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Chehade talks up split from US oversight

Kevin Murphy, October 28, 2013, Domain Policy

ICANN CEO Fadi Chehade used his keynote address at the newdomains.org conference this morning to discuss his plans to divorce the organization from US governmental oversight.
With a split from the US recurring theme in his recent speeches, Chehade nevertheless warned that there were risks that such a move could create a dangerous governance vacuum.
“The current ICANN contract that gives the US government a unique role in the root management function is not sustainable,” he said. “It’s just not sustainable.”
That seems to be a reference to the IANA contract, in which the US has essentially a veto on ICANN’s decisions regarding root zone changes such as new gTLD delegations.
“I think we need to think together how we grow from that and how we globalize that contract,” he said. “But we need to be very careful about creating a vacuum or uninteded consequences that would destabilize the root of the internet.”
While Chehade noted that a split from the US has always been envisaged, he said that the revelations about US internet surveillance made by NSA defector Edward Snowden has provided a catalyst to speed it up.
When Brazilian president Dilma Rousseff recently called for a “multilateral” (read: inter-governmental, (read: ITU)) approach to internet governance, Chehade and an ICANN team traveled to Brazil to persuade her to instead focus on the creation of a “multistakeholder” model instead.
There’s now a “coalition” of the “I*” groups (ICANN, IETF, etc), big-name companies such as Disney, and governments such as Brazil, focused on creating multistakeholder solutions to problems — such as spam and cyber-bullying — that are not in ICANN’s purview Chehade said.
There’s a multistakeholder meeting planned for April or May next year (I’ve heard both dates), to be hosted by Brazil, that will look at internet governance post-Snowden.
This meeting is about “allowing ICANN to not expand its remit”, according to Chehade. He said: “We don’t want to expand our remit.”
What we seem to be looking at here is the creation for a new organization, of which ICANN could be a member, that will allow stakeholders to coordinate responses to tricky cross-border internet problems.
While ICANN seems to be taking the leading role in its creation, it doesn’t sound like ICANN is trying to get into issues beyond naming and addressing, judging by Chehade’s speech this morning
Chehade also talked up ICANN’s support for the domain name industry.
He admitted that ICANN has caused a lot of problems for new gTLD applicants over the course of the gTLD program, but promised that this will change, with ICANN taking a more “background” role.
“You need less risk and more stability from the ICANN side,” he said. “You have suffered for a long time from a lot of instability, a lot of unknowns.”
Increased automation, internationlization and professionalism from ICANN will serve this goal, he said.
ICANN’s compliance department, he added, should “not be the policeman for the industry but be customer service for the registrants”, he said.

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Six more gTLD contracts signed

Kevin Murphy, October 28, 2013, Domain Registries

ICANN signed six more new gTLD Registry Agreements on Friday, bringing the week’s total to eight.
Donuts added .cab, .computer and .support to its rapidly expanding portfolio of generics, while its partner United TLD (Demand Media) added .dance.
GMO Registry, which had teething troubles during Initial Evaluation before switching back-end providers, signed a contract for the Japanese geographic .nagoya.
Finally, Spanish clothing company Punto Fa, S.L., trading as MANGO, got the dot-brand .mango.
ICANN now has 72 new gTLD RAs, the first four of which have gone live.

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Three new gTLDs makes it through evaluation

Kevin Murphy, October 25, 2013, Domain Registries

Three new gTLD applications passed either Initial or Extended Evaluation this week, according to ICANN’s latest updates.
MMA IARD, a French insurance company, passed IE for .mma, a dot-brand. It’s an uncontested application, so it seems unlikely that “mixed martial arts” will ever have its own exact-match gTLD.
Boston Consulting Group and I-REGISTRY passed Extended Evaluation on .bcg and .online respectively.
Both had failed IE first time around for failing to provide sufficient financial statements, and both seem to have rectified the problem in EE.
I-REGISTRY’s pass means all four remaining .online applicants are through evaluation and can begin to fight out the contention set among themselves.

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ICANN signs contracts for .wang and .democrat

Kevin Murphy, October 25, 2013, Domain Registries

The new gTLD applicants behind .wang and .democract are the latest to sign Registry Agreements with ICANN.
Demand Media’s United TLD is behind .democrat, while .wang was applied for by small Chinese portfolio applicant Zodiac Holdings. Both were uncontested applications.
Both are to be open gTLDs.
For .democrat, Demand expects names to be registered by anyone who identifies themselves as a democrat. There were no objections, and to the best of my knowledge no explicit support, from “Democrat” parties
.wang is a weird one.
It’s the Latin-script transliteration of the Chinese character 网, which means “net”. Zodiac couldn’t apply for the Chinese because it’s a single character, which are not yet allowed under ICANN rules.
I understand that 网 is often used by Chinese speakers to mean “network” or “website”, but I don’t know how commonly the ASCII “wang” is used instead. Seems like a stretch.
It also of course is a common Chinese surname and a juvenile euphemism for “penis”.

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TLDH raises $5 million from gTLD auctions

Kevin Murphy, October 25, 2013, Domain Registries

Top Level Domain Holdings made almost $5 million by losing auctions for the .lawyer and .website gTLDs this week, according to the company.
The London-listed company told the markets today that it has added £2.97 million ($4.81 million) to its coffers as a result of the auctions, in which Radix won .website and Donuts won .lawyer.
The number is net of the 4% cut taken by Innovative, which conducted the auctions, and the two $65,000 refunds TLDH will receive from ICANN when it withdraws the applications.
Some portion of the $4.8 million TLDH will have received from Donuts, where .lawyer was a two-horse race.
Radix’s winning bid for .website will have been split evenly between TLDH and Donuts.
At least one of these TLDs seems to have sold for significantly more than the average private auction selling price, which was $1.33 million after the first 14 Innovative auctions.
Innovative has managed auctions for 18 strings, but we don’t know the total price of the latest four.
The .website and .lawyer deals means TLDH now has £10.1 million ($16.3 million) in cash reserves, according to a company press release.
It still has 43 contested applications, however. On a $16 million budget — quite a lot less than some of its portfolio rivals — the company is going to have to make some smart tactical moves to maximize its gTLD portfolio.
“Our strategy remains to best monetise those applications where we see least value so that we can maximise our ability to acquire those names in which we see greatest value,” chairman Fred Krueger said in the press release.
It still has stakes in 25 uncontested gTLDs.
NOTE: An earlier version of this story contained inaccurate statements — failing to take into account that .website was a three-way contest — about the average selling price of new gTLDs at auction.

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First URS case decided with Facebook the victor

Kevin Murphy, October 25, 2013, Domain Policy

Facebook has become the first company to win a Uniform Rapid Suspension complaint.
The case, which dealt with the domain facebok.pw, took 37 days from start to finish.
This is what the suspended site now looks like:

The URS was designed for new gTLDs, but .PW Registry decided to adopt it too, to help it deal with some of the abuse it started to experience when it launched earlier this year.
Facebook was the first to file a complaint, on August 21. According to the decision, the case commenced about three weeks later, September 11, and was decided September 26.
I don’t know when the decision was published, but World Trademark Review appears to have been the first to spot it.
It was pretty much a slam-dunk, uncontroversial decision, as you might imagine given the domain. The standard is “clear and convincing evidence”, a heavier burden than UDRP.
The registrant did not respond to the complaint, but Facebook provided evidence showing he was a serial cybersquatter.
The decision was made by the National Arbitration Forum’s Darryl Wilson, who has over 100 UDRP cases under his belt. Here’s the meat of it:

IDENTICAL OR CONFUSINGLY SIMILAR
The only difference between the Domain Name, facebok.pw, and the Complainant’s FACEBOOK mark is the absence of one letter (“o”) in the Domain Name. In addition, it is well accepted that the top level domain is irrelevant in assessing identity or confusing similarity, thus the “.pw” is of no consequence here. The Examiner finds that the Domain Name is confusingly similar to Complainant’s FACEBOOK mark.
NO RIGHTS OR LEGITIMATE INTERESTS
To the best of the Complainant’s knowledge, the Respondent does not have any rights in the name FACEBOOK or “facebok” nor is the Respondent commonly known by either name. Complainant has not authorized Respondent’s use of its mark and has no affiliation with Respondent. The Domain Name points to a web page listing links for popular search topics which Respondent appears to use to generate click through fees for Respondent’s personal financial gain. Such use does not constitute a bona fide offering of goods or services and wrongfully misappropriates Complainant’s mark’s goodwill. The Examiner finds that the Respondent has established no rights or legitimate interests in the Domain Name.
BAD FAITH REGISTRATION AND USE
The Domain Name was registered and is being used in bad faith.
The Domain Name was registered on or about March 26, 2013, nine years after the Complainant’s FACEBOOK marks were first used and began gaining global notoriety.
The Examiner finds that the Respondent has engaged in a pattern of illegitimate domain name registrations (See Complainant’s exhibit URS Site Screenshot) whereby Respondent has either altered letters in, or added new letters to, well-known trademarks. Such behavior supports a conclusion of Respondent’s bad faith registration and use. Furthermore, the Complainant submits that the Respondent is using the Domain Name in order to attract for commercial gain Internet users to its parking website by creating a likelihood of confusion as to the source, sponsorship or affiliation of the website. The Examiner finds such behavior to further evidence Respondent’s bad faith registration and use.

The only remedy for URS is suspension of the domain. According to Whois, it still belongs to the respondent.
Read the decision in full here.

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Here’s how to display new IDN gTLDs in Chrome

Kevin Murphy, October 24, 2013, Domain Tech

A lot of people have noticed since the first four new gTLDs were delegated yesterday that Google’s Chrome browser doesn’t seem to handle internationalized domain names.
In fact it does, but if you’re an English-speaking user you’ll probably need to make a few small configuration changes, which should take less than a minute, to make it work.
If you’re using Chrome and you click this link http://nic.сайт chances are your address bar is going to automatically translate it and display it as http://nic.xn--80aswg/.
As far as the DNS is concerned, these are the same URLs. They’re just displayed differently by Chrome, depending on your browser’s display languages settings.
If you want to see the Cyrillic version in your address bar, simply:

  • Go to the Chrome Settings menu via the toolbar menu or by typing chrome://settings into the address bar.
  • Click the “Language and input settings” button. It’s in the Advanced options bit, which may be hidden at first. Scroll all the way down to unhide.
  • Click the Add button to add the languages you want to support in the address bar.

Right now, you can see all three active IDN gTLDs in their intended scripts by adding Arabic, Chinese (Simplified Han) and Russian. As gTLDs in other scripts are added, you’ll need to add those too.
Simple.
Thanks to DNS jack o’ all trades Jothan Frakes for telling me how to do this.

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ICANN helps bust Russian child porn ring

Kevin Murphy, October 24, 2013, Domain Policy

ICANN recently helped break up a Russian child pornography ring.
That’s according to a remarkable anecdote from CEO Fadi Chehade, speaking during a session at the Internet Governance Forum in Bali, Indonesia today.
The “investigative effort” took “months” and seems to have entailed ICANN staff sifting through company records and liaising with law enforcement and domain name companies on three continents.
Here’s the anecdote in full:

We participated in a global effort to break down a child pornography ring.
You think: what is ICANN doing with a child pornography ring? Well, simple answer: where does child pornography get put up? On a web site. Where’s that web site hosted? Well, probably at some hosting company that was given the web site name by a registrar that is hopefully a registrar or reseller in the ICANN network.
We have a public responsibility to help with that.
We have some of the smartest people in the world in that space.
It took us months to nail the child pornography ring.
It took us through LA to Panama. We had to work with the attorney general of Panama to find the roots of that company. One of our team members who speaks Spanish went into public company records until he found, connected — these are investigative efforts that we do with law enforcement — then we brought in the registrars, the registries… and it turned out that this ring was actually in Russia and then we had to involve the Russian authorities.
ICANN does all of this work quietly, in the background, for the public interest.

Wow.
At first I wasn’t sure what to make of this. On the one hand: this obviously excellent news for abused kids and ICANN should be congratulated for whatever role it took in bringing the perpetrators to justice.
On the other hand: is it really ICANN’s job to take a leading role in covert criminal investigations? Why are ICANN staffers needed to trawl through Panamanian company records? Isn’t this what the police are for?
ICANN is, after all, a technical coordination body that repeatedly professes to not want to involve itself in “content” issues.
Session moderator Bertrand de La Chappelle, currently serving out his last month on the ICANN board of directors, addressed this apparent disconnect directly, asking Chehade to clarify that ICANN is not trying to expand its role.
In response, Chehade seemed to characterize ICANN as something of an ad hoc coordinator in these kinds of circumstances:

There are many topics that there is no home for them to be addressed, so ICANN gets the pressure. People come to us and say: “Well you solve this, aren’t you running the internet?”
We are not running the internet. We do names and numbers. We’re a technical community, that’s what we do.
But the pressure is mounting on us. So it’s part of our goal to address the larger issues that we’re not part of, is to frankly keep us focused on our remit. In fact, ICANN should become smaller, not bigger. It should focus on what it does. The only area we should get bigger in is involving more people so we can truly say we’re legitimate and inclusive.
The bigger issues and the other issues of content and how the internet is used and who does what, we should be very much in the background. If there is a legal issue, if we are approached legally by an edict of a court or… if it’s a process we have to respond to it.
We don’t want to be instigating or participating or leading… we don’t, we really don’t.

A desire to make ICANN smaller doesn’t seem to tally with the rapid expansion of its global footprint of hubs and branch offices and the planned doubling of its staff count.
Indeed, the very next person to speak on today’s panel was Chehade’s senior advisor and head of communications Sally Costerton, who talked about her team doubling in size this year.
I don’t personally subscribe to the idea that ICANN should be shrinking — too much is being asked of it, even if it does stick to its original remit — but I’m also not convinced that it’s the right place to be be carrying out criminal investigations. That’s what the cops are for.

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Donuts wins three new gTLD auctions

Kevin Murphy, October 24, 2013, Domain Registries

Donuts has added .lawyer, .fish and .discount to its portfolio of new gTLDs, having won private auctions against its competitors for the strings this week.
It beat Top Level Domain Holdings for .lawyer and WhatBox for .fish and .discount, according to a blog post from Innovative Auctions, which managed the auction.
The winning bids were, as usual, not disclosed. The losing bidders receive most of the cash the winning bidder was willing to pay.
The three auctions were part of a surprisingly small batch that included .website, where Radix beat TLDH yesterday. Innovative says it has settled 18 contention sets to date.
The gTLD strings .discount and .lawyer are still subject to Governmental Advisory Committee “Category 1” advice, meaning the GAC wants them to be regulated for consumer protection reasons.

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On day one, Donuts in breach of new gTLD contract

Kevin Murphy, October 24, 2013, Domain Registries

Ooops! Donuts accidentally broke the terms of its first new gTLD Registry Agreement last night, just hours after its first string, .游戏, was delegated to the DNS root.
If you’ve been following the name collisions debate closely, you’ll recall that all new gTLD registries are banned from activating any second-level domains for 120 days after they sign their contracts:

Registry Operator shall not activate any names in the DNS zone for the Registry TLD (except for “NIC”) until at least 120 calendar days after the effective date of this agreement.

For the first four gTLDs to go live, that clock doesn’t stop ticking until November 12.
And yet, last night, Donuts activated donuts.游戏, apparently in violation of its new contractual obligations with ICANN.
The name was live and resolving for at least an hour. Donuts pulled it after we asked a company executive whether it might be a breach of contract.
I don’t think it’s a big deal, and I doubt ICANN needs to take any action.
Chalk it down to the understandable ebullience that naturally accompanies finally getting delegated to the root after such a long and painful evaluation process.
The 120-day rule was also a late amendment to Specification 6 of the RA, added by ICANN just seven days before .游戏 was delegated and over three months after Donuts signed the original contract.
It’s designed to address the potential for collisions between second-level domains in new gTLDs and names used on internal networks that already have working SSL certificates.
The no-activation window was chosen to match the 120-day period that the CA/Browser Forum gives its certificate authority members to revoke clashing certificates.
It seems unlikely donuts.游戏 will have caused any security issues during the brief period it was alive.

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