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NTAG rubbishes new gTLD collision risk report

Kevin Murphy, August 15, 2013, Domain Policy

The New gTLD Applicants Group has slated Interisle Consulting’s report into the risk of new gTLDs causing security problems on the internet, saying the problem is “overstated”.
The group, which represents applicants for hundreds of gTLDs and has a non-voting role in ICANN’s GNSO, called on ICANN to reclassify hundreds of “Uncalculated” risk strings as “Low” risk, meaning they would not face as substantial a delay before or uncertainty about their eventual delegation.
But NTAG said it “agreed” that the high-risk .corp and .home “should be delayed while further studies are conducted”. The current ICANN proposal is actually to reject both of these strings.
NTAG was responding to ICANN’s proposal earlier this month to delay 523 applications (for 279 strings) by three to six months while further studies are carried out.
The proposal was based on Interisle’s study of DNS root server logs, which showed many millions of daily queries for gTLDs that currently do not exist but have been applied for.
The worry is that delegating those strings would cause problems such as downtime or data leakage, where sensitive information intended for a recipient on the same local network would be sent instead to a new gTLD registry or one of its (possibly malicious) registrants.
NTAG reckons the risk presented by Interisle has been overblown, and it presented a point-by-point analysis of its own. It called for everything except .corp and .home to be categorized “Low” risk, saying:

We recognize that a small number of applied for names may possibly pose a risk to current operations, but we believe very strongly that there is no quantitative basis for holding back strings that pose less measurable threat than almost all existing TLDs today. This is why we urge the board to proceed with the applications classified as “Unknown Risk” using the mitigations recommended by staff for “Low Risk” strings. We believe the 80% of strings classified as “Low Risk” should proceed immediately with no additional mitigations.

The group pointed to a recent analysis by Verisign (which, contrarily, was trying to show that new gTLDs should be delayed) which included data about previous new gTLD delegations.
That report (pdf) said that .xxx was seeing 4,018 look-ups per million queries at the DNS root (PPM) before it was delegated. The number for .asia was 2,708.
If you exclude .corp and .home, both of those PPM numbers are multiples larger than the equivalent measures of query volume for every applied-for gTLD today, also according to Verisign’s data.
NTAG said:

None of these strings pose any more risk than .xxx, .asia and other currently operating TLDs.

the least “dangerous” current gTLD on the chart, .sx, had 331 queries per million in 2006. This is a higher density of NXDOMAIN queries than all but five proposed new TLDs. 4 Again, .sx was launched successfully in 2012 with none of the problems predicted in these reports.

Verisign’s report, which sought to provide a more qualitative risk analysis based on some data-supported guesses about where the error traffic is coming from and why, anticipated this interpretation.
Verisign said:

This could indicate that there is nothing to worry about when adding new TLDs, because there was no global failure of DNS when this was done before. Alternately, one might conclude that traffic volumes are not the only indicator of risk, and the semantic meaning of strings might also play a role. We posit that in some cases, those strings with semantic meanings, and which are in common use (such as in speech, writing, etc.) pose a greater risk for naming collision.

The company spent most of its report making somewhat tenuous correlations between its data (such as a relatively large number of requests for .medical from Japanese IP addresses) and speculative impacts (such as “undiagnosed system failures” at “a healthcare provider in Japan”).
NTAG, by contrast, is playing down the potential for negative outcomes, saying that in many cases the risks introduced by new gTLDs are no different from collision risks at the second level in existing TLDs.

Just as the NTAG would not ask ICANN to halt .com registrations while a twelve month study is performed on these problems, we believe there is no reason to introduce a delay in diversifying the Internet’s namespace due to these concerns.

While it stopped short of alleging shenanigans this time around, NTAG also suggested that future studies of root server error traffic could be gamed if botnets were engaged to crapflood the roots.
Its own mitigation plan, which addresses Interisle’s specific concerns, says that most of the reasons that non-existent TLDs are being looked up are either not a problem or can be easily mitigated.
For example, it says that queries for .youtube that arrived in the form of a request for “www.youtube” are probably browser typos and that there’s no risk for users if they’re taken to the YouTube dot-brand instead of youtube.com.
In another example, it points out that requests for “.cisco” or “.toshiba” without any second-level domains won’t resolve anyway, if dotless domains are banned in those TLDs. (NTAG, which has influential members in favor of dotless domains, stopped short of asking for a blanket ban.)
The Interisle report, and ICANN’s proposal to deal with it, are open for public comment until September 17. NTAG’s response is remarkably quick off the mark, for guessable reasons.

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Verisign confirms .gov downtime, blames algorithm

Kevin Murphy, August 15, 2013, Domain Tech

Verisign this morning confirmed yesterday’s reports that the .gov top-level domain went down for some internet users due to a DNSSEC problem, which it said was related to an algorithm change.
In a posting to various mailing lists, Verisign principal engineer Duane Wessels said:

On the morning of August 14, a relatively small number of networks may have experienced an operational disruption related to the signing of the .gov zone. In preparation for a previously announced algorithm rollover, a software defect resulted in publishing the .gov zone signed only with DNSSEC algorithm 8 keys rather than with both algorithm 7 and 8. As a result .gov name resolution may have failed for validating recursive name servers. Upon discovery of the issue, Verisign took prompt action to restore the valid zone.
Verisign plans to proceed with the previously announced .gov algorithm rollover at the end of the month with the zone being signed with both algorithms for a period of approximately 10 days.

This clarifies that the problem was slightly different to what had been assumed yesterday.
It was related to change of the cryptographic algorithm used to create .gov’s DNSSEC keys, a relatively rare event, rather than a scheduled key rollover, which is a rather more frequent occurrence.
The problem would only have made .gov domains (and consequently web sites, email, etc) inaccessible for users of networks where DNSSEC validation is strictly enforced, which is quite small.
The US ISP with the strongest support for DNSSEC is Comcast. Since turning on its validators it has reported dozens of instances of DNSSEC failing — mostly in second-level .gov domains, where DNSSEC is mandated by US policy.
On two other occasions Comcast has blogged about the whole .gov TLD failing DNSSEC validation due to problems keeping keys up to date.
The general problem is widespread enough, and the impact severe enough, that Comcast has had to create an entirely new technology to prevent borked key rollovers making web sites go dark for its customers.
Called Negative Trust Anchors, it’s basically a Band-Aid that allows the ISP to deliberately ignore DNSSEC on a given domain while it waits for that domain’s owner to sort out its key problem.
The technology was created following the widely reported nasa.gov outage last year.
It’s really little wonder that so few organizations are interested in deploying DNSSEC today.
Yesterday’s .gov problem may have been minor, lasting only an hour or two, but had the affected TLD been .com, and had DNSSEC deployment been more widespread, everyone on the planet would have noticed.
Under ICANN contract, DNSSEC is mandatory for new gTLDs at the top level, but not the second level.

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Reports: .gov fails due to DNSSEC error

Kevin Murphy, August 14, 2013, Domain Tech

The .gov top-level domain suffered a DNSSEC problem today and was unavailable to some internet users, according to reports.
According to mailing lists and the SANS Internet Storm Center, it appeared that .gov rolled one of its DNSSEC keys without telling the root zone about the update.
This meant that anyone whose DNS servers do strict DNSSEC validation — a relatively small number of networks — would have been unable to access .gov web sites, email and other resources.
As a matter of policy, all second-level .gov domains have to be DNSSEC-signed.
The problem was corrected quite quickly — looks like within an hour or two — but as SANS noted, caching issues may prolong the impact.
Both .gov and the root zone are managed by Verisign, which isn’t on the best of terms with the US government at the moment.

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dotShabaka Diary — Day 3

Kevin Murphy, August 14, 2013, Domain Registries

Here’s the third installment of dotShabaka Registry’s journal, charting its progress towards becoming one of the first new gTLDs to go live, written by general manager Yasmin Omer.

Wednesday 14 August 2013
Our Pre-Delegation Testing (PDT) continues. The latest ICANN published timeframe shows 30 days duration to 30 August. Previous communications indicated it would take 14 days plus rectification (if required) and the PDT ‘clock’ is counting down 21 days. When will it end?
We now have access to the TMDB and have received the initial Registration Token. We have run some internal tests and it all looks OK. So what next? We will attend the TMDB webinar today and hopefully the TMDB integration and testing process will be defined. Stay tuned.
According to ICANN we will receive a ‘new Registry’ Welcome Pack soon. I suspect we are ‘ahead of the curve’ in terms of the timing of this pack and other applicants will receive this information once the Agreement is signed.
In other news, ICANN have published IOC, Red Cross and Red Crescent reserved lists in multiple languages, but the IGO list has not been defined. Is ICANN going to publish a list of countries (in six official United Nations languages) or is every Registry going to generate their own list with their own rules? I guess we’ll have to wait and see.

Read previous and future diary entries here.

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First string confusion decisions handed down, Verisign loses against .tvs

Kevin Murphy, August 13, 2013, Domain Policy

The International Centre for Dispute Resolution has started delivering its decisions in new gTLD String Confusion Objections, and we can report that Verisign has lost at least one case.
ICDR expert Stephen Strick delivered a brief, five-page ruling in the case of Verisign vs. T V Sundram Iyengar & Sons yesterday, ruling that .tvs is not confusingly similar to .tv.
TVS is a $6-billion-a-year, 100-year-old Indian conglomerate, while .tv is the ccTLD for Tuvalu, which Verisign manages because of its similarity of meaning to “television”.
It’s impossible to glean from the decision (pdf) what Verisign’s argument comprised. The summary is just two sentences long.
But TVS, in response, appears to have relied to an extent on the “DuPont factors” a 13-point test for trademark confusion that came out of a 1973 case in the US.
That’s the same precedent that has been found relevant in many Legal Rights Objections in cases handled by WIPO.
The “discussion and reasons for determination” section of the .tvs decision, in which Strick found that confusion was possible but not “probable”, amounts to just four sentences.
Here’s almost all of it. Emphasis in original:

in order for the Objector to prevail, Objector must prove that the co-existence of the two TLDs in question would probably result in user confusion. Given the analysis of the thirteen factors cited by Applicant derived from the DuPont case cited above, I find that Objector has failed to meet its burden of proof regarding the probability of such confusion. I note that while the co-existence of the two TLDs that are the subject of this proceeding may result in confusion by users, Objector has failed to meet its burden of proof to establish the likelihood or probability that users will be confused.
In considering parties’ arguments, I was persuaded, in part, by Applicant’s arguments relating to the commercial impression of the TVS TLD, including the proof offered by Applicant as to the longevity of the TVS brand, the limited nature of the gTLD’s intended use, the dissimilarity of the goods or services associated respectively with the two strings, ie TVS’s association with automobile products, the fact that TVS’s brand is associated with capital letters (whereas Objector’s .tv is in lower case), the fact that TVS is well known and associated with its companys’ [sic] brands, the lengthy market interface and the long historical co-existence of TVs and tv without evidence of confusion in the marketplace.

The geeks among you will no doubt be screaming at your screen right now: “WTF? He thought CASE was relevant?”
Yes, apparently the fact that the TVS trademark is in upper case makes a difference, despite the fact that the DNS is completely case-insensitive. Bit of a head-scratcher.
I understand several more decisions have also been sent to applicants and objectors, but they’re not yet pubicly available.
The ICDR’s web site for new gTLD decisions has been down for several days, returning 404 errors.

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CentralNic earmarks IPO money for new gTLDs

Kevin Murphy, August 13, 2013, Domain Registries

CentralNic this morning formally confirmed that it plans to float on the Alternative Investment Market in London and said the money raised will help it buy stakes in new gTLDs.
The London-based company plans to hit the market at the beginning of September. CEO Ben Crawford told The Telegraph yesterday that the company hopes to raise £5 million ($7.7 million) with the IPO.
CentralNic said in a press release this morning:

The Directors believe that the funds raised for the Group by the placing of shares will allow the Group to enhance its global distribution network, acquire interests in new gTLDs, expand its own retail business and obtain contracts from governments to operate their country code TLDs (“ccTLDs”), especially in developing markets.

While the company is best-known for running pseudo-gTLDs such as us.com and uk.com, it also provides the back-end for the repurposed ccTLDs .la and .pw and has 60 new gTLD back-end contracts, 25 of which are uncontested.
Crawford said in the press release:

We are profitable, debt free, asset backed and about to capitalise on the major changes being made to the internet with the influx of new TLDs. We already have in place the required IT infrastructure and global retailer network. We have also been awarded a significant number of new TLD contracts so the Company is confident of expanding rapidly.

According to The Telegraph, the IPO could value the company at £30 million ($46.4 million).
The Alternative Investment Market is the low-cap little brother to the London Stock Exchange. CentralNic will be the second registry, after Top Level Domain Holdings, to list there.

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New US trademark rules likely to exclude many dot-brand gTLDs

Kevin Murphy, August 13, 2013, Domain Policy

The US Patent and Trademark Office plans to allow domain name registries to get trademarks on their gTLDs.
Changes proposed this week seem to be limited to dot-brand gTLDs and would not appear to allow registries for generic strings — not even “closed” generics — to obtain trademarks.
But the rules are crafted in such a way that single-registrant dot-brands might be excluded.
Under existing USPTO policy, applications for trademarks that consist solely of a gTLD cannot be approved, because they don’t identify the source of goods and services.
If “.com” were a trademark, one might have to assume that the source of Amazon.com’s services was Verisign, which is plainly not the case.
But the new gTLD program has invited in hundreds of gTLDs that exactly match existing trademarks. The USPTO said:

Some of the new gTLDs under consideration may have significance as source identifiers… Accordingly, the USPTO is amending its gTLD policy to allow, in some circumstances, for the registration of a mark consisting of a gTLD for domain-name registration or registry services

In order to have a gTLD trademark approved, the applicant would have to pass several tests, substantially reducing the number of marks that would get the USPTO’s blessing.
First, only companies that have signed a Registry Agreement with ICANN would be able to get a gTLD trademark. That should continue to prohibit “front-running”, in which a gTLD applicant tries to secure an advantage during the application process by getting a trademark first.
Second, the registry would have to own a prior trademark for the gTLD string in question. It would have to exactly match the gTLD, though the dot would not be considered.
It would have to be a word mark, without attached disclaimers, for the same types of goods and services that web sites within the gTLD are supposed to provide.
What this seems to mean is that registries would not be able to get trademarks on closed generics.
You can’t get a US trademark on the word “cheese” if you sell cheese, for example, but you can if you sell a brand of T-shirts called Cheese.
So you could only get a trademark on “.cheese” as a gTLD if the class was something along the lines of “domain name registration services for web sites devoted to selling T-shirts”.
Third, registries would have to present a bunch of other evidence demonstrating that their brand is already so well-known that consumers will automatically assume they also own the gTLD:

Because consumers are so highly conditioned and may be predisposed to view gTLDs as non-source indicating, the applicant must show that consumers already will be so familiar with the wording as a mark, that they will transfer the source recognition even to the domain name registration or registry services.

Fourth, and here’s the kicker, the registry would have to show it provides a “legitimate service for the benefit of others”. The USPTO explained:

To be considered a service within the parameters of the Trademark Act, an activity must, inter alia, be primarily for the benefit of someone other than the applicant.

While operating a gTLD registry that is only available for the applicant’s employees or for the applicant’s marketing initiatives alone generally would not qualify as a service, registration for use by the applicant’s affiliated distributors typically would.

In other words, a .ford as a single-registrant gTLD would not qualify for a trademark, but a .ford that allowed its dealerships around the world to register domains would.
That appears to exclude many dot-brand applicants. In the current batch, most dot-brands expect to be the sole registrant as well as the registry, at least at first.
Some applications talk in vague terms about also opening up their namespace to affiliates, but in most applications I’ve read that’s a wait-and-see proposition.
The new USPTO rules, which are open for comment to people who have registered with its web site, would appear to apply to a very small number of applicants at this stage.

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New gTLD Application Tracker 3.0 launched

Kevin Murphy, August 12, 2013, Domain Services

While we’ve added several smaller requested features to the DI PRO New gTLD Application Tracker over the last few months, the time has come for the second big update to the service.
Subscribers have asked for a number of changes and upgrades to make it easier to quickly get at the data they need, and we’re happy to oblige.
The Application Tracker, has been updated in three areas.
New “Current Status” Tab
Talking to subscribers over the last few weeks, it became clear that different people are using the Application Tracker in different ways for different reasons.
Some want to be able to find out if, for example, an application has ever been objected to or received GAC advice, while others only want to know whether those objections and advice are still active.
From today, both use cases are made easier with the introduction of a new Current Status tab.
Searches conducted under this tab automatically filter out all withdrawn and rejected applications. If a contention set has been won, the winner will not display as contested in results.
Similarly, if an application managed to fight its way through objections or GAC advice, it will show as unopposed and unencumbered in search results pages.
DI PRO
Subscribers who want to carry on using the service to access historical information about applications can continue to use the previous version of the Application Tracker under the new “Original Status” tab.
Full IE Results
The existing IE Results database has been folded into the Application Tracker under a new tab, and there’s also a new option to see the full scores for each application that has passed through Initial Evaluation.
The new IE Results (Detailed) tab shows the scores each application received for each of the 27 Applicant Guidebook questions for which scores are made available
The Basic tab shows the financial and technical evaluation subtotals along with other information about the applicant and back-end provider.
New Search Options
With ICANN’s publication of Interilse Consulting’s report into the potential security risks of new gTLDs last week, each string was assigned a risk profile: Low, High or Uncalculated.
The database was updated with this information the same day it was published, but now you can search on it too, choosing to limit your search to, or omit, any of the three classes.
You can now also search for, or exclude, applications that have been rejected by ICANN. There are only three such applications right now, but I’m sure this option will become more useful in future.
Past and Future Updates
For details of all the original features of the Application Tracker, see this April blog post. For DI PRO subscription information, click here.
Subscribers can send suggestions for future updates to kevin@domainincite.com, as always.

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Former Go Daddy lawyer to run for Arizona governor

Kevin Murphy, August 12, 2013, Domain Registrars

Former Go Daddy general counsel Christine Jones wants to run for Governor of Arizona, it emerged last week.
Jones is planning to stand for the Republican nomination, filing her paperwork on Friday. She announced the move on Twitter:


Her campaign site plays on her record of testifying before the US Congress on internet-related issues such as fake pharmacies and child abuse materials, saying:

She also helped drive federal Internet-related legislation, including laws to keep the Web safe from child predators and rogue online pharmacies. For example, she helped push through bills such as the Ryan Haight Online Pharmacy Consumer Protection Act, the Protect Our Children Act, and the Keeping the Internet Devoid of Sexual Predators Act.

“Helped drive” appears to be a reference to Congressional testimony such as her statements about Go Daddy’s anti-CAM practices in 2006.
As well as children, her site also ticks the usual Republican politician boxes of religion (she’s a church singer, apparently) and the military (her husband is a retired US Air Force officer).
Jones was with Go Daddy for 10 years, leaving in May 2012.
One of her final projects at the company was her vocal support for the Stop Online Piracy Act in late 2011, which ultimately proved a vote-loser among Go Daddy’s customers, forcing a company U-turn.
Most of Arizona’s governors have been Democrats. The incumbent, Jan Brewer, is a Republican. The last three have been female.
Go Daddy employs thousands of people in the state, when it would be much cheaper to ship those jobs overseas, something that could score Jones brownie points if she can figure out a way to take credit for it.
For Go Daddy, if Jones were to win, having a friend in high places would no doubt prove a boon. The election is next year.

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TLDH commits to four private gTLD auctions

Kevin Murphy, August 12, 2013, Domain Registries

Top Level Domain Holdings has committed four of its applied-for gTLDs to private auctions due to kick off tomorrow.
The four strings are .guide, .casa, .网址 (“web address” in Chinese) and .fishing, each of which has only one competing applicant.
The company will bid against Donuts on .casa and .guide, Demand Media on .fishing and Hu Yi Global Information Resources on .网址.
Results of the auctions, managed by Innovative Auctions, are expected to be announced next week.
TLDH was initially cautious about the idea of private auctions, but later decided to participate, for reasons CEO Antony Van Couvering explained in this June article.
Over 100 strings, including 68 from Donuts, are expected to be hitting the block with Innovative this week. The first six strings to be auctioned this way raised an average of $1.5 million per string.
TLDH has 49 strings in active contention.

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