Want Beyonce.xxx? JustinBieber.xxx? Forget it

ICM Registry has banned a whole bunch of celebrity names from the new .xxx top-level domain, in order to scupper cybersquatters and opportunistic porn webmasters.
Want to register Beyonce.xxx, AngelinaJolie.xxx, OlsenTwins.xxx, Madonna.xxx, BritneySpears.xxx, KimKardashian.xxx, HalleBerry.xxx or WinonaRyder.xxx?
How about JustinBieber.xxx, BradPitt.xxx, CharlieSheen.xxx, SimonCowell.xxx, GeorgeMichael.xxx, EltonJohn.xxx, VerneTroyer.xxx, DonaldTrump.xxx or OsamaBinLaden.xxx?
Forget it. According to Whois records, you’re out of luck on all counts. They’ve all been reserved by the registry.
These are all among what I’m guessing is at least hundreds – maybe more – of celebrity names that ICM has blocked from ever being registered.
The company won’t say how many celebrities have been afforded this privilege, or how it came up with the list, but it has said in the past that a total of about 15,000 domains have been registry-reserved.
That also includes the names of the world’s capital cities, culturally sensitive strings put forward by a handful of governments, and the “premium” names that ICM plans to auction.
I’m wondering what the cut-off point is for celebrities. How famous do you have to be to get your .xxx blocked by default by the registry? B-List minimum? D-List? What database is ICM using?
American Pie actor Tara Reid just entered Celebrity Big Brother here in the UK, which pretty much means her career is over, and she’s managed to make it to ICM’s reserved list.
While ICM has always said it would help protect personal names from abuse, it’s never been entirely clear about how it would go about it.
Its registry agreement with ICANN has for some time said that “unauthorized registration of personal names” would be forbidden, but there were no real details to speak of.
As I reported last week, its souped-up cybersquatting policy, Rapid Evaluation Service, has a special provision for personal names.
But presumptively blocking a subset of the world’s famous people from .xxx is bound to raise questions in the wider context of the ICANN new gTLD program, however.
As far as I can tell, no corporate trademarks have been given the same rights in .xxx as, say, David Cameron or Barack Obama.
If ICM can protect Piers Morgan’s “brand”, why can it not also protect CNN? Or Microsoft or Coke or Google? None of these brands are registry-reserved, according to Whois.
The trademark lobby will raise this question, no doubt. ICM has its own celebrity Globally Protected Marks List for .xxx, which only applies to individuals, they could argue.
There are some differences, of course.
Celebrities sometimes find they have a harder time winning cybersquatting complaints using UDRP if they have not registered their names as trademarks, which can be quite hard to come by, for example.
(UPDATE: And, of course, they may not qualify for ICM’s sunrise period if they don’t have trademarks, as EnCirca’s Tom Barrett points out in the comments below).
In addition, celebrity skin is a popular search topic on the web, which may give cybersquatters a greater impetus to register their names as domains, despite the high price of .xxx.
Also, if a registry were to reserve the brand names of, say, the Fortune 1000, it would wind up blocking many dictionary or otherwise multi-purpose strings, which is obviously not usually the case with personal names.

5 Comments Tagged: cybersquatting, gpml, ICANN, icm registry, new gTLDs, new TLDs, trademarks, xxx

Libyan registry hacked by anti-Gaddafi crackers

The official registry web site for the Libyan top-level domain has been defaced by anti-Gadaffi crackers.
Nic.ly currently looks like this (click to enlarge):

The attack appears to be limited to the web server – as bit.ly domains are still resolving I assume the culprits have not managed to take control of the registry’s more important systems.
Libya famously cut itself off from the internet in March, shortly after the ongoing rebel uprising – which today arrived on the streets of Tripoli – kicked off.
The .ly domain also went completely dark in 2004 after a communication breakdown between the registry manager and IANA.
(via Sophos)

1 Comment Tagged: libya, ly, nic.ly, security

ICM reveals tough .xxx cybersquatting rules

ICM Registry has finally taken the wraps off its rapid domain name takedown service, which promises to make life difficult for cybersquatters in the .xxx top-level domain.
The Rapid Evaluation Service, as it is known, is basically a souped-up version of the familiar UDRP that tilts the overall balance in favor of legit trademark holders.
It’s designed for companies or individuals who don’t want to be associated with .xxx domain names, and has the remedies to match.
Using RES, brand owners will be able to get a domain temporarily suspended in less than a week, and later have it switched off for good.
That’s right, if a name is lost under RES it goes into registry-reserved status. The complainant does not get control of the domain, and they don’t have to pay recurring renewal fees.
But it will not be cheap. The National Arbitration Forum is the only organization authorized to handle RES work, and it’s charging $1,300 per domain, with no discounts for multiple-domain cases.
RES does not replace UDRP, but it is based on it.
Like UDRP, its three pillars are the domain’s confusing similarity with the complainant’s trademark, the rights and legitimate interests of the registrant, and the question of bad faith registration.
While much of the RES has been copied straight from the UDRP, there are key differences.
ICM has codified some of the good case law that has emerged from the last decade of UDRP and eschewed some of the bad, arguably making RES less open to interpretation.
Notably, unless you’re filing to protect a personal name — celebrities, porn stars or just the average Jo(e) — RES is for nationally registered, in-use trademarks only. Other marks don’t seem to count.
Typos are explicitly included in the definition of confusing similarity (no microsfot.xxx), as are brand+keyword domains (microsoftporn.xxx).
Phonetic similarity also makes an appearance, which seems like it could open a great big can of worms.
The bad faith component of RES is very similar to UDRP, but with the addition of a typosquatting ban and the removal of the requirement to show the registration was made for “commercial gain”.
As far as registrants are concerned, there are some additional protections you won’t find in UDRP, notably this text, which seems to specifically make many generic terms immune:

(iii) the domain name in the .XXX TLD has a primary meaning apart from its secondary meaning as a trademark or service mark associated with the complainant, and is being used in connection with its primary meaning in association with which the complainant has not acquired distinctiveness in the adult-entertainment industry.

Technically, and very hypothetically, I interpret this to mean that if you registered apple.xxx (which you won’t) and used it to publish videos of men recreating that scene from American Pie, you probably couldn’t lose the domain to an RES complaint.
I expect this is largely of concern to companies that have registered trademarks that correspond to dictionary words. They may have to use UDRP as usual.
RES has previously been billed as a 48-hour solution, but in reality cases could take anywhere between three and five days before a Preliminary Decision is handed down.
After a complaint is filed, there’s a one-business-day turnaround for an administrative check, then another two business days for the panelist to decide what to do.
If a respondent has lost three or more RES cases in a year, the panelist will be entitled to presumptively consider them an “abusive registrant” for a preliminary decision.
Preliminary decisions can stop a domain resolving immediately, if the panelist thinks the complainant is likely to win and that there’s no “substantial likelihood of harm” to the registrant.
Registrants then have 10 days to respond before a final decision is made. If they default, maybe because they’re on vacation, they have up to three months to appeal.
In short, we’re looking at the bastard son of UDRP here.
I suspect the trademark lobby is going to quietly love it. If that’s the case, it might help the domain industry look a bit more respectable.
If you’re more likely to be a respondent than a complainant, you’d be well-advised to familiarize yourself with RES (and ICM’s other policies) before investing in gray-area .xxx domains.
The huge glaring problem with the policy as far as I’m concerned is that neither ICM or NAF is going to publish any of its decisions in full, only aggregated statistics.
This is ostensibly to protect the identities of the complainants, but it’s also going to cover up (probably inevitable) sloppy decision-making, which won’t be good for confidence in the .xxx TLD.
But if somebody cybersquats your mom, you’ll probably be glad of it.

Comment Tagged: icm registry, rapid evaluation service, res, udpr, xxx

How not to upgrade to a .com – ask ICANN

The domain name world can be confusing, and there’s no shortage of timewasters ready to bother ICANN with their relatively minor problems and disputes.
The latest is violin maker Zeta Music Systems, which went to the extraordinary lengths of initiating an ICANN Reconsideration Request to get its hands on a domain name it does not own.
Zeta currently hosts its web site at zetamusic.net. The equivalent .com – which Zeta wants – is owned by a now-defunct company that went by the same name.
Even though the company is apparently bust and the Whois is no longer accurate, it had a long-term registration that is not due to expire until November 2012.
In his Reconsideration Request (pdf), filed in June, Zeta president Michael Gende wrote:

ICANN would be doing no harm to the former Zeta by reassigning the domain to us now. However, ICANN’s inaction with regard to this issue is doing harm to our company as potential customers naturally go to the zetamusic.com domain, and find nothing.

Individually handling second-level domain disputes is obviously none of ICANN’s business, and that’s exactly what Gende has been told (pdf) by its Board Governance Committee.
Reconsideration Requests are a rarely used, rarely successful review mechanism whereby ICANN’s decisions can be challenged if new information comes to light.
Gende’s is the first of 2011 and one of only four filed in the last five years.

2 Comments Tagged: ICANN, reconsideration request, zetamusic.com

Who should be ICANN’s next CEO?

With Rod Beckstrom now less than a year away from leaving the CEO job at ICANN, following his resignation this week, the rumor mill is already spitting out ideas about who should replace him.
While his contract is not set to expire until July 1, 2012, that does not necessarily mean Beckstrom’s replacement will not be named and in situ before then.
His predecessor, Paul Twomey, also gave about 10 months notice when he resigned in March 2009, and Beckstrom had taken over by July.
Twomey played out the remainder of his contract in an advisory capacity, to smooth the transition. He eventually left in January 2010.
So it’s quite possible ICANN’s executive search team will start its hunt sooner rather than later. But where should they look and what type of candidate should they choose?
It’s proved to be a well-compensated but often thankless job.
Candidates must be equally capable of sharing applause with world leaders one day and then sitting in a stuffy meeting room patiently taking shit from community members the next.
They need to be able to act not just as a figurehead but as a diplomat, negotiator and man manager, somebody confident handling large budgets and larger egos.
Candidates with cat-herding experience and a target tattooed on their foreheads will be a shoo-in.
It’s been pointed out ICANN’s four CEO appointees to date have alternated between, for want of better words, “insider” and “outsider” candidates. (The chair has a similar rule.)
Beckstrom came directly from the US government, whereas Twomey had been steeped in ICANN culture for four years as head of the Governmental Advisory Committee when he took over in 2003.
There’s no point speculating about “outsiders” at this point – ICANN could hire basically anyone – but people are already talking about known faces that might put themselves forward.
An insider may be a good call this time around, given the major challenges – new gTLDs and the renewal of the IANA contract, to name two – ICANN faces over the coming year.
As ICANN alum Maria Farrell, one of the people responsible for publicizing criticism of Beckstrom’s management style, noted yesterday, “we need someone who can hit the ground running.”

Put it another way, globally, there are probably about 500 key people involved in running the DNS and numbering systems. If the CEO doesn’t know these people already, and know where the bodies are buried – i.e. is not already one of the 500 – then she or he will be a liability for at least the first year.

That’s a pretty strong endorsement of an “insider” candidate – somebody who already knows their way around ICANN’s complex personality-driven machinery.
While there’s nothing stopping ICANN promoting somebody from within its own ranks, no names jump out as obvious candidates.
Most senior staffers are either Beckstrom-era appointees with less than two years under their belt, or hold specialist roles that would not necessarily make them CEO fodder.
An “insider”, in this case, is more likely to mean somebody from the broader ICANN community.
Two names that have popped up more than once during conversations since Beckstrom’s announcement are Chris Disspain (head of auDA in Australia) and Lesley Cowley (head of Nominet in the UK).
Both, it is whispered, were on the shortlist in 2009. Disspain now sits on the ICANN board of directors and Cowley is the newly installed chair of the ccNSO (replacing Disspain).
Both know ICANN pretty much inside-out and have many years experience managing the policy bodies for their own respective country-code top-level domains.
They are also native English speakers. That’s obviously a slight advantage – English is ICANN’s lingua franca – but not necessarily a deal-breaker.
Some say ICANN could look elsewhere in the world for its new leader. Nigel Roberts, CEO of ccTLD manager Island Networks, wrote yesterday:

ICANN should at least seriously consider this time to appoint a CEO from a non-Anglo-Saxon background to show the rest of the world it really is serious about its purported commitment to diversity.

While blind affirmative action would obviously be a terrible idea, I would have little difficulty imagining the likes of Accenture veteran Cherine Chalaby or career diplomat Bertrand De La Chapelle – ICANN directors native to non-Anglo nations – being put forward as candidates.
Both men have shown a dedication (ambition?) within ICANN, with British-Egyptian Chalaby unsuccessfully standing for chairman this year and BDLC quitting his job in the French government in order to take on his uncompensated role on ICANN’s board.
I hear good things about Chalaby, and his experience in the business world is extensive, though with just a year’s ICANN time served some may say he’s a little green. And if BDLC gets the job, we may have to extend ICANN meetings by a few days to cope with his verbosity.
While a CEO could be hired from essentially anywhere in the world, a willingness to live and work in Marina Del Rey, California may also prove an advantage.
Even though Beckstrom is based just a few hundred miles away in Silicon Valley, I don’t doubt that his distance from ICANN headquarters has contributed to the perception that he’s out of touch with his troops, surrounded by an inner circle of trusted advisers.
That said, I believe that Twomey managed to get away with spending a lot of his time in his native Australia while he was CEO, to little complaint.
Experience in the business world will also be an advantage.
ICANN has a $70 million budget for this fiscal year, and it could well find itself handling double or triple that amount when the new gTLD program kicks off next year.
Would a candidate with experience with similar budgets make a better choice? If so, how many likely applicants would actually would fit that criterion?
There are not a great many “insiders” with CEO experience at organizations of a comparable size, and companies that large do not usually send their CEOs to ICANN meetings anyway.
A senior executive from a domain name company, perhaps a VP looking to get their teeth into their first C-level position, may be a more likely applicant.
But a hire from industry could also present a perception of conflict of interest problem, coming at a time when ICANN is coming under pressure to review its ethics policies.
If Peter Dengate Thrush’s move to Minds + Machines from ICANN’s chair raised eyebrows, imagine how it could appear if ICANN’s CEO was hired directly from a registry or registrar.
As fun as it would be, I think we can probably rule out Bob Parsons for the time being.

6 Comments Tagged: ceo, ICANN, rod beckstrom

Beckstrom quits ICANN

The CEO and president of ICANN has quit.
Rod Beckstrom tweeted within the last hour:

I have decided to wrap up my service at ICANN July 2012. Press release soon.

Many in the ICANN community kinda knew this was coming.
Over the coming hours, expect to read a lot of people question whether the words “I have decided” are strictly accurate.
UPDATE: I’ve covered the story in more depth for The Register.

4 Comments Tagged: ICANN, rod beckstrom

On its birthday, .co has a 66% renewal rate

Two thirds of .co domain names due to expire in July were renewed, according to the registry.
In its monthly newsletter, .CO Internet said that its renewal rate was 66%.
A company spokesperson confirmed that this figure is for the entire month, which includes the July 20 one-year anniversary of the repurposed ccTLD going into general availability.
What this essentially means is that about one in three .co domain names registered for a year during the initial landrush a year ago were allowed to expire last month.
According to HosterStats, which categorizes over half a million .co domains according to how they’re being used, about 73,000 .co domains – roughly 13% of the total – are now classified as expired.
.CO Internet says it has over one million registered domains.
If the company was publicly traded, investors and analysts would be looking to the renewal rate as an indication of the financial health of the company.
VeriSign typically reports a .com/.net renewal percentage in the low-to-mid 70s. If .co has a similar ratio, that’s not necessarily positive.

6 Comments Tagged: .co, .co internet

FSC steps up anti-.xxx campaign

The Free Speech Coalition is trying to rally its supporters into a legal nastygram campaign against ICM Registry ahead of the launch of .xxx next month.
The California-based porn trade group wants webmasters to inform ICM that if it sells their trademarks as .xxx domains, they may sue.
It’s released a template letter (pdf) for members to use. It reads, in part:

ICM is now on notice that the registration of any domain name using the .XXX extension that is identical or confusingly similar to one of the trademarks or domains listed on Exhibit A will violate (COMPANY NAME)’s intellectual property rights and constitute an unfair business practice. ICM must take steps to prevent such activity before it can occur. Failure to take affirmative steps to prevent this conduct will establish ICM’s substantial liability.

The FSC believes that because .xxx is squarely aimed at porn webmasters, it smells like a shakedown a lot more than a more generic-sounding string would.
Its tactics are interesting – encouraging others to issue legal threats instead of doing it itself.
As I’ve previously noted, top-level domain registries based in the US have a pretty good legal defense against cybersquatting suits under the Anticybersquatting Consumer Protection Act.
Whether those defenses extend to claims of trademark infringement is a different matter. As far as I know, a sponsored gTLD manager has never been sued on these grounds.
The .xxx gTLD is of course one of the most cybersquatting-unfriendly namespaces ever, in terms of the number and strength of its trademark protection mechanisms.

10 Comments Tagged: cybersquatting, free speech coalition, icm registry, porn, xxx

Breaking: Ad industry piles on ICANN

The Interactive Advertising Bureau, which represents over 500 companies including Facebook, Google, eBay and Microsoft, has told ICANN to put a stop to its new top-level domains program.
The cry calls just a couple of weeks after the Association of National Advertisers said it would lobby Congress and may take ICANN to court over the controversial program.
Randall Rothenberg, CEO of the IAB, said in a press release:

ICANN’s potentially momentous change seems to have been made in a top-down star chamber. There appears to have been no economic impact research, no full and open stakeholder discussions, and little concern for the delicate balance of the Internet ecosystem.
This could be disastrous for the media brand owners we represent and the brand owners with which they work. We hope that ICANN will reconsider both this ill-considered decision and the process by which it was reached.

The IAB’s membership is a Who’s Who of leading online media companies, purportedly responsible for selling 86% of online advertising in the US.
It counts AOL, Digg, Amazon, the BBC, Bebo, CNN, Ziff Davis, LinkedIn, Time Warner, Slate, Thomson-Reuters, IDG, the Huffington Post and many other well-known names as members.
Demand Media, too.
If the ANA represents advertisers themselves, the IAB represents the places they spend their advertising money.
It looks like a large portion of corporate America is not happy about new gTLDs. ICANN may have found itself a new, extremely well-funded enemy.

8 Comments Tagged: association of national advertisers, ICANN, interactive advertising bureau, new gltds, new TLDs

IFFOR names .xxx porn council members

The five porn industry members of the body which will set the rules for .xxx domains have been named by the International Foundation For Online Responsibility.
IFFOR is the policy shop set up by ICM Registry to oversee the new top-level domain. It will be funded to the tune of $10 a year from every .xxx domain registration.
The newly announced members of its Policy Council are:
Jerry Barnett, managing director of Strictly Broadband, a UK-based video-on-demand provider.
Florian Sitta, head of the legal department of the large German porn retailer Beate Uhse.
Trieu Hoang, based in Asia, counsel for AbbyWinters.com.
Chad Bellville, a US-based lawyer who advertises UDRP services.
Andy Kayton, general counsel for WebPower, which runs iFriends (a pornographic webcam service) and ClickCash, a large affiliate network.
Both Americans are members of the First Amendment Lawyers Association, according to IFFOR.
It will be interesting to see what the adult industry makes of this. Usually when a porn company throws in with ICM Registry and .xxx there’s a bit of a backlash on webmaster forums.
That said, I doubt these names will come as much of a surprise. Some if not all of the companies these people represent have already engaged in the .xxx Founders Program.
IFFOR’s non-porn Policy Council members were named in June.

Comment Tagged: icm registry, iffor, policy council, xxx