GAC gives ICANN final warning on new TLDs

As ICANN’s 41st meeting begins in Singapore, the Governmental Advisory Committee is sticking to its guns on a number of its outstanding demands on new top-level domains.
GAC chair Heather Dryden said in a Saturday letter to the ICANN board (pdf) that its concerns relating to controversial string objections, trademark protection, and vertical integration have not been satisfactorily addressed.
She also said that the Applicant Guidebook should be amended to protect the trademarks of the Red Cross, Red Crescent and Olympics movements, and that developing countries should get support.

The GAC would advise the Board that these issues involve important public policy objectives and, until resolved, also risk gTLD applications being made that conflict with applicable law.
…
To this end, and notwithstanding the GAC’s wish to avoid any further delay in the new gTLD process, the GAC would advise the Board to ensure that all remaining public policy concerns are properly addressed and adequately respected before the new gTLD application procedure is finalised.

The GAC and board will meet this afternoon in Singapore to discuss these remaining issues.
The ICANN board is due to meet tomorrow morning to consider approving the Applicant Guidebook and the new gTLD program.

5 Comments Tagged: gac, ICANN, new TLDs, singapore

Hot topics for ICANN Singapore

ICANN’s 41st public meeting kicks off in Singapore on Monday, and as usual there are a whole array of controversial topics set to be debated.
As is becoming customary, the US government has filed its eleventh-hour saber-rattling surprises, undermining ICANN’s authority before its delegates’ feet have even touched the tarmac.
Here’s a high-level overview of what’s going down.
The new gTLD program
ICANN and the Governmental Advisory Committee are meeting on Sunday to see if they can reach some kind of agreement on the stickiest parts of the Applicant Guidebook.
They will fail to do so, and ICANN’s board will be forced into discussing an unfinished Guidebook, which does not have full GAC backing, during its Monday-morning special meeting.
It’s Peter Dengate Thrush’s final meeting as chairman, and many observers believe he will push through some kind of new gTLDs resolution to act as his “legacy”, as well as to fulfill the promise he made in San Francisco of a big party in Singapore.
My guess is that the resolution will approve the program in general, lay down some kind of timetable for its launch, and acknowledge that the Guidebook needs more work before it is rubber-stamped.
I think it’s likely that the days of seemingly endless cycles of redrafting and comment are over for good, however, which will come as a relief to many.
Developing nations
A big sticking point for the GAC is the price that new gTLD applicants from developing nations will have to pay – it wants eligible, needy applicants to get a 76% discount, from $185,000 to $44,000.
The GAC has called this issue something that needs sorting out “as a matter of urgency”, but ICANN’s policy is currently a flimsy draft in desperate need of work.
The so-called JAS working group, tasked with creating the policy, currently wants governmental entities excluded from the support program, which has made the GAC, predictably, unhappy.
The JAS has proven controversial in other quarters too, particularly the GNSO Council.
Most recently, ICANN director Katim Touray, who’s from Gambia, said the Council had been “rather slow” to approve the JAS’s latest milestone report, which, he said:

might well be construed by many as an effort by the GNSO to scuttle the entire process of seeking ways and means to provide support to needy new gTLD applicants

This irked Council chair Stephane Van Gelder, who rattled off a response pointing out that the GNSO had painstakingly followed its procedures as required under the ICANN bylaws.
Watch out for friction there.
Simply, there’s no way this matter can be put to bed in Singapore, but it will be the topic of intense discussions because the new gTLD program cannot sensibly launch without it.
The IANA contract
The US National Telecommunications and Information Administration wants to beef up the IANA contract to make ICANN more accountable to the NTIA and, implicitly, the GAC.
Basically, IANA is being leveraged as a way to make sure that .porn and .gay (and any other TLD not acceptable to the world’s most miserable regimes) never make it onto the internet.
If at least one person does not stand up during the public forum on Thursday to complain that ICANN is nothing more than a lackey of the United States, I’d be surprised. My money’s on Khaled Fattal.
Vertical integration
The eleventh hour surprise I referred to earlier.
The US Department of Justice, Antitrust Division, informed ICANN this week that its plan to allow gTLD registries such as VeriSign, Neustar and Afilias to own affiliated registrars was “misguided”.
I found the letter (pdf) utterly baffling. It seems to say that the DoJ would not be able to advise ICANN on competition matters, despite the fact that the letter itself contains a whole bunch of such advice.
The letter has basically scuppered VeriSign’s chances of ever buying a registrar, but I don’t think anybody thought that would happen anyway.
Neustar is likely to be the most publicly annoyed by this, given how vocally it has pursued its vertical integration plans, but I expect Afilias and others will be bugged by this development too.
The DoJ’s position is likely to be backed up by Europe, now that the NTIA’s Larry Strickling and European Commissioner Neelie Kroes are BFFs.
Cybercrime
Cybercrime is huge at the moment, what with governments arming themselves with legions of hackers and groups such as LulzSec and Anonymous knocking down sites like dominoes.
The DNS abuse forum during ICANN meetings, slated for Monday, is usually populated by pissed-off cops demanding stricter enforcement of Whois accuracy.
They’ve been getting louder during recent meetings, a trend I expect to continue until somebody listens.
This is known as “engaging”.
Geek stuff
IPv6, DNSSEC and Internationalized Domain Names, in other words. There are sessions on all three of these important topics, but they rarely gather much attention from the policy wonks.
With IPv6 and DNSSEC, we’re basically looking at problems of adoption. With IDNs, there’s impenetrably technical stuff to discuss relating to code tables and variant strings.
The DNSSEC session is usually worth a listen if you’re into that kind of thing.
The board meeting
Unusually, the board’s discussion of the Guidebook has been bounced to Monday, leading to a Friday board meeting with not very much to excite.
VeriSign will get its .net contract renewed, no doubt.
The report from the GAC-board joint working group, which may reveal how the two can work together less painfully in future, also could be interesting.
Anyway…
Enough of this blather, I’ve got a plane to catch.

3 Comments Tagged: .net, applicant guidebook, cybercrime, european commission, iana, ICANN, new TLDs, ntia, singapore, verisign, vertical integration, whois

Japan gets two new geo TLD projects

BusinessRalliart, a Japanese technology company, has announced that it plans to apply for two geographic top-level domains covering the prefecture of Okinawa.
According to a few local news reports, the two proposed TLDs are .okinawa and .ryukyu, covering the names of the region and the islands themselves.
It’s not entirely clear from the articles whether the company will also apply for the Japanese-script equivalents.
What’s particularly interesting is the fact that, according to a translation provided by UrbanBrain, the investors in the project are reportedly a car rental firm and a restaurant chain.
I’m speculating, but it seems likely that these investors will get some premium domain name real estate under these TLDs as part of the deal.
I’m expecting to see quite a few of these kinds of relationships emerging in the first round of new TLD applications – getting an investor and an anchor tenant on board in one deal makes good sense for a limited community or geographic TLD.

6 Comments Tagged: .okinawa, .ryukyu, businessralliart

Nic.at strikes .hamburg deal

Hamburg Top-Level-Domain GmbH, a potential bidder for the .hamburg top-level domain, has headed across the border into Austria for its registry services provider.
The company has signed up to use Nic.at, currently the registry for the .at country-code TLD, according to a press release.
The initiative appears to be looking for money at the moment.
dotHamburg’s chief executive Oliver Süme said: “The knowledge that the technical side of things is in safe hands is an important criteria for potential investors looking to invest in .hamburg.”
The company will also need to secure the support of Hamburg’s local government, given the recent changes to ICANN’s Applicant Guidebook.

Comment Tagged: dothamburg, ICANN, new TLDs, nic.at

Governments get .xxx wish-list

National governments have been given the chance to block “words of cultural and/or religious significance” from the forthcoming .xxx top-level domain.
ICM Registry has told ICANN’s Governmental Advisory Committee that its members have until the end of July to provide lists of names they want banning from the .xxx namespace.
The GAC is due to meet during ICANN’s meeting in Singapore next Tuesday to discuss an “ICM Registry Request”, which is believed to be said block-list.
Approved strings would be marked as reserved and would resolve to a standard placeholder page. Unlike trademark holders, governments will not be required to pay a fee.
Strings in non-Latin alphabets will not yet be supported, according to ICM, but governments are allowed to submit them anyway, for future reference.
ICM will decide which strings make it to the list, but I can’t see it refusing reasonable requests — pissing off governments probably wouldn’t be a wise move given that some of them already plan to block the whole TLD at their national borders.

Comment Tagged: gac, ICANN, icm registry, xxx

Go Daddy lobbies to delay its IPO

Go Daddy is reportedly behind proposed US legislation that would make it easier for large privately-held companies to keep their financial records secret.
(UPDATE: This post sources a New York Post report, but according to a Go Daddy spokesperson, the company had “nothing to do with” the proposed legislation.)
If the new Private Company Flexibility and Growth Act becomes law, it would enable Go Daddy to avoid being compelled into an IPO.
The bill was introduced by Arizona’s Rep. David Schweikert and other bi-partisan Congressmen yesterday. In interviews, Schweikert talked of having the law pass by the end of the year.
Today, when private companies hit 500 shareholders they have to start publicly disclosing their accounts, by filing their financial statements with the Securities and Exchange Commission.
This creates substantial costs, and in the past many companies (Google is an example) choose to go the IPO route instead, even if they don’t necessarily want to.
The new bill would allow them to stay private, in both senses of the word, for longer.
Schweikert told Fortune that the bill was inspired by “a bunch of little companies” in his Scottsdale constituency. The New York Post reported that Go Daddy was among them.
Go Daddy filed for an IPO in May 2006, but canceled the offering a few months later, citing poor market conditions and conflicts with CEO Bob Parsons’ management style.
In September last year, the company put itself up for sale, with a reported asking price of between $1.5 billion and $2 billion, but the auction was called off a few weeks later.

2 Comments Tagged: go daddy, ipo, private company flexibility and growth act

Short .tel domains available tomorrow

Telnic has announced that two-letter and numeric-only .tel domain names will becomes available from tomorrow at 2pm UTC.
You’ll be able to register any two-letter .tel domain that has not already been claimed in a two-week landrush period, which ends today, with the exception of combinations that match ccTLDs.
Numeric-only and numeric/hyphen domains are restricted to seven characters and under, in order to avoid clashes with telephone numbers.
The release of numeric .tel domains was the subject of a minor controversy when Telnic first made the request to ICANN last year.
Telnic said pricing is expected to be the same as regular .tel registrations – usually about the same price as a .com domain name.
A list of participating registrars can be found here.

3 Comments Tagged: .tel, landrush, short domains, telnic

M+M gets into bed with Neustar

Minds + Machines has committed to use Neustar’s registry services for some of its new top-level domain applications, the companies have announced.
M+M parent Top Level Domain Holdings said in a press release that the companies:

will work together exclusively in respect of all geographic gTLDs pursued by TLDH, apart from a short list of those already in progress. TLDH will oversee sales, marketing, registrar relations, ICANN compliance and other management functions, while Neustar will provide back-end registry and DNS services.

The deal may cover applications including .bayern, .berlin, and .mumbai, judging from the press release.
M+M will continue to use Espresso, its version of the CoCCA registry platform, for non-geo TLDs.
Under ICANN rules, geographical TLDs will require the support of the respective governments.
Reading between the lines, it appears that demand for proven scale and financial stability may have been the primary driver for the deal.
Neustar manages .us and biz, among others, while M+M has a far shorter track record. Neustar has annual revenue of over half a billion dollars, compared to TLDH’s approximately $100,000.

4 Comments Tagged: .bayern, .berlin, .mumbai, ICANN, Minds + Machines, neustar, new TLDs

ICANN independence request denied

ICANN’s request for greater independence has been rejected by the National Telecommunications and Information Administration.
In its new Further Notice Of Inquiry (pdf) investigation into the IANA contract, through which ICANN is granted its internet management responsibilities, the NTIA said:

NTIA reiterates that it is not in discussions with ICANN to transition the IANA functions nor does the agency intend to undertake such discussions.

Transitioning the IANA functions would have meant less power over the domain name system for the US government and more for ICANN.
Privatizing the DNS was one of the original goals when ICANN was set up in 1998 — it was meant to happen before Clinton left office — but the US government has been dead set against such a move since at least 2005.
The latest decision was expected. NTIA assistant secretary Lawrence Strickling had flagged up the agency’s position in a recent speech.
Nevertheless, it’s a blow to ICANN and its CEO, Rod Beckstrom, who since the San Francisco meeting in March has been pushing for the IANA contract to be re-framed into a longer-term “cooperative agreement” to better reflect ICANN’s international nature.
But the NTIA said this would not be possible:

NTIA does not have the legal authority to enter into a cooperative agreement with any organization, including ICANN, for the performance of the IANA functions.

To drive the point home, the FNOI also calls for the functional aspect of IANA – the updates it makes to the DNS root database – to be clearly separated from the policy-making side of ICANN.
On the bright side, ICANN can rest assured that the NTIA seems to have put aside thoughts of breaking up the IANA functions and distributing them between different entities.
This notion was put to bed primarily because the organizations most likely to take over roles such as protocol and IP number administration (such as the NRO and the IAB) did not seem to want them.
The FNOI also suggests a raft of process and technology requirements that ICANN’s IANA team will have to abide by after the contract is renewed.
The process for redelegating ccTLDs is currently an absolute bloody mess – utterly opaque and with no historical consistency with how decisions for transferring ownership of TLDs are made.
The ccNSO is working on this problem, but its policy development is likely to take a year or two.
In the meantime, the NTIA will mandate through the IANA contract at least one major nod to ccTLD redelegation reform, in the form of the “respect rule” I blogged about earlier.
Under the heading “Responsibility and Respect for Stakeholders”, the proposed IANA Statement of Work says: “the Contractor shall act in accordance with the relevant national laws of the jurisdiction which the TLD registry serves.”
This provision is already included in most of the agreements ICANN has signed with ccTLD registries and ICP-1, the policy that governs its redelegation processes.

3 Comments Tagged: iana, ICANN, ntia

US resurrects the controversial new TLDs veto

The US government intends to give itself greater oversight powers over ICANN’s new top-level domains program, according to a partial draft of the next IANA contract.
The National Telecommunications and Information Administration has proposed what amounts to a Governmental Advisory Committee veto over controversial new TLDs.
The agency last night published a Further Notice Of Inquiry (pdf), which includes a proposed Statement Of Work that would form part of ICANN’s next IANA contract.
The IANA contract, which is up for renewal September 30, gives ICANN many of its key powers over the domain name system’s root database.
The new documents seem to fulfill NTIA assistant secretary Lawrence Strickling’s promise to use the IANA contract “as a vehicle for ensuring more accountability and transparency” at ICANN.
If the new draft provisions are finalized, ICANN would be contractually obliged to hold new gTLD applicants to a higher standard than currently envisaged by the Applicant Guidebook.
The FNOI notes that the US believes (my emphasis):

there is a need to address how all stakeholders, including governments collectively, can operate within the paradigm of a multi-stakeholder environment and be satisfied that their interests are being adequately addressed

The Statement Of Work, under the heading “Responsibility and Respect for Stakeholders” includes new text that addresses this perceived need:

For delegation requests for new generic TLDS (gTLDs), the Contractor [ICANN] shall include documentation to demonstrate how the proposed string has received consensus support from relevant stakeholders and is supported by the global public interest.

The current Applicant Guidebook does not require “consensus support from relevant stakeholders” before a new gTLD is approved.
It gives applicants the opportunity to show support from self-defined communities, and it gives communities the right to object to any application, but it does not require consensus.
Earlier this year, the GAC asked ICANN to beef up the Guidebook to make community support or non-objection a proactive requirement for applicants, but ICANN declined to make the change.
The .xxx Factor
The NTIA’s proposed “respect rule” alludes to the approval of .xxx, which the US and other governments believe was both not in the global public interest and unsupported by the porn industry.
Had the rule been applicable in March, ICANN could very well have found itself in breach of the IANA contract, and the NTIA could have been within its rights to block the TLD.
One way to look at this is as a US government safeguard against ICANN’s board of directors overruling GAC objections to new TLDs in future.
The Guidebook currently gives the GAC the right to object to any application for any reason, such as if it believed a proposed string was not supported by a community it purported to represent.
But the Guidebook, reflecting ICANN’s bylaws, also gives ICANN the ability to disagree with GAC advice (including its new TLD objections) and essentially overrule it.
Under the NTIA’s proposed IANA contract language, if ICANN were to overrule a GAC objection to a controversial application, the NTIA would be able to claim that the gTLD was approved without stakeholder consensus, in violation of the IANA contract.
The new gTLD program would have, in essence, a backdoor GAC veto.
While these changes are being made unilaterally by the US, they are certain to be supported by the European Commission and probably other members of the GAC.
Commissioner Neelie Kroes urged Secretary of Commerce Gary Locke to block or delay .xxx back in April, and subsequently met with Strickling to discuss their mutual opposition to the TLD.
Kroes and Strickling seem to agree agree that ICANN should not have signed the .xxx registry contract over the (weak, non-consensus) objection of the GAC.
The FNOI will shortly open for 45 days of public comment, so we’re not likely to know precisely how this is going to play out in the new IANA contract until August.
ICANN is now in the tricky position of trying to figure out how to incorporate this mess into the Guidebook, which it has indicated it plans to approve just over a week from now.
Singapore is going to be very interesting indeed.

15 Comments Tagged: applicant guidebook, european commission, fnoi, iana, ICANN, lawrence strickling, neelie kroes, new TLDs, ntia, singapore, sow