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How Uniregistry wants to make Whois “two-way”

Kevin Murphy, June 11, 2012, Domain Services

If someone uses a Whois database to look up personal information such as your home address and phone number, wouldn’t it be nice to know a little something about them, too?
That’s the philosophy behind one of Uniregistry’s more interesting new gTLD policies, according to Frank Schilling, founder of the new new gTLD portfolio applicant.
Uniregistry has applied for dozens of gTLDs and says it has a “registrant-centered” outlook that extends to the mandatory thick Whois databases.
If its gTLDs are approved, the company will record the IP addresses of people doing Whois queries and make the records available to its registrants, Schilling said.
He suggested that Whois users may have to give up more info about themselves, in certain cases, too.
“To get certain pieces of information, you’ll have to agree to share some information about yourself,” Schilling said in an interview with DI yesterday.
Registrants would be able to view archived data about who’s been looking them up, which could help them during subsequent legal disputes about names, or during sales negotiations.
For domainers, this could be handy. Imagine you own the domain soft.drink and you receive a low-ball offer from a random stranger you suspect might be a proxy for a large corporation. Wouldn’t it be nice to know Coca-Cola has recently been checking out your Whois?
It’s going to be interesting to see how IP interests and law enforcement agencies – the two ICANN lobbies most deeply invested in Whois accuracy – react to Uniregistry turning the tables.

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Schilling applies for “scores” of new gTLDs

Domaining icon Frank Schilling’s new venture, Uniregistry, has applied for “scores” of new generic top-level domains, “most” of which he expects to be contested.
Schilling won’t say exactly how many or which strings Uniregistry is pursuing, but he did reveal that while he is not going for .web, he will be in contention with Google for .lol.
“It’s closer to TLDH than Donuts,” Schilling told DI in an interview this evening, referring to the announcements of Top Level Domain Holdings’ 68 and Donuts’ 307 applications.
I’m guessing it’s around the 40 to 50 mark.
Despite the portfolio and Schilling’s history in domain investing, Uniregistry isn’t what you might call a “domainer” play.
The company doesn’t plan on keeping whole swathes of premium real estate for itself or for auction, Schilling said. Nor does it intend to rip off trademark owners.
“We’ve seen good TLDs fail with bad business plans,” he said, pointing to premium-priced .tv as an example. “You need to allow other people to profit, to evangelize your space.”
“I’m not going to get as rich from this as some of our registrants,” he said.
Uniregistry only plans to hold back a “handful” of premium names, Schilling said. The rest will be available on a first-come, first-served basis.
To avoid creating wastelands of parked domains, the company plans to deploy technical countermeasures to prevent too many domains falling into too few hands.
“The way we’re going stage the landrush it will be very difficult to game it,” he said. “There’ll be significant rate limiting, so you can’t come and take 500 domains in ten milliseconds.”
“What we want to avoid is someone going in and getting 100,000 of the best ones on day one. It’s not fair, and it’s unhealthy for the space.”
Schilling is one of the industry’s most successful domainers. His company, Name Administration, is one of the largest single owners of second-level domain names.
Now Schilling says he’s brought his considerable experience as a domain name registrant Uniregistry’s business model and policies.
The company’s message is that it’s “registrant-centered”.
While that sounds like an easy, glib marketing statement, Schilling is backing it up with some interesting policies.
He’s thinking about a much closer relationship between the registry and the registrant that you’d see in the .com space.
When a second-level domain in a Uniregistry gTLD expires, registrants will get 180 days to claim it back from the registry, possibly even circumventing the registrar.
Uniregistry will even directly alert the registrant that their name is going to expire, a policy that Schilling said has been modeled in part on what Nominet does in the .uk space.
“Registrants have the ability to go to the registry to manage their .co.uk, to transfer the domain, to change certain pieces of information,” he said.
The 180-day policy is designed in part to prevent registrars harvesting their customers most valuable domains when they forget to renew them.
Rogue registrars and registrars competing against their own customers are things that evidently irk Schilling.
“I prefer a system that protects registrants,” he said.
But existing registrars are still the company’s proposed primary channel to market, he said. Uniregistry plans to price its domains in such a way as to give registrars a 50% margin.
“I think there’s enough margin in these strings for registrars to make a great living,” Schilling said.
Schilling hasn’t ruled out an in-house pocket registrar, but said it wouldn’t be created to undercut the regular channel.
The company has hired Internet Systems Consortium, maker of BIND and operator of the F-Root, as its back-end registry provider.
Judging by Uniregistry’s web site, which carries photos of many ISC staff, it’s an unusually close relationship.
I’ll have more on Uniregistry’s plans for Whois and trademark protection in a post later.

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YouPorn says ICANN not immune from .xxx antitrust

Kevin Murphy, June 9, 2012, Domain Policy

YouPorn owner Manwin Licensing has rejected ICANN’s claim to be immune from antitrust liability.
The company has told a California court that its lawsuit against ICANN and .xxx operator ICM Registry is little different from the landmark case Coalition For ICANN Transparency v Verisign.
Manwin sued ICANN and ICM last November, claiming the two illegally colluded to create a monopoly that, among other things, extorted defensive registration money from porn companies.
But ICANN has said in its attempts to have the case dismissed that the antitrust claims could not apply to it as, for one reason, it “does not engage in trade or commerce”.
Manwin’s oppositions to ICANN’s and ICM’s motions to dismiss rely heavily on the fact that the court allowed CFIT v Verisign, which challenged Verisign’s 2006 .com registry agreement, to go ahead.
Essentially, ICANN is trying to wriggle out of the suit on legal grounds at an early stage, but Manwin reckons there’s precedent for it to have to answer to antitrust claims.
You can read Manwin’s latest court filings here and here.
The case continues.

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Unbelievably, .africa will be contested

The .africa top-level domain may well be unique — the only geographic gTLD to be contested.
DotConnectAfrica, which has been campaigning for .africa for years, has confirmed that it has applied for the string, despite the fact that another bidder has support of the African Union.
DCA chief Sophia Bekele blogged:

because of the history of the DotAfrica gTLD and our experience during the ‘Yes2DotAfrica’ promotional campaign, we anticipate a prolonged process

The AU in February announced that it was providing its support to a .africa application from UniForum, the South African ccTLD registry.
DCA had previously secured what appeared to be a letter of support from an AU official, but it has since been withdrawn.
According to ICANN’s Applicant Guidebook, if you want to run a geographic gTLD representing multiple countries, you need the express support or non-objection of 60% of those countries.
I’m pretty certain DCA doesn’t have this support, but the AU’s membership does include more than 60% of the nations in Africa.
Is DCA applying in order to get a pay-off from the Uniforum bid? It’s possible, but without the required government support its negotiating position appears to be pretty weak.
Expect objections.

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Venue has “more reservations than bedrooms” for ICANN Prague

Kevin Murphy, June 9, 2012, Gossip

Anyone fancy a twos-up with another ICANN attendee in Prague?
The Hilton Prague Hotel has apologized for screwing up delegates’ reservations for the June 23-28 public ICANN meeting, and has reconfirmed the reservations of those affected.
But it’s told ICANN that it still doesn’t have enough rooms for that week. In a letter to ICANN meeting organizers, dated June 6, the hotel wrote:

The Hilton Prague still has more reservations than bedrooms for the period of the ICANN meeting, but both the Hilton Prague and ICANN event organizers are together working on minimizing the overbooking situation in order to be able to accommodate as many ICANN attendees as possible.

Not exactly encouraging, is it?
The overbooking problem seems to have been caused by the hotel running a special ICANN reservation system in parallel with its regular system, but not correctly linking the two.
Speculating, this might mean that only those who booked through official channels were affected.
Speculating further, it might also mean that those who booked independently are at risk of losing their reservations, should the Hilton decide to prioritize known ICANN delegates.
Even if I’m wrong on both counts, it does appear that not everyone who booked at the Hilton for the meeting will be staying where they hoped.

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Neustar adds voice to anti-batching chorus

Kevin Murphy, June 9, 2012, Domain Policy

Neustar and MarkMonitor have come out in opposition to digital archery and new gTLD batching.
In letters to ICANN this week, both companies have asked for delays in the digital archery process to give the community time to come up with better solutions.
Neustar’s new deputy general counsel Becky Burr wrote:

A modest delay would permit both ICANN and the community of affected stakeholders to consider the validity of those assumptions in light of actual applications.

Informed reflection by the community could result in greater efficiencies and fewer disputes down the road.
On the other hand, launching the Digital Archery process prior to publication of the list of applications is going to create winners and losers that will unnecessarily complicate, and perhaps prevent, thoughtful adjustments to the approach.

MarkMonitor’s Elisa Cooper simply wants to know “Why should some TLDs receive the benefit of being delegated before others?” She asked ICANN to reconsider whether batching is necessary.

While it is understandable that not all 1900+ applications cannot be simultaneously processed, why not just wait until all applications have completed the Initial Evaluation before announcing results. Why should some TLDs receive the benefit of being delegated before others?
If batching is even required, allow the Community to see the entire list of applications so that they can provide meaningful feedback. It may become apparent that certain types of strings should be processed together.

MarkMonitor also expressed concern that ICANN’s TLD Application System terms of use may prohibit applicants from using third-party archery services, such as those offered by Pool.com and Digital Archery Experts.
Sharing TAS passwords seems to be against the rules, but would be necessary to let a third party into your TAS account.
(I reported earlier in the week that it would also let the third-party view the confidential portions of your application, but that appears not to be the case after all.)
By officially coming out against batching and archery, Neustar and MarkMonitor join Melbourne IT, Group NBT, ARI Registry Service and the Intellectual Property Constituency.
Digital archery nevertheless is already underway, ICANN having launched the system on schedule yesterday.
All the applicants I’ve spoken to about this seem to be planning to wait until after the Big Reveal next Wednesday before taking their shots.

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ICANN going ahead with digital archery

Kevin Murphy, June 7, 2012, Domain Policy

Despite recent calls for it to slam on the brakes, ICANN is going ahead with its plans for the controversial “digital archery” method of batching new gTLD applications.
This morning it published a batch of information about the process, which — let’s face it — is likely to decide whether some new gTLDs live or die.
ICANN has put some outstanding issues to bed. Here are the six most interesting facts about today’s developments:
First and foremost, while applicants in contention sets will find themselves promoted to the same batch as the highest-scoring applicant in that set, no applicant will be demoted out of a batch as a result.
The way ICANN had been talking about batching recently, it looked rather like the first batch would be stuffed with contention sets at the expense of dot-brand and genuine community applicants.
That appears to be no longer the case. The first batch will still be stuffed with contention sets, but with no apparent disadvantage to solo applicants.
It does mean that the first batch is likely to be substantially larger than 500 applications, however.
Second, there will be no proportionality in how geographical regions are assigned to batches. ICANN said the system will use instead the originally devised round-robin method.
This basically means that if there are any fewer than 100 applications from any of ICANN’s five regions, they’ll all be in the first batch. This is pretty good news for African applicants.
Third, archery will indeed run through the wobbly TLD Application System and its reportedly sluggish Citrix remote terminal interface, adding a layer of uncertainty and latency.
This means that if you’re using a third-party archery service, you’re going to have to give it your TAS password, giving that third-party access to the confidential portions of your applications. NDAs may be in order.
Fourth, you’ll get as many practice runs as you want before firing your official arrow. There had been some talk about limiting it to just a handful of tries, but that’s no longer the case.
Fifth, ICANN won’t tell you what your score was until July 11, when the order of the batching is revealed. I can see this policy causing sleepless nights all over the world.
Sixth, there’s no CAPTCHA or Turing test, so automated archery solutions will presumably have one less obstacle to overcome.
It’s still a ropey solution, and I don’t expect calls for it to be abandoned to let up, but for now at least it looks like ICANN is proceeding according to its schedule.
Digital archery starts tomorrow. Here’s a how-to video from ICANN.

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Big Reveal confirmed for London

Kevin Murphy, June 6, 2012, Domain Policy

ICANN will reveal details of the over 1,900 new top-level domain applications it has received during a press conference starting at 11am UTC next Wednesday.
The event will be held at Kings Place, a venue in the King’s Cross area of London, at noon local time, June 13.
CEO Rod Beckstrom and senior vice president Kurt Pritz will speak at the event, which will be webcast live.
An ICANN spokesperson said that the Big Reveal itself will happen during the press conference — there’ll be a break for journalists to attempt to absorb as much information as they can before the Q&A begins.
I’m waiting for confirmation on whether the full public portions of the applications will be published at that time, or whether it will just be a list.
ICANN said it “will reveal which companies, organizations, start-ups, geographical regions and others have applied for gTLDs and which domain names they are seeking”.

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Another .corp gTLD bid revealed

A Hong Kong company says it has applied to ICANN for the new top-level domain .corp.
DotCorp Ltd is the second company to say it is going for the string, after Dot Registry LLC.
Unlikely Dot Registry, however, DotCorp plans to sell domains outside of the US. Company secretary Fang Wang said in an email to DI:

According to its policy, DotCorp Limited will provide .CORP for corporations who can be verified legally and appropriately by its local government. It means that corporations all over world could register its name as domain.

Wang added that the recommendations of US secretaries of state have been taken on board in its policy-making.

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Revolt brewing over digital archery

Kevin Murphy, June 6, 2012, Domain Policy

ARI Registry Services is attempting to spearhead an uprising against ICANN’s little-loved digital archery new gTLD application batching system.
The registry services provider wants ICANN to scrap not only digital archery – which is due to kick off on Friday – but the concept of batching in its entirety.
“Batching is a solution to a problem that I’m not sure exists any more,” said ARI CEO Adrian Kinderis.
“ICANN has a large number of single applicants going for a large number of domains, and that has to create some operational efficiencies,” he said.
Instead of batching, Kinderis said ICANN should lump all applications into a single “batch”, so they can all go through their Initial Evaluation phase at the same time.
If ICANN can promise to keep this single batch to 10-12 months of evaluation, rather than the five months currently envisaged by the Applicant Guidebook, he reckons most applicants would go for the idea.
Kinderis couldn’t name names until the companies in question have gone through their respective clearance processes, but said he expects strong support from his competitors.
“We’ve talked to some of the big registries and they’re waiting for us to put this out so they can come to the party and support it,” he said.
ARI sent a letter (pdf) outlining its ideas to ICANN’s board last Friday, and it plans to send another tomorrow morning, which it hopes other applicants will then express support for.
“If they extended initial evaluation to 12 months, I think that would have the support of the ICANN community,” Kinderis said. “No one wants batching.”
ARI is not the first to ask ICANN to scrap digital archery – similar requests have come from Melbourne IT and Group NBT – but it appears to be the first to suggest an alternative.
Digital archery is also not loved by ICANN’s intellectual property constituency, which thinks it puts dot-brands at a disadvantage.
Whether ICANN will go for the ARI proposal remains to be seen.
With the embarrassing TLD Application System outage – and delays – still a recent memory, there may be a desire to keep the program moving along according to plan.
However, if registries representing large numbers of applicants (ARI has 161 on its books, and has been one of the most vocal critics of delays) are asking for delays, ICANN will have to pay attention.
But by acknowledging operational efficiencies, ICANN would also have to acknowledge that its $185,000 application fee might have been a tad on the high side.
Rearranging the program into a single batch may also require the renegotiation of its deals with the independent third-party evaluators that will process the bulk of the program.
The Governmental Advisory Committee, which has used root zone scaling as a political tool in negotiations with ICANN previously, may also balk at a single batch.
But Kinderis said later stages of the program will have natural “organic gateways” – such as auctions and contract signing – that would slow down the delegation of new gTLDs.
“I think it suits the GAC,” he added. “It gives them more time to be a bit more deliberate about their [GAC Advice on New gTLDs] decisions.”
UPDATE: ARI has now sent its second letter, which states in part:

It is our view, and we believe the view of many applicants and the ICANN community generally, that batching and the chosen method of doing so will serve to increase the likelihood of confusion, frustration and uncertainty for Applicants. Applicants want a level playing field where they can all progress through the process at an equal rate. Batching is not something desired by Applicants.

We ask that ICANN staff delay the launch of the batching process, take the time until the Prague ICANN meeting to consider the options outlined in this letter and take the opportunity of the Prague meeting to discuss batching with the community.

Read it in PDF format here.

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