Cash-for-gold site seizes “sucks” domain

An Arizona cash-for-gold company has successful recovered a “sucks” domain name via UDRP, after it emerged that the anonymous gripe site was actually run by a competitor.
Valley Goldmine filed the UDRP complaint against the domain valleygoldminesucks.com back in August. As I reported, the contested domain contained a mere two blog posts, both dating to May 2009.
Up until about a month ago, the registrant’s identity was protected by Go Daddy’s privacy service.
But Valley Goldmine used a subpoena to identify the actual registrant, and it turned out to be the operator of Gold Stash For Cash, a direct competitor, which does business at goldstash.com.
The site was created after a local TV news report had ranked Valley Goldmine higher than GSFC in an “investigation” into cash-for-gold companies. The blog posts, ironically, attacked the report’s objectivity.
Despite precedent largely protecting “sucks” domains on free speech grounds, this was enough for WIPO panelist Maxim Waldbaum to find against the registrant on all three requirements of the UDRP.
Interestingly, Waldbaum used the fact that the domain satisfied the “bad faith” part of the UDRP to justify the “confusingly similar” criterion.

The associated website has high placement on search engine results for the Mark and is operated by the principal of a direct competitor of Complainant. Respondent’s use of the Disputed Domain Name in this context is precisely within the list of bad faith criteria under paragraph 4(b) of the Policy, which, in this Panel’s view, clearly indicates Respondent’s intent to create confusing similarity in the minds of Internet users.

The fact that GSFC stood to benefit financially from anonymously bad-mouthing its competitor clearly over-rode any free speech concerns, which does not seem unreasonable.
The panelist concluded:

Although cloaked in the mantle of a gripe site, Respondent’s website is quite clearly a platform for Respondent to cast aspersions on the reliability of a report that portrayed his company in a negative light and his competitor in a positive light, and to otherwise sling mud.

Amusingly, while GSFC appears to own goldstashforcashsucks.com, a third party owns goldstashsucks.com.

1 Comment Tagged: gold stash for cash, udrp, valley goldmine, wipo

DNSSEC to kill the ISP wildcard?

Comcast is to switch off its Domain Helper service, which captures DNS error traffic and presents surfers with sponsored search results instead, as part of its DNSSEC implementation.
The ISP said yesterday that it has started to roll out the new security mechanism to its production DNS servers across the US and expects to have all customers using DNSSEC by the “early part of 2011”.
The deployment will come in two phases. The first phase, expected to last 60 days, sees DNSSEC turned on for subscribers who have previously opted out of the Domain Helper system.
After that, Comcast will continue the rollout to all of its customers, which will involve killing off the Domain Helper service for good.
As the company says in its FAQ:

# We believe that the web error redirection function of Comcast Domain Helper is technically incompatible with DNSSEC.
# Comcast has always known this and plans to turn off such redirection when DNSSEC is fully implemented.
# The production network DNSSEC servers do not have Comcast Domain Helper’s DNS redirect functionality enabled.

When web users try to visit a non-existent domain, DNS normally supplies a “does-not-exist” reply. Over recent years it has become increasingly common for ISPs to intercept this response and show users a monetized search page instead.
But DNSSEC introduces new anti-spoofing features that require such responses to be cryptographically signed. This, it seems, means ISPs will no longer be able to intercept and monetize error traffic without interfering with the end-to-end functionality of DNSSEC.
Comcast, which has been trialing the technology with volunteers for most of the year, says that to do so “breaks the chain of trust critical to proper DNSSEC validation functionality”.
It looks like it’s the beginning of the end of the ISP error wildcard. That’s got to be a good thing, right?

1 Comment Tagged: comcast, DNSSEC

Law firm launches new TLD service

The law firm Crowell & Moring has launched a practice dedicated to helping companies apply for – and sue other applicants for – new top-level domains.
The company also said today it has hired Bart Lieben, the Brussels-based lawyer who probably has more recent experience launching new TLDs than most others in his field.
Crowell says it will offer these services:

* gTLD Assessment Services
o Feasibility study and strategic advice for brand owners and others prior to filing an application
* gTLD Application Services
o Preparation and filing of ‘New gTLD’ applications
* gTLD Litigation
o Against other applicants during and after the application process
o Against third parties opposing an application
* gTLD Launch and Implementation Assistance
o On-going assistance, post filing and execution of ICANN contract by applicant

With the new TLD round looking like a near certainty for 2011, there’s money to be made in consulting, and it’s hardly surprising that the lawyers are moving in.
World Trademark Review reported earlier this month that Hogan Lovells has become the first such firm to gain ICANN registrar accreditation in an effort to help its clients navigate new TLDs.
The new Crowell unit is being headed by Brussels-based Flip Petillion (an occasional WIPO panelist on UDRP cases) and Washington, DC-based John Stewart.
New hire Lieben has previously helped with the launches of .mobi and .tel. He was involved heavily with .CO Internet’s sunrise, and is currently helping GMO Registry and .SO Registry with the forthcoming .so launch.

6 Comments Tagged: bart lieben, crowell & moring, ICANN, new TLDs

WordPress.com becomes a domain name registrar

Automattic, the company behind the WordPress.com blogging service, appears to have been granted an ICANN registrar accreditation, which would allow it to start selling domain names direct to its users.
The development seems to put a question mark next to the company’s reseller relationship with Go Daddy subsidiaries Wild West Domains and Domains By Proxy.
Currently, WordPress.com allows users to buy domain names and map them to their wordpress.com blog directly through their blog’s interface. The company charges $17 a year, with optional privacy.
It’s my understanding that the company currently acts as a Wild West Domains reseller, with the privacy protection service offered by Domains By Proxy. Both are Go Daddy companies.
Recently, WordPress.com started offering an Offsite Redirect service, enabling users to bounce visitors to example.wordpress.com to example.com after they’ve switched hosts.
Go Daddy used this as an opportunity to encourage WordPress.com users to migrate to its own hosting service in this blog post.
Automattic showed up on ICANN’s list of accredited registrars IDs yesterday, suggesting that it will not be long before it is also on the official list of accredited registrars.

20 Comments Tagged: accreditation, automattic, domains by proxy, go daddy, ICANN, wild west domains, wordpress.com

Next new TLD guidebook due early November

The next version of ICANN’s Applicant Guidebook for wannabe new top-level domain registries could be published as early as the first week of November, and it could be proposed as the “final” draft.
In a note to the GNSO Council’s mailing list yesterday, ICANN senior vice president Kurt Pritz wrote:

There is a Board meeting on the 28th with new gTLDs as an agenda item, and right around that time, maybe a week later, the work on the Guidebook will be wrapped. Those two events will indicate both a Board and staff intent on whether to propose the Guidebook version as final.

In order for a 30-day public comment period to be completed prior to the start of ICANN’s meeting in Cartagena, Colombia, the Guidebook would have to be published before November 5.
That said, version four of the DAG had a 60-day comment period (and ICANN staff have yet to publish a summary and analysis of those comments three months after it closed).
As I’ve previously blogged, outstanding issues include humdingers such as the cross-ownership of registrar/registry functions, and the objections procedure formerly known as “morality and public order”.

8 Comments Tagged: applicant guidebook, dag, ICANN, kurt pritz, mopo. rec6, new TLDs, vertical integration

IPv4 depletion “imminent”

The pool of IPv4 address space available to regional internet registries will likely expire in “early 2011”, according to the Number Resource Organization.
ICANN/IANA said today that it has allocated two more /8 blocks of IPv4, approximately 33.5 million addresses, to APNIC, the Asia-Pacific RIR.
This means there are only 12 /8 blocks left, about 5% of the total allowable addresses under IPv4.
Under IANA’s rules, the final five /8s will all be allocated at the same time, one to each of the five RIRs. So there are only seven left to be handed out under the normal process.
The NRO followed up ICANN’s blog post with a press release stressing the importance of adopting IPv6. From the release (my emphasis):

“This is a major milestone in the life of the Internet, and means that allocation of the last blocks of IPv4 to the RIRs is imminent,” states Axel Pawlik, Chairman of the Number Resource Organization (NRO), the official representative of the five RIRs. “It is critical that all Internet stakeholders take definitive action now to ensure the timely adoption of IPv6.”
…
According to current depletion rates, the last five IPv4 address blocks will be allocated to the RIRs in early 2011. The pressure to adopt IPv6 is mounting. Many worry that without adequate preparation and action, there will be a chaotic scramble for IPv6, which could increase Internet costs and threaten the stability and security of the global network.

There’s a danger that things could start getting messy over the next couple of years, as the RIRs themselves start running out of IPv4 and network managers worldwide start discovering their IPv6 capabilities are not up to scratch.

4 Comments Tagged: apnic, iana, ICANN, ipv4, ipv6, nro, number resource organization

Iran’s Arabic domain choice approved

Iran’s choice of Arabic-script top-level domain has passed the string approval stage of ICANN’s internationalized domain name process, making a delegation likely before long.
The manager of Iran’s existing Latin-script ccTLD, .ir, applied for ایران and ايران, which mean “Iran” in Persian. The two look identical to me, so I’m assuming they just use different Unicode code points.
In Punycode, the two strings are .xn--mgba3a4f16a and .xn--mgba3a4fra. Both have been given the stamp of approval, meaning Iran will now have to apply to IANA for delegation.
According to ICANN, there are currently 18 IDN ccTLD strings approved and awaiting delegation, belonging to Iran, India, Saudi Arabia, Qatar, Singapore, Syria and Taiwan.
Some of these countries, such as Saudi Arabia and Taiwan, already have IDNs live in the DNS root, but also have multiple backup variants that have been approved but not yet delegated.
So far, of the 33 strings that have been applied for, only two have been rejected. One of those was Bulgaria’s .бг, which was considered too confusingly similar to Brazil’s .br.

2 Comments Tagged: bulgaria, cctlds, fast track, ICANN, idns, iran

Will ITU object to phone number .tel domains?

Should Telnic be allowed to let people register their phone numbers as .tel domain names?
That’s the question ICANN is currently posing to the internet-using public, after it determined that allowing numeric-only .tel domains does not pose a security and stability threat.
If you can register a phone number in almost every other gTLD (except VeriSign’s .name), then why not in .tel? On the face of it, it’s a no-brainer.
But Telnic’s request represents a huge U-turn, reversing a position it has held for 10 years, that runs the risk of drawing the attention of the International Telecommunications Union.
Telnic originally applied for .tel during ICANN’s very first new gTLD round, back in 2000.
The third-party evaluator ICANN hired to review the new TLD applications clearly assumed that .tel domains would be mainly text-based, noting that Telnic, unlike other .tel bids:

does not make use of phone numbers in the sub-domain name, but instead uses names to designate the intended destination of VoIP calls… the Telnic application appears to have the least impact on PSTN numbering.

The report added, parenthetically: “It should be noted that Telnic’s application does not explicitly renounce the future use of numbers”.
That all changed after November 2000, when the ITU wrote to ICANN to express concerns about the four proposed telephony-related TLDs:

it is the view of ITU that it would be premature for ICANN to grant any E.164-related TLD application as this may jeopardize these cooperative activities or prejudice future DNS IP Telephony addressing requirements.

E.164 is the international telephone numbering plan, which the ITU oversees. It also forms the basis of the ENUM protocol, which stores phone numbers in the DNS under e164.arpa.
ICANN’s board of directors used the ITU letter to reject all four telephony TLDs, which irked Telnic. The would-be registry filed a Reconsideration Request in an attempt to get the decision reversed.
In it, Telnic attempted to persuade ICANN that the ITU had nothing to worry about with its “text-based” and strictly non-numeric TLD. The company wrote (my emphasis):

* All-digit strings will be permanently embargoed.
* Broad terms and conditions and safeguards will be implemented covering any abuses that could possibly lead to any PSTN confusion, conflict or similarity.
* Measured use of numbers might be permissible where there is no direct, marginal, implied or similar confusions/conflicts with PSTN codes or numbers – and where digits form an incidental part of a text string (e.g. johnsmith11.tel).

ICANN’s reconsideration committee denied the request.
In 2004, when ICANN’s sponsored TLD round opened up, Telnic applied for .tel again. This time, it was careful to avoid upsetting the ITU from the very outset.
Indeed, the second paragraph of its application stated clearly:

Digits are to be restricted to maintain the integrity of a letters/words based top-level domain and to avoid interference with established or future national and international telephone numbering plans.

The application referred to the namespace as “text-based” throughout, and even used the need for policies regulating the use of digits to justify the sponsoring organization it intended to create.
The application stated:

The .Tel will not:
…
Allow numeric-only domains to be registered, and therefore will not conflict with any national or international telephone numbering plan.

It also said:

Domain name strings containing only digits with or without a dash (e.g. 08001234567, 0-800-1234567) will be restricted and reserved to maintain the integrity as a letters/words based top-level domain

Despite these assurances, it was obvious that the ITU’s concerns about numeric .tel domains continued to bother ICANN right up until it finally approved .tel in 2006.
During the board meeting at which Telnic’s contract was approved, director Raimundo Beca pressed for the inclusion of language that addressed the constraints on numeric domains and chair Vint Cerf asked general counsel John Jeffrey to amend the resolution accordingly.
While that amendment appears to have never been made, it was clearly envisaged at the moment of the board vote that .tel was to steer clear of numeric-only domains.
Telnic’s contract now specifically excludes such registrations.
Given all this history, one might now argue that Telnic’s request to lift these restrictions is kind of a Big Deal.
A Telnic spokesperson tells me that, among other things, the current restrictions unfairly exclude companies that brand themselves with their phone numbers, such as 118-118 in the UK.
He added that Telnic request has been made now in part because VeriSign has requested the lifting of similar restrictions in .name, which ICANN has also concluded is not a stability problem.
However, as far as I can tell .name was not subject to the same kinds of ITU-related concerns as .tel when it was approved in 2000.
Telnic proposes one safeguard against conflict with E.164, in that it will not allow the registration of single-digit domains, reducing the potential for confusion with ENUM strings, which separate each digit with a dot.
If the ITU does rear its head in response to the current .tel public comment period, it will come at a awkward time, politically. Some ITU members have said recently they want the ITU to form a committee that would have veto power over ICANN’s decisions.
But Telnic says, in its proposal, that it does not know of anybody who is likely to object to its request.
Perhaps it is correct.

1 Comment Tagged: .name, .tel, ICANN, international telecommunications union, itu, new gTLDs, telnic, verisign

Go Daddy files for business community patents

Go Daddy has applied for three US patents covering an “Online Business Community” that looks a bit like a social network for small businesses.
The patents describe a web site that enables companies and potential customers to interact through forums, community groups and ratings systems, as well as advertising, buying and selling.
In the applications, Go Daddy says it had noticed that:

presently-existing methods of conducting online business, however, do not permit businesses and potential customers alike to interact in one place to share business-related resources; advertise, buy, and sell goods and services; interact; hold discussions; and network.

The patents, if granted, would cover such a service.
While most or all of the features outlined in the applications can be found individually in other Go Daddy products, I don’t think the company currently has a service that combines them all in the way described by the patents. Go Daddy Marketplace probably comes closest.
The applications appear to cover the creation of ad hoc business communities, for example, as well as the formation of “partnerships” between members such as suppliers and customers.
They also appear to account for communication between members using technologies such as instant messaging or voice over IP, and for members to rate each other for trustworthiness.
The three applications, 20100262686, 20100262629 and 20100262502, were filed in June and published today.

Comment Tagged: go daddy, patents

ICANN rejects porn domain info request

ICANN has turned down a request from porn trade group the Free Speech Coalition for more information about the .xxx top-level domain application, including a list of its pre-registrations.
The organization sent a letter (pdf) to the FSC’s director Diane Duke last week, saying that the materials it requested about ICM Registry and IFFOR, its sponsorship body, are confidential.
This would make the information exempt from ICANN’s Documentary Information Disclosure Policy.
The FSC had specifically requested:

1. The list of the IFFOR Board members;
2. The list of proposed members of the Policy Council;
3. IFFOR’s Business Plan/Financials;
4. Business Plan/Financials Years 1‐5 utilizing 125,000 Initial Registrations;
5. The list of .XXX sTLD pre-registrants who have been identified to ICANN; and
6. ICM’s Proof of Sponsorship Community Support as submitted to ICANN.

According to ICANN, ICM was asked if it would like to lift the confidentiality restrictions and ICM did not respond.
The FSC believes that many of .xxx’s 180,000+ pre-registrations are defensive in nature, made by pornographers who would really prefer that the TLD is never approved, which ICM disputes.

3 Comments Tagged: didp, free speech coalition, ICANN, icm registry, iffor, xxx