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.sucks and ICANN not invited to Congressional hearing on .sucks and ICANN

Kevin Murphy, May 8, 2015, Domain Policy

The witness list in next week’s US Congressional hearing into .sucks and ICANN accountability does not feature .sucks or ICANN.

The eight witnesses are largely drawn from outspoken critics of both ICANN and Vox Populi, either companies or trade associations and lobby groups. It’s stacked heavily in favor of intellectual property interests.

The hearing is titled “Stakeholder Perspectives on ICANN: The .sucks Domain and Essential Steps to Guarantee Trust and Accountability in the Internet’s Operation”.

With hindsight, the “Stakeholder Perspectives” bit gives away the fact that the judiciary subcommittee holding the hearing is more concerned with listening to ICANN’s critics than ICANN itself.

Mei-lan Stark, a senior intellectual property lawyer from Fox and 2014 president of the International Trademark Association, tops the list.

A critic of the new gTLD program, in 2011 Stark told Congress that the first round of new gTLDs would cost Fox “conservatively” $12 million in defensive registration fees.

It will be interesting to see if any Congresspeople confront Stark about that claim, which appeared like a gross overstatement even at the time.

One company that has been enthusiastically embracing new gTLDs — as an applicant, registry, defensive and non-defensive registrant — is Amazon, which has VP of global public policy Paul Misener on the panel.

Amazon has beef with ICANN for siding with the Governmental Advisory Committee over the battle for .amazon, which Amazon has been banned from obtaining, so it’s difficult to see the company as an overly friendly witness.

Next up is John Horton, president of LegitScript, the company that certifies legitimate online pharmacies and backs the .pharmacy new gTLD.

LegitScript is in favor of greater regulation of the domain name industry in order to make it easier to shut down potentially dangerous web sites (though opponents say it’s more often more interested in protecting Big Pharma’s profit margins). This month it called for a ban on Whois privacy for e-commerce sites.

Steve Metalitz, counsel for the Coalition for Online Accountability (a lobbyist for the movie and music industries) and six-term president of the ICANN Intellectual Property Constituency, is also on the list.

Jonathan Zuck, president of ACT The App Association (aka the Association for Competitive Technology, backed by Verisign and other tech firms) is on the list.

NetChoice director Steve DelBianco is also showing up again. He’s an ICANN hearing mainstay and I gather with this appearance he’ll be getting the final stamp on his Rayburn Building Starbucks loyalty card. That means a free latte, which is always nice.

Internet Commerce Association counsel Phil Corwin is a surprise invitee. ICA represents big domainers and is not a natural ally of the IP side of the house.

Bill Woodcock, executive director of Packet Clearing House, rounds off the list. PCH might not have instant name recognition but it provides Anycast DNS infrastructure services for scores of ccTLDs and gTLDs.

The committee hearing will take place at 10am local time next Wednesday.

A second hearing, entitled “Stakeholder Perspectives on the IANA Transition” will be held four hours later by a subcommittee of the House Energy & Commerce committee. The witnesses for that one have not yet been announced.

It’s going to be a busy day for ICANN bods on Capitol Hill.

Congress to put .sucks on trial

Kevin Murphy, May 6, 2015, Domain Policy

The US Congress is to hold a hearing to look into the .sucks gTLD and ICANN accountability.

A hearing entitled “Stakeholder Perspectives on ICANN: The .sucks Domain and Essential Steps to Guarantee Trust and Accountability in the Internet’s Operation” has been scheduled by the House Subcommittee on Courts, Intellectual Property, and the Internet

It will take place in Washington DC next Wednesday, May 13.

The list of witnesses does not yet appear to have been published.

I would guess we’d be looking at, at the very least, somebody senior from ICANN, somebody senior from .sucks registry Vox Populi, and an intellectual property lawyer.

It was ICANN’s Intellectual Property Constituency that complained about .sucks’ sunrise policies and fees, causing ICANN to refer the matter to US and Canadian trade regulators.

The title of the House hearing suggests that the .sucks controversy will be inextricably tied to the broader issue of ICANN accountability, which is currently undergoing a significant review as ICANN seeks to split permanently from US government oversight.

That’s not great optics for ICANN; I’m sure the organization would rather not have its performance judged on what is quite an unusual edge case emerging from the new gTLD program.

“Naked aggression” or genius? .sucks trolls trademark event

.sucks registry Vox Populi has annoyed intellectual property interests by trolling a trademark conference with a .sucks mobile billboard.

As tweeted by corporate registrar Marksmen, which described the move as “naked aggression”, attendees to the International Trademark Association conference in San Diego, California saw this roaming the streets this weekend.

Vox Pop also has a booth at INTA 2015.

The company says .sucks is an opportunity for brands to engage more effectively with their customers, but most IP interests think it looks more like extortion.

The high annual $2,000+ sunrise fee has a lot to do with that, as does the special “Sunrise Premium” list of trademarks that will always incur similarly high prices.

Update: According to a reader, who submitted this photo, Vox Pop is also giving out free .sucks-branded condoms.

ICANN reports .sucks to the FTC over “predatory” pricing

ICANN has referred .sucks registry Vox Populi to the US Federal Trade Commission over concerns from intellectual property owners that its pricing is “predatory”.

The organization has asked the FTC and the Canadian Office of Consumer Affairs to determine whether Vox Pop is breaking any laws.

It asks both agencies to “consider assessing and determining whether Vox Populi is violating any laws or regulations enforced by your respective offices”.

If it is determined that laws are being broken, ICANN said it would be able to “enforce remedies” in the .sucks registry agreement.

ICANN goes on to say that it is “evaluating other remedies” in the registry’s contract.

The shock news comes two weeks after the Intellectual Property Constituency of ICANN complained that Vox Pop’s $2,000 sunrise fee is just a “shakedown scheme”.

The IPC said March 27 it was:

formally asking ICANN to halt the rollout of the .SUCKS new gTLD operated by Vox Populi Registry Inc. (“Vox Populi”), so that the community can examine the validity of Vox Populi’s recently announced plans to: (1) to categorize TMCH-registered marks as “premium names,” (2) charge exorbitant sums to brand owners who seek to secure a registration in .SUCKS, and (3) conspire with an (alleged) third party to “subsidize” a complaint site should brand owners fail to cooperate in Vox Populi’s shakedown scheme.

The IPC is also pissed off that there’s a Sunrise Premium fee that applies to the most famous brands, regardless of when they register.

Vox Pop CEO John Berard told DI tonight that the company’s pricing and policies are “well within the rules”, meaning both ICANN’s rules and North American laws.

He asked why ICANN has referred the matter to the FTC, given that Vox Populi is a Canadian company.

He said that a senior ICANN executive had told him it was because many IPC members are US-based. He described this as “appeasement” of the IPC interests.

Greg Shatan, president of the IPC, whose letter sparked ICANN’s outreach to the FTC and OCA, said that the word “justice” is more appropriate than “appeasement”. He told DI tonight:

We’re looking forward to the FTC and OCA taking a look at Vox Populi’s behavior. And there’s lots to look at. The punitive TMCH Sunrise, where a “rights protection mechanism” intended to protect trademark owners has been turned into a scheme to extort $2,500 and up… The eternal Sunrise Premium of the far-from-spotless .SUCKS registry. The mysterious “everybody.sucks” — purportedly a third party, purportedly providing a “subsidy” to registrant — would anyone be surprised if that was a sham?

With reference to the FTC referral, Shatan also told DI tonight:

I don’t think ICANN wants to waste the FTC’s time. It’s far more rational to think that ICANN informed the FTC because Vox Populi’s activities are within the jurisdiction of the FTC. Mr. Berard’s remarks seem to indicate that he believes that Vox Populi operates beyond the reach of US laws.

With a tech contact in Bermuda and an admin contact in the Caymans, that may have been Vox Pop’s intention. Vox Pop may be operating outside US laws, but I doubt they are operating beyond their reach.

Vox Populi is incorporated in Canada, hence ICANN’s outreach to the Canadian regulator. According to its gTLD application, its only 15%+ owner is Momentous, another Canadian company.

But its IANA record lists an address in Bermuda for its technical contact and Uniregistry’s office in Grand Cayman as its administrative address.

There’s been rumors for months that Uniregistry or CEO Frank Schilling helped bankroll Vox Populi’s participation in the .sucks auction, which saw it splash out over $3 million.

ICANN is asking the US and Canadian agencies to respond to its letter with “urgency”, as .sucks is currently in sunrise and is due to go to general availability May 29.

Trademark owners and celebrities are already registering their names in the .sucks sunrise period.

ICANN confirmed in a separate letter today to IPC chair Greg Shatan that Vox Pop has paid ICANN a unique $100,000 start-up fee, and has promised to pay an extra $1 per transaction, due to now-defunct Momentous subsidiaries defaulting on “substantial payments”.

As DI reported last week, ICANN says that the fee is “not related to the nature” of .sucks, but it could give the appearance that ICANN is a beneficiary of the .sucks business model.

This article was published quite quickly after the news broke. It was updated several times on April 9, 2015. It was updated with background material. It was then updated with comments from Vox Pop. It was then updated with comments from the IPC. Later commenters had the benefit of reading earlier versions of this post before they submitted their comments.

Kevin Spacey among first .sucks buyers

Kevin Spacey, Google, Apple and Microsoft are among the first to buy .sucks domains in apparent attempts to protect their reputations.

Vox Populi Registry, which took .sucks to its sunrise period on Monday, has started publishing the names of sunrise registrants on its web site.

Names scrolling past on a ticker stream this morning include kevinspacey.sucks, gmail.sucks, siri.sucks and windowsphone.sucks.

Other brands to register so far include Instagram, WordPress, Bank of America, Wells Fargo and Wal-Mart.

The dominant registrars on the ticker are MarkMonitor, CSC and LexSynergy, which all specialize in brand protection.

It’s notable that some of the registered strings are secondary brands covering products and services, rather than merely the company’s name.

That could suggest that trademark owners are being somewhat aggressive in their defensive registrations in .sucks.

Actor Kevin Spacey, the only celebrity I spotted on the ticker, has a track record of protecting his personal brand online.

In 2002, he won a cybersquatting complaint over kevinspacey.com, which is now his official web site.

Spacey… well, let’s just say he has been the subject of many speculative media reports over the years. We have mutual acquaintances and from what I hear I can see why he wouldn’t want his brand in third-party hands.

UPDATE: Taylor Swift’s people, who made headelines a few weeks ago by buying taylorswift.porn, have also acquired taylorswift.sucks via MarkMonitor.