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Ready to apply for a gTLD? No, you’re not. Not even remotely

Kieren McCarthy, January 11, 2011, Domain Registries

Editor’s Note: This is a guest post by Kieren McCarthy.
So, yes, it’s been a long, drawn-out and dispiriting exercise to get to the point where the structure of the internet will be radically changed forever.
But even if the US government invades ICANN’s offices in Los Angeles, trademark lawyers kidnap Rod Beckstrom, and Marilyn Cade clones herself 100 times, nothing can stop the raw reality that 2011 is the year of the gTLD. It’s happening. So stop sulking and start getting excited about it.
It’s been a long 30 months since Paris in June 2008. Plenty of time to talk and plan and consider the future. The biggest negative impact of this delay however has not been on the process but on the gTLD applicants themselves who have started to persuade themselves they know what they’re doing.
We don’t need a four-month communication period, they cry, we are ready to go. We have been ready to go for two years!
The sad truth however is that you’re not. You’re not even remotely ready to face a brave new world of internet extensions that fit around its users, rather than the other way around.
Sure, you know the rules in the Applicant Guidebook. Well, most of them. And you know how the application process will work (but you don’t though, do you?). But that’s all just paperwork, as soon as you get through the doors of bureaucracy there standing in the brilliant light will be hundreds of thousands of internet users clamoring to hear what you have to tell them, basking in the glory of a new dawn.
Except they won’t.
Instead you are more likely to find yourself coming out of a cinema in a bad part of town just as the sun sets, looking for a taxi and realizing you haven’t got enough cash left to get home.
Make no mistake: new internet extensions are the future of this extraordinary global network. VeriSign doesn’t drop half a million dollars for a one-hour session at an ICANN meeting if it’s doesn’t think it’s critical to its future. But there was a long gap between the invention of the steam engine and the Japanese bullet train. The Wright Brothers took off in 1903 but it took 32 years for the DC-3 to bring air travel to commercial travelers.
The big boys will be fine of course; they have the money and resources to flex and change. But if you are not VeriSign or GoDaddy, how are you going to ensure that your internet dream isn’t just a pipe-dream or, worse still, a nightmare?
The answer is terrifying simple: talk to people.
The fact is that no one knows how the domain name market will pan out in the next few years. There are plenty of ideas, some new, some radical. Some of these will take root; others will fade or fail. The only way to get a sense of what will be a rapidly changing market is to find out what everyone else thinks. You need to talk to everyone, and they need to talk to you.
The other side of this coin is learning from the past. We have had two previous extensions of the internet namespace, albeit much smaller. But those that started up the dot-infos and dot-names were once in the same place as new applicants will be in six months’ time: full of ideas and staring at an uncertain path forward.
The domain name industry, though still maturing, is also not an empty space anymore. There are enough established companies and there have been enough conferences and meetings about that market for relationships to be formed. A status quo of sorts is in place, and a collective sense of how things work has emerged.
Even so, was it only me that listened to person after person in 2010 call ICANN’s economic studies inaccurate and incomplete and thought: “Not one of you has the same idea about the industry you live within.”
How much do new gTLD applicants know or even understanding the different sides of this industry?
If you go to ICANN meetings, you may know some of the politics of it. You may even have grasped some of the multitude of processes that accompany internet infrastructure. But you won’t have got a feel for the sheer business of the internet.
If you come from the domainer industry, chances are you have a sense of the intrinsic value of domains and what makes them move or not move. But even the CEO of Oversee.net, Jeff Kupietsky, said this time last year there needs to be some kind of organized effort to turn what is an ad hoc market into something more stable. Domainers know how auctions work – but not how to build the factory to make the products that are sold.
If you have run a registry in the past, you may have a leg up. But how do you differentiate between useful lessons from the past, and old ways of thinking that will put you at a competitive disadvantage?
How many of those wonderful, market-tested systems have in fact been dangerously patched and cobbled together over the past decade? How will you recognize the market-changing products when they appear?
And, of course, the biggest, the most unknown and yet the most crucially important aspect of new gTLDs: marketing.
In an industry where the epitome of marketing prowess is a woman making double entendres in a tight T-shirt, we all have much to learn from the marketing crowd. When you enter the market alongside 499 other new extensions, you better be damn sure you have a plan to persuade people why they should choose yours.
So what is the solution? Well a big part of one solution is to attend the first ever conference that is dedicated to figuring out this new market.
The .nxt conference on 9-10 February in San Francisco will feature everyone from ICANN’s CEO and the ICANN staff in charge of running the process, to the established players, the visionaries as well as the heretics, the observers and the advisers.
Over two days, you will get a masterclass in what we all collectively know, and are still figuring out, about new internet extensions. It’s the one place where you can check your assumptions and learn about others’. Miss that opportunity and in 12 months’ time you’ll be wondering how you managed to get it all so wrong.
Kieren McCarthy is an author and consultant, formerly ICANN’s general manager of public participation. He is a founder of the Global Internet Business Coalition and general manager of the .nxt conference.

Drunk domain blogger gets mugged in Cartagena

Kevin Murphy, December 10, 2010, It's Friday

ICANN people love defining things, and a few people at the meeting here in Cartagena have disputed whether this anecdote meets the strict definition of “mugging”.
Okay, I didn’t wind up with a knife in my ribs, they weren’t carrying firearms, and they didn’t get my wallet.
But they were going to beat me up (at the very least) if I didn’t give them what they wanted and it’s really just blind luck that I managed to blag my way out of it.
I often find that these kinds of stories are better related in first-person present tense.
So it’s 4am, and I’m blatantly flouting ICANN’s security advice by walking, rather than getting a taxi, back from .CO Internet’s rather nice afterparty to my considerably less-nice hotel.
But it’s only two or three short blocks, and I’m inside the walled city, so I reckon I’m safe.
Wrong.
Two thuggish-looking blokes quickly appear beside me and one of them starts mouthing off in unusually good English about how I owe him money for a coke deal I’m apparently somehow implicated in.
I’m not kidding.
I forget the details, but the gist of it is that I need to give them both an unspecified large amount of money for some drugs that I stole or something and that Bad Things will happen to my face if I refuse.
Unfortunately for the Escobar brothers, it turns out that at 4am, with half a bottle of Colombian fire-water in my belly, I’m invincible.
Or believe myself to be, anyway.
So I decide to play dumb, and just carry on walking. I figure I’ll pretend for as long as possible that I’m simple, or don’t speak English. My hotel is in sight by this point.
“Okay,” I say, confused look on my face, after he finishes his story.
“So you give us money?” he says.
“Okay,” I say, not giving him money.
“You give us money now.” he’s not asking this time.
“Okay,” I say. Walking a bit faster.
This goes on for two blocks. As dumb luck would have it, by the time he starts to loses his patience we’ve already reached my hotel.
Of course, at 4am, my two-star dive has its doors locked, and I have to ring the buzzer to get in.
Normally, the young girl on the desk buzzes me through two seconds later. Of course, normally I don’t show up in the dead of night accompanied by two burly Colombian guys yelling about drug money.
So she understandably doesn’t want to let me in.
Trying to buy time, and unsure whether this is a violent scam or a genuine case of mistaken identity, I tell the guy he can have his money in the morning. Just drop by, pick it up, no worries.
I buzz again, but she still doesn’t want to let me in.
“You give me money now.”
I usually carry a bunch of small-denomination bills in my pocket when I’m on unfamiliar turf, for precisely this kind of scenario, so I grab a wad of notes and stuff them into his hand.
“Okay, here’s your money.”
Buzz again. Still no response.
I’m trying not to notice that the money I’ve just given him amounts to about two US dollars, but he clearly has noticed and is quite angry.
I’m told I now owe him 57,000 pesos, which strikes me as unusually specific.
Fortunately, I never get to find out why he settled on that amount. The girl buzzes me through and, after a brief struggle, Scarface eats door.
End of anecdote.
To me, it sounds like a mugging. Drug guys threatened to beat me up and I gave them $2 – that fits the definition, right? It may be the lamest mugging in Colombian history, but it’s still a mugging.
Anyway, that’s my story and I’m sticking to it.
Next time, I’ll try to get stabbed or something.

Will ITU object to phone number .tel domains?

Kevin Murphy, October 15, 2010, Domain Registries

Should Telnic be allowed to let people register their phone numbers as .tel domain names?
That’s the question ICANN is currently posing to the internet-using public, after it determined that allowing numeric-only .tel domains does not pose a security and stability threat.
If you can register a phone number in almost every other gTLD (except VeriSign’s .name), then why not in .tel? On the face of it, it’s a no-brainer.
But Telnic’s request represents a huge U-turn, reversing a position it has held for 10 years, that runs the risk of drawing the attention of the International Telecommunications Union.
Telnic originally applied for .tel during ICANN’s very first new gTLD round, back in 2000.
The third-party evaluator ICANN hired to review the new TLD applications clearly assumed that .tel domains would be mainly text-based, noting that Telnic, unlike other .tel bids:

does not make use of phone numbers in the sub-domain name, but instead uses names to designate the intended destination of VoIP calls… the Telnic application appears to have the least impact on PSTN numbering.

The report added, parenthetically: “It should be noted that Telnic’s application does not explicitly renounce the future use of numbers”.
That all changed after November 2000, when the ITU wrote to ICANN to express concerns about the four proposed telephony-related TLDs:

it is the view of ITU that it would be premature for ICANN to grant any E.164-related TLD application as this may jeopardize these cooperative activities or prejudice future DNS IP Telephony addressing requirements.

E.164 is the international telephone numbering plan, which the ITU oversees. It also forms the basis of the ENUM protocol, which stores phone numbers in the DNS under e164.arpa.
ICANN’s board of directors used the ITU letter to reject all four telephony TLDs, which irked Telnic. The would-be registry filed a Reconsideration Request in an attempt to get the decision reversed.
In it, Telnic attempted to persuade ICANN that the ITU had nothing to worry about with its “text-based” and strictly non-numeric TLD. The company wrote (my emphasis):

* All-digit strings will be permanently embargoed.
* Broad terms and conditions and safeguards will be implemented covering any abuses that could possibly lead to any PSTN confusion, conflict or similarity.
* Measured use of numbers might be permissible where there is no direct, marginal, implied or similar confusions/conflicts with PSTN codes or numbers – and where digits form an incidental part of a text string (e.g. johnsmith11.tel).

ICANN’s reconsideration committee denied the request.
In 2004, when ICANN’s sponsored TLD round opened up, Telnic applied for .tel again. This time, it was careful to avoid upsetting the ITU from the very outset.
Indeed, the second paragraph of its application stated clearly:

Digits are to be restricted to maintain the integrity of a letters/words based top-level domain and to avoid interference with established or future national and international telephone numbering plans.

The application referred to the namespace as “text-based” throughout, and even used the need for policies regulating the use of digits to justify the sponsoring organization it intended to create.
The application stated:

The .Tel will not:

Allow numeric-only domains to be registered, and therefore will not conflict with any national or international telephone numbering plan.

It also said:

Domain name strings containing only digits with or without a dash (e.g. 08001234567, 0-800-1234567) will be restricted and reserved to maintain the integrity as a letters/words based top-level domain

Despite these assurances, it was obvious that the ITU’s concerns about numeric .tel domains continued to bother ICANN right up until it finally approved .tel in 2006.
During the board meeting at which Telnic’s contract was approved, director Raimundo Beca pressed for the inclusion of language that addressed the constraints on numeric domains and chair Vint Cerf asked general counsel John Jeffrey to amend the resolution accordingly.
While that amendment appears to have never been made, it was clearly envisaged at the moment of the board vote that .tel was to steer clear of numeric-only domains.
Telnic’s contract now specifically excludes such registrations.
Given all this history, one might now argue that Telnic’s request to lift these restrictions is kind of a Big Deal.
A Telnic spokesperson tells me that, among other things, the current restrictions unfairly exclude companies that brand themselves with their phone numbers, such as 118-118 in the UK.
He added that Telnic request has been made now in part because VeriSign has requested the lifting of similar restrictions in .name, which ICANN has also concluded is not a stability problem.
However, as far as I can tell .name was not subject to the same kinds of ITU-related concerns as .tel when it was approved in 2000.
Telnic proposes one safeguard against conflict with E.164, in that it will not allow the registration of single-digit domains, reducing the potential for confusion with ENUM strings, which separate each digit with a dot.
If the ITU does rear its head in response to the current .tel public comment period, it will come at a awkward time, politically. Some ITU members have said recently they want the ITU to form a committee that would have veto power over ICANN’s decisions.
But Telnic says, in its proposal, that it does not know of anybody who is likely to object to its request.
Perhaps it is correct.

Palestine gets its own Arabic domain names

Kevin Murphy, August 6, 2010, Domain Registries

ICANN has awarded five more non-ASCII top-level domains under its internationalized domain name fast-track process for country-code TLD managers.
Palestine, Tunisia and Jordan will all shortly receive delegations for Arabic-script versions of their existing ccTLDs. They join previous recipients including Saudi Arabia and Egypt.
Palestine gets فلسطين, Tunisia gets تونس and Jordan gets الاردن.
These apparently translate as “Falasteen”, “Tunis” and “al-Ordan”, respectively, and are presumably more useful to Arabic speakers than .ps, .tn and .jo.
Because they’re all Arabic, the dots appear to the right of the TLD, rather than the left.
The Occupied Palestinian Territory is, of course, a fringe case when it comes to ccTLDs.
But long ago, IANA made it a matter of policy that it would make no decision about which country or territory deserves its own ccTLD.
If it’s on the ISO 3166-1 list, which is overseen by the UN, it’s in. Palestine was added to that list in 1999, and was awarded .ps by ICANN/IANA in 2000.
The .ps registry is sponsored by the Palestinian National Authority’s telecoms ministry.
ICANN has also resolved to delegate Thailand the IDN ccTLD .ไทย and Sri Lanka both .ලංකා and .இலங்கை.
Interestingly, these two TLDs were approved as part of yesterday’s board meeting’s consent agenda.
The three Arabic names were approved separately, preceded by this:

RESOLVED (2010.08.05.13), the Board IANA Committee is directed, in coordination with ICANN’s CEO, to create improvements to the processes and new guidelines for implementation of the IDN ccTLD Fast Track process.

Round-up of the ICANN new TLDs comment period

Today is the deadline to file comments on version four of ICANN’s Draft Applicant Guidebook for prospective new top-level domain registries.
Of the few dozen comments filed, the majority involve special pleading in one way or another – everybody has something to lose or gain from the contents of the DAG.
That said, I’ve read all the comments filed so far (so you don’t have to) and lots of good points are raised. It’s clear that whatever the final Applicant Guidebook contains, not everybody will get what they want.
Here’s a non-comprehensive round-up, organized by topic.
Trademark Protection
Trademark holders were among the first to file comments on DAG v4. As I’ve previously reported, Lego was first off the mark with an attempt to convince ICANN that the concerns of the IP lobby have not yet been resolved.
Since then, a few more of the usual suspects from the IP constituency, such as Verizon and InterContinental Hotels, have filed comments.
The concerns are very similar: the Universal Rapid Suspension process for trademark infringements is too slow and expensive, the Trademark Clearinghouse does not remove cost or prevent typosquatting, not enough is done to prevent deadbeat registries.
Verizon, a long-time opponent of the new TLD program and a rigorous enforcer of its trademarks, used its letter to raise the issue of cybercrime and hit on pressure points relating to compliance.
It brings up the KnujOn report (pdf) released in Brussels, which accused ICANN registrars of being willfully blind to customer abuses, and the fact that ICANN compliance head David Giza recently quit.
Two IP-focused registrars also weighed in on trademark protection.
Com Laude’s Nick Wood filed a very good point-by-point breakdown of why the URS process has become too bloated to be considered “rapid” in the eyes of trademark holders.
Fred Felman of MarkMonitor covers the same ground on rights protection mechanisms, but also questions more fundamentally whether ICANN has shown that the new TLD round is even economically desirable.
Felman has doubts that new gTLDs will do anything to create competition in the domain name market, writing:

the vast majority of gTLDs currently being proposed in this round are gTLDs that hide traditional domain registration models behind a veil of purported innovation and creativity

Well, I guess somebody had to say it.
Fees
There are concerns from the developing world that $185,000, along with all the associated costs of applying for a TLD, is too steep a price to pay.
The “African ICANN Community” filed a comment a month ago asking ICANN to consider reducing or waiving certain fees in order to make the program more accessible for African applicants.
Several potential TLD registries also think it’s unfair that applicants have to pay $185,000 for each TLD they want to run, even if it’s basically the same word in multiple scripts.
Constantine Roussos, who intends to apply for .music, reiterated the points he brought up during the ICANN board public forum in Brussels last month.
Roussos believes that applicants should not have to pay the full $185,000 for each non-ASCII internationalized domain name variant of their primary TLD.
He wrote that he intends to apply for about six IDN versions of .music, along with some non-English Latin-script variants such as .musique.
Antony Van Couvering of registry consultant Minds + Machines and .bayern bidder Bayern Connect both echo this point, noting that many geographical names have multiple IDN variants – Cologne//Koeln/Köln, for example.
Roussos also notes, wisely I think, that it appears to be a waste of money paying consultants to evaluate back-end registry providers for applicants who choose to go with an recognized incumbent such as VeriSign, NeuStar or Afilias.
Another request for lower fees comes from the Japan Internet Domain Name Council, which thinks geographical TLD applications from small cities should receive a discount, as well as a waiver of any fees usually required to object to a third-party application.
Contended Strings and Front-Running
Of the known proposed TLDs, there are several strings that will very likely be contended by multiple bidders. This has led to maneuvering by some applicants designed to increase their chances of winning.
Roussos suggested that applicants such as his own .music bid, which have made their plans public for years, should be awarded bonus points during evaluation.
This would help prevent last-minute con artists stepping in with “copy-paste” bids for widely publicized TLDs, in the hope of being paid off by the original applicant, he indicated.
Roussos thinks the amount of work his .music has done in raising community awareness around new TLDs has earned the company extra credit.
It’s a thought echoed by Markus Bahmann, dotBayern’s chairman, and his counterpart at dotHamburg.
The opposing view is put forward by rival .bayern bidder Bayern Connect’s Caspar von Veltheim. He reckons such a system would put “insiders” at an unfair advantage.
M+M’s Van Couvering also said he opposes any applicant getting special treatment and added that M+M wants an explicit ban on trademark front-running included in the DAG.
Front-running is the practice of registering a TLD as a trademark in order to gain some special advantage in the new TLD evaluation process or in court afterward.
(M+M’s owner, Top Level Domain Holdings, has reportedly been front-running itself – attempting to defensively register trademarks in the likes of .kids, .books and .poker, while simultaneously trying to fight off similar attempts from potential rivals.)
Roussos of .music responded directly to M+M this afternoon, presenting the opposite view and promising to use its trademarks to defend itself (I’m assuming he means in court) if another .music applicant prevails.

Rest assured that if we, as .MUSIC are faced with the possibility of being gamed and abused in a manner that we find illegal, we will use our trademarks and other means necessary to do what we have to do to protect ourselves and our respective community.

He said .music is trademarked in 20 countries.
Morality and Public Order
This was a hot topic in Brussels, after the ICANN Governmental Advisory Committee agreed that it did not like the “MOPO” objection provisions of DAG v4, but could not think of a better replacement.
MOPO would give a way for governments to scupper bids if they do not like the morality implications. Anybody applying for .gay, for example, would have to deal with this kind of nonsense.
Jacob Malthouse of BigRoom, one of the would-be .eco bidders, reckons ICANN should treat the GAC the same as it treated the GNSO on the issue of vertical integration – remove MOPO from the DAG entirely in order to force the GAC to come up with something better.
The GAC had previously said it would address the MOPO issue in its comments on DAGv4, but its filing has not yet appeared on the ICANN site.
There’s a GNSO working group over here, but M+M’s Van Couvering notes that no GAC members have got involved post-Brussels.
Terrorism
Two commentators objected to the idea that an applicant could be rejected for involvement in “terrorism”, a term that DAGv4 does not define.
I reported on this a few days ago, but since then Khaled Fattal of the Multilingual Internet Group has filed a surprising rant that seems to indicate he has way more beef than really necessary.
Here’s a few quotes mined from the full comment:

it will alienate many in the international community who will choose not to take part in future ICANN processes including its New gTLDs, distrusting ICANN’s motives, or actively choosing to boycotting it, and causing many to seriously start re-considering alternatives.

as a Syrian born Arab American would I pass the IvCANN terrorism verification check as they are? After all Syria, my country of birth, is on the U.S. Government list of states sponsor of terrorism? And I admit, I do know an “Osama”, does that disqualify me? I Forgot to add, “Osama Fattal” a cousin. So would I pass or fail this check?

The arbitrary inclusion of terrorism as a measuring stick without any internationally recognized laws or standards is wrong and offensive to many around the world. If acted upon, it will be seen by millions of Muslims and Arabs as racist, prejudicial and profiling and would clearly indicate that ICANN has gone far beyond its mandate.

Vertical Integration and .brand TLDs
The issue of whether registries and registrars should be allowed to own each other is a thorny one, but there’s barely any mention at all of it in the DAGv4 comments filed so far.
The DAGv4 language on VI, which effectively bans it, is a place-holder for whatever consensus policy the GNSO comes up with (in the unlikely event that its working group ever gets its act together).
Most efforts on VI are therefore currently focused in the GNSO. Nevertheless, some commentators do mention VI in their filings.
Roussos of .music wants .music to be able to vertically integrate.
Abdulaziz Al-Zoman of SaudiNIC said VI limits should be removed to help applicants who need to turn to third-party infrastructure providers.
From the IP lobby, Celia Ullman of cigarette maker Philip Morris notes that there’s nothing in DAGv4 about single-registrant .brand TLDs. She writes:

would this mean that trademark owners owning a gTLD would need to open the registration procedure to second-level domain names applied for to third unrelated parties? In this case, what would be the incentive of actually registering and operating such a gTLD?

Clearly, the idea that a .brand would have to be open to all ICANN registrars on a non-discriminatory basis is enough to make any trademark attorney choke on their caviare.
JPNIC, the .jp ccTLD operator, also points out that DAGv4 says next to nothing about .brand TLDs and strongly suggests that the final Applicant Guidebook spells out just what a registry is allowed to do with its namespace (lawsuits are mentioned)
Disclaimer
I’ve paraphrased almost everybody in this article, and I’ve done it rather quickly. Despite my best efforts, some important nuance may have been lost in the act.
If you want to know what the commentators I’ve cited think, in their own words, I’ve linked to their comments individually throughout.
I may update this post as further comments are filed.

Will ICANN punt .xxx in Brussels?

Is ICANN set to delay approval of the proposed .xxx top-level domain – again – in Brussels?
That’s my reading of ICANN’s latest document concerning ICM Registry’s long-running and controversial battle for a porn-only TLD.
This week, ICANN submitted its summary of the public comment period that ran to May 10. It’s a fair bit shorter than the one Kieren McCarthy compiled for ICM last month.
As usual, it’s written in a fairly neutral tone. But, if you’re feeling conspiratorial, the mask does slip on occasion, perhaps giving a sense of where the .xxx application could head next.
The ICANN summary occasionally breaks from reporting what a commenter actually said in order to highlight a potential problem they did not address.
Example (my emphasis):

Only two commenters directly addressed the question of further interaction with the Governmental Advisory Committee (GAC) on the .XXX sTLD Application. Both of those commenters were against seeking any further input from the GAC outside of any public comment period. Neither of these commenters – nor any other – addressed the potential violation of the ICANN Bylaws that could result from the Board’s failure to properly consider the advice of the GAC

This suggests, to me, that the ICANN board will be receiving advice to the effect that further GAC input needs to be forthcoming before it can move forward with .xxx.
If this is the case, the GAC might have to produce some advice before next Friday’s board meeting if ICM has any hope of getting back around the negotiating table prior to Cartagena in December.
That’s not the only reason to believe ICANN may punt .xxx again, however. Elsewhere in the report, we read (my emphasis again):

For those in favor of proceeding with the .XXX sTLD Application, many created an alternative option – that ICM and ICANN should proceed to a contract right away. There was substantial discussion on this point in the ICM submissions. Few commenters addressed the technical realities identified within the Process Report ‐ that prompt execution of the agreement negotiated in 2007 is not feasible.

The Process Report referenced says that it is not possible to go straight into contract talks because ICM first applied for .xxx more than six years ago.
This has been a bone of contention. ICM points to .post, which was applied for at the same time as .xxx and only approved late last year, as proof that the passage of time should be no barrier.
But ICANN president Rod Beckstrom doesn’t buy that comparison. He wrote to ICM (pdf) at the end of March noting that .post was backed by the International Postal Union, whereas .xxx is “sponsored” by IFFOR, an organization created by ICM purely to act as its sponsor.
In that letter, Beckstrom talks about due diligence to make sure ICM and IFFOR still satisfy financial and technical criteria, and a review of whether .xxx “can still satisfy the requisite sponsorship criteria”.
I’ll admit that I’m breaking out the crystal ball a bit here, and I’ve been wrong before, but I don’t think it’s looking great for ICM in Brussels.

Employ Media asks ICANN for a .jobs landrush

The company behind the .jobs sponsored top-level domain wants to loosen the shackles of sponsorship by vastly liberalizing its namespace.
Employ Media has applied (pdf) to ICANN to get rid of the current restrictions on .jobs domain ownership and open hundreds of thousands of strings to the highest bidder.
The registry wants to amend its contract with ICANN to cut the text that limits .jobs domains to the exact match or abbreviation of a company name, and add:

Domain registrations are permitted for other types of names (e.g., occupational and certain geographic identifiers) in addition to the “company name” designation.

Employ Media is basically asking for the right to open the floodgates to a complete relaunch of the .jobs TLD with very few restrictions on who can register and what strings they can register.
Phase One of the relaunch would be an RFP “to invite interested parties to propose specific plans for registration, use and promotion of domains that are not their company name”.
It sounds a little like the current .co Founders Program, or the marketing initiatives Afilias and Neustar asked for to supplement the auction of their single-character domains.
In practice, I expect that this first phase is when the DirectEmployers Association would expect to grab hundreds of thousands of .jobs domains under its universe.jobs business plan, in which it intends to offer job listings tailored to “city, state, geographic region, country, occupation [and] skill”.
Phase Two would see your basic landrush auction of any premium domains left over.
Phase three would be “A first-come, first-served real-time release of any domains not registered through the RFP or auction processes.”
While I have no strong views on the merits of this particular proposal, I do think that the application and ICANN’s response to it could wind up setting the template for how to operate a bait-and-switch in ICANN’s forthcoming round of new TLD applications.
If you say you want to do one thing with your TLD, and later decide you could make more money doing another, how much will ground will ICANN give when it comes to renegotiating your contract? It will be interesting to find out.
Reactions so far from the HR community have not been positive.
Steven Rothberg of CollegeRecruiter.com wrote that the process by which Employ Media’s sponsor, the Society for Human Resource Management, approved the new proposal “stunk”.
“The only winner here is Employ Media,” he wrote.
Comments posted at ERE.net, which has been on top of this story from the beginning, express what could be easily described as outrage over Employ Media’s plans.
The comment posted by Ted Daywalt of VetJobs.com is especially worth a read.
The Employ Media proposal has been submitted under ICANN’s Registry Services Evaluation Process, which allows comments to be submitted.

dotSport complains to ICANN about other .sports

One of the companies that intends to apply for the .sport top-level domain has written to ICANN, begging that it does not approve any TLDs for individual sports.
dotSport’s Policy Advisory Committee, which appears to think it already has rights in the .sport string, said ICANN should respect “sport solidarity”.
In other words, please don’t allow .tennis or .golf to be approved.
The company wrote:

The PAC members reiterate our concern that ICANN may be prematurely entertaining a process that will allow proliferation of names in sub-categories or individual sports, which will lead to a number of detrimental effects

The detrimental effects, referenced in this letter last August, basically boil down to the potential for user confusion and the need for defensive registrations by sports teams and personalities.
You could apply the same arguments to pretty much any potential new TLD – what would .music mean for the .hiphop community?
The dotSport PAC is filled with high-level appointees from more than half a dozen sports federations, representing sports from basketball to rugby to archery, so its views are far from irrelevant.
Its position appears to be that the DNS hierarchy should be used for taxonomic purposes, at least when it comes to sports.
It’s an argument that was floated all the way back in the 2000 round of TLD applications, and probably before.
Purely from a marketing point of view, it seems like a self-defeating objective to mandate the use of www.example.hockey.sport when www.example.hockey is an option.
The main example of such a mandatory multi-level taxonomy, the old-style .us ccTLD, was a spectacular commercial failure.
Could it be that dotSport wants to be the registry for all .sports for the price of one? It certainly appears that way.

Christians descend on ICANN’s .xxx forum

It took a few weeks, but American Christian groups have finally noticed that ICM Registry’s .xxx domain is back under consideration at ICANN.
The number of comments on ICANN’s latest .xxx public comment forum has rocketed today, reminiscent of the first time this proposal was considered.
While the emails fail to address the issues at hand — how ICANN should process ICM’s application in light of the IRP decision — they do at least avoid using form letters.
The general sentiment is anti-pornography, rather than anti-.xxx.
Here’s a sample:

Please do not approve a .xxx domain for peddlers of pornography. Pornography is degrading to women and destructive to families.

and

Pornography is vile and can lead to breakdown of marriages, abuse, even murder in some cases.

and

Money talks, and the money this kind of sleaze (“Dot-XXX”) generates veritably screams.

and

History has shown that civilizations that go down this road eventually fail due to lack of moral standards. This type of internet will increase the danger of a society that has no moorings, that has no “right or wrong.” It will lead to more such atrocities such as drugs, revolting against society, even death.

I hope you’re listening, ICM Registry. You are the lead in the drinking water.
Check it out.