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Verisign probes name collisions link to MH370

Kevin Murphy, April 1, 2014, Gossip

Verisign is investigating whether Malaysian Airlines flight MH370 went missing due to a DNS name collision.
The Boeing 777 disappeared on a routine flight from Kuala Lumpur to Beijing, March 8. Despite extensive international searches of the Indian Ocean and beyond, no trace of the plane has yet been found.
Now Verisign is pondering aloud whether a new gTLD might be to blame.
The theory emerged during Verisign’s conference in London two weeks ago, at which the company offered a $50,000 prize to the researcher with the best suggestion about how to keep the collisions debate alive.
Chief propaganda officer Burt Kaslinksiki told DI that the decision to launch the investigation today was prompted by a continuing lack of serious interest in name collisions outside of Verisign HQ.
“We cannot discount the possibility that the plane went missing due to a new gTLD,” he said. “Probably something to do with .aero or .travel or something. That sounds plausible, right?”
“The .aero gTLD was delegated in 2001,” he said after a few minutes thought. “Is it any coincidence that just 13 years later MH370 should go missing? We intend to investigate a possible link.”
“Think about it,” Koslikiniski said. “When was the last time you saw a .aero domain? The entire gTLD has vanished without a trace.”
He pointed to a slide from a prize-winning Powerpoint presentation made at the London conference as evidence:
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“We’re not saying new gTLDs cause planes to smash into the ocean and disappear without a trace, we’re just saying that it’s not not un-impossible that such a thing might conceivably, feasibly happen,” he said.
He added that it was also possible that name collisions were to blame that time Justin Bieber got photographed pissing in a bucket.
Verisign is proposing that ICANN add “modest” new registration restrictions to all new gTLDs as a precaution until the company’s investigation is concluded, which is expected to take four to six years.
Specifically, new gTLD registries would be banned from accepting any registrations for:

  • Any domain name comprising a dictionary word, or a combination of dictionary words, in any UN language.
  • Any domain name shorter than 60 characters.
  • Any domain name containing fewer than six hyphens.
  • Any domain name in which the second level is written in the same script as the TLD.
  • Anything not written in Windings.

Kalenskiskiski denied that these restrictions would unreasonably interfere with competing gTLDs’ business prospects.
“Nobody seemed to care when we managed to get 10 million domains blocked based on speculation and fearmongering,” he said. “We’re fairly confident we can get away with this too.”
“If ICANN puts up a fight, we’ll just turn The Chulk loose on ’em again to remind them who pays their fucking salaries,” he explained.
“In the rare instances where these very reasonable restrictions might prevent somebody from registering the new gTLD name they want, there’s still plenty of room left in .com,” he added.

16 Comments

Donuts buys out rival .place gTLD applicant

Kevin Murphy, March 31, 2014, Domain Registries

Donuts has won the .place new gTLD contention set after paying off rival applicant 1589757 Alberta Ltd.
The deal, for an undisclosed sum, was another “cut and choose” affair, similar to deals made with Tucows last August, in which the Canadian company named its price to withdraw and Donuts chose to pay it rather than taking the money itself.
1589757 Alberta has withdrawn its application for .place already.
The deal means Donuts now has 165 new gTLDs that are either live, contracted or uncontested.

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ARI and Radix split on all new gTLD bids

Kevin Murphy, March 31, 2014, Domain Registries

Radix no longer plans to use ARI Registry Services for any of its new gTLDs, I’ve learned.
The company has already publicly revealed that CentralNic is to be its back-end registry services provider for .space, .host, .website and .press, but multiple reliable sources say the deal extends to its other 23 applications too.
I gather that the split with ARI wasn’t entirely amicable and had money at its root, but I’m a bit fuzzy on the specifics.
The four announced switches are the only four currently uncontested strings Radix has applied for.
Of Radix’s remaining active applications, the company has only so far submitted a change request to ICANN — which I gather is a very expensive process — on one, .online.
For the other 22, ARI is still listed as the back-end provider in the applications, which have all passed evaluation.
Radix is presumably waiting until after its contention sets get settled before it goes to the expense of submitting change requests.

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No sunrise periods for dot-brands

Kevin Murphy, March 31, 2014, Domain Policy

ICANN has finally signed off on a set of exemptions that would allow dot-brand gTLDs to skip sunrise periods and, probably, work only with hand-picked registrars.
Its board’s New gTLD Program Committee passed a resolution at ICANN 49 last week that would add a new Specification 13 (pdf) to Registry Agreements signed by dot-brands.
The new spec removes the obligation operate a sunrise period, which is unnecessary for a gTLD that will only have a single registrant. It also lets dot-brands opt out of treating all registrars equally.
Dot-brands would still have to integrate with the Trademark Clearinghouse and would still have to operate Trademark Claims periods — if a dot-brand registers a competitor’s name in its own gTLD during the first 90 days post-launch, the competitor will find out about it.
ICANN is also proposing to add another clause to Spec 13 related to registrar exclusivity, but has decided to delay the addition for 45 days while it gets advice from the GNSO on whether it’s consistent with policy.
That clause states that the dot-brand registry may choose to “designate no more than three ICANN accredited registrars at any point in time to serve as the exclusive registrar(s) for the TLD.”
This is to avoid the silly situation where a dot-brand is obliged to integrate with registrars from which it has no intention of buying any domain names.
Spec 13 also provides for a two-year cooling off period after a dot-brand ceases operations, during which ICANN will not delegate the same string to another registry unless there’s a public interest need to do so.
The specification contains lots of language designed to prevent a registry gaming the system to pass off a generic string as a brand.
There doesn’t seem to be a way to pass off a trademark alone, without a business to back it up, as a brand. Neither is there a way to pass off a descriptive generic term as a brand.
The rules seem to allow Apple to have .apple as a dot-brand, because Apple doesn’t sell apples, but would not allow a trousers company to have .trousers as a dot-brand.

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ICANN muddles through solution to IGO conflict

Kevin Murphy, March 31, 2014, Domain Policy

ICANN may have come up with a way to appease both the GNSO and the GAC, which are at conflict over the best way to protect the names and/or acronyms of intergovernmental organizations.
At the public forum of the ICANN 49 meeting in Singapore last Thursday, director Bruce Tonkin told the community that the ICANN board will consider the GNSO’s recommendations piecemeal instead of altogether.
It will also convene a meeting of the GNSO, GAC, IGOs, international nongovernmental organizations and the At-Large Advisory Committee to help reach a consensus.
The issue, you may recall from a DI post last week, is whether the names and acronyms of IGOs and INGOs should be blocked in all new gTLDs.
The GNSO is happy for the names to be protected, but draws the line at protecting acronyms, many of which are dictionary words or have multiple uses. The GAC wants protection for both.
Both organizations have gone through their respective processes to come to full consensus policy advice.
This left ICANN in the tricky situation of having to reject advice from one or the other; its bylaws did not make a compromise easy.
By splitting the GNSO’s 20 or so recommendations up and considering them individually, the ICANN board may be able to reconcile some with the GAC advice.
It would also be able to reject bits of GAC advice, specific GNSO recommendations, or both. Because the advice conflicts directly in some cases, rejection of something seems probable.
But ICANN might not have to reject anything, if the GAC, GNSO and others can come to an agreement during the special talks ICANN has in mind, which could happen as soon as the London meeting in June.
Even if those talks lead to nothing, this proposed solution does seem to be good news for ICANN perception-wise; it won’t have to blanket-reject either GNSO or GAC policy advice.
This piecemeal or ‘scorecard’ approach to dealing with advice hasn’t been used with GNSO recommendations before, but it is how the board has dealt with complex GAC advice for the last few years.
It’s also been used with input from non-GNSO bodies such as the Whois Review Team and Accountability and Transparency Review Team.
Judging by a small number of comments made by GNSO members at the public forum on Thursday, the solution the board has proposed seems to be acceptable.
ICANN may have dodged a bullet here.
The slides used by Tonkin during the meeting can be found here.

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Dodgy domainer owns 40% of .ceo’s new names

Kevin Murphy, March 30, 2014, Domain Registries

What do Mark Zuckerberg, Oprah Winfrey, Donald Trump, Jeff Bezos and the Saudi royal family have in common?
Their .ceo domain names all belong to the same guy, a registrant from Trinidad and Tobago who as of last night was responsible for 40% of hand-registered .ceo domains.
Andrew Davis has registered roughly 100 of the roughly 250 .ceo names sold since the new gTLD went into general availability on March 28, spending at least $10,000 to do so.
I hesitate to call him a cyberquatter, but I have a feeling that multiple UDRP panels will soon be rather less hesitant.
Oh, what the hell: the dude’s a cyberquatter.
Here’s why I think so.
According to Whois records, Davis has registered dozens of common given and family names in .ceo — stuff like smith.ceo, patel.ceo, john.ceo, wang.ceo and wolfgang.ceo.
So far, that seems like fair game to me. There are enough CEOs with those names out there that to register matching domains in .ceo, or in any TLD, could easily be seen as honest speculation.
Then there are domains that start setting off alarm bells.
zuckerberg.ceo? zuck.ceo? oprah.ceo? trump.ceo? bezos.ceo?
Sure, those are names presumably shared by many people, but in the context of .ceo could they really refer to anyone other than Mark Zuckerberg, Oprah Winfrey, Donald Trump and Jeff Bezos?
I doubt it.
Then there are a class of names that seem to have been registered by Davis purely because they show up on lists of the world’s wealthiest families and individuals.
The domains slim.ceo, walton.ceo, and adelson.ceo match the last names of three of the top ten wealthiest people on the planet; arnault.ceo matches the name of France’s second-richest businessman.
getty.ceo, rockefeller.ceo, hearst.ceo, rothschild.ceo… all family names of American business royalty.
Then there’s the names of members of actual royalty, the magnificently wealthy Saudi royal family: alsaud.ceo, saud.ceo and alwaleed.ceo.
Still, if Davis had registered any single one of these names he could make a case that it was a good faith registration (if his name was Walton or Al Saud).
Collectively, the registration strategy looks very dodgy.
But where any chance of a good-faith defense falls apart is where Davis has registered the names of famous family-owned businesses where the name is also a well-defended trademark.
bacardi.ceo… prada.ceo… beretta.ceo… mars.ceo… sennheiser.ceo… shimano.ceo… swarovski.ceo… versace.ceo… ferrero.ceo… mahindra.ceo… olayan.ceo…
There’s very little chance of these surviving a UDRP if you ask me.
Overall, I estimate that at least half of Davis’ 100 registrations seem to deliberately target specific high net worth individuals or famous brands that are named after their company’s founder.
The remainder are generic enough that it’s difficult to guess what was going through his mind.
On his under construction web site at andrewdavis.ceo, Davis says:

I am the owner of Hundreds of the Best .CEO Domains available on the web.
My collection comprises of the Top Premium .CEO Domains (in my opinion).
My list of domains contains the First or Last names of well over 1 Billion people around the world.
I offer Email and Web Link Services on each of these sites, so that these Domains can be shared with many people around the world, particularly CEOs, Business Owners and Leaders, or those aspiring to become one.

On each of Davis’ .ceo sites, he offers to sell email addresses (eg contact@bacardi.ceo) for $10 a month and third-level domain names (eg blog.walton.ceo) for $5 a month.
A UDRP panelist is going to take this as evidence of bad faith, despite Davis’ disclaimer, which appears on each of his web sites. Here’s an example from bacardi.ceo:

This Website (Bacardi.CEO) is NOT Affiliated with, nor refers to, any Trademark or Company named “Bacardi”, that may or may not exist.
This Website does NOT refer to any Specific Individual Person(s) named “Bacardi”.
This Website aims to provide Services for ANY Person named “Bacardi”, particularly: CEOs, Business Owners and Leaders.
Bacardi.CEO is an Independent and Personal Project/Service of Andrew Davis.

I must admit I admire his entrepreneurship, but I fear he has stepped over the line into cybersquatting that a UDRP panelist will have no difficulty at all recognizing.
Davis has already been hit with a Uniform Rapid Suspension complaint on mittal.ceo, presumably filed on behalf of billionaire Indian steel magnate Lakshmi Mittal and/or his company ArcelorMittal.
It’s not clear from the name alone whether mittal.ceo is a losing domain under URS’ higher standard of evidence, but I reckon the pattern of registrations described in this blog post would help make for a pretty convincing case that would put it over the line.
I should add, in fairness to .ceo registry PeopleBrowsr, that the other 60% of its zone, judging by Whois records, looks pretty clean. Small, but clean.

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Slow start for .ceo with fewer than 400 names sold

Kevin Murphy, March 30, 2014, Domain Registries

The new .ceo gTLD has had a disappointing launch.
In the first 30 hours of general availability, which began on Friday afternoon, the TLD has managed to scrape just 378 registrations, according to the latest zone file.
That includes 100 names that were registered during the sunrise period.
Jodee Rich, CEO of PeopleBrowsr, the .ceo registry, told DI that the company sold about 40 premium names at $999 per year on the first day and that revenue for the first six hours was about $100,000.
The baseline retail price for .ceo names is $99.
There is a tiered pricing structure, and Rich said that only four out of its 40-something accredited registrars were ready to handle it, which may have impacted sales.
He added that .ceo has over 3,000 pre-registrations which he hopes to start seeing convert over the coming days.
Nevertheless, 378 domains is a poor showing by any measure.
On day one of GA, it was the eighth-fastest growing new gTLD by domain volume. Today, it’s ranked 52nd out of the 52 new gTLDs that have gone to full, baseline pricing general availability.

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Republicans introduce pointless ICANN bill

Kevin Murphy, March 28, 2014, Domain Policy

Three Republican Congressmen have introduced a bill that would prevent the US government removing itself from oversight of the DNS root zone.
For a year.
The inappropriately titled Domain Openness Through Continued Oversight Matters (DOTCOM) Act is designed to:

prohibit the National Telecommunications and Information Administration from relinquishing responsibility over the Internet domain name system until the Comptroller General of United States submits to Congress a report on the role of the NTIA with respect to such system.

Basically, the NTIA would be barred from walking away from root zone oversight until an analysis of the advantages and disadvantages of the transition was published, which would have to happen within a year.
The report would also have to include a definition of “multi-stakeholder”.
The three Republicans who introduced the bill — Representatives Todd Rokita, John Shimkus, and Marsha Blackburn — either have no idea what they’re talking about, or they’re being intellectually dishonest.
Blackburn said in a press release:

We can’t let the Internet turn into another Russian land grab. America shouldn’t surrender its leadership on the world stage to a “multistakeholder model” that’s controlled by foreign governments. It’s imperative that this administration reports to Congress before they can take any steps that would turn over control of the Internet.

Shimkus said:

In the month of March alone we’ve seen Russia block opposition websites, Turkey ban Twitter, China place new restrictions on online video, and a top Malaysian politician pledge to censor the Internet if he’s given the chance. This isn’t a theoretical debate. There are real authoritarian governments in the world today who have no tolerance for the free flow of information and ideas. What possible benefit could come from giving the Vladimir Putins of the world a new venue to push their anti-freedom agendas?

This is hysterical nonsense.
Not only has ICANN no intention of allowing the IANA function to be controlled by foreign governments, the NTIA has explicitly stated from the start that no governmental solution would be acceptable.
It’s also ironic that the only two governments to ever consider censoring the root zone were the European Commission and the United States, under the Republican Bush administration.
The current expectation, assuming community talks proceed as swiftly as hoped, is for stewardship of the IANA function to leave the NTIA’s hands when the current contract expires in October 2015.
Even if the DOTCOM (really?) Act were to be passed into US law this year, it shouldn’t have any serious impact on the timing of the root transition.
With that in mind, the three-page bill (pdf) looks quite a lot like an extended press release, rather than a serious attempt to keep the root in US hands.

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EU buys more time for .wine talks after surprise GAC objection

Kevin Murphy, March 27, 2014, Domain Policy

The ICANN Governmental Advisory Committee deposited a shock fly into the wine-related gTLD ointment tonight, asking ICANN to delay approval of .wine and .vin on a technicality.
ICANN’s board of directors had at the weekend basically approved the two new gTLDs, over the objections of the European Union, but the GAC today said the board’s decision hadn’t followed the rules.
In its communique (pdf) issued at the end of the just-concluded ICANN 49 meeting in Singapore, the GAC said: “In the final deliberation of the Board there appears to be at least one process violation and procedural error”.
The procedure in question is the part of the ICANN bylaws that says the GAC “shall have an opportunity to comment upon any external advice received prior to any decision by the Board.”

The GAC therefore advises:
That the Board reconsider the matter before delegating these strings.
The GAC needs to consider the above elements more fully. In the meantime concerned GAC members believe the applicants and interested parties should be encouraged to continue their negotiations with a view to reach an agreement on the matter.

The only “external advice” referenced in the ICANN decision on .wine was the legal opinion (pdf) of French law professor Jerome Passa.
Reading between the lines (I have not yet listened to all of the GAC’s public deliberations this week, so I’m speculating) it seems Passa’s opinion was not provided to the GAC before the ICANN board made its call.
I’m further assuming that the EU or one of its member states spotted the bylaws provision about external advice notice and cunningly used it to revive the .wine debate.
The GAC has declined to object to .wine and .vin because countries such as the US and Australia disagree with the EU’s position on the international law governing geographic indicators such as “Champagne”.
But no matter what other GAC members think about the European demands GI protections, it would have been very hard for them to argue in favor of an ICANN board decision that violated process.
Even if there’s very little chance of rustling up a consensus objection against these two gTLDs, the EU seems to have successfully added delay to the approval process, giving it leverage over the applicants.
I’m impressed.
While this may not change the eventual outcome, it at least buys the EU more time to negotiate with the .wine and .vin applicants about protection for geographic indicators.
This apparent oversight, coupled with the controversy this week about rights protection mechanisms for intergovernmental organizations, makes me wonder whether ICANN’s legal department might need a refresher course on the ICANN bylaws.
Or maybe, more likely, the bylaws are just such a bloody mess that even the smartest guys in the room can’t keep track of them any more.

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.email sells almost 10,000 names on day one

Kevin Murphy, March 27, 2014, Domain Registries

Donuts new gTLD .email sold 9,636 registrations yesterday, its first partial day of general availability at standard registry pricing.
The TLD became the seventh largest by volume, with 11,286 names under management.
The other four new gTLDs — all Donuts’ — that hit the same pricing threshold yesterday fared less well, with between 5,391 (.solutions) and 909 (.builders) names registered.
Here’s a bit more data from DI PRO. Click to enlarge.

A total of 26,239 new names appeared in 147 new gTLD zone files this morning, of which 22,220 (about 85%) came from these five newly available options.

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