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Sponsor stonewalls .jobs critics

Kevin Murphy, November 19, 2010, Domain Registries

The sponsor of the .jobs top-level domain appears to be giving opponents including Monster.com a hard time as they continue to challenge the liberalization of the domain.

In its most recent ICANN filing (pdf), the Society for Human Resource Management said it does not want to meet with the .JOBS Charter Compliance Coalition and ICANN to help resolve their differences.

Last week, SHRM declined to given ICANN a straight answer when it asked whether jobs sites like Monster.com will be able to register domains under the new .jobs rules.

The Coalition of jobs sites was assembled to oppose the “Phased Allocation Program”, which allows .jobs registry Employ Media to allocate thousands of premium geographic and vocational domains to its partners.

While the program has already been approved by ICANN’s board, the Coalition has filed a Reconsideration Request appeal in an attempt to get the ruling overturned.

This week, Coalition lawyer Becky Burr sent a letter (pdf) to ICANN asking for a face-to-face meeting with representatives of ICANN, the Coalition, Employ Media and SHRM.

In response, SHRM general counsel Henry Hart said the organization “does not believe that it should participate in such a meeting.”

Last week, SHRM threw its full support behind Employ Media, tersely responding (pdf) to a list of ICANN’s questions relating to the registry’s plans for the domain.

ICANN’s reconsideration committee wanted to know whether the allocation program violated the .jobs charter by allowing registrants from outside the human resources community.

SHRM said it did not, but it did confirm that it does expect .jobs – which has so far been reserved for companies to list their own job vacancies – to be used in future for aggregated jobs sites operated by Employ Media.

Did the SHRM PD Council intend to enable the Registry (Employ Media) to register domain names in the .JOBS sTLD for the purpose of allowing third-party job postings on those sites? If so, please explain how this consistent with the .JOBS Charter.

Yes. The PD Council concluded, based on input from the Community, that this would serve the needs of the international human resource management community.

But when ICANN asked whether this means Monster.com, for example, would qualify, SHRM response was more vague.

Are independent job site operators (such as Monster.com) engaged in “human resources management” for the purpose of the definition set forth in the .JOBS Charter if the job site operator is advertising for jobs outside its own organization?

Independent job site operators provide a highly valued service to the international human resource management community.

The Coalition, in Burr’s letter, said the answers “simply ignore the responses sought by the direct questions of the [Board Governance Committee”.

Hart disputed this characterization of the answers.

Employ Media plans to allocate premium domains at first via an RFP process. It’s believed that the DirectEmployers Association is set to receive the lion’s share of the good domains for its universe.jobs plan.

.jobs opponents get to the point

Kevin Murphy, November 11, 2010, Domain Registries

The .JOBS Charter Compliance Coalition has sent off another ream of text to ICANN, spelling out more clearly its objections to Employ Media’s plan to open up the .jobs namespace.

The Coalition wants ICANN to reject the registry’s plan to allocate thousands of premium .jobs domain names to partners including the DirectEmployers Association.

While previous filings danced around the issue, the latest Coalition missive makes it a little clearer what its beef is: it thinks DirectEmployers’ universe.jobs plan is bogus and should be blocked.

The documents were filed as part of an ongoing Reconsideration Request. The Coalition wants ICANN to reverse its decision to approve the .jobs “Phased Allocation Program”.

The program allows Employ Media to allocate “non-companyname” .jobs domains via an RFP process and, later, auctions and regular sales.

But the Coalition thinks it is a smokescreen designed to enable universe.jobs, a planned free jobs board that would be fed traffic from possibly thousands of premium generic domains.

Its objection boils down to the fact that Employ Media seems to be planning to register these premium domains to itself and allow DirectEmployers, which probably would not be a qualified HR registrant under the .Jobs Charter, to “use” them.

As the Coalition puts it:

Employ Media states that it intends to solicit plans under the Program “which may create a self managed class of domains registered in Employ Media’s name.” Presumably, in this “self-managed” scenario, Employ Media would register the domain names itself, and permit third parties to “use” the domains even if those third parties could not register them consistent with the Charter.

What we seem to have here is a case of a registry planning to monetize its premium domains by running them itself, in order to compete with companies that are barred from becoming registrants themselves.

This bothers the Coalition’s members, which all run jobs sites but would not qualify to register premium domains under the .Jobs Charter.

For Reconsideration Requests to be successful, the requester has to show that ICANN’s board did not have all the facts at its disposal, or failed to consider them, when it made its decision.

Having read through the recently published minutes and board briefing materials from the meeting at which the program was approved, the Coalition thinks it now has a stronger case.

Its latest filing accuses ICANN of failing to adequately investigate Employ Media’s claims about its program and of brushing off critics as “a bunch of sore losers that were afraid of a little competition”.

Referring to the universe.jobs plan and the “self-managed” domains, the Coalition wrote:

There is no indication that the ICANN Staff provided the Board with any analysis of this critical issue, or that the Board considered this material issue

It also wonders aloud whether the Board was even aware of the universe.jobs plan when the allocation program was approved back in August.

I may be reading it incorrectly, but it appears that ICANN’s board governance committee, which handles Reconsideration Requests, may be coming around to the Coalition’s way of thinking.

The BGC recently sent Employ Media’s sponsor, the Society For Human Resource Management, a list of questions about the program, including this one:

Did the SHRM PD Council intend to enable the Registry (Employ Media) to register domain names in the .JOBS sTLD for the purpose of allowing third-party job postings on those sites? If so, please explain how this consistent with the .JOBS Charter.

I’ll be interested in reading its response.

DirectEmployers calls shenanigans on .jobs outcry

The DirectEmployers Association has gone on the offensive in the continuing battle over the .jobs liberalization, accusing its detractors of conducting an “astroturf” campaign.

Bill Warren, founder and executive director of the DEA, has filed comments to ICANN here.

He accuses the International Association of Employment Web Sites of conducting “nothing less than a smear campaign using modern day technology such as e-mail, blogs, and twitter”.

He’s referring to the scores of letters and emails that have arrived at ICANN over the last week, criticizing .jobs registry Employ Media’s proposal to drop the rule that only company names are allowed in the .jobs namespace.

Jobs sites, in particular, are pissed that Employ Media plans to hand over tens of thousands of premium generic .jobs domains to the DEA to use as gateways to a massive new jobs board, rather than open them up for general registration.

If you currently run a jobs site at NewYorkJobs.com or NursingJobs.com, for example, you would be unable to register NewYork.jobs or Nursing.jobs.

The DEA would likely own both of these domains, along with thousands of others, a situation described by one commenter as a “big giant SEO scam“.

Warren’s letter generally avoids discussing the merits of this plan, instead focusing on attacking its critics’ tactics.

the overwhelming majority of opposing comments – and we’ve reviewed each – clearly indicate no review of the substantial body of work that comprises the RSEP [Registry Services Evaluation Process] submission by Employ Media

It’s true that the majority of the letters include at least some form text created by Steven Rothberg of CollegeRecruiter.com, one of the key individuals behind the IAEWS campaign.

The letters are generally less spammy than similar letter-writing campaigns conducted during the recent .xxx controversy, however, with many writers attempting to add their own two cents.

(Speaking of .xxx, Warren claims that IAEWS has hired the same lawyer who represented .xxx registry ICM. I’m guessing he means Becky Burr of Wilmer Cutler Pickering Hale and Dorr, but I’m waiting for confirmation of that)

Warren believes that the Society of Human Resource Management, the sponsor and policy-maker for the .jobs domain, “managed a policy development process to arrive at a bottom up, consensus recommendation in the interests of the specific community .jobs exists to serve”.

According to ERE.net, the HR news site that has been doing a far better job of reporting this story than me, this SHRM policy council has been pretty much asleep at the wheel, and may even have been captured. Warren himself apparently used to chair it.

Personally, as somebody with no horse in this race, I merely find it distasteful that Warren is complaining so vehemently about jobs boards having their say in the ICANN process, when the SHRM process deliberately excluded their opinions from its outreach.

The SHRM survey (pdf) filed in support of the .jobs proposal specifically says: “Consultants were also not included in this universe, so that companies specializing in providing job search engines/job boards could not distort the responses from practicing HR professionals.”

The Employ Media proposal to change its contract has already passed an ICANN competition review, so I’m not sure there are any documented ways it can be killed off under the RSEP, although the board will still have to vote on it.

Employ Media asks ICANN for a .jobs landrush

The company behind the .jobs sponsored top-level domain wants to loosen the shackles of sponsorship by vastly liberalizing its namespace.

Employ Media has applied (pdf) to ICANN to get rid of the current restrictions on .jobs domain ownership and open hundreds of thousands of strings to the highest bidder.

The registry wants to amend its contract with ICANN to cut the text that limits .jobs domains to the exact match or abbreviation of a company name, and add:

Domain registrations are permitted for other types of names (e.g., occupational and certain geographic identifiers) in addition to the “company name” designation.

Employ Media is basically asking for the right to open the floodgates to a complete relaunch of the .jobs TLD with very few restrictions on who can register and what strings they can register.

Phase One of the relaunch would be an RFP “to invite interested parties to propose specific plans for registration, use and promotion of domains that are not their company name”.

It sounds a little like the current .co Founders Program, or the marketing initiatives Afilias and Neustar asked for to supplement the auction of their single-character domains.

In practice, I expect that this first phase is when the DirectEmployers Association would expect to grab hundreds of thousands of .jobs domains under its universe.jobs business plan, in which it intends to offer job listings tailored to “city, state, geographic region, country, occupation [and] skill”.

Phase Two would see your basic landrush auction of any premium domains left over.

Phase three would be “A first-come, first-served real-time release of any domains not registered through the RFP or auction processes.”

While I have no strong views on the merits of this particular proposal, I do think that the application and ICANN’s response to it could wind up setting the template for how to operate a bait-and-switch in ICANN’s forthcoming round of new TLD applications.

If you say you want to do one thing with your TLD, and later decide you could make more money doing another, how much will ground will ICANN give when it comes to renegotiating your contract? It will be interesting to find out.

Reactions so far from the HR community have not been positive.

Steven Rothberg of CollegeRecruiter.com wrote that the process by which Employ Media’s sponsor, the Society for Human Resource Management, approved the new proposal “stunk”.

“The only winner here is Employ Media,” he wrote.

Comments posted at ERE.net, which has been on top of this story from the beginning, express what could be easily described as outrage over Employ Media’s plans.

The comment posted by Ted Daywalt of VetJobs.com is especially worth a read.

The Employ Media proposal has been submitted under ICANN’s Registry Services Evaluation Process, which allows comments to be submitted.

.jobs seeks comment on dictionary domains

The sponsor organization behind the restricted .jobs domain is soliciting comment on a plan to substantially liberalize the TLD, allowing generic and two-letter registrations.

The Society For Human Resource Management has published a very brief survey, asking HR folk what they think the pros and cons to the plan might be.

The .jobs domain is run by Employ Media. It’s currently restricted to companyname.jobs registrations, and as such has been predictably unsuccessful.

Now Employ Media wants to branch out into geographical and generic domains. As I reported last month, it looks like it’s trying to remove essentially all of its significant registration restrictions.

The attempt at a policy shift follows a deal made with DirectEmployers Association to monetize geographic domains that raised eyebrows at ICANN late last year.

ERE.net has more here.

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