.xxx domains go live

Click here: icmregistry.xxx, then come back.
That’s right. After ICM Registry’s almost 11 years of campaigning, and almost $20 million in legal and other expenses, .xxx domain names are actually live in the domain name system.
ICANN, IANA, the US government and VeriSign, in that order, have all agreed to delegate the internet’s newest gTLD, and the first few .xxx domains went live within the last couple hours.
The domains sex.xxx and porn.xxx are now also resolving to placeholder sites. They’re currently “safe for work”, but possibly not for much longer.
IANA has a .xxx page, complete with a lengthy delegation report (in a snazzy new pdf format) that broadly explains the convoluted process ICANN used to ultimately, albeit reluctantly, approve the TLD.

9 Comments Tagged: ICANN, icm registry, ntia, verisign, xxx

Feds seize billion-dollar poker domains

Five domain names associated with online poker sites have been seized by the FBI as part of an investigation that has also seen 11 people indicted.
The principals of PokerStars, Absolute Poker and Full Tilt Poker, along with third-party “payment processors”, stand accused of engaging in a massive money laundering scheme in order to accept billions of dollars of payments from American gamblers in violation of US laws.
The charges carry possible maximum sentences of between five and 30 years in prison, along with substantial monetary fines. Two men have been arrested, a third is due to be arraigned, and the remainder are currently outside of the US, according to a press release (pdf).
The US Attorney for the Southern District of New York said five domain names have been seized by the FBI in connection with the prosecutions.
It’s not yet clear which domains have been seized.
From where I’m sitting in London, absolutepoker.com already shows an FBI warning banner, but pokerstars.com and fulltiltpoker.com both resolve normally. I may be receiving cached DNS data.
Blogger Elliot Silver, sitting behind a resolver on the other side of the pond, reports that ub.com is among the seized domains.
Unlike previous recent seizures, which were carried out by the US Immigration and Customs Enforcement agency, this time the FBI appears to be the responsible agency.
And this time, these aren’t two-bit file-sharing forums or Chinese knock-off merchandise sites, we’re talking about businesses that are perfectly legal in many jurisdictions, clearing billions in revenue.
But according to US Attorney’s charges, the companies carried out an elaborate plan to cover up the sources of their revenue through third parties and phoney bank accounts.
The companies are even alleged to have made multi-million dollar investments in failing banks in order to get them to turn a blind eye to the illicit gambling activities.
It appears that the FBI went straight to the .com registry, VeriSign, as some of the affected domains appear to be registered through UK-based corporate registrar Com Laude.
If you’re wondering whether this is yet another confirmation that all .com domains are subject to US jurisdiction, this is your takeaway sentence, from Manhattan US Attorney Preet Bharara:

Foreign firms that choose to operate in the United States are not free to flout the laws they don’t like simply because they can’t bear to be parted from their profits.

The suits seek $3 billion in allegedly ill-gotten gains to be returned.

7 Comments Tagged: .com, absolute poker, fbi, full tilt poker, pokerstars, seizures, verisign

North Korean domain to change hands

ICANN is set to redelegate .kp, the country-code top-level domain for North Korea, when its board of directors meets next week.
It’s less than four years since .kp was first created. In September 2007, IANA delegated the ccTLD for the first time to the Korea Computer Center, a Pyongyang-backed governmental organization.
The technical side of the registry is currently handled by KCC Europe, a German company, but while some .kp domains still resolve, the official registry web site has been offline for months.
The redelegation is part of the ICANN board’s consent agenda. This means that, barring surprises, it will simply be rubber-stamped with no substantive discussion.
Because ccTLD redelegations are handled in private, we won’t know who the new registry manager is until after the handover happens and the IANA report is published.
In other ccTLD news, ICANN may also create three new internationalized domain name ccTLDs, for Serbia (.срб ), Algeria (الجزائر) and Morroco (المغرب).
Those delegations are part of the board’s regular agenda for its April 21 meeting, and will be discussed.

Comment Tagged: .kp, cctlds, iana, ICANN, idns, north korea

Six short .uk domains sold for $40,000

Nominet has auctioned off six one and two-letter .uk domain names for a total of almost £24,000 ($40,000).
The domains were all sold to trademark holders, for an average of £4,000 ($6,500) each, according to the auction house, NFPAS Auctions.
The domain e.co.uk went to E! Entertainment Television, while u.co.uk was sold to Ubrands.
Of the contested two-letter domains, aa.co.uk was won by American Airlines, presumably beating out other qualified bidders such as the Automobile Association.
Oddly, aa.org.uk went to Andrews & Arnold, an ISP, which already owns aa.net.uk.
Finally, lv.co.uk went to the insurance company Liverpool Victoria, which already owns lv.com, and cc.co.uk went to Country Casuals, a women’s clothing retailer.
A second auction among brand owners, expected to be similarly small, will be held a month from now. The proceeds of both go to the Nominet Trust.
With only a couple hundred single and double character .uk names currently accounted for, hundreds remain for the next stage of the release: landrush.
Nominet plans to announce the details of that phase on Monday.

Comment Tagged: .uk, nominet, short domains

Plug-in works around seized domains

Disgruntled coders have come up with a new Firefox plug-in to help people find piracy web sites after their domain names are seized by the authorities.
MAFIAA-Fire hooks into the browser, checking DNS queries against a list supplied by the developers, to see if the name corresponds to a seized domain.
If it does, the browser is redirected to an approved mirror. If it does not, the DNS query is handled as normal through the browser’s regular resolvers.
The plug-in was created in response to the seizure of domain names alleged to be involved in distributing bootleg movies, music and software.
The US Immigration and Customs Enforcement agency has been sending court-ordered take-down notices to US-based registry operators such as VeriSign for the last several months.
Some sites immediately relocate to top-level domains outside of US jurisdiction. MAFIAA-Fire is designed to make the process of finding these new sites easier.
As the plug-in site acknowledges, if any fraudulent data were to make its way onto its manually-authenticated list of domains, it could cause a security problem for end users.
MAFIAA stands for “Music and Film Industry Association of America”, a corruption of RIAA and MPAA. The “Fire” suffix comes from the fact that fire melts ICE.
The plug-in, which was first reported by TorrentFreak, is hosted at a .com address.

4 Comments Tagged: coica, firefox, ice, mafiaa-fire, piracy, seizures

Nominet gives away 79 more super-short .uk names

Nominet has handed out more single and double-character .uk domain names to holders of intellectual property rights.
The 79 assignments include 4.co.uk, a.co.uk, c.co.uk, j.co.uk and u.co.uk, as well as dozens of two-letter combinations such as bt.org.uk and bq.co.uk.
The domains were given out as the latest stage of Nominet’s roll-out of short domains, to “unregistered rights holders”. Another 99 were assigned to registered rights holders in February.
Where the organization has received more than one application for a domain, it will go to auction, with the proceeds aiding the charitable Nominet Trust.
Nominet says only a “small number” of domains are heading to auction. Whatever remains will be released in a landrush, details of which will be announced on Monday.
Of the domains released so far, o.co.uk, which I previously speculated would go to Overstock, the retailer that recently rebranded as o.co, has not yet been claimed.

3 Comments Tagged: .uk, nominet, overstock

Governments dig in over new TLD objections

World governments have offered to compromise with ICANN on several disagreements relating to the new top-level domains program, but have dug their heels in on others.
ICANN’s Governmental Advisory Committee has finally published its updated “scorecard”, which states its position on the current state of negotiations, some 18 days after it was expected.
The document (pdf) provides the GAC’s response to the ICANN board of directors’ response to the GAC’s original list of objections to the program’s Applicant Guidebook.
Yeah, it’s getting a bit complex.
In the interests of wordcount, I’m going to focus here mainly on the issues where there still appears to be notable conflict.
This is a preliminary analysis.
Controversial TLDs
The GAC doesn’t want any “controversial” strings to be approved as new TLDs. As such, it wants governments to be able to object to any TLD application, for any reason, and without paying to have their objections evaluated by third parties.
ICANN attempted to compromise by saying that it would enable the GAC to provide advice to the board about specific applications within the 45-day comment window after the applications are published.
The GAC doesn’t appear to be satisfied by this, however. While it said it will try to provide advice during that window, it points out that the ICANN bylaws do not put any time limits on GAC advice.
The GAC also wants a separate “early warning system”, whereby the GAC would get at least 60 days, “finishing prior to the Initial Evaluation period”, to submit objections.
The idea is that applicants could withdraw from the process with a substantial refund if they received notice that governments were likely to object to their choice of TLD.
Assuming the GAC expects the warning system to finish before Initial Evaluation begins (rather than ends), this could add two months to the time needed to process applications, currently estimated at eight months for the simplest applications.
Under the current plan in the Applicant Guidebook, after the application window closes, ICANN spends a month privately checking the submissions for completeness. The five-month Initial Evaluation, which encompasses the 45-day open public comment period, immediately follows.
Perhaps aware of the delays its idea could cause, the GAC suggests that “ICANN should pass details of applications to the GAC as soon as they are lodged.”
This seems unworkable.
Most potential applicants have been playing their cards very close to their chests when it comes to the strings they plan to apply for.
The application window is expected to run for 60 to 90 days. If a company’s application were revealed to the GAC towards the beginning of that period, there would be a real risk of that information being leaked to potential competitors in other countries.
If you’re applying for “.baseball” in a selection of foreign languages, do you want competitors in those countries potentially being tipped off about your application while they still have time to prepare a rival bid?
If applicants knew the GAC was to be told about applications and applicants before the window closed, the vast majority of applications would very likely be filed on the very last possible day, defeating the object of early GAC notice.
Another probably unworkable GAC proposition it continues to stand by is the idea that applicants should be allowed to amend their application if they receive notice of a government objection.
This obviously creates a big loophole for gaming, allowing crafty applicants to scope out the competitive landscape before committing to a TLD – you could get dozens of placeholder applications for .porn, to be amended to .puppies or whatever when the inevitable GAC objection arrived.
Trademark Protection
Surprisingly, there’s nothing in the new GAC scorecard that addresses trademark protection concerns. Zip.
Does this mean the GAC and board have settled their differences and reached a consensus? Or does it mean that the most recent discussions have been so lacking in substance that the GAC has nothing to add beyond what it said before San Francisco?
From the new GAC paper, it’s impossible to tell for sure either way, but I will note that it’s refrerred to as a “draft” account of “proposed” responses, which suggests it’s not yet complete.
Registrar-Registry Cross Ownership
ICANN wants to start allowing registries and registrars to “vertically integrate” by executing both functions under the same corporate umbrella.
Concerns about market power and possible anti-competitive behavior would be referred to national competition regulators under some circumstances.
But some GAC members have heard back from their competition ministries, and they’re not buying it:

The Board response is considered insufficient by the colleagues of some GAC members who are responsible for Competition and anti-Trust issues. They have requested that ICANN provide a more reasoned argument as to why they have rejected the GAC’s proposal and why the Board feels that ex-ante measures are less preferable to ex-post measures for minimising problems associated with anti-competitive behavior.

Community TLDs
Currently, the Guidebook allows applicants to voluntarily self-designate as a “community” TLD, which requires community support to be documented.
But it would currently still be possible for a company to, for example, apply for a “.bank” as a regular TLD, showing no support from banks. The onus would be then on banks to object.
The GAC wants to change this, and continues to request that any string purporting to represent a certain set of users should be required to show support for that community:

The GAC’s domestic constituents have a reasonable expectation that applicants for new gTLD strings that clearly suggest they represent specific communities should be required to so indicate in their application and should demonstrate that they have the support of that community or the relevant authorities/entities responsible for that community.

In the absence of such changes, the GAC wants governments to be able to object on behalf of those communities without having to pay for a third-party panel to handle the objection.
The GAC does appear to have given some ground here, responding to ICANN’s concern that introducing a subjective categorization process for TLDs is “inherently problematic”.
The GAC now says that in the absence of special treatment for regulated industries, there should be more stringent vetting for applicants across the board, to prevent crooks getting their hands on a TLD.
Law Enforcement
The GAC wants new TLD registries to be obligated to cooperate with law enforcement agencies, criminal and civil, no matter what the jurisdiction. It wants this text inserted into the Guidebook:

A registry operator must respond in a timely manner to a request concerning any name registered in the TLD from any government agency that is conducting a lawful investigation or official proceeding inquiring into a violation of or failure to comply with any criminal or civil statute or any regulation, rule, or order legally issued pursuant thereto.

The proposal would only require the operator to “respond” to the law enforcement inquiry.
This could imply that, a registry based in the US would have to cooperate with, for example, a German investigation into a domain hosting Nazi memorabilia or a Saudi probe into pornography, and that a Canadian registry would have to cooperate with US authorities investigating sites selling prescription medicine across their mutual border.
Geographic Names
If you’re applying for a TLD representing a geographic region, the GAC would like you to be beholden forever to the governmental entity which backed your bid.
The GAC “insists” that this text be included in new TLD registry contracts:

In the event that the TLD was delegated to Registry Operator pursuant to the consent of a governmental entity to use a geographic name related to the jurisdiction of such governmental entity, the parties agree that, notwithstanding any provision contained in this Agreement, in the event of a dispute between such governmental entity and Registry Operator, ICANN will comply with a legally binding decision in such jurisdiction in favor of such governmental entity related to the TLD.

So if you successfully apply for .alabama, having obtained the support of the Alabama governor, but a subsequent administration wants to hand the TLD to another company for whatever reason, ICANN would have to comply.
If ICANN does not make this a condition of the Guidebook, the GAC expects many governments will not give their consent to any geo-TLD applications under their jurisdiction.
More Delays?
The new GAC advice carries the dateline April 12, which is 18 days later than the ICANN board was expecting it, according to the resolution it passed in San Francisco last month.
If ICANN wishes to strictly stick to the timetable it approved in SF, its staff now have just three days to incorporate the latest advice into the next Guidebook, which is scheduled to be published this Friday.
It’s also pretty clear that the GAC still requires clarification from ICANN on some of the outstanding issues. As well as some areas of agreement, there are several other points of conflict I’ve not explored in this piece.
But this all may not spell doom for the timeline just yet, however. By my reckoning, there’s at least a couple of weeks’ worth of flexibility baked into the schedule.
The Guidebook could, feasibly, still be approved June 20 in Singapore, as ICANN’s leadership hopes.

7 Comments Tagged: applicant guidebook, gac, governmental advisory committee, ICANN, new TLDs

New TLDs make it into election manifesto

Welsh nationalist Plaid Cymru has become possibly the first political party to make getting a new top-level domain an election manifesto promise.
Plaid’s manifesto for the Welsh Assembly elections, published today (pdf), says: “We will continue to support the creation of a Welsh cultural and linguistic internet domain dotCymru.”
One of the party’s core goals is further independence from the UK, so it makes perfect sense for it to throw its weight behind the dotCYM initiative.
Wales is, of course, currently represented under the umbrella of .uk, along with England, Scotland and Northern Ireland.
dotCYM had planned to apply for .cym, but had to change it due to ICANN’s rules that forbid TLDs that match three-letter strings on the ISO 3166 list, on which CYM is reserved for the Cayman Islands.
The word “Cymru” is Welsh for “Wales”, pronounced “cumri”.
(via @antonyvc)

1 Comment Tagged: .cymru, ICANN, new TLDs, plaid cymru

CentralNIC says .la business as usual

CentralNIC, which manages .la as a “city top-level domain” for Los Angeles, says recent moves to “reclaim” the domain for Laos will not affect its offerings.
As I blogged Friday, Laos has recruited Vietnamese experts to help LANIC, the delegated sponsor of .la, bring the registry back to the nation.
According to a press release from Vietnamese registrar Dot VN, LANIC wants to “retrieve and manage the Laotian country code Top Level Domain (ccTLD) .LA”.
But UK-based CentralNIC, which currently manages the registry, seems to disagree with the extent of the transition. A company spokesperson provided this statement:

We saw this [Dot VN] press release and understand it relates to work in the Lao PDR with LANIC assisting them on their Lao IDN and the development of a server in Laos for the release of the second level domain extensions, such as .com.la, .edu.la, .gov.la – which are reserved specifically by LANIC to serve the Lao people.
LA Registry works under a mandate from LANIC to develop the .LA address outside the Lao PDR and will continue to do so.

The Dot VN press release does not refer to Laotian IDNs or third-level domains. Nor does any coverage I’ve found elsewhere. Dot VN did not respond to a request for comment.
According to this presentation (pdf), LANIC was planning “to move the ccTLD dot la primary server and registry data base to Lao PDR” as recently as last June.

3 Comments Tagged: .la, centralnic, dot vn, lanic, laos, vnnic

VeriSign to offer different prices to different registrars?

VeriSign may be able to offer differential pricing for .net domain names under the just-published draft .net registry contract.
The current .net agreement expires at the end of June, but VeriSign has a presumptive right of renewal.
The newly negotiated contract has a new “Special Programs” clause would enable VeriSign to offer pricing incentives to registrars in “underserved geographies” not available to other registrars.
Here’s the meat of the paragraph:

Registry Operator may for the purpose of supporting the development of the Internet in underserved geographies provide training, technical support, marketing or incentive programs based on the unique needs of registrars located in such geographies to such registrars, so long as Registry Operator does not treat similarly situated registrars differently or apply such programs arbitrarily. Registry Operator may implement such programs with respect to registrars within a specific geographic region, provided, that (i) such region is defined broadly enough to allow multiple registrars to participate and (ii) such programs do not favor any registrar in which Registry Operator may have an ownership interest over other similarly situated registrars within the same region.

Later, the part of the contract that limits VeriSign’s registry fee and requires uniform pricing among all registrars has been amended to specifically exclude these special programs.
The contract does seem to envisage differential registrar pricing, within certain geographic parameters, perhaps enabling VeriSign to stimulate growth in low-penetration markets.
It’s probably too early to speculate, given that we don’t know what incentives VeriSign has in mind, but it’s not difficult to imagine a scenario where particularly attractive pricing could cause a bunch of shell companies to emerge in, say, Africa or Asia.
For now, the provision would only apply to .net domains, but VeriSign has been known to use .com as a venue for dry runs of services it wants to offer in .com. The .com contract is up for renewal next year.
The proposed .net contract (pdf) contains a number of other changes (pdf), some of which mirror language found in other registry contracts, some of which are new.
There’s a provision for VeriSign to be able to “prevent” the registration of certain names, such as those that would have led to the Conficker worm spreading, in order to protect the security of the internet.
Some of the things that have not changed are also quite interesting.
With ICANN’s recent “vertical integration” decision, which will allow registries and registrars to own each other, you’d think the .net contract renegotiation would be the perfect opportunity for VeriSign to signal its intentions to get into the registrar business, as Neustar already has.
But it has not. The contract contains the same prohibitions on cross ownership as the earlier version.
And as Domain Name Wire noted, the new contract would allow VeriSign to continue to increase its prices by 10% every year until 2017.
That could lead to a maximum of about $9 per domain per year, including ICANN fees, by the time the deal is next up for renewal, if VeriSign exercised the option every year.
There’s an ICANN public comment period, open until May 10.

6 Comments Tagged: .net, ICANN, verisign