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Bulgaria told to forget about .бг

Kevin Murphy, December 1, 2011, Domain Policy

ICANN CEO Rod Beckstrom has advised Bulgarians to admit defeat in their ongoing campaign to have .бг approved as a local-script top-level domain to match .bg.
The country’s application for the Cyrillic label was rejected by ICANN’s IDN ccTLD Fast Track program last year because it was found to look too similar to Brazil’s .br.
Nevertheless, the local government and domain name groups have continued to press for the right of appeal, and have indicated they may apply again.
But in an interview with Novinite published today, Beckstrom says:

I would advise the Bulgarians to go for something else. The initial application for .бг was unsuccessful.
The job of ICANN, the organization, is to implement the policies that are developed by the global communities. Those communities did not allow the initial application to go through because of potential visual confusion. So I think the Bulgarians can go back and they can choose what they want to apply for.
The Bulgarians can apply for a three-character name, they can apply for .българия in Cyrillic, it’s really up to the local community.

He goes on to say that Bulgarians could wait for a change in policies then apply again, they could change their desired string, or they could abandon their plans altogether.
However, surveys have found little appetite among the Bulgarian public for alternative strings such as .бгр, .българия, .бя or .бъл.
It’s a tricky problem for ICANN, which is first and foremost tasked with ensuring DNS stability and security.
Confusingly similar TLDs lend themselves to security risks such as phishing, and my understanding is that if .бг were to be approved it would face opposition from interests in Brazil.
The Novinite interview also touches on the possibilities of .софия and .Пловдив, to represent the Bulgarian cities of Sofia and Plovdiv.
The .бг issue was the subject of some apparently heated discussion during the recent Domain Forum new gTLDs conference in Sofia, but I understand Beckstrom had left before that part of the agenda.
You can now watch the entire Domain Forum, including Beckstrom’s introductory keynote, for free on YouTube.

Zip.ca lets zip.tv expire then files UDRP to get it back

Kevin Murphy, November 30, 2011, Domain Registrars

The Canadian movie rental site Zip.ca, a sister company of Pool.com, has filed a cybersquatting complaint with WIPO over the domain name zip.tv.
A UDRP filed over a dictionary word would often scream reverse domain name hijacking, but it appears that in this case Zip.ca owned the matching .tv but accidentally let it expire.
According to historical Whois records, Zip.ca owned zip.tv until July 6 this year, when the registration expired and it went into its registrar’s “Reactivation Pending” status.
It was then acquired by a Chinese registrant, Mai Lifang, in October. The domain is currently parked.
It’s embarrassing for Zip.ca, given that its parent, Momentous, is primarily a domain name company, owning DomainsAtCost.com, Pool.com, Internic.ca, Rebel.com and NameScout.
Zip.tv was not just a defensive registration, either. It was previously promoted as a community-focused YouTube-style companion site for Zip.ca back in 2007.
The company also owns a trademark on the domain.

Google threatens domain names with Direct Connect

Kevin Murphy, November 8, 2011, Domain Services

Google’s latest social networking play is a potential threat to the relevance of domain names.
The company has announced the launch of Direct Connect, a feature that enables direct navigation to Google+ pages via the search engine.
Essentially, typing a + sign before the name of a brand in the search box will take you directly to that brand’s Google+ page, assuming it has one, bypassing search results.
This video explains it pretty well:

Google said yesterday that at launch a handful of brands, including Pepsi, Toyota and Angry Birds, are signed up, but from where I’m sitting only +google seems to work as advertised.
The feature also only seems to work when used with the search box on Google’s home page.
However, it does not require a massive leap of the imagination to see it quite easily showing up soon in the Google Toolbar and the integrated search/URL bar in Chrome.
Direct Connect was launched alongside Google+ Pages, the company’s answer to Facebook Pages – a way for companies to have their own branded fan page for interacting with customers.
Many companies are already advertising their Facebook addresses, or simply encouraging people to search Facebook for their brand, in print, on TV and elsewhere.
It might not be long before we see +brand advertising along similar lines.
Could Google train people to type +pepsi instead of pepsi.com? It’s an interesting notion.
The + operator was of course until recently a way of telling Google that you really, really wanted to see search results containing your query.
As Google has increasingly crapified its search engine with infuriating “user-friendly” guff over the last few years, I’ve trained myself to automatically put a + in front of every search in order to get the results I want rather than what Google, in its infinite wisdom, thinks I might want.
I’m sure I’m not alone.
While the + function has now been deprecated in favor of enclosing queries in quotation marks, it is nevertheless already trained user behavior in many cases.
I’m not suggesting that Google is going to kill domain names, but at first glance Direct Connect certainly seems to be a step toward attempting to make them less relevant for branding and advertising.
I can’t help but note that Google+ Pages was launched unilaterally by Google with no multi-stakeholder consultation, no battles with intellectual property interests, and no government oversight.
The Association of National Advertisers has yet to demand that Google shuts it down.

Will ICANN approve cheap gTLDs for poor applicants?

Kevin Murphy, October 21, 2011, Domain Policy

One of the big questions at ICANN’s 42nd public meeting in Dakar next week is whether the board of directors plans to approve subsidized new gTLD application fees for worthy applicants.
A volunteer working group known as JAS came up with a set of recommendations last month that would lower the $185,000 fee for applicants from developing nations with public benefit missions.
It was a wide-ranging set of proposals that would stretch beyond the scope of the $1 million to $2 million ICANN approved for applicant support initiatives at its last meeting in June.
Chiefly, JAS wants the application fee reduced to $45,000 for qualified developing-world applicants, meaning ICANN would have to find the funds to cover the $140,000 shortfall elsewhere.
In addition, JAS wants ICANN to set up a fund to loan money to these same applicants. It also wants these applicants to be able to pay fees on a staggered schedule.
Whether it was deliberate or not (I suspect it was semi-deliberate), the JAS wish-list seems to me to go above and beyond the support the ICANN board said it was prepared to offer in June.
I don’t think the board will grant those wishes when it meets next Friday, and here’s a few reasons why.
First, CEO Rod Beckstrom has already basically ruled out blanket fee reductions, even for poorer applicants, and he did so after the board had already discussed them.
At an ICANN panel on new gTLDs in London last month, Beckstrom was asked by an audience member if the application fee could be reduced before January.

At roughly 32 minutes into the embedded video, this is what he said:

There’s no plans to reduce the fee and I could not contemplate that happening before the program opens. The fees have been determined and there’s no process to review them, and there would be no basis at the present time because the costing estimates in the program appear to be reasonably accurate.

He went on to say that economies of scale may lead to a reduction in fees in future rounds, but did not mention the JAS recommendations at all.
As I was also on the panel, I called him on the omission later in the discussion, roughly 45 minutes into the video above. He said:

The board of directors did make a directional indication in Singapore to set aside up to a million to two million dollars for financial support for applicants…
However, it’s not a repricing of the fees, it would be some type of support for those applicants. A reduction in the application fee or effectively subsidizing the application fee is one possible concept, but what I can tell you as the CEO and as a board member is that board’s indication is one to two million dollars, not an unlimited number, so can do math and figure out what might be possible and what might not.
We’re not going to change the program fees, it just means there might be some benefit to or some support for some applicants, but it may not come in the form of that subsidy for the fee.

What we have here is JAS asking for a fundamental restructuring of the application fee in certain circumstances, and ICANN’s CEO saying that’s not likely to happen.
At that time, the JAS report had not been formally submitted to the board, but it had nevertheless been seen and discussed by the board at its two-day retreat in mid-September.
The GNSO, which had been frustrated with the cross-constituency structure of the JAS for some time, didn’t even formally approve the report before forwarding it to the board, due to time constraints.
Another indication of the board’s thinking on the JAS recommendations comes from the minutes of its Finance Committee meeting, September 15. Here’s an extract:

Staff has initiated efforts to be ready for implementation if and when approved. Establishment of a fund – a short-term mechanism for earmarking funds for applicant support, and a long-term formal mechanism for several purposes. Meeting community expectations: Board had approved US $2mm, while the JAS/GAC-ALAC recommendations would be more costly. Four tasks: developing criteria based on the JAS report plus practical concerns, developing procedures, entity for considering applications, and mechanism for holding the funds. Discussed the need to stay within the mission and purpose of ICANN and the ability to set-up special funds.

There’s no mention of application fees, but there is an acknowledgment that the JAS recommendations would be more expensive to implement than just the $2 million ICANN has already set aside.
There’s also talk of “practical concerns” and the “need to stay within the mission and purpose of ICANN”, all of which says to me that there’s a worry JAS asked for too much.
We’ll have to wait until next Friday to find out for sure, but my guess is that the board will likely side with ICANN’s bean-counters and that the JAS will not get much of what it asked for.

First video of ICANN’s new gTLDs outreach

Kevin Murphy, September 30, 2011, Domain Policy

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.

Watch ICM’s first .xxx TV commercials

Kevin Murphy, September 14, 2011, Domain Registries

ICM Registry has posted its first wave of TV commercials for .xxx onto YouTube.
The theme running through the four commercials is that not registering a .xxx may save you a bit of cash, but that registering one will make you rich.
Or something.
I can’t say I “get” the humor, but I’m probably not the demographic.
Here’s the first three. The character, “King Gavin”, is played by Gavin McInnes, founder of Vice magazine.



ICM says the commercials will start to air on TV in the US soon.

ICM gives away .xxx domains to porn stars (video)

It seems that pretty much every time I’ve written about .xxx over the last five or six years the article has been mentioned, or focussed on, how the porn business hates it.
For a change, here’s a shameless propaganda video (possibly NSFW) that ICM Registry produced during a recent, evidently quite boozy, party at Platinum Lace, a strip joint in London.

Context: ICM was sponsoring the party.
The people heard supporting .xxx are either porn actresses who’ve just been given their .xxx domains, employees of the Paul Raymond stable of top-shelf men’s magazines, or domain registrars.
One of the interviewers is “Mario”, a Z-lister known for being annoying on the TV show Big Brother last year. I figured his 15 minutes were already up, but I guess not.
The other is ICM’s sales director Vaughn Liley. He’s the one who starts interviews with the question “So, do you think .xxx will be good for the industry, or great?”
Watch out, David Frost.
Also seen posing, though not speaking, is Ben Dover, pretty much the only mainstream-famous porn video producer ever to come out of the UK.

Feds seize conspiracy theorist’s domain

Kevin Murphy, June 7, 2011, Domain Policy

The US Immigration and Customs Enforcement agency has seized the domain name of an anti-vaccine conspiracy theorist.
Update: This story is probably bogus.
The domain lowellsfacts.com has started resolving to the now-familiar ICE banner, warning visitors about the penalties for counterfeiting and copyright infringement.
Its name servers switched this week to ICE-owned seizedservers.com.
Judging from the Google cache, the site was devoted to spreading dangerous misinformation about the the efficacy of various vaccines, particularly Gardasil, which is used to prevent HPV infection.
Unlike previously seized domains, lowellsfacts.com does not, at least from the cache, appear to have been prominently pimping counterfeit goods.
It was registered using Go Daddy’s private registration service, but once belonged to one Lowell Hubbs.
You can listen to Hubbs’ theory about vaccines and the Rockerfellers on YouTube. He makes Jenny McCarthy look sensible. He was apparently a regular Huffington Post commenter.
A blog devoted to criticizing Hubbs and his theories can be found at lowellhubbs.blogspot.com and the reply to that blog, purportedly written by Hubbs, can be found, confusingly, at costnermatthews.blogspot.com.
The Hubbs’ blog claims the seized site had been hacked and filled with illegal porn links. His critic’s blog says he was likely shut down for using copyrighted material without permission.

Elephant hunt clip is Video.me’s biggest hit

Go Daddy’s Video.me turned a year old this week and it looks like its biggest success story to date is the video of CEO Bob Parsons shooting an elephant while on vacation in Zimbabwe.
The “Hunting Problem Elephant” clip has been viewed 768,541 times since it was uploaded at the end of March, making it the site’s most-viewed by a considerable margin.
The second most-popular video, with 49,293 views, was uploaded by racing driver Dale Earnhardt Jr, one of Go Daddy’s spokesmodels.
Only five clips have received more than 10,000 views, judging from the front page of the site.
Alexa Video.meHere’s a screen-grab of Alexa’s user reach graph for Video.me.
The spike corresponds to the elephant incident, which was widely reported online and on TV in the US, but traffic seems to have returned to pre-shooting levels rather quickly afterward.
One of Video.me’s selling points when it launched was the ability to privately share videos, so I guess it’s possible that there’s a thriving community hidden in the site somewhere.

How the GAC could derail new TLDs in Singapore

Kevin Murphy, June 1, 2011, Domain Policy

The pieces are moving into place for what could be the final battle over new top-level domains between ICANN and its Governmental Advisory Committee, in Singapore later this month.
ICANN made few concessions to the GAC’s biggest concerns in the latest Applicant Guidebook, which begs the question of whether the United States will now be asked to play its trump card.
Earlier this week, European Commissioner Neelie Kroes made threatening noises in ICANN’s direction, saying that by approving the controversial .xxx domain over GAC advice, ICANN had showed that it cannot be trusted with new top-level domains.

If the ICANN board chooses to move forward [with .xxx] despite significant governmental concerns, what does this tell us for the next meeting in Singapore, which is widely expected to launch the next batch of TLDs? The concerns of governments in this process are not trivial, ranking from trademark protection to cooperation with law enforcement

The current Guidebook has not accepted (with some good reasons) many of the GAC’s requests on the issues of trademark protection and the governmental right to object to new TLD applications.
In a recorded address at the EuroDIG conference in Serbia this week, before the Guidebook was published, Kroes called for ICANN’s multistakeholder internet governance model to be “amended to better take into account the voice of governments”.
She said she is supported by colleagues in the EU and overseas, presumably referring to Lawrence Strickling, head of the NTIA, with whom she met last month to discuss .xxx and new TLDs.
In her speech, Kroes called for the United States to leverage its unique position of authority over ICANN to influence change at the organization:

The expiry of the IANA contract in September will be a unique opportunity to sharply focus on a set of minimum requirements for whichever organization will be designated to carry out the future IANA functions. Specifically, I feel that the new contract should include specific provisions to improve standards of corporate governance in the organization in charge.
…whichever will be the organization resp for naming and addressing resources, it should be required to demonstrate it has support of global internet community before it makes proposals to add any further top-level domains to the internet.

This is perhaps the most explicit outside call yet for the US to use the IANA contract both to get the GAC a louder voice at the ICANN table and to have the demands of the trademark lobby taken fully into account in the new TLDs program.
The US Trump Card
It’s no secret that the US has an ace up its sleeve, in the form of the soon-to-expire IANA contract.
IANA is responsible for the paperwork when updates are to be made to the DNS root, whether they are redelegating a ccTLD, changing name servers, or adding an entirely new TLD.
When a new TLD is approved, ICANN’s IANA department forwards the request to the NTIA, which reviews it before instructing VeriSign to add the TLD to the A-root.
IANA is currently a no-fee contract between the NTIA and ICANN. Theoretically, the NTIA could award the contract to whichever organization it chooses, after it expires.
This is unlikely to happen. But if it did, ICANN’s powers would be severely curtailed – another entity would be above it in the root’s chain of command.
Alternatively, the NTIA could amend the contract to impose conditions on ICANN, such as making it more accountable to the GAC. This is what Kroes appears to be pushing for.
Strickling himself said a month ago that he has not ruled out the option of using the IANA contract as “as a vehicle for ensuring more accountability and transparency” at ICANN.
There is another theory, however, which is currently doing the rounds.
As it currently stands, if ICANN approves the Applicant Guidebook in Singapore on June 20, the expected timetable has it accepting new gTLD applications as early as November.
By that time it would, presumably, have already renewed the IANA deal, and would still have its nominal powers to add new TLDs to the root.
But buried deep within the IANA contract (pdf) is a provision that allows the NTIA to unilaterally extend its term by six months – from September 30, 2011 to March 31, 2012.
If the NTIA were to exercise this option, it could put a serious question mark over ICANN’s ability to start accepting new TLD applications this year.
With no guarantee that its authority to add new TLDs to the root would be renewed, would risk-averse ICANN be happy to go ahead and accept tens of millions of dollars in application fees?
It seems unlikely.
I’ve little doubt that this scenario will have been discussed by the NTIA and its allies. It would look better politically for the US if it had the support of the GAC before making such a play.
Since the GAC seems to want to buy time for further talks on new TLDs before ICANN kicks off the program, the IANA contract extension may appear to be a good way of going about it.
But with ICANN seemingly set to approve a Guidebook that will remain open to significant amendments post-Singapore, does the IANA threat need to be invoked at all?
If negotiations over trademark protection, developing world funding and GAC objections can remain open even after the Guidebook has been “approved”, perhaps there’s scope for a more peaceful resolution.