First video of ICANN’s new gTLDs outreach

Here’s what I believe is the first publicly available video from ICANN’s ongoing new top-level domains marketing road-trip, which kicked off earlier this month.
CEO Rod Beckstrom, along with a small entourage of ICANN staffers, attended a breakfast panel discussion of new gTLDs at the London offices of PR company Edelman on September 20.
Also on the panel, moderated by Edelman’s Jonathan Hargreaves, were: Lesley Cowley, CEO of .uk registry Nominet; Lorna Gradden, director of brand-focused registrar Com Laude; and me.
There were roughly 75 people in the audience, which I’ve heard is somewhat more than showed up to similar ICANN panels in Berlin and Paris later in the week.
I know from conversations after the camera stopped rolling that a decent number of attendees were from outside the domain name industry – potential applicants – but the questions you’ll hear on the video pretty much all come from those with a closer interest in the new gTLD program.
As I’ve been reporting, ICANN is taking a softly-softly approach to outreach, saying it’s trying to “educate not advocate”, which is also evident in this video.
My main takeaway – and the story I would have written had I been in the audience taking notes rather than on the panel not – is that some of the recommendations of the JAS working group on new gTLD developing-world applicant support appear to be stillborn.
In the meantime, here’s all 68 minutes of the video.

Will URS really be as cheap as ICANN says?

I’m having a hard time believing that trademark holders will be able to enforce their rights in new top-level domains for just $300.
The Uniform Rapid Suspension policy (pdf) is one of the new systems ICANN is putting in place to deter cybersquatters from abusing trademarks in new gTLDs.
It’s very similar to the existing UDRP, but it’s quicker and it only deals with the suspension – not transfer – of infringing domain names.
No URS arbitration provider has yet been appointed, but ICANN’s Applicant Guidebook, which spells out the policy, currently estimates a price of $300 per single-domain filing.
At least twice during the newdomains.org conference in Munich this week I heard ICANN representatives quote a price between $300 and $500.
I’m wondering how realistic this is.
Typically, domain arbitration fees are split between the provider, which receives a third, and the panelist, who receives the remaining two thirds.
With a $300 fee, that’s $100 to the provider and $200 to the sole panelist – who must be an experienced trademark lawyer or similar – compared to a $500/$1,000 split with the UDRP.
My question is: how many trademark lawyers will get out of bed for $200?
The URS gives panelists between three and five days to come up with a decision, but I’m guessing that you’d be lucky, for $200, to buy three to five hours of a panelist’s time.
Even I charge more than $200 for half a day’s work.
The Rapid Evaluation Service recently introduced by ICM Registry, which serves essentially the same purpose as URS but for the .xxx gTLD, costs $1,300 in National Arbitration Forum fees.
Like URS, the RES is designed for a speedy turnaround – just three days for a preliminary evaluation – of clear-cut cybersquatting cases.
Like URS, complaints submitted using RES have a tight word-count limit, to minimize the amount of work panelists have to do.
With that in mind, it seems to me that a $300 fee for URS may be unrealistic. Even the $500 upper-end ICANN estimate may be optimistic.
It will be interesting to see if ICANN’s negotiating clout with likely URS providers is better than ICM’s and, more importantly, to see whether $200 is enough to buy consistent, reliable decisions from panelists.

As new gTLDs loom, ICANN expands

ICANN plans to upgrade its offices in California and Brussels to deal with anticipated staff growth as the new top-level domains program kicks off.
In a resolution passed late last week, the board of directors said that ICANN should start negotiating for more space at its current location, or to find a new location in Marina Del Rey.
It also resolved to lease a permanent office in Brussels, where it’s currently paying month-to-month at a Regus managed office facility.
Both resolutions are redacted of the specifics of price and locations of interest, presumably in order to not jinx ICANN’s negotiating position with its landlords.
ICANN employs 124 staff, and has job openings for 21 more, according to its latest CEO’s report. Many of its open positions are intended to support the new gTLD program.
Its fiscal 2012 budget includes $2.1 million to pay for its offices in Marina Del Rey, Brussels, Washington DC, Palo Alto and Sydney.
Also in Friday’s board meeting, ICANN approved the formation of a search committee to find itself a new CEO, following the announcement of Rod Beckstrom’s July 2012 departure.
The committee isn’t likely to be formed until the next meeting, in Dakar, October 28, so don’t all start typing up your resumes just yet.
The board also approved the appointment of new chief financial officer Xavier Calvez, who was named to the post on an interim basis earlier this month.
He will receive a salary of $250,000, with a 30% ($75,000) performance-based bonus. That’s compared to his predecessor’s $170,000 base and 20% bonus.

There’s a new new gTLDs Applicant Guidebook and it’s quite boring

ICANN has released the eighth version of the Applicant Guidebook for the new generic top-level domains program as promised, and as expected it’s rather dull.
Here it is.
By far the most important change appears to be the firm inclusion of a new deadline: March 29, 2012.
If you’re a new gTLD applicant, and you have not registered with ICANN’s TLD Application System by 2359 UTC, March 29, 2012, you’re done – your application fails at the starting blocks.
Apart from that, there does not appear to be much to get excited about.
The long gap since the program was approved by the ICANN board on June 20 had some people scratching their heads, wondering whether major changes were in store.
But what’s been published tonight appears to differ very little from the draft published in May, and most of the edits are those specifically envisaged by the June resolution.
It has, for example, been updated to reflect some of the Governmental Advisory Committee’s requests that ICANN’s board of directors acceded to in Singapore.
There’s no longer a requirement for the GAC to reach consensus in a transparent way when it deliberates about new gTLD objections.
There’s also almost 40 new strings – variants of the Olympic, Olympiad, Red Cross and Red Crescent trademarks – that are now explicitly banned from the first round of gTLD applications. These are being called “Strings Ineligible for Delegation”, rather than “Reserved” strings.
(As an aside, while it’s easy to understand the GAC’s rationale for this, does it strike anyone else as a completely pointless move? The gTLD .olympic may be now banned, but the far better and more obvious squat, .olympics, is not.)
No redline version of the Guidebook – in which all the edits are highlighted – has yet been published, but ICANN has released a non-exhaustive document summarizing the changes here.
Not included in that summary is ICANN president Rod Beckstrom’s new introduction, which addresses the latest batch of criticisms leveled at the program (such as the perceived lack of publicity since June and the unfinished applicant support policy).
It also drops the “Dear Prospective Applicant” salutation found in previous versions of the Guidebook, which probably doesn’t mean anything.
The disclaimer that the Guidebook has not been approved has also disappeared. While the document could be considered a production copy, it by no means presents a full picture of the program
Some of the items of unfinished business I outlined in this article last month remain unfinished.
The aforementioned applicant support program, for example, is not likely to be approved until the ICANN board’s meeting in Dakar, October 28.
The new Guidebook explicitly punts this, now saying it will be handled “through a process independent of this Guidebook”.
The Singapore promise that ICANN would continue discussing the US and EU government concerns about cross ownership between registrars and registries does not appear to have led to any edits either, but that does not necessarily mean it’s settled law.
Also, the process the GAC will use internally to decide whether to raise objections to gTLD applications is still not known.
In summary, it appears that we have an Applicant Guidebook that is “approved”, but is unlikely to be the “final” version.

New gTLD events in London this week

If you’re in London, UK today or tomorrow, there are a couple of events relating to the new top-level domains program you may wish to attend.
Tonight, ICANN president Rod Beckstrom is hosting an informal gathering for UK domain name geeks and internet governance wonks from 5.30pm at the POP Bar of the Hilton Park Lane Hotel.
It’s an open-invitation event so, despite rumors I’ve seen on Twitter, I’m 99% certain it will not be a free bar.
I’m going anyway.
Tomorrow morning, there’s going to be a panel discussion and Q&A session on new gTLDs at the offices of the PR company Edelman.
Panelists include Beckstrom, Nominet chief executive Lesley Cowley, Com Laude director Lorna Gradden, and me. It’s being chaired by Edelman’s Jonathan Hargreaves.
Breakfast is served at 8am, and the panel runs from 8.30am until 10am. It’s an RSVP event, but I believe the venue holds 150, so there’s bound to be still plenty of available seats.
RSVP details can be found here.
Hopefully it will be an interesting discussion. If you’re attending and would like to introduce yourself, at these kinds of things I’m usually the guy looking vaguely out of place.

Watch ICANN’s president explain his departure

Rod Beckstrom explained his decision to leave ICANN next year, and gave a status report on the new top-level domains program, in a recent video.
The interview with ICANN freelancer Jim Trengrove was taped August 31 and uploaded to an ICANN video channel, but does not appear to have been made easily viewable anywhere yet.
In it, Beckstrom gives his version of events leading up to his August 16 resignation announcement, which some interpreted as a decision made by the ICANN board.
“I was only willing to make a three-year commitment in the first place and that’s what we came up with,” Beckstrom says. “We had some discussions with the board to make some contract changes and we did not come to agreement so I decided not to seek renewal.”
“The last thing I wanted to do was leave this organization in the lurch,” he says, explaining the early announcement. “As soon as I made my decision I decided the very next day to communicate that.”
The 16-minute video also gives a quick update into the gTLD program.

“Is ICANN ready?” Trengrove asks (a question I posed myself the very same day). Beckstrom responds:

ICANN is preparing very well for the program… There’s a lot of work to get done every single day still to prepare this program for the January 12 launch, but I’m pleased to say I think the team is performing and I think we will be ready. At the same time, it is going to put more visibility on ICANN and bring new pressures so it’s hard to say exactly how ICANN will respond to all those but I think all the preparation to run a proper program is being put in place.

At the time the video was taped, the growing anti-gTLDs campaign from the advertising industry was already well-evident, which may be what Beckstrom is referring to.
He goes into some detail about his thinking when it came to the decision to cut off interminable new gTLD policy debate in favor of getting on with execution.
The interview also touches on ICANN’s emerging ethical conundrum, which was most recently exemplified by Sen. Ron Wyden’s call for an anti-“revolving door” policy.
Beckstrom says that enforcing ethical behaviour is “extremely important for ICANN’s credibility”.
If the embedded video above does not work for you, you can watch it here.

Cheap gTLD drive adds to ICANN’s to-do list

ICANN may be given a huge to-do list before it starts accepting new top-level domain applications, in order to help level the playing field between rich and poor countries.
If sweeping new recommendations are approved, ICANN would have just a couple of months to create a new gTLD application review process, to find a panel to police it, and to find the money to cover it.
Since March 2010, a volunteer working group known as JAS has been debating the hows, whos and how muches of a program to provide financial support to gTLD applicants from developing nations.
It’s now come up with its Final Report (pdf), which contains a laundry list of things that JAS says ICANN needs to do before it starts accepting applications from anyone.
JAS has called for a reduction in the application fee from $185,000 to $47,000, as well as a provision allowing qualified applicants to pay the fee on a staggered schedule.
It also asks ICANN to create and partially fund a foundation to provide financial support, in addition to fee reductions, that eligible applicants would be able to draw from and pay back over time.
To qualify for the cheaper fees and other support, applicants would have to come from a developing economy found on certain UN lists. By my count, more than 80 countries would be eligible.
Recognized indigenous peoples – apparently including developed-world groups such as Native American tribes or Aboriginal Australians– would also qualify for assistance.
(I don’t know about you, but I immediately thought about the “Indian casino” model used to evade gambling prohibitions in parts of the US.)
Supported applicants would have to demonstrate that their gTLD would serve an under-served community or language group, and provide “genuine social benefit”.
So-called “.brand” applicants would be specifically excluded, but commercial entities operating in the public interest would be able to apply for the fee reductions and financial support.
The application procedure would be governed by a yet-to-be written Support Evaluation Process, overseen by a not-yet-created Support Application Review Panel, comprised of expert volunteers from inside and outside ICANN’s existing community structures.
The unpaid SARP panelists would have to be knowledgeable about the domain name industry and likely gaming patterns, in order to help prevent applicants exploiting the system.
The JAS says that all of this needs to be in place before the first round of applications:

there is a serious concern that, if support is not available to eligible applicants in the first round, the most obvious and valuable names (ASCII and IDNs) would be taken solely by wealthy investors.
…
Given the uncertainty regarding further rounds of new gTLD applications following the round planned for January 2012, it is necessary to make support available in the initial January 2012 round.

While I’ve no doubt that the ICANN board of directors will be picking over these proposals during its two-day retreat, which kicked off today, the JAS report now needs to filter through the GNSO and the ALAC – the two ICANN community bodies that commissioned its work.
Realistically, the earliest ICANN can rubber-stamp these recommendations is at its meeting October 28 in Dakar, Senegal, which would give ICANN staff just two months to create and deploy the entire applicant support program and to educate likely users.
ICANN’s new chief financial officer could also have to oversee the recalculation of the new gTLD program budget to reflect the JAS group’s ideas about how the program should be funded.
For example, the JAS report states that the $60,000 component of a single full application fee currently designated to “risks” could be instead be used to cover the shortfall between the $47,000 supported-applicant fee and the $100,000 in anticipated processing costs for such an application.
If ICANN were to adopt the recommendation, it would beg the question of how well the $185,000 “cost recovery” fee was calculated in the first place.
While not unexpected, the JAS proposals are a complex, audacious 11th-hour bump in the wire for ICANN, which already appears to be struggling to get its ducks in a row in time for January 12.
Regardless of whether the program can be rolled out in time, its likely users are already at a disadvantage compared to their wealthier counterparts, which at least have numbers to put in their own budget.

Senator calls for ICANN ethics controls

An influential US senator has called on the US government to impose new ethics rules on ICANN.
In a letter to the US Department of Commerce, which has an oversight relationship with ICANN, Senator Ron Wyden said that new “strict ethics guidelines” should be created.
The letter appears to be in direct response to Peter Dengate Thrush’s move from his role as ICANN’s chairman to a potentially lucrative job with a new top-level domains applicant.
(And, presumably, at the behest of whoever told Wyden about it.)
Dengate Thrush’s last major act at ICANN was to lead the vote to approve its new generic top-level domains program, this June at ICANN’s public Singapore meeting.
Three weeks later, he joined Minds + Machines parent Top Level Domain Holdings, which plans to build its entire business model around applying for new gTLDs.
“As news reports have indicated, a formerly high-ranking official at ICANN has left the organization and was immediately hired by one of the domain name companies regulated by ICANN,” a Wyden press release reads.
Wyden wants new ethical guidelines designed to prevent a “revolving door” built into the IANA contract, which is the one way Commerce can still exert unilateral control over ICANN.
He wrote: “any IANA employees ought to be made subject to the same ethics rules in place as NTIA [National Telecommunications and Information Administration, part of Commerce] employees.”
The IANA contract is up for renewal before March next year.
Pretty much anybody with a vested interest in getting more control over of the DNS is currently doing their best to hack the contract by lobbying the NTIA, directly or indirectly.
I wonder who’s behind this particular appeal.

Facebook hires ICANN director

ICANN director Erika Mann has reportedly been hired to head up Facebook’s new Brussels office.
Mann started last week as one of a handful of “politically connected new talent” to join the social networking company recently, according to the Wall Street Journal.
Mann was a Member of the European Parliament between 1994 and 2009, representing a German constituency.
She joined ICANN’s board of directors last December, after her appointment by the Nominating Committee. She’s currently the only female director with a vote.
Facebook is an increasingly active ICANN participant.
Its envoy, global domain name manager Susan Kawaguchi, sits on the Whois Policy Review Team, for example.

Windows 8 and the emotional reaction to new gTLDs

Watching videos and reading reports about the Windows 8 demos at Build 2011 yesterday, I found myself experiencing a quite overwhelming feeling of despair.
I’m not usually what you’d call an early adopter.
I did buy my current laptop on the day Windows 7 was released. Not because I’m a Microsoft fanboy; I just needed a new laptop and figured I may as well wait for the new OS to come out.
I resisted buying a mobile phone until 2006. The one I have now cost me £5. I have literally no idea if it does internet or not. The thing I thought was a camera lens turned out to be a flashlight.
I bought an iPod once, but the only reason I haven’t stamped it to pieces yet is because it’s full of photos of loved ones I cannot retrieve because it’s “synched” to a PC that I did stamp to pieces.
I’ve never owned a touch-screen device, and I don’t really want to.
I’m not interested in gestural interfaces or chrome-free environments; I want menus that tell me what the software does and let me click on the thing I want it to do.
Hence my despair at Windows 8, which appears to be doing away with useful stuff in favor of, I dunno, looking nice or something. Microsoft appears to be trying to appeal to (shudder) Apple users.
I felt the same about Google+, which I have yet to join. Apparently it’s quite good, but my initial reaction to its launch earlier this year was “For god’s sake, why?” and “Do we really need more shit to update?”
I fear change…
(tenuous link alert)
…and I feel certain I’m having exactly the same emotional reaction to Windows 8 as many people are having to ICANN’s new gTLD program.
Just as I don’t want to have to think about typing onto a screen (a screen, for crying out loud!) there are millions of people just as pissed right now that they’re being forced to think about new gTLDs.
“But we don’t need them!” they wail. “Everything works just fine as it is!”
Yeah, well that’s how I feel about all the shiny shiny fondlelabs everybody else in the world seems to be currently obsessing over.
I share your pain, Bob Liodice.
But sometimes technology companies come out with new stuff because they think that’s the way to innovate and (of course) make more money.
It’s just the way it is. You’ve got to accept it and move on. If you’re smart, you’ll figure out a way to turn the thing to your advantage.
Everybody currently using Windows 7, Vista or XP will eventually upgrade to Windows 8, even if it’s probably going to be a prettier but less useful version of its predecessors.
If you still buy DVDs, one day you’ll probably be forced to buy a Blu-ray player, just the same as you were forced to upgrade from VHS.
And if you think VeriSign’s mindshare monopoly on the domain name system is the way things should stay forever, new gTLDs are going to make you think again.