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.xxx to get lower ICANN fees, accept the URS

Kevin Murphy, October 14, 2016, Domain Registries

ICM Registry has negotiated lower ICANN transaction fees as part of a broad amendment to its Registry Agreement that also includes new trademark protection measures.

The company’s uniquely high $2 per-transaction fee could be reduced to the industry standard $0.25 by mid-2018.

As part of the renegotiated contract, ICM has also agreed to impose the Uniform Rapid Suspension policy on its registrants.

URS is the faster, cheaper version of UDRP that allows trademark owners to have domain names suspended in more clear-cut cases of cybersquatting.

The $2 fee was demanded by ICANN when ICM first signed its RA in 2011.

At the time, ICANN said the higher fee, which had doubled from a 2010 draft of the contract, was to “account for anticipated risks and compliance activities”.

The organization seemed to have bought into the fears that .xxx would lead to widespread misuse — something that has noticeably failed to materialize — and was expecting higher legal costs as a result.

The companion TLDs .adult, .porn and .sex, all also managed by ICM, only pay $0.25 per transaction.

The overall effects on registrants, ICANN and ICM will likely be relatively trivial.

With .xxx holding at roughly 170,000 domains and a minimal amount of inter-registrar transfer activity, ICM seems to be paying ICANN under $400,000 a year in transaction fees at the moment.

Its registry fee is usually $62, though a substantial number of domains have been sold at lower promotional pricing, so the cost to registrants is not likely to change a great deal.

The reduction to $0.25 would have to be carried out in stages, with the earliest coming this quarter, and be reliant on ICM keeping a clean sheet with regards contract compliance.

Under the deal, ICM has agreed to adopt many of the provisions of the standard Registry Agreement for 2012-round gTLDs.

One of those is the URS, which may cause consternation among domainers fearful that the rights protection mechanism may one day also find its way into the .com registry contract.

ICM has also agreed to implement its existing policies on, for example, child abuse material prevention, into the contract as Public Interest Commitments.

The RA amendment is currently open for public comment at ICANN.

URS fight brewing at ICANN 53

Should the Uniform Rapid Suspension process spread from new gTLDs to incumbent gTLDs, possibly including .com?

That’s been the subject of some strong disagreements during the opening weekend of ICANN 53, which formally kicks off in Buenos Aires today.

During sessions of the Generic Names Supporting Organization and the ICANN board and staff, ICANN was accused of trying to circumvent policy-making processes by forcing URS into the .travel, .pro and .cat registry agreements, which are up for renewal.

ICANN executives denied doing any such thing, saying the three registries volunteered to have URS included in their new contracts, which are modeled on the standard new gTLD Registry Agreement.

“It’s just something we’ve suggested and they’ve taken up,” said Cyrus Namazi, ICANN’s vice president of domain name services.

If a registry wants to increase the number of rights protection mechanisms in its gTLD, why not let them, ICANN execs asked, pointing out that loads of new gTLDs have implemented extra RPMs voluntarily.

ICANN admits that it stands to benefit from operational efficiencies when its registry agreements are more uniform.

Opponents pointed out that there’s a difference between Donuts, say, having its bespoke, voluntary Domain Protected Marks List, and bilaterally putting the URS into an enforceable ICANN contract.

URS is not a formal Consensus Policy, they say, unlike UDRP. Consensus Policies apply to all gTLDs, whereas URS was created by ICANN for new gTLDs alone.

Arguably leading the fight against URS osmosis is Phil Corwin, counsel for Internet Commerce Association, which doesn’t want its clients’ vast portfolios of .com domains subject to URS.

He maintained over the weekend that his beef was with the process through which URS was making its way into proposed legacy gTLD contracts.

It shouldn’t be forced upon legacy gTLDs without a Consensus Policy, he said.

While the GNSO, ICANN staff and board spent about an hour talking about “process” over the weekend, it was left to director Chris Disspain to point out that that was basically a smokescreen for an argument about whether the URS should be used in other gTLDs.

He’s right, but the GNSO is split on this issue in unusual ways.

Corwin enjoys the support of the Business Constituency, of which he is a member, in terms of his process criticisms if not his criticisms of RPMs more generally.

ICA does also have backing from some registrars (which bear the support costs of dealing with customers affected by URS), from the pro-registrant Non-Commercial Stakeholders Group, and from groups such as the Electronic Frontier Foundation.

The Intellectual Property Constituency thinks that the process is just fine — .travel et al can sign up to URS if they want to.

While the registries have not yet put forward a joint position, the IPC’s view has been more or less echoed by Donuts, which owns the largest portfolio of new gTLDs.

The public comment period for the .travel contract ended yesterday. Comments can be read here. Comment periods on .cat and .pro close July 7.

Two more legacy gTLDs agree to use URS

The registries behind .pro and .cat have agreed to new ICANN contracts with changes that, among other things, would bring the Uniform Rapid Suspension policy to the two gTLDs.

Both gTLD Registry Agreements expire this year. Proposed replacement contracts, based heavily on the base New gTLD Registry Agreement, have been published by ICANN for public comment.

They’re the second and third pre-2012 gTLDs to agree to use URS, which gives trademark owners a simpler, cheaper way to have infringing domains yanked.

Two weeks ago, .travel agreed to the same changes, which drew criticisms from the organization that represents big domain investors.

Phil Corwin of the Internet Commerce Association is worried that ICANN is trying to make URS a de facto consensus policy and thereby bring it to .com, which is still where most domainers have most of their assets.

Following DI’s report about .travel, Corwin wrote last week:

this proposed Registry Agreement (RA) contains a provision through which staff is trying to preempt community discussion and decide a major policy issue through a contract with a private party. And that very big issue is whether Uniform Rapid Suspension (URS) should be a consensus policy applicable to all gTLDs, including incumbents like .Com and .Net.

ICANN needs to hear from the global Internet community, in significant volume, that imposing the URS on an incumbent gTLD is unacceptable because it would mean that ICANN staff, not the community, is determining that URS should be a consensus policy and thereby undermining the entire bottom-up policy process. Domain suspensions are serious business – in fact they were at the heart of the SOPA proposal that inspired millions of emails to the US Congress in opposition.

The concern about .com may be a bit over-stated.

Verisign’s current .com contract is presumptively renewed November 2018 provided that it adopts terms similar to those in place at the five next-largest gTLDs.

Given that .net is the second-largest gTLD, and that .net does not have URS, we’d have to either see .net’s volume plummet or at least five new gTLDs break through the 15 million domains mark in the next three years, both of which seem extraordinarily unlikely, for .com to be forced to adopt URS.

However, if URS has become an industry standard by then, political pressure could be brought to bear regardless.

Other changes to .pro and .cat contracts include a change in ICANN fees.

While .pro appears to have been on the standard new gTLD fee scheme since 2012, .cat is currently paying ICANN $1 per transaction.

Under the new contract, .cat would pay $0.25 per transaction instead, but its annual fixed fee would increase from $10,000 to $25,000.

URS coming to .travel under big contract changes

The .travel gTLD, which was approved 10 years ago, will have to support the Uniform Rapid Suspension service, one of several significant changes proposed for its ICANN contract.

I believe it’s the first legacy gTLD to agree to use URS, which gives trademark owners a way to remove domain names that infringe their marks that is quicker and cheaper than UDRP.

Tralliance, the registry, saw its .travel Registry Agreement expire earlier this month. It’s been extended and the proposed new version, based on the New gTLD Registry Agreement, is now open for public comment.

While the adoption of URS may not have much of a direct impact — .travel is a restricted TLD with fewer than 20,000 names under management — it sets an interesting precedent.

IP interests have a keen interest in having URS cover more than just 2012-round gTLDs. They want it to cover .com, .org, .net and the rest too.

Domain investors, meanwhile, are usually cautious about any changes that tilt the balance of power in favor of big brands.

When .biz, .org and .info came up for renewal in 2013, the Intellectual Property Constituency filed comments asking for URS to be implemented in the new contracts, but the request was not heard.

I’m aware of two ccTLDs — .pw and .us — that voluntarily adopted URS in their zones.

Other changes include a requirement for all .travel registrars, with the exception of those already selling .travel domains, to be signatories of the stricter 2013 Registrar Accreditation Agreement.

That’s something Afilias and Neustar only agreed to put in their .info and .biz contracts if Verisign agrees to the same provisions for .com and .net.

The fees Tralliance pays ICANN have also changed.

It currently pays $10,000 in fixed fees every year and $2 per billable transaction. I estimate this works out at something like $40,000 to $50,000 a year.

The proposed new contract has the same fees as 2012-round new gTLDs — a $25,000 fixed fee and $0.25 per transaction. The transaction fee only kicks in after 50,000 names, however, and that’s volume .travel hasn’t seen in over five years.

Tralliance will probably save itself thousands under the new deal.

The contract public comment forum can be found here.

Uniform Rapid Suspension comes to .us

Neustar is to impose the Uniform Rapid Suspension policy on the .us ccTLD.

This means trademark owners are going to get a faster, cheaper way to get infringing .us domains taken down.

From July 1, all existing and new .us names will be subject to the policy.

Neustar’s calling it the usRS or .us Rapid Suspension service, but a blog post from the company confirms that it’s basically URS with a different name.

It will be administered by the National Arbitration Forum and cost mark owners from $375 per complaint, just like URS.

Neustar becomes the second ccTLD operator to support URS after PW Registry’s .pw, which implemented it from launch.

URS and usRS only permit domains to be suspended, not transferred to the mark owner, so there’s less chance of it being abused to reverse-hijack domains.

The burden of proof is also higher than UDRP — “clear and convincing evidence”.