ICANN’s new gTLD Public Interest Commitments idea: genius or pure crazy?

ICANN has given new gTLD applicants a month to draft their own death warrants.
Okay, that might be a little hyperbolic. Let’s try again:
ICANN has given each new gTLD applicant 28 days to come up with a list of voluntary “Public Interest Commitments” that, if breached, could lead to the termination of their registry contracts.
The proposed, far-reaching, last-minute changes to the basic new gTLD Registry Agreement were introduced, published and opened for public comment on Tuesday.
PICs — as all the cool kids are calling them — are designed to appease ICANN’s Governmental Advisory Committee, which wants applicants to be held accountable to statements made in their gTLD applications.
If an applicant said in its application for .lawyer, for example, that only actual lawyers will be able to register a .lawyer domain name, the GAC wants ICANN to be able to step in and enforce that promise if the registry changes its registration policies at a later date.
Public Interest Commitments are the way ICANN proposes to let applicants state clearly what they commit to do and not to do, either by flagging parts of their existing application as binding commitments or by writing and submitting entirely new commitments.
Submitting a set of PICs would be voluntary for applicants, but once submitted they would become a binding part of their Registry Agreement, assuming their gTLD is approved and delegated.
“These are commitments you’re making to the community, to the governments, to everybody that can object to your applications, these are not commitments you’re making with ICANN,” ICANN COO Akram Atallah said on Tuesday’s webinar.
Registries would be subject to a new dispute policy (the Public Interest Commitment Dispute Resolution Process or PICDRP) that would enable third parties to file official complaints about breaches.
“We’re allowing third parties that are affected to be able to bring these claims, and then based upon the outcome of the dispute resolution process ICANN will enforce that third party dispute resolution result,” ICANN general counsel John Jeffrey said.
Registries that lost a PICDRP would have to “implement and adhere to any remedies ICANN imposes” up to and including the termination of the registry contract itself.
ICANN is asking applicants to submit their PICs before March 5, just 28 days after revealing the concept.
How PIC (probably) would work
Let’s take an example new gTLD application, selected entirely at random.
Donuts has applied for .dentist.
While the applied-for string suggests that only dentists will be able to register domain names, like all Donuts applications the gTLD would actually be completely open.
The government of Australia has filed a GAC Early Warning against this bid, stating that “does not appear to have proposed sufficient protections to address the potential for misuse”.
The Aussies want Donuts to detail “appropriate mechanisms to mitigate potential misuse and minimise potential consumer harm” or risk getting a potentially lethal GAC Advice objection to its bid.
If Donuts were so inclined, it could now attach a PIC to its .dentist bid, outlining its commitment to ensuring that .dentist is not abused by amateur dental surgery enthusiasts.
The PIC would be subject to public review and comment. If, subsequently, Donuts won the .dentist contention set, the PIC would be attached to its .dentist Registry Agreement and become binding.
Donuts may even stick to its commitments. But the moment some Marathon Man-inspired nutter managed to slip through the cracks, Donuts would be open to PICDRP complaints, risking termination.
What’s good about this idea?
From one perspective, PIC is a brilliantly clever concept.
The proposed solution doesn’t require applicants to amend their applications, nor would it require lengthy contractual negotiations during the gTLD approval and delegation process.
Applicants could merely attach their commitments to the base registry agreement, sign it, and be on their merry way.
This means fewer delays for applicants and relatively little additional up-front work by ICANN.
On an ongoing basis, the fact that PICs would be enforceable only by third parties via the PICDRP means fewer headaches for ICANN compliance and fewer debacles like the aborted attempt to bring .jobs into line.
Finally, it’s also completely voluntary. If applicants don’t want to file a PIC, they don’t have to. Indeed, most applicants aren’t even in a position where they need to think about it.
Do I sense a “but”?
But I can’t see these proposals going down too well in applicant land.
ICANN is, essentially, giving applicants one short month to bind themselves to a completely new, almost completely unknown dispute resolution process.
Repeat: the PICDRP does not yet exist.
Indications were given that it will be modeled on existing dispute resolution procedures in the Applicant Guidebook, but there’s no actual text available to review yet.
We do know that the process would be designed to enable third parties to file complaints, however. Agreeing to PICDRP could therefore potentially open up applicants to competitive or nuisance complaints.
The “remedies” that ICANN could impose when a PICDRP case is lost are also currently rather vague.
While the nuclear option (termination) would be available, there’s no information yet about possible lesser remedies (financial penalties, for example) for non-compliance.
I’ve talked to enough domain name industry lawyers over the years to guess that most of them will take a very dim view of PIC, due to these uncertainties.
One of the guiding principles of the new gTLD program from the outset was that it was supposed to be predictable. ICANN has veered away from this principle on multiple occasions, but these eleventh-hour proposed changes present applicants with some of the biggest unknowns to date.
The timeline doesn’t work
The raison d’être for the PIC concept is, ostensibly, to enable applicants to avoid not only potential GAC Advice but also official objections by other third parties.
But according to ICANN documentation, applicants are being asked to submit their PICs by March 5. ICANN will publish them March 6. They’d then be open for public review until April 5 before becoming final.
But the deadline for filing objections is March 13. That deadline also applies to objections filed by governments (though not GAC Advice, which is expected to come in mid-late April).
Judging by this timeline, potential objectors would have to decide whether to file their objections based on PICs that have been published for just one week and that could be amended post-deadline.
Unless ICANN extends the objection filing window, it’s difficult to see how PIC could be fit for its stated purpose.
On the bright side
I believe that only a small percentage of applicants will be affected by PIC.
Out of 1,917 applications and 1,409 strings, GAC governments filed just 242 Early Warnings against 145 strings. Some of those warnings merely tell the applicant to withdraw its bid, which no amount of PIC will cure.
I expect that very few, if any, applicants without Early Warnings will bother to file PICs, unless of course the objections deadline is moved and PIC becomes an effective way to avoid objections.
For those with Early Warnings, an alternative strategy would be to lobby friendly GAC members — demonstrably flexible to lobbying, judging by the Early Warnings — to ensure that they do not receive full, consensus GAC Advice against their applications.
That would be risky, however, as there’s currently no way of knowing how much weight ICANN’s board of directors will give to non-consensus GAC Advice against applications.

6 Comments Tagged: gac, governmental advisory committee, ICANN, new gTLDs, public interest commitments

Alagna leaves CentralNic

CentralNic’s North American manager, Joe Alagna, has left the company.
Alagna said in a blog post today that he’s leaving the new gTLD back-end hopeful after 13 years there, but did not give his reasons for leaving or state his destination.
CentralNic is the named back-end provider for 60 new gTLD applications and currently runs several pseudo-TLDs, selling subdomains of domains such as gb.com, us.com and uk.com.

Comment Tagged: centralnic

Sunrise for .pw extended by a week

The sunrise period for the liberalizing ccTLD .pw has been extended by a week until February 15.
.PW Registry said that the extension comes due to demand; it will allow further time for trademark owners to defensively register their brands.
The company, owned by the Directi, has about 80 accredited registrars listed on its web site, many of them specialists in brand protection.
It also recently signed up some big mass-market registrars, including volume number two eNom. Market leader Go Daddy has yet to accredit, judging by the .PW web site.
While .pw is the ccTLD for Palau, the registry is positioning it as a competitor to .pro, meaning “Professional Web”. Unlike .pro, however, there are no registration restrictions.
Directi is an applicant for over 30 new gTLDs, almost all contested, so the .pw launch could in some respects be seen as a test run for its bigger TLDs, should it win any of its contention sets.

2 Comments Tagged: .pw, .pw registry, directi, sunrise

Frank Schilling’s Uniregistry gets accredited as a registrar

Portfolio new gTLD applicant Uniregistry has taken the first step towards bringing its proposed new gTLDs to market by getting accredited as a registrar by ICANN.
Uniregistrar Corp shares its Cayman Islands address with Uniregistry.
The company’s web site states:

Uniregistrar is a new ICANN accredited registrar designed to let you create domain names in the new top level domain extensions offered by Uniregistry.
Beginning in 2014 anyone will be able to create and manage their domain names using the simple site we plan to create here. The names offered by Uniregistrar will be shorter, clearer, easier to use and manage than the .com .net or .org names you know from the past.

Given that its IANA number does not yet appear on the official list, the accreditation must have been granted pretty recently.
Uniregistrar is already accredited to sell .asia, .biz, .com, .info, .jobs, .mobi, .name, .net, .org, .pro, .travel and .xxx names, suggesting that the company plans to sell more than just its own TLDs.
Schilling’s existing accredited registrar, iRegistry, which is used primarily (or exclusively) to manage Name Administration’s massive portfolio of domains, is only accredited in .com, .net, .org and .xxx.
Uniregistry is an applicant for 54 new gTLDs, including .auction, .sexy, .christmas and .blackfriday.
Unlike the current regime, under ICANN’s rules for new gTLDs, “vertical integration” — where a registry can own a registrar that sells domains in its TLDs — is permitted.

2 Comments Tagged: ICANN, new gTLDs, uniregistrar, uniregistry

Verisign raises .name prices

Verisign plans to add 10% to the price of a .name domain name, judging by published correspondence.
In a price list sent to ICANN last week, the maximum registry fee for a one-year registration at the second level in .name will be set at $6.60 from August 1, 2013.
It appears to be the first such price increase in .name since the current registry contract was signed back in 2007. That contract set the fee at $6, with maximum hikes of 10% a year.
The new price list (pdf) is rather extensive, also covering products such as email forwarding and .name’s rather expensive wildcard-based defensive registrations.
Links to Verisign’s current pricing for these services are currently broken, so I can’t tell right now whether they’re going up, down, or staying the same.
It’s the second price increase Verisign has announced since it lost the right to hike the registry fee for .com last year. It is also raising .net prices later this year.

Comment Tagged: .name, verisign

Go Daddy claims half-boobed Super Bowl ads success

Go Daddy reckons its two commercials broadcast in the US during the Super Bowl last night were the most successful in the company’s history, according to two key metrics.
The company said in a press release:

Last night’s ads delivered more new customers and more overall sales, as compared to any other Super Bowl campaign in the company’s history.

Go Daddy has been advertising during the game for nine years. This year was the third in which is has partnered with .CO Internet, the .co registry, on one of the ads.
One of the ads was shameless, vintage, attention-grabbing Go Daddy — primarily comprising a lingering shot of a passionate kiss between an attractive female model and a male geek archetype.
The other, which advertised .co, largely eschewed mammary glands in favor of the “Underpants Gnomes” theory of domain name advertising, in which registering a domain somehow leads to fabulous wealth.
ICM Registry used a similar tactic in its launch advertising late 2011.

The Super Bowl is the season finale of a little-played fringe sport known as “American Football”.
Viewers of the annual US broadcast traditionally pay special attention to the regular commercial interludes because the brief, fleeting moments of actual sport are so soul-sappingly tedious.

1 Comment Tagged: .co, .co internet, go daddy, super bowl

Jiwani quits as president of RegistryPro

Karim Jiwani, president of Afilias unit RegistryPro, has quit to explore new opportunities in the domain name business.
Jiwani, whom we profiled in depth recently, joined Afilias when it acquired RegistryPro, the .pro registry, a year ago, so the move is not entirely surprising.
Prior to RegistryPro, he headed up Afilias’ business in Europe.
“Mr. Jiwani plans to pursue other opportunities in the expanding domain industry,” Afilias said.

Comment Tagged: .pro, afilias, registrypro

IFFOR targets new gTLDs with policy service

The International Foundation For Online Responsibility, which sets policy for .xxx, wants to broaden its scope and is to launch a “Policy Engine” service for new gTLD registries.
Kieren McCarthy, who has been working for IFFOR as its public participation manager for the last year, has been tapped to lead the organization too, taking over from Joan Irvine as executive director in April.
IFFOR is the sponsoring organization for .xxx, independent but created by registry manager ICM Registry as a way to demonstrate to ICANN that it planned to operate the porn gTLD responsibly.
It’s kept a bit of a low profile since .xxx launched, only emerging to distribute some small grants to worthy causes, but McCarthy says that it’s built up substantial policy-making and compliance expertise.
Now, it wants to let new gTLD registries outsource these functions to it.
“Broadly, the Policy Engine service lets gTLD applicants outsource their policy issues to an independent body,” McCarthy said.
IFFOR reckons plenty of new gTLDs will want such services, especially given the increased interest from governments in how new gTLDs are operated.
As the organization is currently set up to deal only with .xxx — it’s funded $10 a year from every .xxx sold — only three of its nine-member Policy Council are not members of the adult entertainment industry or connected to ICM.
Additionally, ICM’s general counsel is on its three-member board of directors.
But McCarthy said that the Policy Council, which also has substantial expertise in privacy, child protection and free speech issues, usually uses sub-groups to come up with its policies.
“The majority of what we do is applicable across any top-level domain,” he said.
McCarthy is the former journalist and ICANN staffer, current CEO of .nxt. When he takes over from Irvine in April, she is expected to stay around as a consultant.

7 Comments Tagged: ICANN, icm registry, iffor, new gTLDs, xxx

ICANN has found a sub-$500 URS provider

ICANN has picked a provider for its Uniform Rapid Suspension anti-cybersquatting service, one that’s willing to manage cases at under $500 per filing.
The news came from new gTLD program manager Christine Willett during webcast meetings this week.
“We have identified a provider for the URS who’s going to be able to provide that service within the target $300 to $500 filing fee price range. We’re in the process of formalizing that relationship,” she said last night.
The name of the lucky provider has not yet been revealed — Willett expects that news to come in February — but it’s known that several vendors were interested in the gig.
URS is a complement to the existing UDRP system, designed to enable trademark owners to execute quick(ish) takedowns, rather than transfers, of infringing domain names.
ICANN found itself in a bit of a quandary last year when UDRP providers WIPO and the National Arbitration Forum said they doubted it could be done for the target fee without compromising registrant rights.
But a subsequent RFP — demanded by members of the community — revealed several providers willing to hit the sub-$500 target.
ICANN expects to approve multiple URS vendors over time.

3 Comments Tagged: cybersquatting, ICANN, new gTLDs, trademarks, uniform rapid suspension, urs

BlackBerry maker kisses goodbye to rim.jobs with corporate name change

Research in Motion is to change its corporate name to BlackBerry, after the popular mobile devices it makes.
The company reportedly announced the news at the launch of the Blackberry 10 in London today,
Why mention this on a domain name industry news blog?
Three reasons.

• It means RIM will be able to more easily get its company name as a dot-brand new gTLD. Under the current rules, .rim would be problematic because it’s the Slovenian translation of Rome, a protected capital city name.
• Great excuse for a rim.jobs headline.
• It’s a very slow news day.

It should be pointed out that RIM could have applied for .blackberry in the current new gTLD round, but it didn’t.

1 Comment Tagged: .jobs, blackberry, new gTLDs, rim