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Sunrise .xxx domains get 1.3 million hits a day

Kevin Murphy, March 21, 2012, Domain Registries

Domain names blocked by trademark holders during the .xxx sunrise period get 1.3 million hits per day, according to ICM Registry president Stuart Lawley.
The number refers to DNS queries arriving at the name servers ICM uses to serve up its standard blocking placeholder page.
I estimate that this works out to about 20 queries, on average, per domain per day.
The placeholder is displayed whenever a web user visits a domain that was registered during the Sunrise B launch phase last October.
A million DNS queries does not necessarily indicate a million page views, of course. Spiders and other automated processes likely account for some of the query traffic.
ICM does not monetize the pages, and because the names resolve to a standard placeholder ISPs don’t get to monetize the error traffic either.

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Another conflicted ICANN director?

Kevin Murphy, March 20, 2012, Domain Policy

Yet another member of ICANN’s board of directors may have a conflict of interest relating to the new generic top-level domains program, it has emerged.
As well as its official open meeting last Friday, the board held three off-the-books meetings during ICANN 44 last week, the outcomes of which have just been published.
Last Wednesday, March 14, the board met in private and passed this resolution:

Resolved (2012.03.14.01), the Subcommittee of the Board Governance Committee on Ethics and Conflicts is requested to review its determination of a perceived, potential or actual conflict of interest in relation to one of the Directors to determine if the mitigation factors identified remain correct as a result of new information learned at the meeting.

In other words, a director currently identified as non-conflicted in relation to the gTLD program may in fact be conflicted as ICANN defines it, based on newly acquired information.
The resolution does not state which director it refers to.
If I had to speculate — and funnily enough I feel compelled to do so — I’d say it’s Judith Vasquez.
Vasquez’s latest statement of interest, also published last week, states that she has “indicated that she may be involved with a new gTLD application”.
This potential conflict was first identified by ICANN in October, shortly before she joined the board.
However, Vasquez discussed and voted on new gTLD-related resolutions at ICANN board meetings held in February and December.
Other directors whose employers are thinking about applying for new gTLDs – such as IBM’s Thomas Narten – have recused themselves from related discussions.
It’s not clear why Vasquez has not recused herself.
In any event, last week’s resolution could refer to another director whose SOI does not currently state a potential conflict.
Ethics at ICANN have been on ICANN’s agenda since the Singapore meeting last June – former chair Peter Dengate Thrush’s move to Minds + Machines saw to that.
The issue was raised again by CEO Rod Beckstrom during his Costa Rica opening address last Monday, in which he talked about a “tangle of conflicting agendas” on the board.
Such is the degree of concern that ICANN’s Board Governance Committee recently discussed setting up a new committee, comprising the non-conflicted directors, to hold delegated authority over all matters related to the new gTLD program.
ICANN staff were directed to create a formal proposal for such a committee for consideration in Costa Rica last week, but that does not appear to have happened.
While seven of ICANN’s 21 directors recused themselves from a February vote due to new gTLD program conflicts, only four of those were among the 16 voting directors.

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Olympic showdown spells doom for ICANN, film at 11

Kevin Murphy, March 19, 2012, Domain Policy

ICANN’s 43rd public meeting, held in Costa Rica last week, was a relatively low-drama affair, with one small exception: the predicted death of ICANN’s Generic Names Supporting Organization.
The drama went down at the GNSO Council’s meeting last Wednesday – or “the day that everyone is going to remember as the downfall of the current GNSO Council” as vice-chair Jeff Neuman put it.
It had all the elements one might expect from an ICANN showdown: obscure rules of engagement, government meddling, special interests, delayed deadlines, whole oceans of acronym soup, commercial and non-commercial interests facing off against each other…
…and it was ultimately utterly, utterly pointless and avoidable.
The GNSO Council – which is responsible for forwarding community policies to ICANN’s board of directors – was asked to vote on a resolution giving special trademark protections to the International Olympic Committee and Red Cross and Red Crescent movements.
The resolution would have made it possible for the IOC/RC/RC organizations to apply for new gTLDs such as .olympic and .redcross while also disallowing confusingly similar strings from delegation.
The motion was created by a Drafting Team on the instruction of the ICANN board of directors, itself responding to a request from a heavily lobbied Governmental Advisory Committee.
The timing of the vote was crucial – the GNSO Council was not set to meet again until April 12, coincidentally the same date that ICANN stops accepting applications for new gTLDs.
If the vote didn’t happen last week, the IOC and Red Cross could have been basically banned from applying for new gTLDs until the second application round, years from now.
Confusingly similar strings would be eligible for delegation in the first round, however, which could mean both organizations would be locked out of the program permanently.
The resolution enjoyed broad support and was set to attract positive votes from every constituency group with the exception of the Non-Commercial Stakeholders Group.
The Non-Coms were unhappy that the Drafting Team recommendations underlying the resolution were, and still are, open for public comment.
While it’s not a unanimous view, they’re also ideologically opposed to the idea that the IOC and Red Cross should get special protection when a cheap way to object to confusing gTLDs already exists.
And the NCSG is far from alone in its concern that the decision to grant special privileges to these groups was a top-down decree from the ICANN board, lobbied for by the GAC.
Rather than simply voting “no”, however, the NCSG decided instead to force a deferral of the vote.
NCSG councilor Rafik Dammak said the resolution was “questionable on the merits and contrary to ICANN’s processes” and said the group had decided it had “no option but to defer this motion at least until the public comment period is closed”.
The GNSO Council has an unwritten but frequently used convention whereby any stakeholder group request to defer a vote until the next meeting is honored by the chair.
Barely a Council meeting goes by without one stakeholder group or another requesting a deferral. Usually, it’s requested to give a constituency group more time to study a proposal.
“The deferral request is intended to give people time to consider motions,” Council chair Stephane Van Gelder told Dammak. “The statement you just read is a statement against the motion itself.”
As Van Gelder noted, the NCSG did not have the usual excuse. Drafting Team chair Jeff Neuman had spent a few weeks prior to Costa Rica making damn sure that every stakeholder group, as well as the ICANN board, knew exactly what was coming down the pike.
As a veteran GNSO wonk, Neuman knew that a Non-Com deferral was likely. Even I predicted the move over a week before the Costa Rica meeting kicked off.
He was a little pissed off anyway. Neuman said:

For us to not be able to vote today is a failure. It’s a failure of the system under the guise of claiming you want more public comment. It’s a convenient excuse but in the end it’s a failure – nothing more, nothing less. This is a slap in the face to the governments that have asked us to decide.
You already know how you’re going to vote, it’s clear the vote is going to be no, so why don’t you stand behind your vote and vote now and vote no. That is what you really should be doing.
I want everyone to remember today – March 14, 2012 – because it this is the day that everyone going to remember as the downfall of the current GNSO Council as we know it and the policy process as we know it. Mark my words, it will happen. The GAC has asked us to act and we have failed to do so.

See? Drama.
Neuman noted that the deferral tradition is an unwritten politeness and called for the Council to vote to reject the NCSG’s request – an unprecedented move.
Van Gelder was clearly uncomfortable with the idea, as were others.
NCSG councilor Bill Drake said Neuman’s call for a vote on the deferral was “absolutely astonishing”.
“I never would have imagined I could say ‘well I don’t like this, this annoys me’ and so I’m going to demand we get a vote together and try to penalize a minority group that’s standing alone for some principle,” he said. “If that’s how we going to go about conducting ourselves perhaps this is the end of the Council.”
The Non-Com position also found support from other constituencies.
While Mason Cole of the Registrars Stakeholder Group said he would have voted in favor of the resolution, he said the way the policy was created looked like “a circumvention of the bottom-up policy development process”.
To cut a long story short (too late), after a spirited debate that lasted over an hour Van Gelder honored the NCSG deferral request, saying “something that we’ve always allowed in the past for everyone else should not be overturned in this instance”.
This would have pushed the vote out to the April 12 meeting — the NCSG would have effectively killed off the resolution purely by virtue of the new gTLD program timetable.
Neuman, however, had already invoked another quirk of the GNSO rules of engagement, demanding an emergency Council teleconference to vote on the resolution.
That’s now scheduled for March 26. Assuming the resolution is approved, the ICANN board will have just three days to rubber-stamp it before ICANN’s TLD Application System stops accepting new users.
If the Olympic or Red Cross organizations have any plans to apply for new gTLDs matching their brands, they’re going to have to be very quick.
Frankly, the IOC/RC issue has been a bit of a clusterfuck from beginning to end. This is one of those cases, it seems to me, in which every party involved is wrong.
The GAC was wrong to demand unnecessary special protections for these bodies back in June.
The ICANN board of directors was wrong to overturn established bottom-up policy when it gave the GAC what it wanted at the Singapore meeting.
The ICANN staff implementation that made it into the Applicant Guidebook last September was wrong and full of loopholes.
The Drafting Team was wrong (albeit through no fault of its own) to assume that it was refining established law rather than legislating.
The GNSO Council was wrong to consider a resolution on a policy that was still open for public comment.
The Non-Coms were wrong to abuse the goodwill of the Council by deferring the vote tactically.
There are probably a few typos in this article, too.
But does it spell the end of the GNSO?
I don’t think so. I suspect Neuman’s doomsaying theatrics may have also been somewhat tactical.
The GAC, which wields the hypothetical kill-stick, has yet to say anything about the drama. This may change if the GAC doesn’t get what it wants by the Prague meeting in June, but for now the GNSO is, I believe, safe.

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New gTLD registrants now at 290

Kevin Murphy, March 18, 2012, Domain Registries

There are now 290 registered users of ICANN’s Top-Level Domain Application System, according to the organization.
As before, there’s not a one-to-one mapping of TAS accounts to gTLD applications, because each account can hold up to 50 applications.
It’s difficult to estimate how many individual gTLD applications these 290 slots represent, but I expect it could be easily double that number.
Many attendees at ICANN 43 in Costa Rica last week were expecting a last-minute rush of TAS registrations over the next 10 days before ICANN closes the doors to new registrants.
Big brands are expected to be among the last to sign up for their TAS accounts, but perhaps not for the reasons you might think.
In order to sign up for a TAS account, you have to answer the first handful of basic Applicant Guidebook questions by including the contact details of the applying entity and its officers.
For many organizations, getting this information has apparently caused difficulties internally – directors of large public companies for example don’t want to hand over their home addresses, even though ICANN has promised not to publish them.
Despite all the other controversies, vagaries and uncertainties in the Guidebook, simply confirming the name of the applicant is turning out to be a big problem for some applicants.
Some likely applicants are therefore likely to set up a shell LLC or two, along with a bunch of straw-men officers, before registering with TAS.
This, according to consultants and registries, is one of the major reasons ICANN might see a last-minute rush of applicants shortly before the March 29 registration deadline.

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GMO to apply for .yokohama

Kevin Murphy, March 18, 2012, Domain Registries

GMO Registry has said it has obtained government consent to apply to ICANN for yet another Japanese city top-level domain.
This time it’s .yokohama for Yokohama, which with 3.7 million inhabitants is Japan’s second-largest city.
GMO has also been successful in bids for support for .tokyo, .osaka and .kyoto applications.
Other Japanese geo-gTLDs expected to be applied for include .okinawa, .sendai, .wakayama and .ryukyu.

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Second new gTLD round in “small number of years”

Kevin Murphy, March 18, 2012, Domain Policy

ICANN chair Steve Crocker has said that the second round of new generic top-level domain applications will open years from now, but “not a large number of years”.
He made the comments during an interview with ICANN’s head of media relations Brad White after the ICANN public meeting in San Jose, Costa Rica closed on Friday.
“We can’t pin it down with any certainty but we can make a rough estimate,” Crocker said. “It’s time measured from here in years but not a large number of years, it’s probably a small number of years but I can’t pin it down greater than that because we’re running an experiment.”
He reiterated that the first round applications need to be processed and a number of reviews need to take place before the second round opens.
He said ICANN should have a better idea how long the first of these two prerequisites will take after the application window closes April 12.
The Governmental Advisory Committee reiterated its demands for a review of the first round in its Advice document on Friday.
The earliest I believe a second round could open based on what we currently know is 2015, but many other domain industry players think 2017 is more likely.
I think the date will depend to an extent on the changing balance of tensions in the the ICANN community over the next couple of years.
If there’s a strong demand for a second round from business and intellectual property stakeholders, the necessary rights protection reviews may not be as long and drawn-out as many expect.
Crocker also said during the interview that Rod Beckstrom’s replacement as president and CEO will likely be announced in May.

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No Google boost for new gTLDs

Kevin Murphy, March 15, 2012, Domain Tech

Companies hoping to reap search engine optimization benefits from applying for keyword gTLDs related to their industries are in for a rude awakening today.
Google engineer Matt Cutts said that it’s “just not true” that relevant gTLDs will automatically rank higher than their equivalent .com domains.
In a post on Google+, Cutts wrote:

Google will attempt to rank new TLDs appropriately, but I don’t expect a new TLD to get any kind of initial preference over .com, and I wouldn’t bet on that happening in the long-term either. If you want to register an entirely new TLD for other reasons, that’s your choice, but you shouldn’t register a TLD in the mistaken belief that you’ll get some sort of boost in search engine rankings.

The post was in response to an article by ARI Registry Services CEO Adrian Kinderis, in which he postulated that dot-brand and keyword gTLDs can help build credibility, leading to SEO benefits.
Kinderis wrote:

Ultimately, the big question is: will car.insurance rank higher than carinsurance.com (for example)? All the evidence suggest the answer is yes, provided that the .insurance namespace builds value and perhaps verification into its space to ensure it is a signpost for good, trusted and authoritative content.

In response to Cutts’ post, Kinderis said he’s sticking by his opinion.

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Survey says 44% of brands to apply for gTLDs

Kevin Murphy, March 15, 2012, Domain Registries

Forty-four percent of major consumer brands plan to apply for dot-brand top-level domains, according to a survey carried out on behalf of Afilias.
The research, carried out in the UK and US by Vanson Bourne, found that only 82% companies were aware of their ability to participate in the the new gTLD program.
That’s a high number, but it still suggests that almost one in five companies are still completely oblivious about the program, despite months of media coverage and ICANN outreach.
Of those companies stating that they are aware of the program, 54% plan to apply and 40% are still thinking about it.
The survey covered 200 consumer-facing businesses with 3,000-10,000+ employees and was carried out in February.

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Hot girls land CZ.nic in hot water

Kevin Murphy, March 13, 2012, Gossip

Czech domain name registry CZ.nic has been told off by the ICANN Ombudsman for a sexist display at its booth here at the ICANN 43 meeting in Costa Rica.
The company, which will host ICANN 44 in Prague, is currently running a light-hearted promotion whereby attendees can claim a free public transport pass if they choose from a selection of postcards illustrating what they’re “most looking forward to” at the June meeting.
Options include historical sites, beer, and nightlife. And until this morning, you could also choose “girls”. There was no equivalent “boys” option.
I’m not the most tactful person in the world, but even I found the CZ.nic booth a bit icky.
So, apparently, did somebody else.
ICANN Ombudsman Chris LaHatte confirmed that he received a complaint today and stepped in to ask CZ.nic’s reps to remove the offending postcards, which they did.
LaHatte confirmed that the booth display did not meet ICANN’s longstanding Expected Standards of Behavior, which states in part that participants must:

Treat all members of the ICANN community equally, irrespective of nationality, gender, racial or ethnic origin, religion or beliefs, disability, age, or sexual orientation.

It’s no secret that ICANN meetings, like most tech conferences, can be a bit of a sausage-fest at times, but there are hundreds (probably) of women in attendance too.
At recent meetings, the DNS Women’s Breakfast has become a regular networking event.
(Which, come to think of it, is a closed session and therefore probably a bit sexist too).
UPDATE: For all the pervs demanding photographic evidence in the comments, prepare to be disappointed.
Girls

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ICANN to issue update on IANA contract

Kevin Murphy, March 12, 2012, Domain Policy

This weekend’s shock news that ICANN’s bid to renew its IANA contract with the US government failed is still without an official, detailed explanation, but ICANN may soon reveal more specifics.
The National Telecommunications and Information Administration said Saturday that no bidder for the IANA contract had met its requirements, and that it was canceling the RFP until a later date.
It extended ICANN’s management of IANA for another six months.
CEO Rod Beckstrom said at a press conference here at the public meeting in Costa Rica today that ICANN cannot comment on the reasons its bid was rejected for now.
However, it’s going to meet with the NTIA soon to discuss the matter and may issue an update later.
“We were invited to have a debriefing with them to learn more about this,” Beckstrom said. “Following that discussion we will share any information we are allowed to share.”
Here in San Jose, there are several theories floating around the show floor.
The first hypothesis, which was popular on Saturday but which since seems to have fallen out of favor, is that it was a deliberate attempt to, in the words of one attendee, “fuck with” Beckstrom.
His contract expires in early July, and it was speculated that the NTIA would prefer to deal with his successor on the IANA contract, forcing him to leave the organization on a bum note.
I don’t really buy that. I can’t see the NTIA playing personality politics to that extent, not with the future of internet governance on the line.
The other theory doing the rounds is that ICANN fell foul of some rather esoteric US procurement guidelines – that the NTIA was legally unable to approve its bid.
Others speculate that ICANN just submitted a really crappy response to the RFP, or a response that failed to take the NTIA’s requirements seriously enough.
This seems more likely.
Whatever the reason, the way the news broke – apparently catching ICANN off-guard as much as anybody else – certainly suggests that the NTIA either screwed up its communications or that it wanted to make one of its trademark pre-show sabre-rattling statements.

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