Aussies get to drop the .com

Australia’s ccTLD manager has confirmed that local registrants will be able to register .au domains at the second level, eschewing the usual .com.
auDA said yesterday that its board has approved a plan that will let people register names such as example.au, rather than example.com.au or example.org.au.
The country follows the example of New Zealand and the UK, which have also started to permit second-level registrations in recent years.
auDA agreed with its policy committee that direct .au registrations would:

– make available domain names which are shorter, more appealing and more memorable
– give Australians more choice in deciding what domain name to register
– respond to market demand
– be more attractive to natural individuals than the current option, id.au
– strengthen the “.au brand” in a globally competitive market
– add value to all three main categories of users – registrars and resellers, registrants and ultimate users of the .au domain name system.

There’s no timeline yet on when 2LDs will become available, much less a policy on how potential conflicts will be handled, but auDA said it will provide updates later in the year.

Comment Tagged: .au, auda, second-level

.sucks “gag order” dropped, approved

Vox Populi, the .sucks registry, has had controversial changes to its registrar contract approved after it softened language some had compared to a “gag order”.
ICANN approved changes to the .suck Registry-Registrar Agreement last week, after receiving no further complaints from registrar stakeholders.
Registrars had been upset by a proposed change that they said would prevent brand-protection registrars from publicly criticizing .sucks:

The purpose of this Agreement is to permit and promote the registration of domain names in the Vox Populi TLDs and to allow Registrar to offer the registration of the Vox Populi TLDs in partnership with Vox Populi. Neither party shall take action to frustrate or impair the purpose of this Agreement.

But Vox has now “clarified” the language to remove the requirement that registrars “promote” .sucks names. The new RRA will say “offer” instead.
Registrars had also complained that the new RRA would have allowed Vox to unilaterally impose new contractual terms with only 15 days notice.
Vox has amended that proposal too, to clarify that changes would come into effect 15 days after ICANN has given its approval.
Vox CEO John Berard told ICANN in a March 18 letter:

VoxPop’s intent was never to alter any material aspect of the Registry Registrar Agreement. Our intent was to clarify legal obligations that already exist in the Agreement, and conform the timeframes for any future amendments with those specified in our ICANN registry contract.

Comment Tagged: ICANN, new gTLDs, rra, rrsg, sucks, vox populi

Facebook, under Chinese court threat, transfers Instagram.com to its new registrar

It’s not quite cyberflight, but Facebook has transferred threatened domain name instagram.com to its newly acquired in-house registrar.
Whois records show that the domain, used for the popular photo-sharing social network, was moved from MarkMonitor to RegistrarSEC yesterday.
It emerged on Friday that Facebook had recently acquired RegistrarSEC.
So why the transfer?
It does not appear that the move is part of a wholesale transfer of domains — facebook.com, whatsapp.com, fb.com and all the other Facebook domains I checked are still with MarkMonitor.
Instead, I would speculate that it’s related to the lawsuit in China in which the family of a deceased cybersquatter are fighting for the return of the domain to their ownership.
Instagram acquired the name for $100,000 from the Guangdong-based Zhou family in January 2011, just a couple of months after Zhou Weiming, the now deceased patriarch, bought it from an American domainer.
According to a lawsuit (pdf) filed against the family in California by Instagram this January, Zhou’s widow and two daughters are suing the third daughter in a Chinese court for selling the domain without the proper authority.
They want the domain returned to them.
By transferring instagram.com to a registrar completely controlled by Facebook, the company has removed one huge risk factor from the Chinese lawsuit.
If MarkMonitor were to be served with a Chinese court order ordering the transfer of the domain to the Zhous, and it were to comply, the Instagram service used by millions could be held hostage by a group of known cybersquatters.
Now that the domain is at RegistrarSEC, Facebook gets the ability to refuse to comply with any such order.
This all begs the question of whether the deep-pocketed social network would go to the trouble of acquiring a registrar (with only 11 names to its accreditation) purely to provide a layer of insurance.
A fresh ICANN accreditation would be cheaper, but would take longer, and transferring to a different third-party registrar wouldn’t really solve the problem.
Instagram is predicted by one analyst to provide Facebook with $5.8 billion in annual revenue by the end of the decade.

1 Comment Tagged: cybersquatting, facebook, instagram, registrarsec, zhou

Burr to replace Tonkin on ICANN board

ICANN lifer Becky Burr is to replace Bruce Tonkin on the ICANN board of directors when his term expires in November.
She’ll take the seat reserved for the Contracted Parties House of the Generic Names Supporting Organization, following a vote by registries and registrars a few weeks ago.
Tonkin, CTO of Aussie registrar Melbourne IT, has held the seat for the last nine years. He’s limited to three consecutive three-year terms under ICANN bylaws.
Burr, a lawyer by trade, is currently chief privacy officer at TLD registry Neustar, a position she has held since 2012.
Before that, she was a partner at the law firm Wilmer Hale.
But way back in 1998, in a senior role at the US National Telecommunications and Information Administration, she was one of the key people responsible for ICANN’s creation under the Clinton administration.

Comment Tagged: gnso, ICANN, melbourne it, neustar

Facebook bought a registrar

Facebook has acquired a domain name registrar, according to its point person in ICANN.
Facebook domain manager Susan Kawaguchi said on tonight’s GNSO Council teleconference, as a matter of disclosure, that Facebook recently acquired a registrar.
Multiple sources say the registrar is RegistrarSEC LLC.
DI records show that RegistrarSEC took over the ICANN registrar accreditation of Focus IP Inc, doing business as AppDetex, on March 26.
RegistrarSEC is led by one of the long-gone founders of brand protection registrar MarkMonitor, Faisal Shah, and Chris Bura, founder of Alldomains.com.
Facebook is one of MarkMonitor’s most prominent clients.
RegistrarSEC is not a conventional registrar. It had just 11 registrations under its IANA ID at the end of 2015.
But its parent was founded in 2013 as primarily a provider of brand protection services focused on the mobile app space.
My guess is that Facebook is interested in RegistrarSEC’s parent’s intellectual property, rather than its registrar.

3 Comments Tagged: facebook, ICANN, new gTLDs, registrarsec

Did the DotConnectAfrica judge make a big dumb mistake?

The court ruling that granted DotConnectAfrica a preliminary injunction preventing ICANN delegating .africa seems to be based to a large extent on a huge error by the judge.
In explaining why he was allowing DCA v ICANN to proceed, despite DCA’s signing away its right to sue when it filed its new gTLD application, California district judge Gary Klausner seems to have confused DCA with rival .africa applicant ZACR.
In his Tuesday ruling, Klausner said that evidence supports the claim that ICANN was determined to flunk DCA’s application no matter what.
The key evidence, according to the judge, is that the Initial Evaluation of DCA’s application found that it did have enough support from African governments to pass its Geographic Names Review, but that ICANN subsequently reversed that view in Extended Evaluation.
He wrote:

DCA claims that “the process ICANN put Plaintiff through was a sham with a predetermined ending – ICANN’s denial of Plaintiff’s application so that ICANN could steer the gTLD to ZACR.”
…
In support, DCA offers the following evidence. ICANN’s initial evaluation report in July 2013 stated that DCA’s endorsement letters “met all relevant criteria in Section 2.2.1.4.3 of the Applicant Guidebook.” (Bekele Decl. ¶ 40, Ex. 27, ECF No. 17.) After the IRP Decision, ICANN performed a second evaluation on the same information originally submitted by DCA. In the second evaluation, however, ICANN found that the endorsement letters did not meet the same criteria applied in the first evaluation

He later writes:

Despite ICANN’s contention, the evidence presents serious questions pointing in favor of DCA’s argument. First, a March 2013 email from ICC to ICANN stated that ICANN needs to clarify AUC’s endorsements since AUC properly endorsed both DCA and ZACR. (Bekele Decl. ¶ 30, Ex. 19, ECF No. 17.) Subsequently, ICANN’s July 2013 initial evaluation report found that the endorsement letters have “met all relevant criteria in Section 2.2.1.4.3 of the Applicant Guidebook.” (Bekele Decl. ¶ 40, Ex. 27, ECF No. 17.) Because ICANN found DCA’s application passed the geographic names evaluation in the July 2013 initial evaluation report, the Court finds serious questions in DCA’s favor as to whether DCA’s application should have proceeded to the delegation stage following the IRP Decision.

The document “Bekele Decl. ¶ 40, Ex. 27” referred to is exhibit 27 of DCA CEO Sophia Bekele’s March 1 declaration, filed in support of its preliminary injunction motion.
The problem is that that exhibit is not the Initial Evaluation report for DCA’s .africa bid, it’s the IE report for rival ZACR (aka UniForum).
Read it here (pdf).
DCA’s own application never received a scored IE report. At least, one was never published.
It only got this (pdf), which states simply “Overall Initial Evaluation Summary: Incomplete”. That document is dated July 3, 2013, almost two weeks before the ZACR report.
Bekele’s declaration even states that exhibit 27 is the IE report for the ZACR application.
It’s not clear to this non-lawyer how important this pretty basic error is to Klausner’s thinking, but as a layman it looks pretty crucial.
It certainly seems like something that needs to be addressed, given that the apparent misunderstanding plays into both the decision to allow the lawsuit to proceed and the decision that DCA’s complaint may have merit.
Several other exhibits cited in the ruling — including emails from the InterConnect Communications evaluators who carried out the Geographic Names Review — have been redacted by the court.
It’s possible there are smoking guns contained within these censored documents that were more influential on the ruling.
It’s also notable that ICANN is continuing to redact the court documents it publishes on its web site, beyond those filed under seal and censored by the court.

3 Comments Tagged: africa, dca, dotconnectafrica, ICANN, new gTLDs, uniforum, zacr

Afilias goes it alone with .green as DotGreen bows out

DotGreen Community has withdrawn from its partnership with Afilias, leaving the registry operating the .green gTLD solo.
The new management means that renewal prices for sunrise names will be slashed, and the size of the premium names list will be reduced.
DotGreen was originally a .green gTLD applicant, but it withdrew its application before the auction, which Afilias subsequently won.
It made a deal with Afilias to run sales and marketing for the domains, with Afilias handling all the technical stuff. The plan was to use profits to help environmental causes.
But Afilias told its registrars in an email this week:

Unfortunately, DotGreen Community has informed us that it is no longer able to discharge these responsibilities, and has turned the sales and marketing responsibilities back over to Afilias.

The gTLD has a new logo and a new website at get.green.
Afilias said it will no longer charge a extra $50 for renewals of sunrise period names.
It also plans to revise its premium names list by November, and will probably reduce the size of the list, releasing names at regular registry prices.
.green domains haven’t exactly been flying off the shelves with DotGreen running marketing.
It went into general availability in March last year but only has about 2,200 names in its zone file.

Comment Tagged: .green, afilias, dotgreen, new gTLDs

It’s open season on ICANN as judge rules new gTLD applicants CAN sue

DotConnectAfrica has won a California court ruling that will allow it to continue suing ICANN over its twice-rejected .africa gTLD application.
District judge Gary Klausner ruled yesterday that the litigation waiver all applicants had to sign when they applied may be unenforceable.
“The Court finds substantial questions as to the Release, weighing toward its unenforceability,” he wrote (pdf).
California law says that such waivers cannot stop people being sued for fraud, and fraud is what DCA is alleging, he explained.

DCA alleges that ICANN intended to deny DCA’s application after the IRP proceeding under any pretext and without a legitimate reason.
…
The evidence suggests that ICANN intended to deny DCA’s application based on pretext. Defendants have not introduced any controverting facts. As such, the Court finds serious questions regarding the enforceability of the Release due to California Civil Code § 1668.

The judge granted DCA’s request for a preliminary injunction that will prevent it from delegating .africa to successful applicant ZACR.
ZACR has the backing of the African Union Commission and, per ICANN rules, over 60% of the governments in Africa.
DCA applied for .africa with no government support, but with an AUC letter of support than had already been retracted. The company claims that the AUC was not allowed to withdraw its endorsement under ICANN rules.
But it doesn’t seem to matter what the governments of Africa want. Klausner wrote:

On balance, the Court finds it more prejudicial to the African community, and the international community in general, if the delegation of .Africa is made prior to a determination on the fairness of the process by which it was delegated.

Sorry Africa, no gTLD for you yet!
The case continues…

3 Comments Tagged: africa, dotconnectafrica, ICANN, new gTLDs, zacr

Domains “worth $3 million” put up for first industry hackathon

The domain name industry is about to get a new type of conference.
Domain broker Ryan Colby of Outcome Brokerage is to host what is believed to be the first domain “hackathon”, and says he already has domains he estimates as being worth $3 million submitted for the event.
Codemology, as the conference will be called, will be held over two days in Charlotte, North Carolina, in October.
The idea is to bring the owners of premium domain names together with angel investors and young, skilled developers, with the hope that some workable business ideas might emerge.
“We are trying to utilize the ‘excess capacity’ of premium domains in the marketplace, which are just sitting there doing nothing, oozing with potential, waiting for the next killer idea,” Colby told DI today.
Over the weekend of the event, the goal will be to create a bunch of “minimal viable products” for each selected domain that could be developed further.
It’s a free event, but attendees need to go through an application process before being given tickets. Colby said he’s marketing the event at university students and those who regularly attend hackathons.
The list of domains that will be used has not been finalized yet, but Colby’s clients have already submitted at least four pretty terrific one-word dictionary .coms.
Domains in new gTLDs will also make an appearance.
“If you’re a domain owner, why not submit it to the kid from MIT who might have a winning idea? There’s no risk, and huge upside if something comes about,” Colby said.
The developers keep the IP rights to whatever they code during the event, he said.
“It’s up to the domain owner to choose to collaborate, buy their IP or walk away,” he said.
Colby said he’s working on an app that will allow people to vote on domains that have been submitted, with the most popular ones being used at Codemology.
He said he’s hopeful of running similar events in other cities after the Charlotte conference.

Comment Tagged: codemology, hackathon, outcome brokerage, premium

No, .kids isn’t a community either

DotKids Foundation has comprehensively lost is .kids Community Priority Evaluation.
The company’s CPE results came out at the weekend (pdf), showing a score of 6 out of the 16 available points, a long way short of the 14-point passing score.
Like other “community” new gTLD bids before it, .kids failed because the Economist Intelligence Unit panel decided that the application was an attempt to create a community rather than represent an existing one. It wrote:

The Panel determined that this application refers to a “community” construed to obtain a sought-after generic word as a gTLD string, and that the application is attempting to organize the various groups mentioned in the documentation through a gTLD.

The application scored a big fat 0/4 on the question of whether the community exists and, as a knock-on effect, another 0/4 on whether the .kids string represents the community.
It picked up 3/4 for its registration policies and 3/4 on community endorsement.
The CPE failure means DotKids will have to face rival Amazon at auction, where one imagines the not-for-profit foundation will have a hard time winning.
ICANN’s CPE pipeline currently only has one active application, where Merck KGaA is fighting to avoid an auction with rival Merck Registry Holdings, Inc.
The latter .merck, and Vistaprint’s .webs application, have both also been invited to CPE.

2 Comments Tagged: .kids, community, community priority evaluation, cpe, ICANN, new gTLDs