Another victory for Amazon as ICANN rejects Colombian appeal

Amazon’s application for .amazon has moved another step closer to reality, after ICANN yesterday voted to reject an appeal from the Colombian government.
The ICANN board of directors voted unanimously, with two conflict-related abstentions, to adopt the recommendation of its Board Accountability Mechanisms Committee, which apparently states that ICANN did nothing wrong when it decided back in May to move .amazon towards delegation.
Neither the board resolution nor the BAMC recommendation has been published yet, but the audio recording of the board’s brief vote on Colombia’s Request for Reconsideration yesterday can be found here.
As you will recall, Colombia and the seven other governmental members of the Amazon Cooperation Treaty Organization have been trying to stymie Amazon’s application for .amazon on what you might call cultural appropriation grounds.
ACTO governments think they have the better right to the string, and they’ve been trying to get veto power over .amazon’s registry policies, something Amazon has been strongly resisting.
Amazon has instead offered a set of contractual Public Interest Commitments, such as giving ACTO the ability to block culturally sensitive strings, in the hope of calming the governments’ concerns.
These PICs, along with Amazon’s request for Spec 13 dot-brand status, will likely be published for 30 days of public comment this week, Global Domains Division head Cyrus Namazi told the board.
Expect fireworks.
After comments are closed, ICANN will then make any tweaks to the PICs that are necessary, before moving forward to contract-signing with Amazon, Namazi .said.

Why you should never let a pizza joint apply for your billion-dollar dot-brand

A multi-billion dollar telecoms company has lost its two dot-brand gTLDs after apparently hiring a failed pizza restaurant to manage them.
For reals.
Several times a year, my friends at other domain news blogs will post cautionary tales about companies losing their domains after falling out with the consultant or developer who originally registered the names on their behalf.
I believe this story is the first example of the same thing happening at the top level, with two valuable dot-brand gTLDs.
It concerns the Saudi Arabian telco Etihad Etisalat, which does business as Mobily. It’s publicly traded, with millions of subscribers and 2018 revenue of the equivalent of $3.14 billion.
The two gTLDs we’re concerned with are .mobily and موبايلي. (.xn--mgbb9fbpob), the Arabic version of the brand.
Back in 2012, a Bahrain company called GreenTech Consultancy Company applied for both of these TLDs. The applications made it explicit that they were to be single-registrant dot-brands to be used by Mobily.
Quite what the relationship between Mobily and GreenTech was — if there even was one — isn’t particularly clear.
GreenTech’s shareholders were Anwar Ahmed and Asma Malik, two Pakistani nationals living in Bahrain, according to Bahrain business records.
Its web site is an laughable mess of broken English, shameful grammar, irrelevant and impenetrable technobabble (much of which appears verbatim on several other South Asian tech companies’ web sites), and a suggestion that the company is primarily in the business of selling satellite modems.
The site just stinks of bogosity. It looks like a dirt-cheap developer threw the site together during his lunch break for beer money.
Bahrain company records show that GreenTech shared a registration with a company called Greentech Pizzeria Restaurant. Same two directors, same address, same company number.
The consultancy company was formed in February 2012 — during the ICANN application window — and the pizza joint opened a bit over a year later.
Why a multi-billion dollar telecommunications company would entrust its brands to these guys, if that is in fact what happened, is a bit of a mystery.
From information that has recently emerged, which I’ll get to shortly, it appears that the true applicant was a Los Angeles-based gTLD consultancy called WiseDots, which in 2011 was co-founded by recently departed ICANN CFO Kevin Wilson and Herman Collins.
WiseDots employees Collins, Wael Nasr and Alan Bair were all at some point listed as primary or secondary contacts for the two applications, as was domain lawyer Mike Rodenbaugh of Rodenbaugh Law.
Wilson left WiseDots in May 2012 and rejoined three years later as CEO after a stint at Donuts. He’s currently listed as the Admin contact for both Mobily gTLDs in the IANA records.
It appears that Mobily signed a letter of intent with WiseDots on April 9, 2012, just three days before the ICANN application window closed, and that was later formalized into a contract in 2014, six months before GreenTech signed its contracts with ICANN.
Both applications made it through ICANN’s evaluation process with apparently no trouble — there were no objections on trademark or any other grounds — and the Registry Agreements were signed in December 2014.
It’s worth noting that neither contract contains Specification 13, which is required for a registry to operate as a dot-brand. If you want to run a dot-brand, you have to show ICANN that you own a trademark matching the string you’ve applied for.
GreenTech did actually submit requests for Spec 13 approval (pdf) — a week after the contracts were already signed — but at a later date both were either withdrawn or rejected by ICANN for reasons unknown.
Both requests include what appear to be scans of Saudi trademark certificates, but they’re both in Arabic and I’ve no idea who they’re assigned to. Presumably, Mobily, which may explain why GreenTech couldn’t get its Spec 13.
After the contracts were signed, it took exactly one full year — the maximum delay permitted by ICANN — before they were delegated and entered the DNS root.
A year after that, in December 2016, ICANN whacked GreenTech with a breach-of-contract notice (pdf), after the company apparently failed to pay its ICANN fees.
The fees had been “past due” for at least six months. It seems quite possible GreenTech had never paid its fees after delegation.
The breach was later escalated to termination, and the two parties entered mediation.
According to Nasr, in a letter to ICANN, Mobily had promised to pay the ICANN fees, but had reneged on its promise, causing the breach.
The issue was resolved, with GreenTech apparently agreeing to some “confidential” terms with ICANN, in November 2017.
It has now transpired, from Nasr’s letter and attached confidential joint-venture agreement, that GreenTech, WiseDots, Collins, Ahmad, Nasr and yet another consultant — an Egyptian named Ahmed El Oteify, apparently with Varkon Group — made a pact in August 2016 whereby the two gTLDs would be transferred into the control of a new jointly owned Bahrain company to be called MobileDots WLL, which in turn would be owned by a new jointly owned Delaware company called MobileDots LLC.
The TLD contracts would then be transferred to Mobily, according to Nasr.
“GreenTech and the two Mobiledots companies were intended to be intermediate conduits for the future transfer of the two Mobily licenses to Mobily as their eventual Registered Operator,” he wrote.
“At no point in time was GreenTech ever contemplated as the true operator of the ‘Mobily’ gTLD licenses. Indeed, GreenTech ran a defunct pizza restaurant, and was long ago de-registered by the Bahraini government for its numerous payments and filing defaults,” he wrote.
The Delaware company was created, but there does not appear to be an official record of the Bahrain company being formed.
According to Nasr, after Mobily stopped paying its ICANN dues the joint venture partners fell out with each other over how to finance the registries. This led to GreenTech asking ICANN to terminate its contracts, which I blogged about in May.
As is customary when a brand registry self-terminates, ICANN made a preliminary decision not to transfer the GreenTech contracts to a third party and opened it up to public comments.
Nasr’s letter is the first example of anyone ever actually using that public comment opportunity.
He argued that because of the JV agreement, ICANN should instead transfer .mobily and the Arabic version to MobileDots.
ICANN declined, saying “it is not within the remit of ICANN org to transfer the TLDs to a specific successor Registry Operator (such as Mobiledots L.L.C., as Mr. Nasr requests) through this termination process”.
As a further twist in the tale, on August 23 this year, just four days before the contract terminations were due to become effective, GreenTech withdrew its requests for reasons unknown.
But it seems ICANN has had enough.
Last Thursday, it told GreenTech (Wilson and Ahmed) that it is terminating its registry contracts anyway, “invoking certain provisions set forth in the previously agreed-upon confidential terms between ICANN org and GreenTech”.
Its termination notices do not reveal what these “confidential terms” are.
But, given that GreenTech stopped existing as a legal entity in February (according to Bahrain company records) it appears it would have been on fairly solid grounds to terminate anyway.
ICANN’s decision is not open for comment this time around, and IANA has been asked to delete both TLDs from the root as soon as possible.
The upshot of all this is that a massive Saudi telco has lost both of the dot-brands it may or may not have wanted, and a whole mess of gTLD consultants appear to be out of pocket.
And the moral of this story?
Damned if I know. Something to do with pizzas, probably.

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.

.amazon frozen AGAIN as endless government games continue

Amazon’s application for the .amazon gTLD has yet again been frozen, after a South American government invoked ICANN’s appeals process.
The bid, as well as applications for the Chinese and Japanese versions, were returned to “on-hold” status at the weekend, after Colombia filed a formal Request for Reconsideration, an ICANN spokesperson confirmed to DI.
“The processing toward contracting of the .AMAZON applications has been halted pending the resolution of Request 19-1, per ICANN organization’s normal processes,” the spokesperson said.
This means the applications could remain frozen for 135 days, until late October, while ICANN processes the request. It’s something that has happened several times with other contested gTLDs.
Colombia filed RfR 19-1 (pdf) on June 15. It demands that ICANN reverses its board’s decision of May 15, which handed Amazon a seemingly decisive victory in its long-running battle with the eight governments of the Amazon Cooperation Treaty Organization.
ACTO’s members believe they should have policy control over .amazon, to protect the interests of their citizens who live in the region they share.
To win an RfR — something that hardly ever happens — a complainant has to show that the ICANN board failed to consider pertinent information before it passed a resolution.
In Colombia’s case, it argues that the board ignored an April 7 letter (since published in PDF format here) its Governmental Advisory Committee representative sent that raises some interesting questions about how Amazon proposes to operate its TLDs.
Because .amazon is meant to be a highly restricted “dot-brand” gTLD, it would presumably have to incorporate Specification 13 into its ICANN registry agreements.
Spec 13 releases dot-brands from commitments to registrar competition and trademark protection in exchange for a commitment that only the brand itself will be able to own domains in the TLD.
But Colombia points out that Amazon’s proposal (pdf) to protect ACTO governments’ interests would give the eight countries and ACTO itself “beneficial ownership” over a single domain each (believed to be names such as co.amazon, .br.amazon, etc).
If this means that Amazon would not qualify for Spec 13, it could follow that ICANN’s board made its decision to continue processing .amazon on faulty assumptions, Colombia argues.
Colombia points to the case of .sas, a dot-brand that is apparently shared by two companies that have the same brand, as a possible model for shared management of .amazon.
RfRs are handled by ICANN’s Board Accountability Mechanisms Committee.
BAMC took just a couple of days to rule out (pdf) Colombia’s request for “urgent reconsideration”, which would reduce its regular response time from 90 days to 7 days.
The committee said that because the .amazon applications were being placed back on-hold as part of normal procedure during consideration of an RfR, no harm could come to Colombia that would warrant “urgent” reconsideration.
According to ICANN’s spokesperson, under its bylaws the latest the board can respond to Colombia’s request is October 28.
At a GAC session at the ICANN 65 meeting in Marrakech, taking place right now, several ACTO governments have just spent over an hour firmly and publicly protesting ICANN’s actions surrounding .amazon.
They’re still talking as I hit “publish” on this post.
In a nutshell, they believe that ICANN has ignored GAC advice and reneged on its commitment to help Amazon and ACTO reach a “mutually acceptable solution”.

Brand kills off gTLD that is actually being USED

Two more companies have told ICANN they’ve changed their minds about running a dot-brand gTLD, including the first example of a TLD that is actually in use.
Dun & Bradstreet has said it no longer wishes to launch .duns, and Australian insurance company iSelect has had enough of .iselect.
Both companies filed to voluntarily terminate their ICANN registry agreements in March, and ICANN published its preliminary decision to allow them to do so this week.
While business data provider D&B never got around to using .duns, .iselect has had dozens of active domains for years.
The company started putting domains in its zone file about three years ago and had over 90 registered names at the last count, with about a dozen indexed by Google. That’s a quite a lot for a dot-brand.
It is using domains such as home.iselect, news.iselect and careers.iselect as redirects to parts of its main corporate site, while domains such as gas.iselect, creditcards.iselect and health.iselect send customers to specific product pages.
They all redirect to its main iselect.com.au site. There are no web sites as far as I can tell that keep visitors in the .iselect realm.
I’m pretty certain this is the first example of a voluntary contract termination by a dot-brand that is actually in active use.
There have been 52 such terminations to date, including these two latest ones, almost all of which have been dot-brands that never got out of the barn door.
That’s over 10% of the dot-brands that were delegated from the 2012 gTLD application round.

These 27 companies have ditched the .com for their dot-brand

Earlier today, I listed what I believe might be the top 10 dot-brand gTLDs with the most active web sites, but noted that it was probably a rubbish way to gauge the success of the dot-brand concept.
As a follow-up, I thought I’d figure out which brands have taken the bold step of ditching the .com and made their dot-brand their primary web destination.
I found 27 TLDs, which is simultaneously not a lot and easily twice as many as I was expecting.
The most-popular second-level string was “home”, with 12 examples. The string “global” occurs five times on the list.
I did this research manually with Google and a list of 275 dot-brands — anything with Spec 13 in its contract and more than two domains in its zone file — culled from my database.
To get on this list, at least one of the following had to be true:

• The dot-brand was the top hit on Google when searching for the brand in question.
• The .com redirects to the dot-brand.

Sometimes I had to factor out Google’s enormously irritating habit of localizing results, which would prioritize a .uk domain, particularly in the case of automotive brands.
On a few occasions, if I could not be certain whether the “official” primary site was in a ccTLD or the dot-brand, I used the brand’s Wikipedia page as a tie-breaker.
Some entries on the list may be a bit debatable.
I’m not sure whether .barclays should be there, for example. There’s little doubt in my mind that barclays.co.uk is the site that the majority of Barclays’ banking customers use, but barclays.com redirects visitors to home.barclays, so it fits my criteria.
In general, I’ve erred on the side of caution. If the top search result was for the brand’s .com, it was immediately ruled out, no matter how enthusiastic a dot-brand user the company otherwise appeared to be.
Here’s the list. Please let me know if you think I’ve missed any.
[table id=57 /]
Twenty-seven gTLDs is not a great many, of course, considering that some dot-brands have been delegated for half a decade already.
It’s about half as many as have already torn up their ICANN registry agreements, and it represents less than 6% of the new gTLDs that my database says have Spec 13 in their contracts.
But I reiterate that this is not a list of companies using their dot-brands but rather of those apparently putting their .com firmly in the back seat to their dot-brand.

These are the 10 most-used dot-brands

This article was deleted October 1, 2019 after numerous errors were discovered.

Four presidents slam .amazon decision

The leaders of four of the eight governments of the Amazon region of South America have formally condemned ICANN’s decision to move ahead with the .amazon gTLD.
In a joint statement over the weekend, the presidents of Peru, Colombia, Ecuador and Bolivia, said they have agreed to “to join efforts to protect the interests of our countries related to geographical or cultural names and the right to cultural identity of indigenous peoples”.
These four countries comprise the Andean Community, an economic cooperation group covering the nations through which the Andes pass, which has just concluded a summit on a broad range of issues.
The presidents said they have “deep concerns” about ICANN’s decision to proceed towards delegating .amazon to Amazon the company, over the objections of the eight-nation Amazon Cooperation Treaty Organization.
ICANN is “setting a serious precedent by prioritizing private commercial interests over public policy considerations of the States, such as the rights of indigenous peoples and the preservation of the Amazon in favor of humanity and against global warming”, they said (via Google Translate).
ACTO had been prepared to agree to Amazon running .amazon, but it wanted effective veto power on the TLD’s policy-setting committee and a number of other concessions that Amazon thought would interfere with its commercial interests.
As it stands, Amazon has offered to block thousands of culturally sensitive domains and to give the ACTO nations a minority voice in its policy-making activities.
ICANN will soon open these proposed commitments to public comment, and will likely decide to put .amazon into the root not too long thereafter.

Dot-brand .bond has been acquired and will relaunch as a generic this July

The domain name’s Bond, dot Bond… or something.
Sorry.
ShortDot, the registry behind the .icu top-level domain, has acquired a dot-brand gTLD and plans to repurpose it as a generic.
The seller is Bond University, a newish, smallish university in Queensland, Australia, and the gTLD is .bond.
ShortDot co-founder Kevin Kopas confirmed the deal to DI tonight, and said the new owner hopes .bond will prove attractive to bail bondsmen, offerers of financial bonds and, yes, fans of the James Bond franchise.
There’s also the dictionary meaning of “bonding” with somebody in a familial, friendly or business sense.
A new Bond movie is due to come out next April, so .bond might pick up a few regs then, assuming the registry is careful not to too closely associate itself with the heavily-guarded IP.
Kopas said that the current plan is to launch a 60-day sunrise period July 9 this year. ShortDot is currently working on unbranding the TLD within its ICANN contract, to allow it to sell to an unrestricted audience.
Premium domains will be offered with premium renewal fees.
ShortDot also plans to move away from Neustar’s back-end to CentralNic.
Bond University never actually used its TLD, which would have been a single-registrant space for its own exclusive use. It’s been dormant since its 2014 delegation, with just a single placeholder domain in its zone file.
There are plenty of those. About 50 owners of unused dot-brands have chosen to terminate their ICANN contracts and simply fizzle away to nothing.
But a small handful of others have chosen to instead sell their contracts to registries that think they can make a bit of money marketing them as generic strings.
The most obvious example of this to date would be .monster, which XYZ.com recently relaunched as a quirky open generic after the jobs site Monster.com decided it didn’t need a dot-brand after all. It’s been on sale for about a month and has about 1,750 names in its zone file.
The first example, I believe, was .observer, which Top Level Spectrum acquired from the Observer newspaper in 2016. That TLD went on sale two years ago but has fewer than 1,000 domains under management today.
Kopas said that the plan is to sell .bond names for between $5 and $10 wholesale.
“Overall the goal of ShortDot is to offer domains that are affordable for end users and profitable for registrars,” he said.
It’s only the company’s second TLD. The first was .icu, which it bought from One.com (which hadn’t really used it) and relaunched in May 2018.
Since then, it’s grown extremely rapidly and is currently the eighth-largest new gTLD by zone file volume.
It had over 765,000 domains in its zone today, up from basically nothing a year ago, no doubt largely due to its incredibly low prices.
Before AlpNames died, it was selling .icu names to Chinese customers for the yuan equivalent of just $0.50.
Today, the domain is available from NameCheap and NameSilo, its two largest registrars, for about $1.50.
Remarkably, spam fighters haven’t highlighted much to be concerned about in .icu yet.
The TLD has a 6.4% “badness” rating with SpamHaus, roughly the same as the similarly sized MMX offering .vip, which is also popular in China, and lower than .com itself.
Compare to .loan, which has a bit over a million names and which SpamHaus gives a 28.7% “bad” score.
In other words, .icu seems to be doing very well, volume-wise, without yet attracting huge amounts of abuse.
It’s a neat trick, if you can pull it off. But is the success repeatable? I guess we’ll find out with .bond when it launches.

Dead dot-brands hit 50

Two more dot-brands are on their way out, bringing the total to fall on their swords to date to a nice round 50.
Both of the new departures appear to be brands belonging to the Saudi telecommunications company Etihad Etisalat, which does business as Mobily and has annual revenue approaching $1.8 billion.
The gTLDs in question are .mobily and موبايلي., the Arabic version of the brand, which sits in the root as .xn--mgbb9fbpob.
As is usual in cases of dot-brand self-termination, neither TLD had actually been put to any use beyond the obligatory nic. site.
Despite Mobily being based in Saudi Arabia, the registry is actually a Bahrain company, Greentech Consulting, apparently being run by a US-based new gTLD consultancy called WiseDots.
I’ve never heard of this outfit or its point man before today and its social media activity seems to have dried up shortly after the new gTLD application window closed in 2012.
The registry was hit by a breach of contract notice in December 2016 after it apparently forgot to pay its ICANN fees for a while, but it managed to resolve the issue without further action.