Trademarks may delay new TLD approval

The intellectual property lobby won a notable victory this week, after governments told ICANN they want it to delay approval of the new top-level domains program until it has more cybersquatting protections.
Some members of the Governmental Advisory Committee appear to have been lobbied hard by the IP community, and have taken its concerns on board more or less wholesale.
The UK representative, Mark Carvell of the Department for Business, Innovation and Skills, was most vocal during a meeting of the GAC and ICANN board here in Cartagena, Colombia yesterday.
He said of the proposed final Applicant Guidebook for new TLDs (which the GAC still pointedly refers to as the “DAG”, for Draft Applicant Guidebook):

Most representations we received came from brand owners, rights holders, they’re the ones being most agitated by this. I think they also recognized the potential opportunities, but the big issue for them was the costs…
The rights protection mechanisms are still not effective enough, that’s what’s coming to us in the Ministry… If you’re really hoping to sign off the guidebook this week, I think that’s something you really ought to reconsider.

Carvell pointed in particular to the proposed Trademark Clearinghouse and Uniform Rapid Suspension policies as needing work – this is essentially the IP lobby’s position also.
His views were supported by Germany, Norway and the Canadian GAC chair, among others.
A repeated refrain was “we’re not there yet”, which prompted ICANN vice-chair Dennis Jennings to push for a definition of “there”. What, in other words, would make the GAC happy enough to go ahead?
The GAC isn’t great when it comes to providing straight answers to those kinds of questions, but Carvell gave it a shot.
He said that currently the GAC does not believe that the benefits of new TLDs outweigh the costs. When it does, that would be the “key turning point”:

When we get to that position, that the benefits for businesses, for the global economy, for opportunities for business, are going to be greater, scaled-up, greater than the costs to brand owners and those who are going to have shell out big-time in order to effectively subsidize, in their view, perhaps subsidize the process.

The US representative, Suzanne Sene, added that “the whole issue is of feeling confident that benefits will outweigh the costs”.
That’s still worryingly free of a measurable benchmark, if you’re an impatient new TLD applicant.
In a further open meeting today, it became clear that the GAC is still putting forth the idea that there could be a “fast-track” or “trial” style TLD application round for “non-controversial” TLDs – presumably meaning TLDs of little interest to defensive trademark holders.
GAC chair Heather Dryden said today that “introducing a conservative first round is the best way to manage risk in the unknown”, an idea that was promptly challenged by TLD applicants including Minds + Machines CEO Antony Van Couvering.
I don’t get the feeling that the GAC has thought the idea through a great deal. In order to be half-way objective, it would presumably require the created of a second, parallel AGB for pre-approving applications. I don’t think the idea has legs.
But do the GAC’s objections mean that new TLD program, currently pencilled in to open the first application round May 30, 2011, will be delayed?
The GAC has not yet submitted its formal Cartagena advice (it should be published tomorrow), but it will presumably reflect the concerns raised over the last few days.
Under ICANN’s bylaws, the organization has to justify any decision to reject GAC advice and then “try, in good faith and in a timely and efficient manner, to find a mutually acceptable solution.”
European Commission representative Bill Dee invoked that part of the bylaws during yesterday’s meeting, and ICANN chair Peter Dengate Thrush agreed that talks were needed.
Dengate Thrush said he was in favor of a GAC-board meeting over one or two days at some point between now and the San Francisco ICANN meeting next March, to thrash out their differences and Dryden seemed to agree.
If that meeting was held fairly soon, it would not necessarily mean ICANN misses the May 30 deadline.
The current proposed timeline contains a 30-day window between Friday and January 11 in which ICANN staff update the “approved” AGB according to the board’s directions.
There follows an obligatory four-month ICANN outreach and marketing campaign.
Conceivably, although scheduling may be a challenge, if the GAC and board meet and resolve their differences over the next 30 days or so, the May 30 deadline could be workable.
I think it might be quite unlikely that’s going to happen, however.
The ICANN board convenes to discuss and vote on the AGB this Friday. It will be very interesting to see how its resolution is worded, and whether it can both save face and serve the GAC.

New TLDs “not at risk”, but delay not ruled out

ICANN’s program to introduce new top-level domains has not been put at risk by the US government’s recent request for delay, according to both its chairman and chief executive.
Chairman Peter Dengate Thrush and CEO Rod Beckstrom sought to play down the significance of the Department of Commerce letter during a press conference here in Cartagena this afternoon.
Dengate Thrush said the sudden involvement of the US in the new TLD policy was not a surprise, but was “one more factor to take into account” that did not put the program as a whole at risk.
Beckstrom noted that the Commerce letter was submitted to the ongoing public comment period, and would be treated as such, saying “obviously along with other inputs received we will duly consider it”.
Dengate Thrush elaborated, saying ICANN was still considering how to formally respond to the letter.
Because it deals with both Affirmation of Commitments and AGB concerns, it appears that the two threads may be unpicked and dealt with separately.
Both men were obviously more coy about whether the US intervention could delay final approval of the Applicant Guidebook, which the ICANN board will vote on this Friday.
Currently, the plan is to open the first round of applications May 30. But it seems that’s a target, not a promise.
Observing that the AGB continues to stir up passions on both sides of the debate, Dengate Thrush said that it is unlikely that the board will be swayed either way by passion alone.
But if “getting it right” means adding a month or two of delay to the launch date of the program, then that’s what the board will have to do, he said.
A similar sentiment on the constructiveness of comments was put forward by outgoing director Harald Alvestrand during a session yesterday.
He indicated that comments that merely reiterate long-held and previously considered disagreements are unlikely to cause delays, but changed minds based on new information could carry weight.
With the comments of all three directors in mind, it’s probably a bit early to second-guess the board’s Friday decision.
Apparently they are being fed updates on new AGB comments as they are received, so they can be as informed as possible before convening.
My feeling is that a full picture of the decision the board faces is unlikely to emerge for a few days.

Porn group threatens lawsuits over new TLDs

Porn trade group the Free Speech Coalition has added its name to the list of organizations saying that ICANN could be sued over its new top-level domains program.
In her latest letter to ICANN, FSC executive director Diane Duke has made a last-ditch attempt to get the proposed .xxx TLD rejected, and not-so-subtly raises the threat of court action:

ICM Registry promises millions of dollars of income for ICANN, assuming that income is not consumed by the inevitable litigation which ICANN will find itself a party to if the proposal is adopted

But she also writes about lawsuits targeting the new TLD program itself.
ICM’s .xxx application is being handled under the rules established for “sponsored” TLDs in 2003, rather than the rules for gTLDs in the Applicant Guidebook that will be enforced in future.
As such, .xxx is not subject to challenges such as the “morality and public order objections” envisioned by the AGB, unlike potential future applications such as .porn. Duke wrote:

What about those in the adult community who wish to apply for a gTLD? With ICANN’s policy development in regards to “Morality and Public Order” will gTLDs be held to a higher standard than the sTLD? Does ICANN believe that it is not liable for this inequity? Any company prepared to invest the substantial moneys necessary to manage a gTLD will surely take ICANN to court to demand equitable standards for their TLD application.

She goes on to suggest that ICM itself may sue to block such applicants.

Does ICANN really believe that the litigious ICM will sit idly by while a .SEX or .PORN gTLD is introduced? Is ICANN so naive to believe that the purveyor of the “sponsored” TLD, who spent in excess of $10 million to bully its way through ICANN’s processes, will stop its threats of litigation with a mere approval of the sTLD?

Is the FSC privy to the TLD aspirations of others in the adult business? Or is this just a lot of hot air born out of desperation? I guess time will tell.
The FSC becomes the third organization to publicly threaten litigation in order to get what it wants out of ICANN.
As I’ve previously reported, the International Olympic Committee and the BITS financial trade group have already made similar noises.
ICANN expects to set aside $60,000 from every $185,000 TLD application fee to deal with “risks” including the expense of defending itself from lawsuits.
The ICANN board is expected to vote on the .xxx application and the new TLD program next Friday. I expect the number of organizations threatening lawsuits will be in double figures by then.

.CO publishes domain seizure policy

.CO Internet reserves the right to shut down your .co domain name if you’re being naughty.
That’s pretty much what the company has said today with the announcement of its Rapid Domain Compliance Process.

the Rapid Domain Compliance Process gives the .CO Registry the ability to quickly lock, cancel, transfer or take ownership of any .CO domain name, either temporarily or permanently, if the domain name is being used in a manner that appears to threaten the stability, integrity or security of the .CO Registry, or any of its registrar partners – and/or that may put the safety and security of any registrant or user at risk.

While the company has not published full details of how the system works, it seems to be based on security monitoring carried out by Neustar, the registry’s back-end provider, rather than a complaints-driven procedure.
Verboten activities include, as you might expect given .co’s vulnerability to typos, phishing, as well as distributing malware and child pornography.
What’s surprising about this is that .CO Internet is being “proactive” about shutting down sites, rather than waiting to receive complaints to its abuse@ address.
While the announcement is undoubtedly good for the registry’s corporate responsibility image, it also has the potential to backfire horribly if mistakes are made.
Initiatives to block web sites considered security risks almost always lead to false positives.
Even when genuinely criminal sites are taken down, it can lead to loud (if spurious) claims of “censorship”, as we discovered this week with the .com seizures in the US – and they had a court order.
.CO Internet’s policy does not explicitly place piracy or selling counterfeit goods on its naughty list, but it doesn’t rule them out either.
Not to be too cynical, but I give it six months before the first “seized” domain owner cries foul.

Porn industry “ready for war” with .xxx

The Free Speech Coalition and ICM Registry are poised to do battle over the .xxx top-level domain at next week’s ICANN meeting in Cartagena, Colombia.
The FSC, which has opposed the porn-only domain for years, is trying to rally its troops with a flyer declaring it’s “Ready For War”, illustrated with a photograph apparently of Cartagena’s battlements.
(Apropos, really, given the city’s history fighting off the British and ICM’s habit of recruiting Brits for key positions.)
The FSC said on its blog:

the majority of adult Internet business owners and webmasters do not support being categorized in an Internet ghetto that will cost them millions in extra fees annually and also make it easier for anti-adult entities to censor and block their sites.

The trade group will be represented at the meeting by executive director Diane Duke and chair Jeffrey Douglas.
But ICM will have them out-gunned almost 10-to-1. President Stuart Lawley tells me the company is sending 19 people to the meeting.
Discussion of the .xxx TLD is on the ICANN board’s agenda for its meeting Friday December 10. I think it’s quite likely to be approved at that time.
The main stumbling block for ICM is ICANN’s Governmental Advisory Committee, which has expressed reservations about the domain over the years and is firmly opposed to “controversial” TLDs.
Which way the vote swings will depend greatly on what the GAC has to say, and how the power struggle it’s currently engaged in with ICANN pans out.
Here’s part of the FSC’s flyer.

.SO extends sunrise, delays landrush

.SO Registry, the company behind the newly launched Somalian top-level domain, has added an extra month to its sunrise period and delayed its landrush accordingly.
The trademark-holders-only sunrise was due to run for the month of November. Instead, it will now end December 31.
The registry said on Thursday that the changes were made “due to the high demand” for sunrise registrations.
The landrush, which will be open to all, is now scheduled to launch January 11.

File-sharers try to create .p2p domain

A move to create a .p2p top-level domain outside of the regular DNS root is under way.
Following the outcry over the US government’s seizure of 82 .com domain names this weekend, a group of coders have decided to create a namespace not overseen by ICANN (which had nothing to do with it).
It’s not entirely clear to me how many projects have launched.
There’s a blog over here that talks about a “distributed DNS” that would be “decentralized”, but this new wiki seems to be limited to the idea of launching .p2p as a TLD.
(Interestingly, dot-p2p.org appears to have been registered several days prior to the weekend’s domain name seizures)
The .p2p project plans to create an application that would intercept all DNS requests for .p2p domains and route them via a peer-to-peer network rather than the user’s regular DNS servers.
This presumably means that the entire .p2p zone file could wind up being stored on endpoints, which sounds like a scalability challenge to me.
More problematic is the the issue of “decentralization”, which is of course critical when you’re talking about trustworthy DNS. It can be summed up in this sentence:

“Hello, I’m bankofamerica.com.”

If anybody can claim to own any domain name, you need to be able to figure out who’s telling the truth.
The .p2p initiative seems to be dealing with this by, um, centralizing control over .p2p domain assignments to a free “registrar” at nic.p2p.
To prevent warehousing, registrants would need to prove they already own the string in another TLD in order to register the equivalent .p2p domain.
The project is obviously in its very early stages, as demonstrated by this wiki page, which tries to figure out the problem of decentralization using some kind of trust/voting system.
Here’s an example of the lack of thought that seems to have gone into it so far:

A small conflict, not malicious
1. Alice assigns fbi.p2p -> 1.1.1.1.
2. Bob propagates the assignment to his node, because he trusts Alice.
3. Dave assigns fbi.p2p -> 2.2.2.2. Conflict created.
4. Carol sees the conflict and:
– Decides to just follow the decision of her trustees and assigns fbi.p2p -> 2.2.2.2, or
– Does not create any assignment. There will be a warning and she will try to work out the problem with others.
5. Everyone will try to agree on a solution.

The page also currently includes this beauty:

Botnet-driven attack
1. Chuck owns a botnet and uses 10^6+ zombies to game the system.
2. Shitload of fake request need to be disproved
3. …
4. Problem? :U

The project seems like a heck of a lot of wheel-reinventing in order to solve a problem that doesn’t exist.

Is this the domain name industry’s first music video?

DotAfricaConnect is pretty serious about its plan for .africa.
The company yesterday released this music video to promote its top-level domain bid. Unlike most corporate anthems, this one is actually not terrible, despite the dodgy editing.

The singer, Patricia Kihoro, appears to be the former winner of an African TV talent show. It mystifies me how few people in the room seem to be paying her, and her dancers, any attention.

Domain universe breaks through 200 million

VeriSign is reporting that the number of registered domain names worldwide broke through the 200 million mark in the third quarter.
There were 202 million domains at the end of September, according to the company’s Domain Name Industry Brief, which was published today.
Over half of those domains, 103 million names in total, can be found in the .com and .net namespaces that VeriSign manages.
In a not-so-subtle plug for VeriSign’s 2011 growth strategy, the company also declared that the next ten years will be “The Decade of the International Internet”.

In the coming decade, the Internet will continue to become a ubiquitous, multi-cultural tool, fueled in part by the adoption of IDNs. By enabling online content and businesses to be represented in local scripts and languages, IDNs help the Internet to expand the power of technology to regions and cultures, and connect the world in new ways. Over the past year, several new IDNs for ccTLDs have been approved. The next step will be approval of IDNs for generic Top Level Domains (gTLDs).

The company, of course, plans to apply to ICANN to operate IDN versions of .com and .net, although it has not to date discussed openly which languages or strings it wants.
The VeriSign report also says that ccTLD registrations grew 2.4%, compared to the same quarter last year, to 79.2 million domains.
I expect this growth would have been tempered had it not been for the relaunch of .co, which occurred during the quarter, but it does not merit a mention in the report.
The report also reveals that .info has overtaken .cn in the biggest-TLD charts, although this is due primarily to the plummeting number of registrations in the Chinese ccTLD.

Rejected Bulgarians want ICANN appeal

A handful of Bulgarian internet users have asked ICANN for the right to appeal the rejection of .бг, the proposed Cyrillic country-code top-level domain.
ICANN has received five emails from from the country in the last week, all expressing frustration that .бг (.bg) was turned down with no public explanation and no right to reply.
The string was rejected in May due to what ICANN determined was its confusing visual similarity with Brazil’s ccTLD, .br.
Polls of the Bulgarian people have been unable to find consensus on a suitable alternative, and the government has repeatedly said it would like to apply again or appeal.
Whether to introduce a right of appeal for rejected applicants is one of the topics ICANN is currently soliciting comments on as part of the review of its IDN ccTLD Fast Track program.
Bulgarian freelance developer Stoyan Danev wrote in his comment:

The Bulgarian community has clearly demonstrated that selecting another string is unacceptable and if the proposed one is not approved, Bulgaria will remain WITHOUT an IDN ccTLD. This is really against the ICANN policy of making Internet accessible to everyone.

He questioned whether .бг really is confusable with .br, linking to the Unicode web site, which suggests that б can be confused with 6 but not b, to prove his point.
Another commenter suggested that that the .бг registry could make it a matter of policy to only accept registrations at the second level that include at least one uniquely Cyrillic character.