The .jobs reconsideration revealed that not only are Reconsideration Requests a rubbish way to appeal ICANN’s decisions, but also that the Registry Services Evaluation Process is often a rubbish way to handle major contract changes.

The RSEP was introduced back in 2005 in belated response to a couple of controversial “services” that VeriSign, testing boundaries, had planned to unilaterally introduce in the .com registry, notably Site Finder and the Waiting List Service.

But since then the process has been used as a general-purpose tool for requesting changes to registry contracts, even when it’s debatable whether the changes fit the definition of “registry services”.

For example, when .jobs launched five years ago, it was put into Employ Media’s contract that the TLD was designed for companies to register their brands and list their jobs, and that’s all.

But that model didn’t work. It’s one of the least successful TLDs out there.

So the registry decided it could make more money with general purpose jobs boards, using generic .jobs domains. But it did not necessarily want to let existing independent jobs sites take part.

For want of a better term, I’ll call this an example of a “Trojan” TLD – a registry that gets its attractive TLD string approved by ICANN after making a certain set of promises, then later decides to move the goal posts to broaden its market, potentially disenfranchising others.

I’ve no reason to believe it was a premeditated strategy in Employ Media’s case, but precedent has now been set for future TLD applicants to use “community” as a foot in the door for broader aspirations.

To take a stupid, extreme, unrealistic example, imagine that ICM Registry’s .xxx flops badly. Should the company be allowed to start selling all the good .xxx domains to churches and other anti-porn campaigners? That would be a pretty big departure from its promises.

There were similar concerns, although not nearly as loudly expressed, with regards to Telnic’s recent contract changes, which will allow it to start registering phone number domain names in .tel, despite years of promises that it would not.

Go Daddy’s policy chief Tim Ruiz objected to the proposal on the grounds that it would be “unfair to other [.tel] applicants and potential applicants to allow an sTLD to change its purpose after the fact.”

The ICANN Board Governance Committee, which handles Reconsideration Requests, acknowledged these problems in its decision on .jobs in Cartagena (pdf), concluding that it:

thinks that the Board should address the need for a process to evaluate amendments that may have the effect of changing, or seeking to change, an sTLD Charter or Stated Purpose of a sponsored, restricted or community-based TLD.

The BGC seems to be saying that the RSEP is not up to the task of dealing with community-based TLDs that later decide their business plans are not the money-spinners they had hoped and want to loosen up their agreed community restrictions.

The committee went on to say that:

Because such a process may impact gTLDs greatly and is a policy issue, the GNSO is the natural starting point for evaluating such a process. We therefore further recommend that the Board direct the CEO to create a briefing paper for the GNSO to consider on this matter, and for the GNSO to determine whether a policy development process should be commenced.

So the GNSO will soon have to decide whether new policies are needed to deal with broad contract changes at failing community TLDs.

Any new policies would, I believe, be binding on community TLDs approved under the new gTLD program as well as older sTLDs, so it will be an interesting policy track to follow.

Did .jobs win or lose in Cartagena?

Kevin Murphy, December 17, 2010, Domain Registries

Employ Media, the .jobs registry, had a victory in Cartagena last week, when the ICANN board voted not to overturn its August decision to allow .jobs to relax its registration policies.

The company will now be able to continue with its RFP process, allocate premium generic .jobs domains to its partners, auction them, and generally liberalize the namespace.

But the registry may not have got everything it wanted.

For at least a year, Employ Media, along with the DirectEmployers Association, has been pushing the idea of creating a massive free jobs board called universe.jobs.

The site would be fed traffic from thousands of premium geographic domains such as newyork.jobs, texas.jobs and canada.jobs, as well as vocational names such as nursing.jobs and sales.jobs.

Because Employ Media was previously only allowed to sell domains that corresponded to the names of companies, such as ibm.jobs and walmart.jobs, it asked ICANN to change its contract to allow these new classes of generic names to be registered.

The registry submitted a Registry Services Evaluation Process request, which was approved by the ICANN board in early August. The contract was amended shortly thereafter.

A few weeks later, a group of jobs sites including Monster.com, calling itself the .JOBS Charter Compliance Coalition, filed a Reconsideration Request, asking ICANN to reverse its decision.

The Coalition was concerned that the contract changes would enable universe.jobs, creating a potentially huge competitor with an unfair SEO advantage, while continuing to prohibit independent jobs sites from registering .jobs domains.

While the .jobs contract had been amended, the .Jobs Charter, which restricts those who can register .jobs domains to members of the human resources community, was not.

This potentially presented a problem for universe.jobs, as DirectEmployers may not have qualified to be a registrant under the charter.

But Employ Media’s RSEP proposal talked about creating a “self-managed class” of domains – the domains would belong to the registry but would be shared with third parties such as DirectEmployers.

That would have created an interesting precedent – registries would be able to keep hold of premium generic domain names and allow them to be “used” by only partner companies that agree to enter into revenue-sharing agreements.

But that “implementation method was withdrawn” by Employ Media after the ICANN Board Governance Committee asked about it as part of its Reconsideration Request investigation.

The BGC, while rejecting the Coalition’s request (pdf), also asked ICANN’s compliance department to keep a close eye on Employ Media, to make sure it does not overstep the bounds of its charter:

the BGC recommends that the Board direct the CEO, and General Counsel and Secretary, to ensure that ICANN’s Contractual Compliance Department closely monitor Employ Media’s compliance with its Charter

Even though its Reconsideration Request was denied, the .JOBS Charter Compliance Coalition counted both of these developments as a big win for its campaign, saying in a press release:

Given the Board’s commitment to aggressively monitor Employ Media’s implementation of the Phased Allocation Program, the Coalition is highly confident that ICANN will not permit Employ Media to register domain names to “independent job site operators” for purposes of operating job sites.

So does this mean that universe.jobs is dead?

Apparently not. Talk in the halls at the ICANN Cartagena meeting last week leads me to believe that the registry has figured out a way to launch the service anyway.

And DirectEmployers this Monday published a white paper (pdf), dated January 2011, which says universe.jobs will launch early next year.

DirectEmployers declined to immediately comment on its plans when I inquired this week, and the white paper sheds little light on the technicalities of the plan.

Judging from a promotion currently being run by EnCirca, a .jobs registrar, it seems that companies will only be able to list their jobs on universe.jobs if they own their own companyname.jobs domain.

EnCirca’s offer, which alludes to the .jobs sponsor, the Society for Human Resources Management, a “SHRM special“, says:

NEWS ALERT: December 13, 2010: ICANN has RE-CONFIRMED the .Jobs registry’s plan to allocate generic occupational and geographic-related .jobs domain names. Register your companyname.jobs to be part of this new initiative.

It will be interesting to see how domain allocations are ultimately handled.

While Employ Media’s request for proposals is ostensibly open, it looks a little bit like a smokescreen for its plan to hand big chunks of the .jobs namespace to the universe.jobs project.

But who will be the registrant of these domains? And will the allocations violate the .jobs charter? Will the registry carry on with its plan to create new “self-managed” class of domain names?

I think we’re going to have to wait for the new year to find out.

Go Daddy objects to numeric .tel domains

Kevin Murphy, November 19, 2010, Domain Registries

Go Daddy has objected to Telnic’s plan to start selling numeric .tel domain names, saying that it, among other things, “smells a lot like gaming”.

Telnic applied to ICANN last month to revise its registry contract to enable it to start selling domains containing numbers and hyphens.

I speculated a month ago that the International Telecommunications Union might object to the proposal, for reasons I explained in some depth.

(Briefly, Telnic won the .tel sponsored TLD partly because it promised for years not to enable domains that could look like phone numbers.)

But the ITU had nothing to say, at least in terms of the ICANN public comment period.

Go Daddy’s Tim Ruiz did object last Saturday on related grounds, telling ICANN:

We believe that this request cannot be granted without requiring the rebidding of the .tel sTLD itself. It is unfair to other applicants and potential applicants to allow an sTLD to change its purpose after the fact.

Since community, purpose, and use were such important aspects of the sTLD allocation decisions it seems inappropriate, fundamentally unfair, and even smells a lot like gaming, to allow an sTLD to change those aspects without an opportunity for others to bid competitively.

In response to Ruiz’s letter, Telnic chief executive Khashayar Mahdavi wrote to ICANN:

The restriction on all-numeric strings has nothing to do with the nature of .tel and was instead a measure put in place to address initial concerns about potential conflicts with ENUM… We believe time and the growing understanding of the .tel technology have proven such a conflict does not exist.

ENUM is a protocol for addressing voice services using the DNS. It uses dots between each individual digit of a phone number, which would be specifically disallowed under Telnic’s plans.

Mahdavi also expressed confusion as to why Go Daddy bothered to object – it is not currently a registry, it does not carry .tel domains and it will presumably not be affected by the relaxation of the .tel rules.

Is it possible the registrar is taking a principled stance?

Ruiz also noted:

We believe that certain other recent requests under the guise of the RSEP [Registry Services Evaluation Process] by sTLDs were also likely inappropriate for similar reasons

He didn’t specify which sTLDs he was talking about. Without wishing to put words into his mouth, I can think of at least one that fits the description.

The Telnic proposal has already passed ICANN’s staff evaluation. I expect it could come before the board next month at its Cartagena meeting.

In separate news, Telnic’s less-controversial proposal to start selling one and two-character .tel domains has now passed its ICANN evaluation (pdf).

Opponents pick holes in .jobs auction plan

Kevin Murphy, September 6, 2010, Domain Registries

A coalition of jobs web sites has accused Employ Media of trying to violate its own charter with its proposal to open up the .jobs namespace to all-comers.

The newly formed .JOBS Charter Compliance Coalition wants ICANN to reverse its approval of the proposal, which would largely liberalize the .jobs domain.

The ad hoc group, made up of dozens of organizations including the International Association of Employment Web Sites, Monster.com and the Newspapers Association of America, wrote:

ICANN is sanctioning a registry operator’s decision to disregard the commitments contained in its charter, which is the fundamental basis upon which the sTLD was awarded.

ICANN approved Employ Media’s “phased allocation program” last month. It allows the company to loosen its previously restrictive policies on who can register domain names and for what purposes.

The first phase of the program, a request for proposals, has already launched. It would assign premium generic .jobs domains to companies willing to offer interesting business partnerships.

It’s seen by some as an obvious smokescreen for Employ Media to hand thousands of domains to the DirectEmployers Association, which plans a huge free jobs portal called Universe.jobs.

The new Coalition is against this plan, and has submitted a paper (pdf) to ICANN claiming to show how the RFP proves Employ Media wants to violate its sponsorship charter.

Its argument seems to boil down to the fact that the charter limits registrations to active human resources professionals, and that the DEA, like members of the Coaltion, does not fall into that strictly defined category.

The document was filed as an addendum to the Coalition’s reconsideration request, which itself was filed with ICANN last month before the Employ Media RFP was published.