Latest news of the domain name industry

Recent Posts

GAC rejects multistakeholderism, tells ICANN to ignore the GNSO

Kevin Murphy, June 26, 2014, Domain Policy

The Governmental Advisory Committee has advised ICANN to do as it’s told and stop listening to the views of other stakeholders, on the issue of protection mechanisms for the Red Cross.
In a barely believable piece of formal advice to the ICANN board this morning, part of its London communique (pdf), the GAC said:

the protections due to the Red Cross and Red Crescent terms and names should not be subjected to, or conditioned upon, a policy development process

That’s the GAC telling the ICANN board to do what the GAC says without involving the rest of the ICANN community, specifically the multi-stakeholder Generic Names Supporting Organization.
Some in the GNSO have already informally expressed their anger about this. More, and more formal, responses are expected to follow.
It’s a baffling GAC move given that most governments have spent much of the ICANN 50 meeting this week professing how much they support the multi-stakeholder model of internet governance.
Now the GAC is explicitly telling ICANN to ignore anyone that isn’t the GAC, on this particular issue.
That’s unprecedented, though many would say that GAC statements often sound like the existence of other advisory committees and supporting organizations is little more than an annoyance to members.
During a meeting between the ICANN board and the GAC on Tuesday, UK GAC member Mark Carvell expressed some of that frustration, saying ICANN’s approach to the issue has been “completely unacceptable”.
Carvell said:

we’re talking about names that are protected under international law and implemented in national legislation
So, for example, if you go down Pride Street around the corner, you won’t find Red Cross Burgers. You won’t find Patisserie Croix Rouge in Paris anywhere, or in London, indeed, because it’s against the law to use those names.
So the response that we’ve had from the Board is equating these names to trademarks by referring to the GNSO response, saying that this is a matter for incorporation of policy development that would use the trademark clearinghouse.
So I just wanted to make the point here that this is completely unacceptable to us. We’re in a position as governments and administrations in implementing national law. So our advice continues to be that these names need to be protected and not subject to some policy development process that equates these names to trademarks
and brands.

That point of view seems to have translated directly into the GAC’s communique today.
The GAC statement is doubly baffling because the Red Cross and Red Crescent already enjoy protections in the new gTLD program, and the GNSO has voted to make these protections permanent.
The GAC has been pushing for protections for the Red Cross for years.
It’s a noble effort in principle, designed to help thwart fraudsters who would use the Red Cross brand to bilk money out of well-meaning internet users in the wake of human tragedies such as earthquakes and tsunamis.
The ICANN board of directors first agreed to adopt such protections in 2011, when it approved the new gTLD program.
Red Cross protections were added to the program rules then on a temporary basis, pending a formal GNSO policy on the matter.
The GNSO took a while to get there, but it formally passed a resolution in November last year that would protect a list of Red Cross organizations at both the top and second levels in the new gTLD program.
So what’s the GAC’s problem?
ICANN director Chris Disspain asked Carvell during the Tuesday GAC-board session. Carvell responded:

I’m talking about our advice with regard to protection of national entities at the second level. So, for example, British Red Cross dot whatever. That protection does not exist, and is not agreed as we understand it.

The original list of Red Cross/Red Crescent strings for which the GAC demanded protection includes strings like “redcross” and “croissant-rouge”, but it does not include strings such as “americanredcross”.
There are 189 national Red Cross organizations that are not currently protected, according to the GAC.
Why are these strings not on the list?
It appears to be because the GAC didn’t ask for such protections until March this year, six months after the GNSO concluded its PDP and close to three years after the temporary protections were originally implemented.
The GAC communique from the latest Singapore meeting (pdf) contains a request for national Red Cross organizations to be protected, but I can’t find any matching GAC advice that predates March 2014.
The GAC seems to have screwed up, in other words, by not asking for all the protections it wanted three years ago.
And now it’s apparently demanding that its new, very late demands for protection get implemented by ICANN without a PDP and with no input from any other area of the ICANN community.
The GAC spent a lot of time this week talking up the multistakeholder process, but now it seems prepared to throw the concept under a bus either in the name of expediency or to cover up the fact that it seriously dropped the ball.
Nobody can deny that its heart is in the right place, but is abandoning support for multistakeholderism really the best way to go about getting what it wants, at a time when everyone is claiming governments won’t control the newly liberated ICANN?

Comment Tagged: , , , , , ,

A million domains taken down by email checks

Over 800,000 domain names have been suspended since the beginning of the year as a result of Whois email verification rules in the new ICANN Registrar Accreditation Agreement.
That’s according to the Registrars Stakeholder Group, which collected suspension data from registrars representing about 75% of all registered gTLD domain names.
The actual number of suspended domains could be closer to a million.
The 2013 RAA requires registrars to verify the email addresses listed in their customers’ Whois records. If they don’t receive the verification, they have to suspend the domain.
The RrSG told the ICANN board in March that these checks were doing more harm than good and today Tucows CEO Elliot Noss presented, as promised, data to back up the claim.
“There have been over 800,000 domains suspended,” Noss said. “We have stories of healthcare sites that have gone down, community groups whose sites have gone down.”
“I think we can safely say millions of internet users,” he said. “Those are real people just trying to use the internet. They are our great unrepresented core constituency.” 
The RrSG wants to see contrasting data from law enforcement agencies and governments — which pushed hard for Whois verification — showing that the RAA requirement has had a demonstrable benefit.
Registrars asked at the Singapore meeting in March that law enforcement agencies (LEA) be put on notice that they can’t ask for more Whois controls until they’ve provided such data and ICANN CEO Fadi Chehade said “It shall be done by London.”
Noss implied that the majority of the 800,000 suspended names belong to innocent registrants, such as those who had simply changed email addresses since registering their names.
“What was a lovely political win that we said time and time again in discussion after discussion was impractical and would provide no benefit, has demonstrably has created harm,” Noss said.
He was received with cautious support by ICANN board members.
Chair Steve Crocker wonder aloud how many of the 800,000 suspended domains are owned by bad guys, and he noted that LEA don’t appear to gather data in the way that the registrars are demanding.
“We were subjected, all of us, to heavy-duty pressure from the law enforcement community over a long period of time. We finally said, ‘Okay, we hear you and we’ll help you get this stuff implemented,'”, he added. “That creates an obligation as far as I’m concerned on their part.”
“We’re in a — at least from a moral position — in a strong position to say, ‘You must help us understand this. Otherwise, you’re not doing your part of the job'”, he said.
Chehade also seemed to support the registrars’ position that LEA needs to justify its demands and offered to take their data and concerns to the LEA and the Governmental Advisory Committee.
“They put restrictions on us that are causing harm, according to these numbers,” he said. “Let’s take this back at them and say, hey, you ask for all these things, this is what happened.”
“If you can’t tell me what good this has done, be aware not to come back and ask for more,” he said. “I’m with you on this 100%. I’m saying let’s use the great findings you seem to have a found and well-package them in a case and I will be your advocate.”
Director Mike Silber also spoke in support of the RrSG’s position.
“My view is if what you are saying is correct, the LEA’s have blown their credibility,” he said. “They’re going to have to do a lot of work before we impose similar disproportional requirements on actors that are not proven to be bad actors.”
So what does this all mean for registrants?
I don’t think there’s any ongoing process right now to get the Whois verification requirements overturned — that would require a renegotiation of the RAA — but it does seem to mean demands from governments and police are going to have to be much more substantiated in future.
Noss attempted to link the problem to the recommendations of the Whois Expert Working Group (EWG), which propose a completely revamped, centralized Whois system with much more verification and not much to benefit registrants.
To paraphrase: if email verification causes so much harm, what harms could be caused by the EWG proposal?
The EWG was not stuffed with LEA or governments, however, so it couldn’t really be characterized as another set of unreasonable demands from the same entities.

4 Comments Tagged: , , , , , , , ,

Four reasons Google Domains isn’t a Go Daddy killer

Judging by DI’s traffic spike last night, there’s a lot of interest in Google Domains, Google’s forthcoming entry into the domain name registrar market.
And judging by some of the early commentary, it seems that many people are already assuming that the service will be an overnight success.
Some people already seem to be willing to write off market leader Go Daddy specifically, for some peculiar reason.
I’ve even heard speculation that Google timed its announcement to screw with Go Daddy’s imminent IPO, which strikes me as veering into conspiracy theory territory.
While I’ve no doubt Go Daddy and other mass-market retail registrars will be watching Google’s move with interest and concern — and there are some reasons to be worried — let’s not jump the gun here.
Let’s calm the hyperbole a little. Off the top of my head, here are a handful of reasons not to get excited just yet.
1. It could be a really shitty product
There seems to be an assumption in some quarters that whatever Google brings to market will be automatically incredible, but the company really doesn’t have the track record to support that assumption.
Sure, its search engine may be great and services such as Gmail and Adsense may be pretty good, but have you ever tried Blogger?
Do you actually use Google+, or do you only have an account because Google forced you?
The truth is that lots of Google products fail.
And we haven’t even seen Google Domains yet. Nobody has. Only Google employees and their buddies are going to get beta access, so it seems we’re going to be waiting a while before we can judge.
2. There’s no 24×7 support
Google Domains will launch with support via email and phone from 9am to 9pm US Eastern time, Monday to Friday.
Would you switch to a registrar that doesn’t have round-the-clock support seven days a week? As a small business owner who makes his living from his web site, I sure wouldn’t.
If Google Domains gains traction you can expect support hours to be expanded pretty quickly, but a lack of 24×7 support at launch will keep many customers away.
3. It’s not free
Some people seem to be obsessed with the notion that Google is going to give away free domains, and that kind of commentary is continuing even though we know Google Domains will charge $12 for a .com.
Its email service may come at no additional cost, but its email service is Gmail, and that’s already free. Google could hardly start charging an add-on fee for something that’s always been free.
Google Domains may offer free privacy too, but so do lots of other registrars.
In future, Google registry arm Charleston Road Registry may give away free names in some of its new gTLDs, but if it does so that price will have to be available to all registrars, not just Google Domains.
Google Domains isn’t free. It’s not even the cheapest registrar on the market.
4. Go Daddy is gigantic
According to its recent regulatory filings, Go Daddy has 57 million domains under management and 12 million customers.
How many of those do you think will make the switch to Google? How many will even know that such a switch is possible?
Switching registrars may be relatively straightforward if everything you own is parked, but it becomes more complex when you’re running your web site, email and so forth on your registrar’s platform.
These kinds of small business owners are the customers being targeted by Google and Go Daddy, and if they already have web sites they’re likely already experiencing registrar lock-in.
According to its announcement, Google is targeting greenfield opportunities — the 55% of small businesses it estimates don’t have an online presence today — rather than grabbing market share from rivals.
The “small businesses need to get online” story is common to every press release issued by every web host and domain registrar with a price promotion to plug.
When Google teamed up with Blacknight to give away domains for free — for FREE, so it is, so it is — to Irish small businesses, it managed to sign up 10,000 in one year.
How long do you think it will take Google to get to 57 million names under management?

17 Comments Tagged: , ,

Shakeup coming as Google becomes a registrar, sells names at $12 with free privacy and email

Google has announced its first foray into the domain name registrar business with Google Domains.
The company tells me that the upcoming service will allow customers to buy or transfer domains for $12 a year.
Privacy protection, up to 100 email addresses and up to 100 subdomains — things existing leading registrars charge extra for — will be included at no additional cost.
Right now, the service is in an invitation-only beta. The first beta users are not expected to get access for a couple of weeks and the beta will likely last a couple of months.
Google says it wants to make domain registration a “simple and transparent experience”.
It’s not entirely clear which TLDs will be supported at first — .com, .net and .eu seem to be three of them — but the company plans to support “many” new gTLDs in future.
The service is unfinished, according to the company, but beta users will be able to buy and transfer domain names.
They’ll also be able to use web site creation tools supplied by the likes of Squarespace, Wix, Weebly and Shopify, which will carry an additional cost.
The $12 a year fee is comparable to market-leader Go Daddy’s annual rate for a .com, but Go Daddy charges about $8 extra per year for privacy and about $5 a month for email.
Google joins the likes of Minds + Machines and Uniregistry as new gTLD registries that have made the move into the registrar side of the business, hoping to bring a fresh approach to the market.
Google has actually been accredited by ICANN as a registrar for years — over a decade if memory serves — but to date has never used its accreditation to sell domains.
With its Google Apps service, the company refers domain buyers to Go Daddy and eNom. While there’s no confirmation from Google yet, I suspect those relationships may be in jeopardy in future.

30 Comments Tagged: ,

No mention of .london at ICANN London

The forthcoming .london gTLD didn’t get a look in during the opening ceremony of ICANN 50, held this morning in London.
The host city gTLD’s complete absence from the two-hour event — it wasn’t mentioned once — would have escaped notice had it not been for the abundance of plugs for .wales and .cymru attendees received instead.
.cymru is the Welsh name for Wales. The gTLDs are to be launched simultaneously.
Welsh First Minister Carwyn Jones was given stage time to announce, in between anti-English quips, that the Welsh government is to dump .gov.uk in favor of the two new Welsh gTLDs.
Later, a Welsh male voice choir (presumably a famous one) took to the stage to sing a couple of songs and announce that they too are planning to use .wales and .cymru for their web sites.
Nominet chair Rennie Fritchie also plugged the upcoming launches during her five-minute slot.
You’d have been forgiven for wondering if you’d accidentally got off the plane in Cardiff.
Where was .london?
Did Dot London Domains seriously drop the ball here?
Or did .london’s absence have something to do with the fact that the host ccTLD and meeting sponsor, Nominet, is the registry for .wales and .cymru but was beaten to the .london back-end contract by Minds + Machines?

3 Comments Tagged: , , , ,

ICANN overturns new gTLD objection decision!

Kevin Murphy, June 22, 2014, Domain Policy

ICANN has overturned a Community Objection decision, allowing a .med new gTLD applicant back into the game, after a Request for Reconsideration from the applicant.
It’s the first time ICANN has overruled an objection panel during the new gTLD program and the first time in over a decade any RfR of substance has been accepted by the ICANN board of directors.
Medistry lost a CO filed by the program’s Independent Objector, Alain Pellet, back in January.
Under program rules, that should have killed off its application for .med completely.
But the company filed an RfR — ICANN’s first and cheapest appeals mechanism — claiming that Pellet acted outside his jurisdiction by filing the objection when there was not at least one informal objection from a community member on the public record.
Its case, as outlined in its RfR, was quite compelling, as I outlined in a piece in March.
Medistry argued that the International Chamber of Commerce’s panelist, Fabian von Schlabrendorff, had cited two non-existent informal community objections in his decision.
One of them literally did not exist — and von Schlabrendorff went so far as to infer its existence from its absence — while the other was “advisory” in nature and was not intended as an objection.
In March, ICANN’s Board Governance Committee accepted Medistry’s RfR on a preliminary basis, to give it more time to consider whether the IO had acted outside of the new gTLD program’s rules.
Yesterday, the BGC came to its final decision (pdf):

The BGC concludes that, based on information submitted with this Request, there is substantial and relevant evidence indicating that the Objection was inconsistent with ICANN procedures, despite the diligence and best efforts of the IO and staff. Specifically, the Requester [Medistry] has provided the BGC with uncontroverted information demonstrating that the public comments on which the Objection was based were not, in fact, in opposition to the Requester’s application. Accordingly, the BGC concludes that ICANN not consider the Expert Determination at issue and that the Requester’s Application for .MED is therefore permitted to proceed to the next stage of process in the New gTLD Program.

In other words: 1) Pellet inadvertently acted outside of his remit 2) the ICC’s ruling on the objection is simply cast aside and 3) Medistry’s application is back in the .med contention set.
The main reason this RfR succeeded while all others to date have failed is that Medistry managed to provide new information, in the form of clarifying letters from the two non-existent informal objectors, that was not originally available.
The large majority of previous RfR’s have failed because the requester has failed to bring any new evidence to the table.

The public comments from [National Association of Boards of Pharmacies] and [American Hospital Association] that were the basis for the Objection were vague and open to a number of interpretations. Given that there is substantial and uncontroverted evidence from the authors of those public comments, indicating what NABP and AHA intended, the BGC cannot ignore this information in assessing the Request or reaching its determination.

I think ICANN is going easy on the ICC and von Schlabrendorff (how can something that does not exist be “open to a number of interpretations”?) but it seems that the RfR process has in this case nevertheless been a bit of a success, overturning an extremely dodgy decision.
The .med contention set also contains HEXAP and Google.

4 Comments Tagged: , , , , , , , , , ,

Euro govs livid as ICANN takes .wine off ice

Kevin Murphy, June 22, 2014, Domain Policy

The new gTLD applications for .wine and .vin are now live again, raising the ire of European governments.
ICANN chair Steve Crocker has written to the European Commission, along with the governments of France, Spain and the US that the three applications are once again being processed.
That’s after a 60-day temporary freeze, ostensibly in order to give the governments more time to push applicants for geographic indicator protections, expired earlier this month.
Geographic indicators are terms such as “Champagne” and “Bordeaux” which are protected under European law — they have to be produced in those regions — but not in the US and other non-EU countries.
France is expected to point to the .wine controversy as evidence of how ICANN is deficient as an organization.
“The problem is it is totally opaque, there is no transparency at all in the process,” Axelle Lemaire, minister for digital affairs, told the Financial Times today.
France also reckons ICANN’s decision will impact transatlantic trade negotiations unrelated to the domain name industry, the FT reported.
Lemaire’s comments about transparency are odd, given that pretty much the entire debate — whether in person at ICANN meetings or through correspondence — has been put on to the public record by ICANN.
The issue seems to be rather than the ICANN process does not give national governments a means to push their agendas onto the industry unless all participating governments agree.
The Governmental Advisory Committee was unable to come to a consensus on .wine and .vin — EU states wanted strong protection for GIs, but the US, Canada and Australia disagreed.
Lacking GAC consensus, ICANN had no mandate to act on requests for individual government requests.
But when its board decided to move ahead on the new gTLDs in March, the GAC noted that its process for making the decision may have broken its bylaws.
The EC, UK, France, Spain, Italy, Portugal, Luxembourg and Switzerland then filed formal Requests for Reconsideration with ICANN, asking for the decision to be overturned.
Those RfRs were rejected by ICANN’s Board Governance Committee a month ago.
Last week Crocker wrote to governments on both sides of the debate to confirm that, with the 60 days expired and no outstanding GAC advice, .wine and .vin will proceed to contention resolution and contracting as normal.
The letters are all pretty much the same, with Crocker explaining the process to date and suggesting again that ICANN be not be the best forum for governments to hash our their disagreements over GI protections.
Crocker told (pdf) EC vice president Neelie Kroes:

should the GAC be in a position to provide any additional advice on this issue, we would welcome it. Similarly, should governments succeed in resolving these issues in other global trade fora such as the WTO [World Trade Organization] that, too, will be taken into account.

Expect the debate to continue this week at ICANN 50, the public meeting that kicked off in London yesterday.
The EU and its most-affected member states are not going to let this die.

4 Comments Tagged: , , , , , , ,

New gTLDs now outnumber the old TLDs

There are now more 2012-round new gTLDs alive on the internet than there are legacy TLDs.
With today’s addition of five new strings, including .brussels and .surf, there are now 312 delegated new gTLDs and 308 others in the DNS root zone file.
The legacy TLD count includes the original eight gTLDs such as .com and .gov, 285 ccTLDs (including 36 IDN ccTLDs), and 15 gTLDs added by ICANN in the 2000 and 2003 rounds.
With just shy of 1.2 million domains under management (including all the registry-reserved and freebies) the new gTLD program currently accounts for about 0.4% of all registered names.
About 140 new gTLDs are in general availability. The rest have been delegated but are either in sunrise periods or pre-sunrise periods.

2 Comments Tagged: ,

ICANN smacks new gTLDs for pre-sunrise auctions

Running a premium domain name auction before you’ve finished your new gTLD sunrise period is Officially Not Cool, according to ICANN’s compliance department.
People who won premium new gTLD domains in auctions that took place before sunrise periods now face the possibility of losing their names to trademark owners.
.CLUB Domains, and probably XYZ.com, operators of .club and .xyz, two of the highest-volume new gTLDs to launch so far, appear to be affected by the ICANN decision.
ICANN told .CLUB that its “winter auction“, which took place in late February, may have violated the rules about allocating or “earmarking” domains to registrants before sunrise takes place.
Meanwhile, NameJet has cancelled the auction for deals.xyz, which “sold” for $8,100 late last year, suggesting that .xyz’s pre-sunrise auction is also considered ultra vires.
ICANN told .CLUB that its auction sales “constitute earmarking” in violation of the rule stating that registries “must not allow a domain name to be allocated or registered prior to the Sunrise period”.
.CLUB had told its auction winners that a sunrise period registration would prevent them from getting the domain they wanted and that they would be refunded if a sunrise registrant emerged.
But ICANN evidently told the registry:

Irrespective of whether “[a]llocation was expressly conditioned upon any Sunrise claim,” or whether any Sunrise claim was made, the pre-selection, pre-registration or pre-designation to third parties, in this case via .Club Domains’ “winter auction,” constitutes improper allocation.

I kinda thought this would happen.
Back in November, when XYZ.com ran its first .xyz auction — about six months before its sunrise even started — CEO Daniel Negari told us he believed it was “comfortably within the rules“.
We said the auction “seems to be operating at the edge of what is permissible under the new gTLD program’s rights protection mechanisms, which state that no domains may be allocated prior to Sunrise.”
I’ve not yet been able to definitively confirm that .xyz is affected by this ICANN decision, but .club definitely is.
.CLUB Domains told its auction winners today that the names they won are now subject to a 60-day period during which they could be obtained by trademark owners.
If no trademark owner claims the name, .CLUB said it will give the auction winner a 10% rebate on their purchase price.
The email states:

We are placing the domain on hold for 60 days, during which time a Trademark Clearinghouse (TMCH) holder will have the opportunity to purchase the domain at Sunrise rates. Although, the domain is not currently in the TMCH, if a trademark holder should file in the TMCH over the next 60 days, the domain will be offered to that registrant. However, if the name is not claimed by filing in the TMCH over the next 60 days, your transaction will move forward as planned.
Although we disagree with ICANN compliance’s position on this matter, the actions we are taking are necessary to ensure that we are not offside with ICANN compliance in any way. We understand that you have been caught in the middle of this issue due to no fault of your own. Given these circumstances, we are offering you two options:
1) Should you decide to complete this transaction, we will issue you a payment of 10% of the purchase price after the transaction closes in 60 days, assuming the name is not registered by a TMCH mark holder because of the delay.
2) At any time during the 60 day period you have the option to rescind the auction bid and not purchasing the domain.

9 Comments Tagged: , , , , , , , , ,

dotBERLIN pulls plug on free domain giveaway

The .berlin registry has apparently halted the promotion that has given away tens of thousands of free domain names, citing unexpectedly high demand.
According to 101domain, a registrar that started giving away .berlin domains for free yesterday:

As of 1pm PST today, June 18th, the free .BERLIN promotion will unfortunately come to an end.
According to the dotBERLIN registry, demand was exceedingly above their anticipated volumes, so they have decided to pull the plug early.

The promotion, which led to domainers registered tens of thousands of names, was due to end on Friday.
Why has dotBERLIN pulled the plug? I have to wonder whether it is related to the company’s own registration policies, which are not particularly domainer-friendly.
The .berlin TLD started today at 121,193 names, according to its zone file, up 5,227 on the day.
Over 70,000 of those names were registered in the last two days, and most of those are believed to be freebies handed out by InternetX and, as of yesterday, 101domain.
As we reported yesterday, one domainer, DomainProfi, is responsible for over 23,000 of these registrations.
Another massive registrant, as DNW reported today, is Sedo-affiliated DomCollect, part of the same group (United Internet) as InternetX. It has over 30,000 .berlin names.
It’s difficult to see any of these names being developed or used in any meaningful way — they seem to be currently parked — yet the dotBERLIN registration policy may require it.
The English translation of the policy (pdf) states:

5.2. Conditions for the content and use of domain names
As the gTLD .BERLIN is a so-called “community based” gTLD, where the registration of domain names is subject to restrictions, a domain name must be put into use within 12 months of registration.
If the registrant sets up a web site which can be reached via the registered domain name, the content of this site must have be directly related to the authorisation to register

The first part of that seems simple: you have to “use” the domain within a year or risk losing it.
The “authorisation to register” appears to be the registrant’s self-declared “economic, cultural, historical, social or other connection to the German capital, Berlin”.
I interpret the two paragraphs together to read: “You must use the name in a manner that reflects your connection to Berlin”.
Does this mean parking is prohibited? There’s nothing explicit banning it, but I’d say it’s definitely a grey area. It seems to be down to the decision of the registry.
I asked dotBERLIN for clarification this morning but have not yet received one.
For the registrants, there seems to be little risk, however. They haven’t paid for their names and probably don’t intend to renew any that they can’t sell before renewal time.

2 Comments Tagged: , ,