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How to make $10,000 from .xxx domains

Kevin Murphy, May 7, 2012, Domain Policy

The policy body overseeing .xxx domain names plans to dish out grants of up to $10,000 to worthy causes.
The International Foundation For Online Responsibility expects to launch a new IFFOR Grants Program on June 1, according to a March announcement I only just noticed.
According to IFFOR, the grants will be capped at $10,000 per individual or organization and will be given to those who contribute to IFFOR’s four official policy goals:

Fostering communication between the Sponsored Community and other Internet stakeholders
Protecting free expression rights as defined in the United Nations Declaration of Human Rights
Promoting the development and adoption of responsible business practices designed to combat online child abuse images and to support user choice and parental control regarding access to online adult entertainment, and
Protecting the privacy, security, and consumer rights of consenting adult consumers of online adult entertainment goods and services

It seems like a pretty good opportunity for free speech advocacy groups to top up their funding.
ICM Registry, the .xxx manager, gives IFFOR $10 per year for every resolving .xxx domain name registered.
Its funding is therefore very likely approaching the $1.5 million mark in the hundreds of thousands of dollars right about now.

ICANN budgets for 2,000 new gTLDs

Kevin Murphy, May 2, 2012, Domain Policy

ICANN could net $150 million from a 2,000-application new gTLD round.
That’s according to a proposed budget published for comment last night, which for the first time contemplates more than 500 new generic top-level domain applications.
The budget also contains budgets for 500-application and 1,000-application rounds.
But with ICANN revealing this week that it has 1,268 registered users of its TLD Application System, 2,000 applications is beginning to look extremely plausible.
ICANN would receive $368 million in fees from a 2,000-app round, according to the budget, of which an estimated $33 million would be returned in refunds when applicants withdraw.
But the operating cost of the program would only come in at $156 million – slightly cheaper on a per-application basis than a 500-app round due to volume discounts from its contractors.
What happens to the rest of the money?
About $30 million is returned to the ICANN contingency fund to recoup program development costs. A $31 million surplus could be considered “profit” – it’s budgeted as an increase in net assets.
But the majority – $120 million – is budgeted to the amorphous “risk costs” line item.
The risk fund – sometimes flippantly referred to as the legal war chest – was budgeted to cover unanticipated costs such as delays and litigation.
ICANN evidently does not anticipate any economies of scale here. The $120 million in the budget is a simple multiple of the $30 million it said it needed to cover risk in a 500-application round.
It’s quite possible that ICANN won’t even need to dip into the risk fund, or that it might only need to withdraw a small amount, which would leave it sitting on an embarrassingly large wedge of cash.
The organization has yet to decide how its surplus would be deployed, but it’s going to be kept in a separate bank account and accounted for separately.

ICANN cancels Fridays. Bad for transparency.

Kevin Murphy, May 2, 2012, Domain Policy

ICANN’s next public meeting, and all its public meetings thereafter, will be a day shorter than usual, following a decision to cancel the regular Friday morning program.
No Friday means no public meeting of the board of directors.
While the move is being characterized as an effort to enhance the effectiveness of ICANN’s board – a particular concern, frequently voiced, of chairman Steve Crocker – it’s also a perplexing shift away from ICANN’s core tenet of transparency.
One of the effects could be to mask dissent on the board.
From now on, it appears that all of ICANN’s top-level decision-making will happen in private.
Instead of wrapping up each public meeting with a board session at which resolutions get voted on, each meeting will instead be book-ended by less formal “community sessions”.
During these sessions, the board will apparently report to attendees about what it has been doing since the last meeting and what it plans to do before the next meeting.
Crocker said in a statement:

We believe that the removal of the Friday public Board meeting and its replacement with two Board community sessions will improve the effectiveness of both the Board and the staff and increase the time that the Board has to interact with the community.

That may well be true — time will tell — but let’s look at what the ICANN community is almost certainly losing.
First, there will be no more transcripts of board meetings at all.
Today, only the public meetings have published recordings and transcripts. Intersessional meetings are minuted, but not transcribed. If recordings are made, they are not published.
Killing off transcripts completely is a pretty obvious step backwards for an organization committed by its bylaws to “operate to the maximum extent feasible in an open and transparent manner”.
Second, if there is dissent on the board, it will be essentially shielded from the community’s view for some time after the fact.
Take, for example, the approval of the new gTLD program or the approval of ICM Registry’s .xxx contract – the two most controversial decisions ICANN made in 2011.
In both cases, certain directors read prepared statements into the record harshly criticizing the majority view.
In March 2011, for example, George Sadowsky stated that ICM’s purported community support for .xxx was “illusory” and that approving the TLD could lead to DNS Balkanization.
And with new gTLDs last June, Mike Silber abstained in the belief that the program was incomplete and that the vote had been scheduled “based on artificial and ego-driven deadlines”.
In both cases, the ICANN community heard the dissenting views – in person, webcast, recorded and transcribed – moments before the vote actually took place.
With no public board meetings, it seems likely that in future that we’re going to have to wait a week to read the voting record for any given resolution and a month or more to read directors’ statements.
Under ICANN’s bylaws, the voting record, which breaks down who voted for and against resolutions, is contained in a preliminary report that is not published for seven days after the vote.
Also under the bylaws, directors’ voting statements are not published until the minutes of the meeting are approved at the board’s next meeting, typically one to two months later.
If the new procedures had been in effect last year, the statements of Sadowsky and Silber would not have been published for over a month after they were made.
With that in mind, it’s clear that killing off the public board meetings could in no way be seen as a positive step for transparency at ICANN.
It’s true that these meetings have for several years been pure theater, but it was theater with value.

New gTLDs now a month behind schedule

Kevin Murphy, April 28, 2012, Domain Policy

ICANN has announced yet another delay in its new generic top-level domains program.
Last night’s much-anticipated update on its efforts to deal with the fallout of the TLD Application System security bug merely deferred resolution of the problem for a week. Again.
The whole program is now essentially a month behind schedule.
Chief operating office Akram Atallah said in a statement:

ICANN will notify all applicants within the next seven business days whether our analysis shows they were affected by the technical glitch in the TLD application system.

Shortly after the notification process has been completed, we will announce the schedule for reopening the application system and completing the application period. We are mindful of the need to allow sufficient time during the reopening period for applicants to confirm the completeness of their submissions.

The seven business days for applicant notifications takes us to May 8.
It’s not clear whether TAS would reopen immediately after this, but I suspect we’re probably looking at a buffer of at least a day or two between the end of notifications and TAS coming back online.
ICANN has previously said that TAS will be open for five business days, to enable applicants to finish off their applications. This brings us to, at the very earliest, May 15.
The Big Reveal of the list of applications, I estimate, will come one to two weeks after that.
We’re essentially looking at a late May or early June finish to a process that should have ended in late April.
As a result, the entire timetable for evaluating, approving and delegating new gTLDs will likely also be pushed out by a month.
For applicants, the anticipated November 12 date for the completion of the first-batch Initial Evaluation phase is now likely to come some time in mid-December instead.
Unhelpfully, the deadlines for filing objections and requesting Extended Evaluation for first-batch applicants is now likely to fall around about January 1, 2013.
That’s assuming we do not see any more delays, of course, which I think would be optimistic.

Cops seize 36 carder domains

Kevin Murphy, April 26, 2012, Domain Policy

The FBI and UK Serious Organised Crime Agency have seized 36 domain names that were allegedly being used to sell compromised credit card information.
As well as seizing the domains and a number of computers, SOCA said it has arrested two men “suspected of making large scale purchases of compromised data” from the sites.
The sites all used what SOCA calls “automated vending cart” software to process the sale of credit card information. Judging by the video below, some of the operations were fairly professional.
One of the seized domains was cvvplaza.com. SOCA provided the following video which really has to be seen to be believed.

I wonder if the spokesmodel had any idea what she was getting into when she accepted this gig.
While the full list of domains was not released, a SOCA spokesperson said the breakdown by TLD was as follows:

.name – 2
.net – 11
.biz – 4
.us – 5
.com – 11
.org – 3

These are all TLDs whose registries are based in the United States, so I’m guessing the US authorities did the actual seizing.

ANA demands TAS bug probe

Kevin Murphy, April 25, 2012, Domain Policy

Never one to miss the chance for a bit of trouble-making, the Association of National Advertisers has demanded a full independent probe into ICANN’s TLD Application System bug.
Writing to ICANN today, ANA president Bob Liodice has pointed to the TAS outage – now in its 13th day – as an example of why the new gTLD program needs to be scaled back.
“Doesn’t this situation demonstrate the need for a pilot project/test roll-out of the new Top Level Domain process to resolve any such problems before a major roll-out?” he asks.
In a press release, he added:

We are urgently requesting that the Department of Commerce and its National Telecommunications and Information Administration (NTIA) exercise their oversight of ICANN and encourage ICANN to engage an independent IT expert to fully investigate this serious and inadequately explained vulnerability.

The ANA has of course been the loudest objector to the program, forming the Coalition For Responsible Internet Domain Oversight last year to lobby against the gTLD expansion.
Liodice’s latest letter puts 10 questions to ICANN, several quite sensible and precisely the kinds of things I plan to ask just as soon as ICANN changes its mind about doing media interviews.
But it also asks for the release of information ICANN has already provided or has said it intends to provide, such as the number of affected TAS users or the date of the first reported incident.
The ANA also does not appear to be aware that the ICANN board new gTLD subcommittee recently passed a resolution calling for more work on the defensive registration problem.
Liodice notes that ICANN has not responded to its demands for a “Do Not Sell” list that would enable brand owners to block others from registering their trademarks in the DNS.
You can read the letter in PDF format here.
ICANN currently plans to provide its next big update on the TAS outage before the end of Friday.

ICANN vows to fight TAS bug “monkey business”

Kevin Murphy, April 20, 2012, Domain Policy

ICANN chief security officer Jeff Moss has pledged to fully disclose what new gTLD application data was leaked to which users via the TLD Application System security bug.
Talking to ICANN media chief Brad White in a video interview, Moss said:

We’re putting everyone on notice: we know what file names and user names were displayed to what people who were logged in and when. We want to do this very publicly because we want to prevent any monkey business. We are able to reconstruct what file names and user names were displayed.

ICANN has been going through its logs and will know “very specifically” what data was visible to which TAS users, he said.
The bug, he confirmed, was related to file deletions:

Under certain circumstances that were hard to replicate users that had previously deleted files could end up seeing file names of users that had uploaded a file… Certain data was being revealed to users that were not seeking data, it was just showing up on their screen.

The actual contents of the files uploaded to TAS were not visible to unauthorized users, he confirmed. There are also no reasons to believe any outside attacks occurred, he said.
He refused to reveal how many applicants were affected by the vulnerability, saying that ICANN has to first double-check its data in order to verify the full extent of the problem.
The interview reveals that the bug could manifest itself in a number of different ways. Moss said:

The problem has several ways it can express itself… we would solve it one way and it would appear another way, we would solve it another way and it would appear a third way. At some point we were just uncomfortable that we understood the core issue and that’s when we took the system offline.

TAS was taken down April 12, just 12 hours before the new gTLD application window closed.
ICANN has been providing daily updates ever since, and has promised to reveal tonight when TAS will reopen for business, for how long, and whether April 30 Big Reveal day has been postponed.
Applicants first reported the bug March 19, but ICANN did not realize the extent of the problem until later, Moss said.

In hindsight now we realized the 19th was the first expression of this problem, but at the time the information displayed made no sense to the applicant, it was just random numbers… at that point there were no dots to connect.

Here’s the video:

US reopens IANA contract re-bid

Kevin Murphy, April 17, 2012, Domain Policy

ICANN’s key contract with the US government is open for proposals again, a month after ICANN was told its first bid wasn’t up to the expected standards.
The US National Telecommunications and Information Administration yesterday posted a revised request for proposals, looking for a new IANA contractor.
The IANA contract is what gives ICANN its operational powers over the domain name system root database.
Based on a quick comparison of the new RFP with the old, there have been few notable, substantial changes, giving little indication of why ICANN’s previous response fell short.
The RFP has a strong emphasis on accountability, transparency, separation of ICANN/IANA powers, conflicts of interest and the “global public interest”, as before.
While many of the requirements have been edited, clarified or shifted around, I haven’t been able to spot any major additions or subtractions.
The RFP now envisages a contract running from October 1, 2012 until September 30, 2015, with two two-year renewal options, bringing the expiry date to September 30, 2019.
The deadline for responses is May 31.
The current contract had been due to expire at the end of March but the NTIA unexpected extended it by six months just before ICANN’s meeting in Costa Rica kicked off last month.
The NTIA said it canceled the first RFP “because we received no proposals that met the requirements” but neither it nor ICANN has yet provided any specifics.
Over a month ago, at an ICANN press conference in Costa Rica, CEO Rod Beckstrom said: “We were invited to have a debriefing with [the NTIA] to learn more about this. Following that discussion we will share any information we are allowed to share.”
Since then, no additional information has been forthcoming.
The new RFP can be read here. For comparison, the old version can be downloaded here.

ICANN reopens defensive registration debate

Kevin Murphy, April 13, 2012, Domain Policy

ICANN’s board of directors wants more policy work done on the problem of defensive domain name registrations.
In a resolution passed at a meeting on Tuesday, the board’s newly created New gTLD Program Committee, made up exclusively of non-conflicted directors, said it:

directs staff to provide a briefing paper on the topic of defensive registrations at the second level and requests the GNSO to consider whether additional work on defensive registrations at the second level should be undertaken

The decision was made following the debate about “defensive” gTLD applications ICANN opened up in February, prompted by a letter from US Department of Commerce assistant secretary Larry Strickling.
That in turn followed the two Congressional hearings in December, lobbied for and won by the Association of National Advertisers and its Coalition for Responsible Internet Domain Oversight.
So this week’s decision is a pretty big win for the intellectual property lobby. It’s managed to keep the issue of stronger second-level trademark protection in new gTLDs alive despite ICANN essentially putting it to bed when it approved the new gTLD program last June.
The GNSO could of course decide that no further work needs to be done, so the champagne corks should probably stay in place for the time being.
At the same meeting on Tuesday, the ICANN board committee voted to disregard the GNSO Council’s recent decision to grand extra protections to the International Olympic Committee, Red Cross and Red Crescent movements. The rationale for this decision has not yet been published.

Facebook gTLD ruled out by ICANN director vote?

Kevin Murphy, April 12, 2012, Domain Policy

While Google recently confirmed its new top-level domain plans, an ICANN director has given a big hint that rival Facebook has not applied for any new gTLDs.
Director Erika Mann, head of EU policy at Facebook in Brussels, voted on ICANN’s “digital archery” method of batching new gTLD applications at the ICANN board meeting March 28.
Because ICANN’s new conflict of interest rules require directors to recuse themselves during votes on matters affecting their own businesses, this could be taken as a pretty strong indication that Facebook is not applying for a new gTLD.
If Mann was aware of a .facebook or other Facebook gTLD bid, I think there’s a pretty strong chance she would have not have participated in the digital archery decision.
At least one director whose employer is believed to have applied for a dot-brand gTLD, IBM’s Thomas Narten, did not attend the March 28 meeting.
Sébastien Bachollet, Steve Crocker, Bertrand de La Chapelle, Ram Mohan, George Sadowsky, Bruce Tonkin, Judith Vazquez, Suzanne Woolf and Kuo-Wei Wu also did not attend.
The March 28 board meeting was the first one with new gTLD program votes that Mann has participated in since the new conflict rules were introduced in December.
The news is obviously a couple of weeks old, but I think it’s worth mentioning now in light of the fact that social networking competitor Google revealed earlier this week that it will apply for some gTLDs.