America has Amazon’s back in gTLD fight at ICANN 66

The United States looks set to stand in the way of government attempts to further delay Amazon’s application for .amazon.
The US Governmental Advisory Committee representative, Vernita Harris, said today that the US “does not support further GAC advice on the .amazon issue” and that ICANN is well within its rights to move forward with Amazon’s controversial gTLD applications.
She spoke after a lengthy intervention from Brazilian rep Ambassador Achilles Zaluar Neto, who said South American nations view the contested string as their “birthright” and said ICANN is allowing Amazon “to run roughshod over the concerns and the cultural heritage of eight nations and tens of millions of people”.
It was the opening exchange in would could prove to be a fractious war of words at ICANN 66 in Montreal, which formally opens tomorrow.
The .amazon applications have been controversial because the eight countries in the Amazon Cooperation Treaty Organization believe their unwritten cultural rights to the word outweigh Amazon’s trademark rights.
Forced to the negotiating table by ICANN last year, the two sides each posed their own sets of ideas about how the gTLD could be managed in such a way as to protect culturally sensitive terms at the second-level, and taking ACTO’s views into account.
But an ICANN-imposed deadline for talks to conclude in April was missed, largely as a result of the ongoing Venezuela crisis, which caused friction between the ACTO governments.
But today, Brazil said that ACTO is ready and willing to get back to the negotiating table asked that ICANN reopen these talks with an impartial mediator at the helm.
As things stand, Amazon is poised to get .amazon approved with a bunch of Public Interest Commitments in its registry contract that were written by Amazon without ACTO’s input.
Neto said that he believed a “win-win” deal could be found, which “would provide a positive impetus for internet governance instead of discrediting it”. He threatened to raise the issue at the Internet Governance Forum next month.
ICANN’s failure to reopen talks “would set a bad precedent and reflect badly on the current state of internet governance, including its ability to establish a balance between private interests and public policy concerns”, he said
But the US rallied to Amazon’s defense. Harris said:

The United States does not support further GAC advice on the .amazon issue. Any further questions from the GAC to the Board on this matter we believe is unwarranted… We are unaware of any international consensus that recognizes inherent governmental rights and geographic names. Discussions regarding protections of geographic names is the responsibility of other forums and therefore should be discussed and those relevant and appropriate forums. Contrary to statements made by others, it is the position of the United States that the Board’s various decisions authorizing ICANN to move forward with processing the.application are consistent with all relevant GAC advice. The United States therefore does not support further intervention that effectively works to prevent or delay the delegation of .amazon and we believe we are not supportive and we do not believe that it’s required.

This is a bit of a reversal from the US position in 2013.
Back then, the GAC wanted to issue consensus advice that ICANN should reject .amazon, but the US, protecting one of its largest companies, stood in the way of full consensus until, in the wake of the Snowden revelations, the US decided instead to abstain, apparently to appease an increasingly angry Brazil.
It was that decision that opened the door to the six more years of legal wrangling and delay that .amazon has been subject to.
With the US statement today, it seems that the GAC will be unlikely to be able to issue strong, full-consensus advice that will delay .amazon further, when it drafts its Montreal communique later in the week.
The only other GAC member speaking today to support the US position was Israel, whose rep said “since it is an ongoing issue for seven years, we don’t believe that there is a need for further delay”.
Several government reps — from China, Switzerland, Portugal, Belgium and the European Commission — spoke in favor of Brazil’s view that ICANN should allow ACTO and Amazon back to the negotiating table.
The GAC is almost certain to say something about .amazon in its communique, due to drop Wednesday, but the ICANN board of directors does not currently have an Amazon-related item on its Montreal agenda.
UPDATE: The originally published version of this story incorrectly identified the US GAC representative as Ashley Heineman, who is listed on the GAC’s web site as the US representative. In fact, the speaker was Vernita Harris, acting associate administrator at the US National Telecommunications and Information Administration. Had I been watching the meeting, rather that just listening to it, this would have been readily apparent to me. My apologies to Ms Heineman and Ms Harris for the error.

The Amazon is burning. Is this good news for .amazon?

With the tide of international opinion turning against Brazil due to the ongoing forest fires in the Amazon, could we see governments change their tune when it comes to Amazon’s application for .amazon?
A much higher number of forest fires than usual are currently burning in the region, largely in Brazil, which critics led by environmentalists and French president Emmanuel Macron have blamed on relaxed “slash and burn” farming policies introduced by new Brazilian president Jair Bolsonaro.
The rain forest is an important carbon sink, said to provide 20% of the world’s oxygen. The more of it is lost, the harder it is to tackle climate change, the argument goes.
It’s been an important topic at the Macro-hosted G7 summit, which ends today. Even the bloody Pope has weighed in.
Arguably, the stakes are nothing less than the survival of human civilization and life on Earth itself.
And this is a story about domain names. Sorry. This is a blog about domain names. My hands are tied.
Amazon the company has been fighting governments over its application for .amazon, along with the Chinese and Japanese translations, for over six years.
ICANN’s Governmental Advisory Committee was responsible for killing off .amazon in 2013 after it decided by consensus that Amazon’s application should not proceed.
That decision was only reached after the US, under the Obama administration, decided to abstain from discussions.
The US had been protecting Amazon by blocking GAC consensus, but changed its tune partly in order to throw a bone to world leaders, including then-president of Brazil Dilma Rousseff, who were outraged by CIA analyst Edward Snowden’s revelations of widespread US digital espionage.
After ICANN dutifully followed the GAC advice and rejected Amazon’s gTLD applications, Amazon appealed via the Independent Review Process and, in 2017, won.
The IRP panel ruled that the GAC’s objection had no clear grounding in public policy that could be gleaned from the record. It told ICANN to re-open the applications and evaluate them objectively.
Ever since then, the GAC’s advice to ICANN has been that it must “facilitate a mutually acceptable solution” between Amazon and the eight nations of the Amazon Cooperation Treaty Organization.
ICANN has been doing just that, or at least attempting to, for the last couple of years.
But the two parties failed to come to an agreement. ACTO wants to have essential veto power over Amazon’s use of .amazon, whereas Amazon is only prepared to offer lists of protected names, a minority position in any policy-setting body, and some sweeteners.
In May this year, ICANN’s board of directors voted to move .amazon along towards delegation, noting that there was “no public policy reason” why it should not.
In June, the government of Colombia filed a Request for Reconsideration with ICANN, demanding it reevaluate that decision.
The RfR was considered by ICANN’s Board Accountability Measures Committee at its meeting August 14, but its recommendation has not yet been published. I’m expecting it to be posted this week.
There’s still opportunity for the GAC to cause mischief, or act as a further delay on .amazon, but will it, in light of some country’s outrage over Brazil’s policy over the rain forest?
One could argue that if the nation that has the largest chunk of Amazon within its borders seems to have little regard to its international importance, why should its claim to ownership of the string “amazon” get priority over a big brand that has offered to protect culturally significant words and phrases?
Remember, as the example of the US in 2012/13 shows us, it only takes one government to block a GAC consensus. If Brazil or Peru continue to pursue their anti-Amazon path, could France throw a spanner in the works, smoothing .amazon’s road to delegation?
Anything’s possible, I suppose, but my feeling is that most governments back ACTO’s position largely because they’re worried that they could find themselves in a similar position of having to fight off an application for a “geographic” string in the next gTLD application round.

Brazil dancing around four million reg milestone

The Brazilian ccTLD, .br, last week topped four million registrations for the first time, then promptly dropped back below the milestone.
The TLD was at 4,000,260 domains on Monday September 24, prompting a press release from Nic.br, dropping back below four mill the next day, then hit 4,002,574 this Monday.
The TLD stands at 3,996,604 today, according to statistics Nic.br publishes on its web site.
It’s taken about six years to grow from three million names. The leap from two million to three million took about two and a half years.
Brazil operates on a three-level structure, with dozens of second-level domain options available to registrants.
The large majority of registered names — 3,645,073 — are in the .com.br space.

Will ICANN punt on .amazon again?

Amazon is piling pressure onto ICANN to finally approve its five-year-old gTLD applications for .amazon, but it seems to me the e-commerce giant will have a while to wait yet.
The company sent a letter to ICANN leadership this week calling on it to act quickly on the July ruling of an Independent Review Process panel that found ICANN had breached its own bylaws when it rejected the .amazon and and Chinese and Japanese transliterations.
Amazon’s letter said:

Such action is necessary because there is no sovereign right under international or national law to the name “Amazon,” because there are no well-founded and substantiated public policy reasons to block our Applications, because we are committed to using the TLDs in a respectful manner, and because the Board should respect the IRP accountability mechanism.

ICANN had denied the three applications based on nothing more than the consensus advice of its Governmental Advisory Committee, which had been swayed by the arguments of primarily Brazil and Peru that there were public policy reasons to keep the gTLD available for possible future use by its own peoples.
The string “Amazon”, among its many uses, is of course the name of a river and a rain forest that covers much of the South American continent.
But the IRP panel decided that the ICANN board should have at least required the GAC to explain its public policy arguments, rather than just accepting its advice as a mandate from on-high.
Global Domains Division chief Akram Atallah had testified before the panel that consensus GAC advice sets a bar “too high for the Board to say no.”
But the governmental objections “do not appear to be based on well-founded public policy concerns that justify the denial of the applications” the IRP panelists wrote.
The panel, in a 2-to-1 ruling, instructed ICANN to reopen Amazon’s applications.
Since the July ruling, ICANN’s board has not discussed how to proceed, but it seems likely that the matter will come up at its Montevideo, Uruguay retreat later this month.
No agenda for this meeting has yet been published, but there will be an unprecedented public webcast of the full formal board meeting, September 23.
The Amazon letter specifically asks the ICANN board of directors to not refer the .amazon matter back to the GAC for further advice, but I think that’s probably the most likely outcome.
I say this largely because while ICANN’s bylaws specifically allow it to reject GAC advice, it has cravenly avoided such a confrontation for most of its history.
It has on occasion even willfully misinterpreted GAC advice in order to appear that it has accepted it when it has not.
The GAC, compliantly, regularly provides pieces of advice that its leaders have acknowledged are deliberately vague and open to interpretation (for a reason best known to the politicians themselves).
It seems to me the most likely next step in the .amazon case is for the board to ask the GAC to reaffirm or reconsider its objection, giving the committee the chance to save face — and avoid a lengthy mediation process — by providing the board with something less than a consensus objection.
If ICANN were to do this, my feeling is that the GAC at large would probably be minded to stick to its guns.
But it only takes one government to voice opposition to advice for it to lose its “consensus” status, making it politically much easier for ICANN to ignore.
Hypothetically, the US government could return to its somewhat protectionist pre-2014 position of blocking consensus on .amazon, but that might risk fanning the flames of anti-US sentiment.
While the US no longer has its unique role in overseeing ICANN’s IANA function, it still acts as the jurisdictional overlord for the legal organization, which some other governments still hate.
A less confrontational approach might be to abstain and to allow friendly third-party governments to roadblock consensus, perhaps by emphasizing the importance of ICANN being seen to accountable in the post-transition world.
Anyway, this is just my gut premonition on how this could play out, based on the track records of ICANN and the GAC.
If ICANN can be relied on for anything, it’s to never make a decision on something today if it can be put off until tomorrow.

Chehade talks up split from US oversight

ICANN CEO Fadi Chehade used his keynote address at the newdomains.org conference this morning to discuss his plans to divorce the organization from US governmental oversight.
With a split from the US recurring theme in his recent speeches, Chehade nevertheless warned that there were risks that such a move could create a dangerous governance vacuum.
“The current ICANN contract that gives the US government a unique role in the root management function is not sustainable,” he said. “It’s just not sustainable.”
That seems to be a reference to the IANA contract, in which the US has essentially a veto on ICANN’s decisions regarding root zone changes such as new gTLD delegations.
“I think we need to think together how we grow from that and how we globalize that contract,” he said. “But we need to be very careful about creating a vacuum or uninteded consequences that would destabilize the root of the internet.”
While Chehade noted that a split from the US has always been envisaged, he said that the revelations about US internet surveillance made by NSA defector Edward Snowden has provided a catalyst to speed it up.
When Brazilian president Dilma Rousseff recently called for a “multilateral” (read: inter-governmental, (read: ITU)) approach to internet governance, Chehade and an ICANN team traveled to Brazil to persuade her to instead focus on the creation of a “multistakeholder” model instead.
There’s now a “coalition” of the “I*” groups (ICANN, IETF, etc), big-name companies such as Disney, and governments such as Brazil, focused on creating multistakeholder solutions to problems — such as spam and cyber-bullying — that are not in ICANN’s purview Chehade said.
There’s a multistakeholder meeting planned for April or May next year (I’ve heard both dates), to be hosted by Brazil, that will look at internet governance post-Snowden.
This meeting is about “allowing ICANN to not expand its remit”, according to Chehade. He said: “We don’t want to expand our remit.”
What we seem to be looking at here is the creation for a new organization, of which ICANN could be a member, that will allow stakeholders to coordinate responses to tricky cross-border internet problems.
While ICANN seems to be taking the leading role in its creation, it doesn’t sound like ICANN is trying to get into issues beyond naming and addressing, judging by Chehade’s speech this morning
Chehade also talked up ICANN’s support for the domain name industry.
He admitted that ICANN has caused a lot of problems for new gTLD applicants over the course of the gTLD program, but promised that this will change, with ICANN taking a more “background” role.
“You need less risk and more stability from the ICANN side,” he said. “You have suffered for a long time from a lot of instability, a lot of unknowns.”
Increased automation, internationlization and professionalism from ICANN will serve this goal, he said.
ICANN’s compliance department, he added, should “not be the policeman for the industry but be customer service for the registrants”, he said.

Bulgaria to file ICANN reconsideration appeal over rejected IDN ccTLD

Bulgaria is to appeal ICANN’s rejection of .бг, the Cyrillic version of its existing country code top-level domain, .bg.
Technology minister Alexander Tsvetkov said that the Bulgarian government will file a reconsideration request with ICANN, according to a DarikNews.bg interview.
The requested IDN ccTLD .бг was rejected because it looks quite a bit like Brazil’s existing ASCII ccTLD, .br, which could create confusion for Brazilians.
ICANN/IANA does not talk openly about ccTLD delegation issues. As far as I know, .бг is the only IDN ccTLD on the current fast-track program to be rejected on string-similarity grounds.
The Darik News interview, via Google Translate, reports Tsvetkov saying he “believes that this domain is the best way for Bulgaria” and that the government “will ask for reconsideration”.
Asked about the clash with Brazil, he said Bulgaria “will not quit” in its pursuit of its first-choice ccTLD.
Brazil has not been silent on the issue.
During the meeting on Tuesday between the ICANN board and its Governmental Advisory Committee, Brazil’s representative praised ICANN for rejecting .бг:

Brazil would like to express its support to the recent board’s decision about avoiding graphic similitude between new country codes and current country codes in Latin. This is particularly important inasmuch as any graphic confusion might facilitate phishing practices and all the problems related to it.

Many thanks to the Bulgarian reader who referred me to this Darik News interview.
For any other Bulgarians reading this, the interview also appears to contain lots of other really juicy information not related to domain names. Check it out.

ICANN’s Sword algorithm fails Bulgarian IDN test

ICANN has released version 4 of its new TLD Draft Applicant Guidebook (more on that later) and it still contains references to the controversial “Sword” algorithm.
As I’ve previously reported, this algorithm is designed to compare two strings for visual similarity to help prevent potentially confusing new TLDs being added to the root.
The DAG v4 contains the new text:

The algorithm supports the common characters in Arabic, Chinese, Cyrillic, Devanagari, Greek, Japanese, Korean, and Latin scripts. It can also compare strings in different scripts to each other.

So I thought I’d check how highly the internationalized domain name .бг, the Cyrillic version of Bulgaria’s .bg ccTLD, scores.
As you may recall, .бг was rejected by ICANN two weeks ago due to its visual similarity to .br, Brazil’s ccTLD. As far as I know, it’s the only TLD to date that has been rejected on these grounds.
Plugging “бг” into Sword returns 24 strings that score over 30 out of 100 for similarity. Some, such as “bf” and “bt”, score over 70.
Brazil’s .br is not one of them.
Using the tool to compare “бг” directly to “br” returns a score of 26. That’s a lower score than strings such as “biz” and “org”.
I should note that the Sword web page is ambiguous about whether it is capable of comparing Cyrillic strings to Latin strings, but the new language in the DAG certainly suggests that it is.