Delinquent top 20 registrar not delinquent after all

China’s largest domain name registrar isn’t shirking its ICANN fees, despite previous allegations to the contrary.
Xin Net, which has over 1.6 million gTLD domains under management, received a breach notice from ICANN last month which stated that the company was $2,000 in arrears with its payments.
The company was given until August 22 to correct the problem or risk losing its accreditation.
But in a subsequent compliance notice ICANN admitted that “due to an error the registrar’s account reflected a delinquent balance”.
The admission was buried deep in the notice and not immediately obvious to anyone browsing ICANN’s compliance pages.
The original notice also alleged a breach of the Inter-Registrar Transfer Policy with respect to the domain names rongzhu.net, qsns.net and zuixincn.com, which was not an error.
ICANN posts breach notices to its web site fairly regularly — 84 of them since mid-2008 — and more often than not they allege failure to pay fees in addition to other problems.

Comment Tagged: compliance, ICANN, irtp, xin net

Refunds uncertain as .nxt says sorry for cancelation

It’s not yet clear whether people who paid for tickets for the .nxt conference will get full refunds.
In an apologetic email sent to attendees last night, organizer Kieren McCarthy said that .nxt is “trying to recoup” money already paid to the conference venue. The email states in part:

For a number of reasons – the most significant being the fact that the ICANN process is still in flux – we were not able to get the number of attendees or sponsors needed.
Having communicated with a large number of people that the conference was directly aimed at, the conclusion would appear to be: right idea, wrong time. The conference was designed as a meeting place for a new industry to meet and interact. It is now clear that that effort was premature.
Unfortunately that does not resolve the fact that you are currently out of pocket, whether through a conference ticket, hotel room or flight to London.
.Nxt is currently trying to recoup money we have paid to the hotel venue so we are in a position to reimburse at least some of those costs. We will keep in touch with any developments.

Fewer than 100 people were registered for the $950-a-ticket three-day event, .nxt said. The first two conferences, held in San Francisco last year, attracted closer to double that number.
The company plans to offer some of its planned sessions online instead, according to the email and a statement on the conference web site.
McCarthy is currently calling would-be attendees to explain the situation. Many have been understanding, according to the email.
Some attendees have told us they want full refunds for their tickets and hotel rooms, when the hotel was booked via .nxt. Recouping money spent on airfare is a different matter, of course.
The conference, which also left some attendees out of pocket when it was postponed in June, is unlikely to return.

7 Comments Tagged: .nxt, ICANN, new gTLDs

Fight breaks out over .kiwi

New Zealand country-code manager InternetNZ has approved the creation of .kiwi.nz, setting the stage for a battle over the proposed new gTLD .kiwi.
InternetNZ announced the new second-level domain today. It’s designed to “increase choice” for New Zealanders who want to register their personal names as domain names.
But it stands to clash with .kiwi, a new gTLD applied for by Dot Kiwi Ltd, a New Zealand subsidiary of a Canadian company, which has partnered with Minds + Machines on the bid.
Dot Kiwi, which had objected to the .kiwi.nz domain, has branded InternetNZ’s move “dissappointing and lacking in common sense”, and suggested it is an attempt to capitalize on .kiwi’s advertising.
The applicant said in a statement:

Our opposition to InternetNZ’s confusing introduction of .kiwi.nzis well documented in repeated submissions we have made to them. Those submissions have been ignored. There will now be widespread confusion with the .kiwi.nz domain and the well-advertised forthcoming launch of the .kiwi domain.

But InternetNZ president Frank March said in a press release that the policy used to approve .kiwi.nz does not consider the possibility of confusion with proposed new gTLDs:

The policy for evaluating a new second-level domain takes into account existing second-level domains in .nz but not possible future changes, such as direct registration under .nz (which is currently being consulted on) or new generic Top Level Domains that may or may not be introduced at some point in the future.

The creation of the new second-level domain does not appear to give InternetNZ leverage to object to .kiwi, under a strict reading of the ICANN Applicant Guidebook.
For ccTLDs to file a String Confusion Objection against a new gTLD application, they must assert confusion with the TLD; the objection does not appear to cover 2LDs.
To date, there has been only one public comment filed with ICANN about .kiwi on confusion grounds.
Kiwis will get an opportunity to vote with their wallets, it seems.
Registrations under .kiwi.nz are expected to open September 11, but under InternetNZ policy .kiwi.nz will not actually go live until a minimum threshold of 500 domains has been passed, the company said.

7 Comments Tagged: .kiwi, .kiwi.nz, .nz, dot kiwi, ICANN, internetnz, new gTLDs

Malaysia to get new Arabic ccTLD

ICANN’s board of directors is set to approve مليسيا., the Arabic name for Malaysia, at a meeting next week.
Delegation of the internationalized country-code top-level domain is listed on the board’s consent agenda for next week’s meeting, meaning it’s likely to be a case of simply rubber-stamping the decision.
It will be the 40th IDN ccTLD to enter the root, not including test zones, under ICANN’s Fast Track program.
With the notable exception of Russia’s .РФ, IDN ccTLDs have been commercially underwhelming.
The redelegation of Rwanda’s .rw, currently delegated to NIC Congo/Interpoint SARL, is also on ICANN’s board consent agenda for the August 28 meeting.
There are no issues related to the new gTLD program on the agenda.

Comment Tagged: .rw, cctlds, idn cctlds, idns, rwanda, مليسيا. icann

KSRegistry to provide back-end for three ccTLDs

KSRegistry, the registry services arm of Key-Systems, has won deals to provide the back-end infrastructure for .gd, .tc and .vg.
The three Caribbean island nations — Grenada, Turks and Caicos Islands and British Virgin Islands — have used London-based AdamsNames for their registries for many years.
AdamsNames is now outsourcing the gigs to KSRegistry, according to a press release.
The transition means that the three ccTLDs will move to a standard EPP interface and dump its XML-RPC one, making it easier for registrars to start selling the names.
The .tc space is currently closed to new registrations, however. AdamsNames said it plans to relaunch the ccTLD in October following a marketing campaign.
KSRegistry, which is the named back-end provider for 27 new gTLD applications, also recently took over technical services for .dm, the Dominican ccTLD.

Comment Tagged: key-systems, ksregistry

Confirmed: .nxt conference canceled

The .nxt conference on new gTLDs has indeed been canceled, according to organizer Kieren McCarthy.
The show was expected to run next week, August 29-31, in London, following two successful events in San Francisco last year.
It was originally expected to run in June, but was postponed in May due to ICANN-related program delays.
I had planned to hold off posting the news until I had the full details, but I’ve received several emails this morning from people wondering what was going on so I thought I’d share what I know.
McCarthy is currently phoning attendees individually to explain the situation, so if you’re already a paid-up delegate I expect you’ll be getting a call soon. An announcement is expected later today.
ARI Registry Services tweeted this morning that .nxt is not offering refunds, but I cannot confirm that at this time.
More when we get it…

3 Comments Tagged: .nxt, ICANN, new gTLDs

Bulgarian domain show returns for second year

Domain Forum, the Bulgarian conference on new gTLDs that ran in Sofia late last year, is to return.
While the agenda has yet to be confirmed, the dates have. The event will run November 15 and November 16 at the Grand Sofia Hotel.
The scope of the show seems to be a little broader than just new gTLDs this time around, with sessions on domain name technology such as DNSSEC and intellectual property also planned.
I’d hazard a guess that Bulgaria’s ongoing quest for its own Cyrillic IDN ccTLD will also take a prominent role in discussions.

Comment Tagged: domainforum.bg

New gTLD hopefuls set aggressive targets for ICANN

ICANN should start delegating new gTLDs in the first quarter of next year as previously planned and the Governmental Advisory Committee should work faster.
That’s according to many new gTLD applicants dropping their ideas into ICANN’s apparently semi-official comment box on application “metering” over the last week or so.
ICANN wanted to know how it should queue up applications for eventual delegation, in the wake of the death of batching and digital archery.
According to information released over the past couple of weeks, it currently plans to release the results of Initial Evaluation on all 1,924 still-active applications around June or July next year, leading to the first new gTLDs going live in perhaps August.
But that’s not good enough for many applicants. Having successfully killed off batching, their goal now is to compress the single remaining batch into as short a span as possible.
The New TLD Applicant Group, a new observer group recognized by ICANN’s Registry Stakeholder Group, submitted lengthy comments.
NTAG wants Initial Evaluation on all applications done by January 2013, and for ICANN to publish the results as they trickle in rather than in one batch at the end.
The suggested deadline is based on ICANN’s recent statement that its evaluators’ processing powers could eventually ramp up to 300 applications per month. NTAG said in its comments:

Notwithstanding ICANN’s statements to the contrary, there is not a consensus within the group that initial evaluation results should be held back until all evaluations are complete; in fact, many applicants believe that initial evaluation results should be released as they become available.

That view is not universally supported. Brand-centric consultancy Fairwinds and a couple of its clients submitted comments expressing support for the publication of all Initial Evaluation results at once.
January 2013 is an extremely aggressive deadline.
Under the batching-based schedule laid out in the Applicant Guidebook, 1,924 applications would take more like 20 months, not seven, to pass through Initial Evaluation.
NTAG could not find consensus on methods for sequencing applications among its members. Separate submissions from big portfolio applicants including Donuts, Uniregistry, TLDH and Google and smaller, single-bid applicants gave some ideas, however.
Donuts, for example, hasn’t given up on a game-based solution to the sequencing problem – including, really, Rock Paper Scissors – though it seems to favor a system based on timestamping.
The company is among a few to suggest that applications could be prioritized using the least-significant digits of the timestamp they received when they were submitted to ICANN.
An application filed at 15:01:01 would therefore beat an application submitted at 14:02:02, for example.
This idea has been out there for a while, though little discussed. I have to wonder if any applicants timed their submissions accordingly, just in case.
Comments submitted by TLDH, Google and others offer a selection of methods for sequencing bids which includes timestamping as well alphabetical sorting based on the hash value of the applications.
This proposal also supports a “bucketing” approach that would give more or less equal weight to five different types of application – brand, geographic, portfolio, etc.
Uniregistry, uniquely I think, reckons it’s time to get back to random selection, which ICANN abandoned due to California lottery laws. The company said in its comments:

Random selection of applications for review should not present legal issues now, after the application window has closed. While the window was still open, random selection for batches would have given applicants an incentive to file multiple redundant applications, withdrawing all but the application that placed earliest in the random queue and creating a kind of lottery for early slots. Now that no one can file an additional application, that lottery problem is gone.

Given that the comment was drafted by a California lawyer, I can’t help but wonder whether Uniregistry might be onto something.
Many applicants are also asking the GAC to pull its socks up and work on its objections faster.
The GAC currently thinks it can file its official GAC Advice on New gTLDs in about April next year, which doesn’t fit nicely with the January 2013 evaluation deadline some are now demanding.
ICANN should urge the GAC to hold a special inter-sessional meeting to square away its objections some time between Toronto in October and Beijing in April, some commenters say.
ICANN received dozens of responses to its call for comments, and this post only touches on a few themes. A more comprehensive review will be posted on DI PRO tomorrow.

1 Comment Tagged: batching, digital archery, donuts. google, gac, icann. new gtlds, metering, ntag, sequencing, tldh, uniregistry

What’s wrong with Melbourne IT’s new anti-cybersquatting plan?

Genuine question.
Melbourne IT, the Aussie registrar with the increasingly vocal brand-protection focus, has come up with a new scheme for protecting super-famous brands after new gTLDs start to launch.
It draws on elements of the abandoned Globally Protected Marks List, ICM Registry’s Sunrise B policy, .CO Internet’s launch program, and various recent demands from the intellectual property community.
It’s called the paper Minimizing HARM (pdf), where HARM stands for High At-Risk Marks.
The title may set off grammatical alarm bells, but the rest reads like the least-unreasonable proposition for protecting big brands from cybersquatters that I’ve come across in a long time.
What I like about it is that it’s actually contemplating ways to prevent gaming from the outset, which is something the IP lobby hardly ever seems to do when it demands stronger rights protection mechanisms.
The idea calls for the forthcoming Trademark Clearinghouse to flag a narrow subset of the trademarks in its database as High At-Risk Marks that deserve special treatment.
Melbourne IT has organizations such as PayPal and the Red Cross in mind, but getting on the list would not be easy, even for famous brands.
First, companies would have to prove they’ve had trademark protection for the brand in three of ICANN’s five geographic regions for at least five years — already quite a high bar.
Implemented today, that provision could well rule out brands such as Twitter, which is an obvious high-risk cybersquatting target but might be too young to meet the criteria.
Dictionary words found in any of UN’s six official languages would also be banned, regardless of how famous the brand is. As the paper notes, that would be bad news for Apple and Gap.
Companies would also have to show that their marks are particularly at risk from phishing and cybersquatting.
Five successful UDRP complaints or suspensions of infringing domains by a “top ten registrar” would be enough to demonstrate this risk.
But that’s not all. The paper adds:

In addition to meeting the minimum criteria above, the High At-Risk Mark will need to obtain a minimum total points score of 100, where one point is awarded for each legal protection in a jurisdiction, and one point is awarded for each successful UDRP, court action, or domain registrar suspension undertaken in relation to the mark.

That appears to be setting the bar for inclusion high enough that an Olympic^TM pole-vaulter would have difficulty.
Once a brand made it onto the HARM list, it would receive special protections not available to other brands.
It would qualify for a “Once-off Registration Fee”, pretty much the same as ICM’s .xxx Sunrise B, where you pay once to block your exact-match domain and don’t get pinged for renewal fees every year.
Any third parties attempting to register an available exact-match would also have to have two forms of contact information verified by the gTLD registry before their names resolved.
The Trademark Claims service – which alerts mark owners when somebody registers one of their brands – would run forever for HARM-listed trademarks, rather than just for the first 60 days after a gTLD goes into general availability.
The always controversial Uniform Rapid Suspension service would also get tweaked for HARM trademarks.
Unless the alleged cybersquatter paid the equivalent of a URS filing fee (to be refunded if they prevail) their domains would get suspended 48 hours after the complaint was filed.
I’m quite fond of some of the ideas in this paper.
If ICANN is to ever adopt a specially protected marks list, which it has so far resisted, the idea of using favorable UDRP decisions as a benchmark for inclusion – which I believe Marque also suggested to ICANN back in February – is attractive to me.
Sure, there are plenty of dumb UDRP decisions, but the vast majority are sensible. Requiring a sufficiently high number of UDRP wins – perhaps with an extra requirement for different panelists in each case – seems like a neat way of weeding out trademark gamers.
The major problem with Melbourne IT’s paper appears to be that the system it proposes is just so complicated, and would protect so few companies, that I’m not sure it would be very easy to find consensus around it in the ICANN community.
I can imagine some registries and registrars might not be too enthusiastic when they figure out that some of the proposals could add cost and friction to the sales process.
Some IP owners might also sniff at the some of the ideas, just as soon as they realize their own trademarks wouldn’t meet the high criteria for inclusion on the HARM list.
Is Melbourne IT’s proposal just too damn sensible to pass through ICANN? Or is it riddled with obvious holes that I’ve somehow manged to miss?
Discuss.

7 Comments Tagged: cybersquatting, harm, ICANN, melbourne it, new gTLDs, tmch, trademark clearinghouse, trademarks, uniform rapid suspension, urs

Architelos launches new gTLD anti-abuse tool

Architelos, having consulted on about 50 new gTLD applications, has refocused on its longer-term software-based game plan with the recent launch of a new anti-abuse tool for registries.
NameSentry is a software-as-a-service offering, currently being trialed by an undisclosed number of potential customers, designed to make it easier to track abusive domains.
Architelos gave us a demo of the web site yesterday.
The service integrates real-time data feeds from up to nine third-party blocklists – such as SURBL and SpamHaus – into one interface, enabling users to see how many domains in their TLD are flagged as abusive.
Users can then drill down to see why each domain has been flagged – whether it’s spamming, phishing, hosting malware, etc – and, with built-in Whois, which registrar is responsible for it.
There’s also the ability to generate custom abuse reports on the fly and to automate the sending of takedown notices to registrars.
CEO Alexa Raad and CTO Michael Young said the service can help streamline the abuse management workflow at TLD registries.
Currently, Architelos is targeting mainly ccTLDs – there’s more of them – but before too long it expects start signing new gTLD registries as they start coming online.
With many new gTLD applicants promising cleaner-than-clean zones, and with governments leaning on their ccTLDs in some countries, there could be some demand for services such as this.
NameSentry is priced on a subscription basis, based on the size of the TLD zone.

2 Comments Tagged: abuse, architelos, cctlds, malware, namesentry, new gTLDs, phishing, security, spam