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.co.no opens for business after court win

The Norwegian registrant of the domain name co.no has won a court case against .no registry Norid that will allow it to finally launch as a pseudo-ccTLD, according to the company.
A Trondheim court ruled that Norid cannot revoke Elineweb’s registration of co.no for alleged policy violations, but has also ruled that the domain cannot be transferred to a third party.
Therefore, Elineweb plans to start offering third-level .co.no domain names to companies and individuals unable to register the names they want under Norid’s strict policy regime.
The company will open .co.no on a first-come, first-served basis — having already conducted sunrise and landrush periods — tomorrow at 10am Central European Time.
The full list of 70+ accredited registrars can be found here.
DI first covered the lawsuit back in October 2011.
The .co.no namespace is managed by CoDNS, a subsidiary of the registrar EuroDNS that already operates .co.nl as a pseudo-ccTLD, in partnership with Elineweb.
The two namespaces are not official ccTLDs, but they are both recognized by the Public Suffix List, which makes them behave similarly in browsers.

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Three Google gTLD applications doomed to fail

Kevin Murphy, July 3, 2012, Domain Policy

Google has applied for three new generic top-level domains that will almost certainly be rejected because they are on ICANN’s list of banned geographic strings.
I reported the story for The Register yesterday.
The applications for .and, .are and .est are affected by the rule that prohibits the delegation of three-letter country codes appearing on the ISO 3166-1 alpha-3 list.
A fourth application by a different company, for .idn, is also impacted by the same rule.
Based on DI’s analysis, there are at least another 16 new gTLD applications that are not currently self-designated geographic but which are also protected (but not banned) as geographic terms.
English dictionary words, brands and acronyms are affected.
DI PRO subscribers can read the full analysis here.

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Breaking: ICANN awarded IANA contract

Kevin Murphy, July 2, 2012, Domain Policy

ICANN has been awarded the contract to run IANA for another three to seven years.
It’s almost eight months since the US National Telecommunications and Information Administration put the contract up for rebid and four months after ICANN’s initial proposal was deemed unsatisfactory.
“This is the longest IANA functions contract we’ve ever had, running for a period of three years with two 2-year renewal options,” said Akram Atallah, ICANN’s new interim CEO, in a statement.
The new contract starts October 1.
A cynic might note that the renewal, which was of course expected, comes just a day after the departure of former CEO Rod Beckstrom. That cynic might also suggest that the timing was deliberate.

Former CEO Rod Beckstrom tweeted tonight that his last act as CEO was to sign the new contract yesterday.
The IANA contract gives ICANN its powers over the domain name root system and IP address allocation.
More on the story when we have it…

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GAC demands appeal of IDN ccTLD bans

Kevin Murphy, July 2, 2012, Domain Policy

The Governmental Advisory Committee has slammed ICANN’s decisions to reject at least three non-Latin ccTLDs because they might pose security risks.
Remarkably, the GAC has also asked ICANN to “urgently reconsider” the rulings, which were made to mitigate the risk of phishing attacks and other types of domain name abuse.
In its official post-Prague communique, published over the weekend, the GAC tells ICANN that the way it decides whether to approve IDN ccTLDs has been “too conservative”.
While the letter does not single out any specific ccTLDs, I understand that the advice was formulated primarily at the behest of the European Union and Greece, which have both had IDN ccTLD applications rejected on the grounds of confusing similarity.
The Prague communique (pdf) states:

The GAC is of the view that decisions may have erred on the too-conservative side, in effect applying a more stringent test of confusability between Latin and non-Latin scripts than when undertaking a side by side comparison of Latin strings.

It goes on to ask ICANN to publish its criteria for evaluating the similarity of IDN ccTLDs, to create an appeals process, to publish its rationales for rejecting bids, and to revisit old decisions.
The communique states, as formal GAC Advice:

Recently refused IDNs, particularly those nominated by public or national authorities should be urgently re-considered in light of the above considerations.

This request instantly loses the GAC credibility points, in my view, casting it as little more than another special interest group focused on the goals of its members first and internet security second.
To be clear, the GAC is appealing ICANN decisions that were designed to prevent phishing.
Greece’s application for .ελ,was rejected by ICANN last year due to its visual similarity with .EA, a non-existent – but potential future – ccTLD.
While there’s not much on the public record about the European case, I understand Eurid’s bid for a Greek version of .eu was blocked because it looks too much like Estonia’s EE.
Bulgarian IDN supporters have also been very vocal the last couple of years in opposition to ICANN’s decision to forbid .бг due to its alleged resemblance to Brazil’s .br.
While decent arguments can and have been made that some of these rulings were a little on the silly side, it’s hard to argue that they were made without the best of intentions.
The GAC has promised to write to ICANN with “further reflections on the methodology that should be followed when evaluating two character IDNs”.
The GAC as a technical regulator? That letter should make for some interesting reading.

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Digital archery looked “silly” but had “minor risks”, ICANN board was told

Kevin Murphy, July 2, 2012, Domain Policy

While ICANN staff acknowledged that digital archery was perceived as “silly”, it told the board of directors that it was “straightforward” and “unambiguous and easy to execute”.
That’s according to the latest delayed release of meeting minutes and briefing documents detailing board-level discussions between the Costa Rica and Prague meetings.
There was significant debate at the board level about digital archery prior to its approval in March, with directors generally favoring an auction model instead, these documents reveal.
Digital archery as a method of batching new gTLD applications was approved by ICANN at the end of March. It was then suspended two weeks ago and finally killed off last Wednesday.
Back in March, the board of directors’ new gTLD program committee was presented with a strong case in favor of archery by ICANN staff.
According to March 28 briefing document (pdf):

Implementation of the auction model at this late date presents significant risk of: program delay, legal action and significant reputational impact as described below. Board working group members tend to agree with this viewpoint but there is a split of opinion. The digital archery model presents minor risks; primarily a minor reputational risk from the perceived awkwardness of the model.
Analysis indicates that the legal risk raised by a random selection program will be satisfactorily addressed. This is true even though the results appear to have an element of randomness.

Implementation of the digital archery model is essentially completed. It presents no schedule risk. Its operation is straightforward.

Hindsight is a wonderful thing, and it reveals in this case that digital archery was far from straightforward in its operation, and did in fact present schedule risk.
The new gTLD program is currently in semi-limbo while ICANN tries to figure out a way to sequence the processing of applications in a fair and timely way.
Other documents published following Prague include the lengthy minutes of a May 29 committee meeting at which directors argued with staff about how to geographically weight batches.
Staff pushed for a proportional system – where if 10% of applications came from a specific region, 10% of the first batch would be drawn from that region – the minutes reveal.
But several directors argued and won the case for the “round robin” scenario, which would have given advantage to applicants from under-represented regions instead.
Newly published minutes from May 6 also reveal that ICANN considered offering 1% interest on refunds to applicants that withdrew their applications before Reveal Day.

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Microsoft, Yahoo and others involved in new dot-brand gTLD group

HSBC, Microsoft, Yahoo and jewelry maker Richemont have told ICANN they plan to form a new GNSO stakeholder group just for single-registrant gTLD registries.
The group would comprise dot-brand registries and — potentially — other types of single-user gTLD manager.
A letter (pdf) to ICANN chair Steve Crocker, signed by executives from the four companies, reads in part:

As a completely new type of contracted party, we do not have a home to represent our unique community. In addition, the existence of conflicts with other contracted parties makes it challenging for us to reside within their stakeholder group.

Combined, the companies have applied for about 30 single-registrant gTLDs, mostly corresponding to brands.
Richemont, which is applying for dot-brands including .cartier, is also applying for the keywords .jewelry and .watches as single-user spaces.
The group plans to discuss formalizing itself at the next ICANN meeting, in Toronto this October.
During the just-concluded Prague meeting, the GNSO’s existing registries stakeholder group accepted several new gTLD applicants — I believe mainly conventional registries — into the fold as observers.
How the influx of new gTLD registries will affect the GNSO’s structure was a hot topic for the Governmental Advisory Committee during the meeting too. I guess now it has some of the answers it was looking for.

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Digital archery is dead, but uncertainties remain

Kevin Murphy, June 28, 2012, Domain Policy

ICANN has killed off its unpopular “digital archery” scheme, which it had planned to use to rank and batch new top-level domain applications for evaluation.
But the organization has not yet replaced it with anything, leaving gTLD applicants without their much-sought-after certainty for at least the next three weeks.
In a resolution yesterday, ICANN’s New gTLD Program Committee approved the following resolution:

Resolved (2012.06.27.NG06), the New gTLD Program Committee directs the President and CEO to terminate the Digital Archery process as approved in Resolutions 2011.12.08.04-2011.12.08.07.

Given the discussions between the ICANN board and the rest of the community here at ICANN 44 in Prague this week, it would have been more surprising if archery had survived.
Not everyone is happy to see it go, of course.
Richard Schreier, CEO of erstwhile digital archery service provider Pool.com, took to the mic at the ICANN public forum this afternoon to ask that ICANN sticks to its decisions in future.
He further noted that the decision to scrap archery had been made without the input of applicants who are not in attendance at the meeting.
Now that archery has gone, the ICANN board has left a vacuum – nobody knows how applications will be prioritized for processing and evaluation.
Committee chair Cherine Chalaby said that ICANN will now open a comment period for all applicants, in order to help build a “roadmap” to “detail the next steps and timelines”.
This roadmap is due, it seems before the new gTLD committee’s next meeting, which is due to take place approximately three weeks from now.
This does not necessarily mean the program has been delayed, however. ICANN senior vice president Kurt Pritz said a few times this week that evaluators will start looking at apps July 12.

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.radio gTLD applicant joins the GAC

Kevin Murphy, June 28, 2012, Domain Policy

The European Broadcasting Union, which is one of four applicants for the .radio top-level domain, has asked to join ICANN’s Governmental Advisory Committee as an observer.
It is believed that its request is likely to be accepted.
The move, which comes just a couple of weeks after ICANN revealed its list of new gTLD applications, could raise conflict of interest questions.
While several GAC governments and observers are backing new gTLD bids – the UK supports .london, for example – they’re generally geographic in nature and generally not contested.
But .radio has been applied for by Afilias, BRS Media and Donuts in addition to the EBU.
While any organization can file objections against applications, under the rules of the new gTLD program the GAC has the additional right to issue special “GAC Advice on New gTLDs”.
Consensus GAC advice is expected to be enough to kill an application.
Since it’s not entirely clear how the GAC will create its formal Advice, it’s not yet clear whether the EBU will have any input into the process.
According to the GAC’s governing principles, observers do not have voting rights, but they can “participate fully in the GAC and its Committees and Working Groups”.
The EBU’s .radio gTLD would be open to all potential registrants, but it would be subject to post-registration content restrictions: web sites would have to be radio-oriented, according to the application.
It’s also the only Community-designated bid in the contention set, meaning it could attempt a Community Priority Evaluation to resolve the dispute.
The EBU has also applied for .eurovision, the name of its annual singing competition, as an uncontested dot-brand.

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ICANN: new gTLDs will not kill the internet

Kevin Murphy, June 28, 2012, Domain Policy

One of ICANN’s Governmental Advisory Committee’s ongoing inexplicable obsessions is that the introduction of new top-level domains risks toppling the internet.
One or more GAC members have raised the topic of DNS root zone scalability at pretty much every meeting the GAC has had with ICANN’s board of directors for the last couple of years.
It’s the reason why ICANN has committed to delegate no more than 1,000 new gTLDs – a fairly arbitrarily chosen number – to the root per year.
I’m not entirely sure where the GAC’s concerns originated, but they’ve been dismissed as red herrings on multiple occasions by ICANN and third-party technical experts.
And now ICANN has published yet another report – this one written by its own IANA staff – making the point that the risk to root stability is query volume, not database size.
Here’s the gist:

Having twice as many TLDs does not mean that the average Internet user visits twice as many web pages, or writes twice as many emails. Rather, Internet usage is driven by growth in overall Internet adoption. Having more TLDs available does not directly incur increased usage of the DNS; rather it will exchange a subset of their query load from existing TLDs to new TLDs.

You can download the full report here.

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New gTLD application batching dead?

Kevin Murphy, June 26, 2012, Domain Policy

It’s looking increasingly possible that not only is digital archery dead, but that ICANN may also kill off the idea of batching new gTLD applications entirely this week.
Given the number of groveling apologies from staff and board about the failure of digital archery over the last few days, there doesn’t seem to be any way it can be plausibly reinstated following its shut-down last week.
But from the first three days of meetings and hallway conversations here at ICANN 44 in Prague, it’s pretty clear that doing away with batching is under serious consideration at board level.
It’s also my understanding that ICANN staff, which initially appeared reluctant to abandon plans to divide the 1,930 applications into three or four batches, is now also thinking along the same lines.
Batching is unpopular among most — but by no means all — applicants, because they don’t want to risk losing a time-to-market advantage by being allocated to a later batch.
When director Chris Disspain told an audience of applicants yesterday, “What I think the board thinks you want now is certainty,” the reaction suggested he had hit the nail on the head.
The problem ICANN has with a single batchless evaluation process is that it faces — hypothetically at least — up to 1,409 unique gTLDs exiting Initial Evaluation at the same time.
This could cause problems because it’s promised the DNS root server operators and the Governmental Advisory Committee that it will delegate no more than 1,000 new gTLDs per year.
These commitments are, at least for now, non-negotiable, chairman Steve Crocker has indicated this week.
So ICANN has to figure out a way to “rate limit” application processing so that no more than 1,000 gTLDs go live in the same 12 month period.
Many opponents of batching have stated that the process already contains several throttling mechanisms, or “gateways” as ARI Registry Services CEO Adrian Kinderis calls them.
For starters, not every application will be successful. Some will be withdrawn soon because they were tactical filings, others will not pass Initial Evaluation and will be withdrawn.
Some will fail Initial Evaluation and enter Extended Evaluation. Others will face formal objections or will find themselves in contention resolution.
In these cases, applicants can expect an extra six months of processing time, which will act as a natural throttle.
For those applications that get through to contract negotiations, ICANN’s legal department will operate on a strict first-in-first-out basis with the paper contracts, Disspain said yesterday.
But there’s a concern that these gateways might not be enough to smooth out the evaluation and approval process.
Various solutions have been put forward by the ICANN community so far this week.
These have ranged from the predictable “IDN applicants should go first” from IDN applicants and “brands should go first” from brand applicants, which both seem unlikely to be adopted, to some more inventive ideas.
Top Level Domain Holdings founder Fred Krueger and others have suggested that one way to prioritize applications would be to ask the large portfolio applicants — TLDH, Google, Donuts, et al — to decide which of their gTLDs they want to hit the root first.
“I value .london significantly more than I value .beer,” Krueger said yesterday. “I’m sure Google values .google more than .lol.”
Another idea, put forward by Uniregistry’s outside counsel Bret Fausett yesterday, was to rank applications according to how cleanly they exit Initial Evaluation.
Applications that made it through Initial Evaluation without the evaluators needing to ask any clarifying questions would be considered the “first batch”. Those that needed a single question answered would be the “second batch”, and so on.
This system would have the advantages of enabling a single batch while rate-limiting applications based on their inherent quality.
On the face of it, it’s quite an attractive idea, and it’s my sense that Fausett’s approach was well-received by ICANN. We might be hearing more about it as ICANN 44 progresses.

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