ICANN demands the right to terminate .jobs

ICANN has asked the International Chamber of Commerce to rule that it has the right to terminate Employ Media’s .jobs contract.
It’s filed its response to Employ Media’s demand for arbitration over the disputed Universe.jobs service, which saw the registry vastly expand the .jobs space.
Employ Media “transcended the very intent behind creation of the TLD” with Universe.jobs, which allocated tens of thousands of .jobs domains to the DirectEmployers Association, ICANN said.
The organization wants the ICC to rule that it “may, but is not required to, terminate the Registry Agreement with Employ Media”, as it has already threatened.
Employ Media took ICANN to arbitration in May, after ICANN notified it that it was in breach of its registry agreement and they were not able to settle their differences in private talks.
The registry wants a declaration that it is not in breach.
But according to ICANN, Employ Media is still and has always been restricted to selling domains just to human resources professionals to promote jobs “within their own organizations”.
That’s despite ICANN’s approval of a contract amendment last year that allowed the registry to sell non-companyname .jobs domains.
This liberalization, ICANN says, did not allow the company to launch Universe.jobs, which monetizes at least 40,000 geographical and vocational .jobs through a massive third-party jobs board.
ICANN is now trying to frame the arbitration proceeding around a single question – was its breach notice “appropriate” or not?
The whole debacle is based around two interpretations of the .jobs Charter, which spells out who can register .jobs domains. This is what it says:

The following persons may request registration of a second-level domain within the .JOBS TLD:
– members of SHRM [the Society For Human Resources Management]; or
– persons engaged in human resource management practices that meet any of the following criteria: (i) possess salaried-level human resource management experience; (ii) are certified by the Human Resource Certification Institute; (iii) are supportive of the SHRM Code of Ethical and Professional Standards in Human Resource Management, as amended from time to time, a copy of which is attached hereto.

Employ Media’s interpretation is fairly literal and liberal – any signed-up SHRM member can register a .jobs domain and somebody at DirectEmployers is a member and therefore eligible.
Becoming a SHRM member is pretty straightforward and cheap. It’s not much of a barrier to entry.
ICANN argues that this interpretation is bogus:

Employ Media has espoused policies that allow a .JOBS domain name (or thousands of them) to be used for virtually any purpose as long as a human resource manager is propped up to “request” the domain. In doing so, Employ Media has failed to enforce meaningful restrictions on .JOBS registrations, as required by the Registry Agreement.

It further argues that Employ Media should have allocated premium .jobs domains through an “open, fair and transparent” process, rather than the “self-serving… backroom deal” with DirectEmployers.
Evidence now filed by ICANN shows that the two organizations have been arguing about this since at least November 2009, when Employ Media launched a Universe.jobs “beta”.
ICANN also now says that it has no problem with Universe.jobs, provided that Employ Media and SHRM amend their Charter policies to make the service retroactively compliant.
The more this dispute progresses and the more convoluted and expensive it becomes, the more it leaves me scratching my head.
You can download the latest arbitration documents from ICANN.

Comment Tagged: .jobs, directemployers association, employ media, ICANN, icc, shrm, universe.jobs

ICM gives away .xxx domains to porn stars (video)

It seems that pretty much every time I’ve written about .xxx over the last five or six years the article has been mentioned, or focussed on, how the porn business hates it.
For a change, here’s a shameless propaganda video (possibly NSFW) that ICM Registry produced during a recent, evidently quite boozy, party at Platinum Lace, a strip joint in London.

Context: ICM was sponsoring the party.
The people heard supporting .xxx are either porn actresses who’ve just been given their .xxx domains, employees of the Paul Raymond stable of top-shelf men’s magazines, or domain registrars.
One of the interviewers is “Mario”, a Z-lister known for being annoying on the TV show Big Brother last year. I figured his 15 minutes were already up, but I guess not.
The other is ICM’s sales director Vaughn Liley. He’s the one who starts interviews with the question “So, do you think .xxx will be good for the industry, or great?”
Watch out, David Frost.
Also seen posing, though not speaking, is Ben Dover, pretty much the only mainstream-famous porn video producer ever to come out of the UK.

Comment Tagged: icm registry, xxx

Bit-squatting – the latest risk to domain name owners

Forget phishing, forget cybersquatting, forget typosquatting, high-value domain name owners may have a whole new threat to worry about – “bit-squatting”.
This appears to be the conclusion of fascinating new research to be presented by Artem Dinaburg at the Black Hat and DEF CON hacker conferences in Las Vegas next week.
Defective internet hardware, it turns out, may be enabling a whole new category of typosquatting that could prove worrying for companies already prone to domain name abuse.
According to a summary of Dinaburg’s research, RAM chips can sometimes malfunction due to heat or radiation, resulting in “flipped bits”, where a 1 turns into a 0 or vice-versa.
Because the DNS uses ASCII encoding, a query containing a single flipped bit could actually send the user to a completely different domain name to the one they intended to visit.
To test the theory, Dinaburg appears to have registered the typo domain name mic2osoft.com. While it’s not visually confusing or a likely typo, in binary it is only one bit different to microsoft.com.
The ASCII binary code for the digit 2 is 00110010, which is only one bit different to the lower-case letter r, 01110010.
The binary for the string “microsoft” is:

011011010110100101100011011100100110111101110011011011110110011001110100

and the binary encoding for “mic2osoft” is (with the single changed bit highlighted):

011011010110100101100011001100100110111101110011011011110110011001110100

Therefore, if that one bit were to be accidentally flipped by a dodgy chip, the user could find themselves sending data to the bit-squatter’s domain rather than Microsoft’s official home.
I would assume that this is statistically only a concern for very high-traffic domains, and only if the bit-flipping malfunction is quite widespread.
But Dinaburg, who works for the defense contractor Raytheon, seems to think that it’s serious enough to pay attention to. He wrote:

To verify the seriousness of the issue, I bit-squatted several popular domains, and logged all HTTP and DNS traffic. The results were shocking and surprising, ranging from misdirected DNS queries to requests for Windows updates.
…
I hope to convince the audience that bit-squatting and other attacks enabled by bit-flip errors are practical, serious, and should be addressed by software and hardware vendors.

His conference presentations will also discuss possible hardware and software solutions.
For large companies particularly at risk of typosquatting, the research may also present a good reason to conduct a review of their trademark enforcement strategies.
I’m not going to be in Vegas this year, but I’m looking forward to reading more about Dinaburg’s findings.
The annual Black Hat and DEF CON conferences are frequently the venues where some of the most beautifully creative DNS hacks are first revealed, usually by Dan Kaminsky.
Kaminsky is not discussing DNS this year, judging by the agendas.
The conferences were founded by Jeff Moss, aka The Dark Tangent, who joined ICANN as its chief security officer earlier this year.

15 Comments Tagged: artem dinaburg, bit-squatting, bitsquatting, black hat, cybersquatting, def con, dns, ICANN, security, typosquatting

Final gTLD Applicant Guidebook expected this week

It’s been over a month since ICANN approved its new top-level domains program, but we still don’t have a final-final version of the Applicant Guidebook.
The resolution approving the program ICANN passed in Singapore called for a number of amendments to be made to the 352-page tome.
The current draft was published May 30, and so far ICANN has not said when the next version – likely to be the version used in the first round of applications – will be released.
I inquired, and now word has come from on high that ICANN’s new gTLD team hopes to have the English version of the new Guidebook published by the end of July – this coming weekend.
The Singapore resolution called for changes to the government Early Warning and Advice processes, added protection for Olympic and Red Cross trademarks, and a modification of the Uniform Rapid Suspension cybersquatting policy.
One has to wonder if the changes outlined in the resolution are the only changes that we’ll see – a month seems like a long time to make just a few fairly minor edits.
The resolution said the board “authorizes staff to make further updates and changes to the Applicant Guidebook as necessary and appropriate”.
The first round of new gTLD applications is set to open January 12.

3 Comments Tagged: applicant guidebook, ICANN, new gTLDs, new TLDs

Could .om become the next typo TLD?

Will Oman’s .om domain follow in the footsteps of .co? Or .cm? Or neither?
The country-code top-level domain is set to be transferred to a new manager following an ICANN vote this coming Thursday.
The redelegation is one item on a unusually light agenda for the board’s July 28 telephone meeting. It’s on the consent agenda, so it will likely be rubber-stamped without discussion.
The domain is currently assigned to Oman Telecommunications Company, but the new owner is expected to be the national Telecommunications Regulatory Authority or an affiliated entity.
The Omani TRA was given authority over the nation’s domain names by Royal Decree in 2002.
It has already successfully had the Arabic-script ccTLD .عمان approved by ICANN for use as an internationalized domain name, but the IDN has not yet been delegated.
AusRegistry International this March won a $1.3 million contract with the TRA to provide software and services for the .om and .عمان registries.
At the time, the TRA said it planned to market both Latin and Arabic extensions to increase the number of domain registrations.
The .om ccTLD is of course a .com typo, like .co and .cm, but squatting is not currently possible due to its strict registration policies.
Only Omani entities may register .om domains today, and only third-level domains (such as example.com.om and example.net.om) may be registered. Domains may not be resold.
I have no particular reason to believe this situation will change under new stewardship, but it will certainly be worth keeping an eye on the TLD for possible policy changes.
When Cameroon’s .cm opened up, it implemented a widely vilified blanket wildcard in an attempt to profit from .com typos.
Colombia’s .co of course took the responsible route, disowning wildcards and embracing strong anti-squatting measures, even if its mere existence was still a headache for some trademark owners.

Comment Tagged: .cm, .co, .om, ausregistry, cctlds, iana, ICANN, idns, oman, redelegation, telecommunications regulatory authority, عمان.

ICANN fights government gTLD power grab

ICANN has opposed a US move to grant governments veto power over controversial new top-level domain applications.
Cutting to the very heart of Obama administration internet governance policy, ICANN has told the National Telecommunications and Information Administration that its recent proposals would “undermine the very principle of the multi-stakeholder model”.
The stern words came in ICANN’s response to the NTIA’s publication of revisions to the IANA contract, the contract that allows ICANN to retain its powers over the domain name system root.
The NTIA’s Further Notice Of Inquiry contained proposed amendments to the contract, including this:

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.

This was widely interpreted as a US attempt to avoid a repeat of the .xxx scandal, when ICANN approved the porn gTLD despite the unease voiced by its Governmental Advisory Committee.
As I noted in June, it sounds a lot like code for “if the GAC objects, you must reject”, which runs the risk of granting veto powers to the GAC’s already opaque consensus-making process.
In his response to the FNOI (pdf), ICANN chief Rod Beckstrom says that the NTIA’s proposal would “replace” the “intensive multi-stakeholder deliberation” that created the newly approved Applicant Guidebook.
He also pointed out the logical inconsistency of asking IANA to remain policy-neutral in one part of the proposed contract, and asking it to make serious policy decisions in another:

The IANA functions contract should not be used to rewrite the policy and implementation process adopted through the bottom-up decision-making process. Not only would this undermine the very principle of the multi-stakeholder model, it would be inconsistent with the objective of more clearly distinguishing policy development from operational implementation by the IANA functions operator.

NTIA head Larry Strickling has been pounding the “multistakeholderism” drum loudly of late, most recently in a speech in Washington and in an interview with Kieren McCarthy of .nxt.
In the .nxt interview, Strickling was quite clear that he believes ICANN should give extra authority to governments when it comes to approving controversial strings.
The NTIA concern – shared by other government entities including the European Commission – is that controversial strings could lead to national blocking and potentially internet fragmentation.
While Strickling declined to comment on the specific provisions of the IANA contract, he did tell .nxt:

If the GAC as a consensus view can’t support a string then my view is that the ICANN Board should not approve the string as to do so in effect legitimizes or sanctions that governments should be blocking at the root zone level. And I think that is bad for the Internet.
Where you’re dealing with sensitive strings, where you’ve engaged the sovereignty of nations, I think it is appropriate to tip the hat a little bit more to governments and listen to what they say. On technical issues it wouldn’t be appropriate but on this particular one, you’ve got to listen a little bit more to governments.

He also indicated that the US would not necessarily stand up for its principles if confronted by substantial objections to a string from other governments:

So we would be influenced – I can’t say it would be dispositive – if a large number of countries have a problem with a particular string, even if it was one that might not be objectionable to the United States government.
And that is out of interest of protecting the Internet’s root from widespread blocking at the top-level by lots of governments.

Does this mean that the US could agree to a consensus GAC objection to a .gay gTLD? A .porn? A .freespeech? It certainly sounds like it.

Comment Tagged: .nxt, censorship, ICANN, larry strickling, mopo, national telecommunications and information administration, new gTLDs, new TLDs, ntia, rod beckstrom

Olympics make more new gTLD demands

The International Olympic Committee, fresh from its big win at ICANN Singapore, is pushing for more special protections in the new top-level domains program.
ICANN only approved the new gTLD program last month with the proviso that Olympic and Red Cross strings – .redcross and .olympic for example – would be banned as gTLDs in the first round.
The decision was a pretty obvious piece of political bone-throwing to the Governmental Advisory Committee, which had backed the IOC’s cause.
Now the IOC wants to ensure ICANN will ban .olympic and .olympiad in eight additional languages, including four non-Latin scripts, as well as “confusingly similar” strings such as .olympics.
I expect ICANN will probably grant this concession, even though the idea that somebody other than the IOC could successfully apply for .olympics under existing rules has always been ludicrous.
The IOC has probably already spent just as much money lobbying for these changes as it would have cost to file a slam-dunk legal rights objection, as already allowed by the Guidebook.
And that would only have been necessary, of course, in the vanishingly improbable scenario where somebody was stupid enough to pay $185,000 to apply for .olympics in the first place.
But the IOC now also wants all of its brands banned at the second level in all new gTLDs. This seems like a bigger ask, given that ICANN resolved to protect the Olympic marks “for the top level only”.
In a July 1 letter to ICANN (pdf), published today, an IOC lawyer includes suggested text for the Applicant Guidebook, to be included in the default registry agreement, stating:

In recognition of legislative and treaty protection for the Olympic designations, the labels “OLYMPIC” and “OLYMPIAD” shall be initially reserved at the second level. The reservation of an Olympic designation label string shall be released to the extent Registry Operator reaches agreement with the International Olympic Committee.

This would give the Olympic brand as much protection as country names at the second level.
The problem with this, of course, is that it sets the precedent for a specially protected marks list, which ICANN has resisted and which the GAC specifically has not asked for.
It’s a problem ICANN has arguably brought on itself, of course, given that it already specially protects “icann”, “iana” and a number of other strings on spurious technical stability grounds.

2 Comments Tagged: ICANN, international olympic committee, ioc, new gTLDs, new TLDs, olympics

Lego overtakes Microsoft in cybersquatting cases

Lego has now filed more complaints against cybersquatters than Microsoft.
The maker of the popular building block toys has filed 236 cases using the Uniform Dispute Resolution Policy since 2006, the vast majority of them since July 2009.
That’s one more than Microsoft, about 50 more than Google and twice as many as Viagra maker Pfizer.
Lego has been particularly aggressive recently. As I’ve previously blogged, Lego lately files a UDRP complaint on average every three days.
The company is usually represented in these cases by Melbourne IT Digital Brand Services, the online trademark enforcement arm of the Aussie registrar.
The 236 cases equates to over $350,000 in WIPO fees alone. I’d be surprised if Lego has spent less than $1 million on UDRP cases over the last few years.
Lego has annual revenue of about $1.8 billion.
It has never lost a case. The company either wins the dispute, or the complaint is terminated before a finding is made.
It’s picked up some oddities along the way, notably including legogiraffepenis.com and legoporn.com.
Yet Lego does not appear to have the most UDRP cases under its belt. I believe that honor may go to AOL, which has filed at least 277 cases over the last decade.

1 Comment Tagged: lego, melbourne it dbs, Microsoft, udrp, wipo

If 41% of .co is parked, how many domains will expire today?

Today is the one-year anniversary of the .co top-level domain entering general availability.
As you may recall, .co got off to a flying start, selling about 100,000 names in its first half hour and over 200,000 registrations during its first day.
The question is: how many of those domains will start expiring today and drop over the next few months?
A recent HosterStats survey, from June 1, apparently found that approximately 41% of the 593,622 .co domains it was able to detect were presumed parked.
The survey was not exhaustive, as .CO Internet reports over one million registered .co domains today, and HosterStats acknowledged that its breakdown may differ from the actual numbers.
Still, the data suggests that .co is likely just as heavily speculated as other TLDs, and that some short-term speculators will let their domains expire over the coming days and weeks.
HosterStats’ John McCormac wrote in a comment on an earlier DI post:

What typically happens just after a Landrush anniversary is that the percentage of PPC in a new TLD falls as many speculative domains that could not be flipped or monetised are dropped. The developed websites percentage increases but getting development started in a new TLD is a slow process and takes a few years.

Of course, .CO Internet is all about encouraging development. It has pumped millions into marketing the TLD as somewhere for entrepreneurs to get a good name for their sites.
But with a substantial base of speculative registrations, it seems inevitable that .CO is going to take a hit today, as the first-wave land-grab begins to die out.
I’m not sure whether this will massively impact the number of domains .CO Internet reports, however.
My estimate is that .co currently stands at over 1.1 million domains. It grew from around 600,000 in late December to one million in May, according to registry publicity.
Even if it starts to lose tens of thousands of speculative domains this week, I don’t think .CO will have to stop saying it has more than a million registrations any time soon.
The company does not publish its exact numbers. Chief executive Juan Calle has stated that he thinks registration volume is a poor metric for judging the “success” of a TLD.
UPDATE: The original version of this article stupidly used the word “drop” quite a lot, when “expire” was the more correct word.

18 Comments Tagged: .co, .co internet, domaining, landrush

Go Daddy and Joan Rivers win .CO awards

The .co registry .CO Internet has announced the winners of its inaugural Bulby Awards, given out to the best .co sites.
Key registrar partner Go Daddy won an award (for x.co), as did the companies’ joint Super Bowl spokesmodel Joan Rivers (for joan.co).
Go Daddy’s Bulby was for the Best Use Of A Single Letter Domain. It beat Twitter (t.co) and Overstock (o.co). Rivers beat the singer Charlotte Church for Best Personal Site.
Sociable.co beat domain blogger Elliot Silver (bahamas.co) to the Best Content award.
The winners were tallied up from votes submitted online, .CO said. The results can be found here.
Afilias does something similar for .info domains every year, but its awards have cash prizes.

Comment Tagged: .co, .co internet, go daddy, joan rivers