Amazon tells power-hungry governments to get stuffed

Amazon has rejected attempts by South American governments to make the would-be gTLD .amazon “jointly owned”.
In a letter to ICANN last week, Amazon VP of public policy Brian Huseman finally publicly revealed the price Amazon is willing to pay for its dot-brand, but said members of the Amazon Cooperation Treaty Organization are asking for way too much power.
It turns out three of ACTO’s eight national government members have proposed solutions to the current impasse, but Amazon has had to reject them all for commercial and security reasons. Huseman wrote (pdf):

Some member states require that we jointly own and manage the .AMAZON TLDs. Some require that we give the member states advance notice and veto authority over all domain names that we want to register and use—for both trademarked terms as well as generic words. Some suggest a Governance Committee can work only if it has governance that outweighs Amazon’s voice (i.e. the Governance Committee has a representative from one of each of the eight member states, while Amazon has one); and some want to use .AMAZON for their own commercial purposes.

From Huseman’s description, it sounds like the ACTO nations basically want majority control (at least in terms of policy) of .amazon and the Chinese and Japanese translations, applications for which have been essentially frozen by ICANN for years.
Huseman told ICANN that Amazon cannot comply.
If the company were to give eight South American governments advanced notice and veto power over .amazon domains it planned to register, it would make it virtually impossible to contain its business secrets prior to the launch of new services, he said.
The governments also want the right to block certain unspecified generic strings, unrelated to the Amazon region, he wrote. Amazon can’t allow that, because its range of businesses is broad and it may want to use those domains for its own commercial purposes.
Amazon has offered to block up to 1,500 strings per TLD that “represent the culture and heritage of the Amazonia region”.
Nine .amazon domains would be set aside for actual usage, one for ACTO and one each for its members, “that have primary and well-recognized significance to the culture and heritage of the region”, but they’d have to use those domains non-commercially.
The proposal seems to envisage that the countries would select their two-letter country code as their freebie domain. Brazil could get br.amazon, for example.
They could also select the names of Amazonian indigenous peoples’ groups or “the specific terms OTCA, culture, heritage, forest, river, and rainforest, in English, Dutch, Portuguese, and Spanish.”
They would not to be allowed to use third-level domains, other than “www”.
The governments would have up to two years to populate the list of 1,500 banned terms. The strings would have to have the same “culture and heritage” nexus, and Amazon would get veto power over whether the proposed strings actually meet that test.
As the whole policy would be enshrined as a Public Interest Commitment in the .amazon registry contract with ICANN, ACTO members would be able to protest such rejections using the PIC Dispute Resolution Policy.
Amazon would also get veto power over the content of the web sites at the domains used by the governments. They’d have to be basically static sites, and all user-generated content would be strictly verboten.
It’s a power struggle, with little evident common ground once you get down into the details, and it’s likely going to be up to ICANN to decide whether Amazon’s proposal is sufficient to overrule the ACTO and Governmental Advisory Committee concerns.
ICANN had set a deadline of April 21 to receive the proposal. The timetable it has previously set out would see its board of directors make a decision (or punt it back to Amazon) at the Marrakech public meeting in late June.
However, board chair Cherine Chalaby has told ACTO that if it wants to negotiate a joint proposal with Amazon, it can still do so. ICANN would need to receive this revised proposal by June 7, he said.

KPMG dumps .com for dot-brand gTLD

KPMG has become the latest company to dump its .com domain in favor of its dot-brand gTLD.
The company recently announced that it is now using home.kpmg as its primary web site domain, replacing kpmg.com.
The migration appears to be complete already. URLs on the old .com address now bounce users to the equivalent page on .kpmg. Web searches for KPMG return the .kpmg domain as the top hit.
KPMG said in a press release:

The move enhances the KPMG brand through a strong, simplified name, and provides end users with a level of assurance that any site that ends with .kpmg is owned and operated by KPMG.
Since the top level domain can only be used by KPMG, visitors to sites that use the new top level domain can easily confirm its authenticity and be assured that the information they contain is reliable and secure.

The company said that it is the first of the “Big Four” professional services firms to make the switch.
This is technically correct. Rival Deloitte uses several .deloitte domains, but it has not bit the bullet and migrated from its .com.
Of the other two, Ernst & Young does not have a dot-brand, and PricewaterhouseCoopers does not use its .pwc extension beyond a single experimental domain that redirects to pwc.com.
KPMG had revenue just shy of $29 billion last year and is one of the most recognizable brands in the corporate world.

Neustar loses most of its Amazon back-end biz to Nominet

Amazon has switched two thirds of its large portfolio of new gTLDs over to Nominet’s back-end registry services, replacing Neustar.
Judging by changes to IANA records this week, Amazon has moved 35 gTLDs to Nominet, leaving 17 at Neustar.
A Neustar spokesperson confirmed the changes, telling DI:

in an effort to diversify their back-end support, Amazon has chosen to move some, but not all, of their TLDs to another provider. Neustar will still manage multiple Amazon TLDs after the transition and we look forward to our continued partnership.

The switch more than doubles Nominet’s number of TLDs under management. Its biggest customer to date was MMX, which pushed 20 of its TLDs to the .uk registry in a restructuring a few years ago.
The Amazon loss, and a few others recently, also mean that Neustar is by my back-of-the-envelope calculation no longer the largest back-end when measured by the number of TLDs under management.
Those bragging rights would go to Donuts, which self-manages its own rather large portfolio of 241 TLDs. Neustar would remain the largest provider in terms of service provided to third-party clients.
The Neustar-to-Nominet technical migration appears to have kicked off a couple of weeks ago and emerged Wednesday when Nominet’s Technical Contact information replaced Neustar’s in most of Amazon’s IANA records.
Customers will not have noticed, because the TLDs in question barely have any customers.
The only one of the 35 affected TLDs with any registrations at all is .moi, which has just a couple hundred domains in its zone.
The other affected TLDs, none of which have launched, are: .moi, .yamaxun, .author, .book, .buy, .call, .circle, .fast, .got, .jot, .joy, .like, .pin, .read, .room, .safe, .smile, .tushu, .wanggou, .spot, .tunes, .you, .talk, .audible, .deal, .fire, .now, .kindle, .silk, .save, .hot, .pay, .secure, .wow and .free.
The TLDs remaining with Neustar are: .bot, .zero, .ポイント, .書籍, .クラウド, .ストア, .セール, .coupon, .zappos, .ファッション, .食品, .song, .家電, .aws, .imdb, .prime, and .通販.
Six of the TLDs staying with Neustar have launched, but only one, .bot, has more than 100 registrations.
.bot is a tightly restricted, experimental space currently in a long-term “limited registration period” which is not due to end until next January. It has around 1,500 names in its zone file.
Four of Amazon’s dot-brands are staying with Neustar, which is probably the most enthusiastic cheerleader for dot-brands out there, and four are going to Nominet.
Neustar appears to be keeping all of Amazon’s internationalized domain names. Nominet currently manages no IDNs.
How important the adjustment is from a dollar perspective would rather depend on what the per-domain component of the deals were, and whether Amazon ever plans to actually make its gTLDs commercially available.
In recent weeks, XYZ.com also moved its recently acquired .baby gTLD from Neustar, where it had been an unused dot-brand, to preferred provider CentralNic, while .kred and .ceo, both under the same ownership, also switched to CentralNic.

Italian bank is the latest dot-brand to bow out

Banca Nazionale del Lavoro, Italy’s sixth-largest bank, has become the latest new gTLD owner to tell ICANN it no longer wishes to run its dot-brand.
It’s the 47th new gTLD to request termination of its registry contract. The affected TLD is .bnl.
ICANN has already decided not to transition the contract to a new owner, as usual.
Also as usual, the gTLD has never been used above and beyond the obligatory nic. site.
What makes this termination somewhat noteworthy is that BNL is a subsidiary of French bank BNP Paribas, which is one of the most enthusiastic dot-brand owners out there.
BNP Paribas dumped its .fr and .net domains in favor of its domains under .bnpparibas back in 2015 and currently has roughly 250 domains in its zone file and dozens of live sites.
The domain mabanque.bnpparibas, used for its French retail banking services, was for some time a top 10 most-visited new gTLD domain names, per Alexa rankings, but that has slipped as new gTLDs’ popularity have increased overall.

Another dot-brand bites the dust

Honeywell International, a $40-billion-a-year US conglomerate, has become the last major company to dump its dot-brand gTLD.
The company informed ICANN in February that it no longer wishes to run .honeywell, and ICANN yesterday published its preliminary decision not to transition the TLD to a new owner.
Honeywell never used .honeywell, which has been in the DNS root since June 2016, beyond the contractually mandated placeholder at nic.honeywell.
It becomes the 46th new gTLD registry to request a termination since 2015. Almost all have been dot-brands.
The company’s request is open for public comment until April 14. To date, there have been no public comments on any voluntary registry termination.
Honeywell is involved in the aerospace, building and consumer goods sectors. It has 130,000 employees and reported revenue of $40.5 billion for 2018.
It’s the first new gTLD termination request of 2019.

ICANN plays tough over Amazon dot-brands

ICANN has given Amazon and the governments of the Amazon Cooperation Treaty Organization less than a month to sort out their long-running dispute over the .amazon gTLD.
The organization’s board of directors voted on Sunday to give ACTO and the e-commerce leviathan until April 7 to get their shit together or risk not getting what they want.
But both parties are going to have to come to an agreement without ICANN’s help, with the board noting that it “does not think that any further facilitation efforts by ICANN org will be fruitful”.
Attempts by ICANN to meet with ACTO over the last several months have been agreed to and then cancelled by ACTO on at least two separate occasions.
The eight ACTO governments think the string “Amazon” more rightfully belongs to them, due to it being the English name for the rain forest region they share.
Amazon the company has promised to safeguard culturally sensitive terms in .amazon, to assist with future efforts to secure .amazonas or similar for the Amazonian peoples, and to donate services and devices to the nations concerned.
Now, the two parties are going to have to bilaterally decide whether this deal is enough, whether it should be sweetened or rejected outright.
If they can’t come to a deal by ICANN’s deadline (which could be extended if Amazon and ACTO both ask for more time), ICANN will base its decision on whether to approve .amazon based on how Amazon unilaterally proposes to address ACTO’s concerns.
While a rejection of the .amazon application is still on the table, my read is that this is a bigger win for Amazon than it is for ACTO.

After ICANN knockback, Amazon countries agree to .amazon talks

Talks that could lead to Amazon finally getting its long-sought .amazon gTLD are back on, after a dispute between ICANN and eight South American governments.
The Amazon Cooperation Treaty Organization last week invited ICANN CEO Goran Marby to meet ACTO members in Brasilia, any day next week.
It’s not clear whether Amazon representatives have also been invited.
The outreach came despite, or possibly because of, ICANN’s recent rejection of an ACTO demand that the .amazon gTLD applications be returned to their old “Will Not Proceed” status.
In rejecting ACTO’s Request for Reconsideration, ICANN’s board of directors had stressed that putting .amazon back in the evaluation stream was necessary in order to negotiate contractual concessions that would benefit ACTO.
Amazon is said to have agreed to some Public Interest Commitments that ACTO would be able to enforce via ICANN’s PIC Dispute Resolution Process.
The e-commerce giant is also known to have offered ACTO cultural safeguards and financial sweeteners.
ACTO’s decision to return to the negotiating table may have been made politically less uncomfortable due to a recent change in its leadership.
Secretary-general Jacqueline Mendoza, who had held the pen on a series of hard-line letters to Marby, was in January replaced by Bolivian politician Alexandra Moreira after her three-year term naturally came to an end.
ICANN’s board has said it will look at .amazon again at its meetings in Kobe, Japan, in March.

Governments blast ICANN over Amazon gTLDs

ICANN seems to have found itself in the center of a diplomatic crisis, after eight South American governments strongly denied they approve of Amazon being given the .amazon gTLD.

The Amazon Cooperation Treaty Organization, along with the government of Brazil, blasted ICANN CEO Goran Marby for multiple alleged “untrue, misleading, unfortunate and biased statements”, in a December 7 letter  (pdf) published yesterday.

ACTO claims that ICANN was “premature” and “ill-informed” when its board of directors un-rejected Amazon’s gTLD applications in an October resolution.

In bruising terms, the letter goes on to criticize Marby for failing to set up promised talks between ACTO and Amazon and then characterizing “informal” conversations with Brazil’s Governmental Advisory Committee rep as if they represented ACTO’s collective view.

It’s just about as harsh a critique of ICANN management by governments I’ve read.

Amazon, the retailer, has been trying to get .amazon, along with transliterations in Chinese and Japanese scripts, since 2012.

Its applications were rejected — technically, placed in “Will Not Proceed” status — after GAC advice in July 2013. The advice was full-consensus, the strongest type, after the lone holdout, the United States, at the time trying to win support for the IANA transition, bowed out.

The advice came because the ACTO countries believe “Amazon” is a geographic string that belongs to them.

But Amazon filed an Independent Review Process appeal with ICANN, which it won last year.

The IRP panel declared that the GAC advice was built on shaky, opaque foundations and that the committee should not have a blanket “veto” over new gTLD applications.

ICANN has ever since been trying to figure out a way to comply with the IRP ruling while at the same time appeasing the GAC and the ACTO countries.

The GAC gave it a little wriggle room a year ago when it issued advice that ICANN should “continue facilitating negotiations between the [ACTO] member states and the Amazon corporation”.

ICANN took this to mean that its earlier advice to reject the bids had been superseded, and set about trying to get Amazon and ACTO to come to an agreement.

Amazon, for its part, has offered ACTO nations a suite of cultural protections, an offer to support future applications for .amazonia or similar, and $5 million worth of products and services, including free Kindle devices.

It has also offered to bake a collection of Public Interest Commitments — these have never been published — into its registry contract, which would enable ACTO governments to bring compliance actions against the company in future. 

That proposal was made in February, and ICANN has supposed to have been facilitating talks ever since.

According to a timeline provided by Marby, in a November letter (pdf) to ACTO secretary general Jacqueline Mendoza, ICANN has been working in this facilitation role since November 2017.

Problem is, at almost every step of the way it’s been dealing with Brazilian GAC rep Benedicto Filho, rather than with Mendoza herself, apparently on the assumption that when he made noises favorable to the Amazon proposal he was speaking for ACTO. 

And that’s not the case, according to Mendoza and Filho, in the newly published letters.

Whatever input Filho had was in the context of “informal and general conversations in which it was repeatedly and clearly indicated that no country had any mandate to negotiate on behalf of the other members of ACTO”, Mendoza wrote.

Filho himself goes on to accuse Marby of several “gross misrepresentation[s]” and “flagrant inaccuracies”, in an increasingly strident set of three emails forward by Mendoza to Marby.

He claims that he informed Marby every step of the way that he was not authorized to speak on behalf of ACTO, and that the idea he was involved in “obscure and secret negotiations” is “offensive”.

It seems that either one or both men is bullshitting about the extent to which Filho represented himself as an ACTO rep, or there has been a genuine breakdown of communication. For want of any definitive evidence, it seems fair to give them both the benefit of the doubt for now.

The situation as it stands now is that ACTO has called off planned peace talks with Amazon, facilitated by Marby, and has filed a Request for Reconsideration in an attempt to overturn the ICANN board’s October resolution.

Mendoza says ACTO will not engage in talks concerning .amazon until this request has been processed. 

So the fate of .amazon now lies with ICANN’s Board Accountability Mechanisms Committee, which is responsible for rejecting processing reconsideration requests. The test is usually whether the requester has brought new information to light that was not available when the board made its decision.

BAMC can either figure out a way to accept the request and put .amazon back in its “Will Not Proceed” status, smoothing out the path to negotiations (re)opening but placing Amazon back in indefinite limbo, or it can reject it and risk ACTO walking away completely.

It’s a tricky spot to be in, and no mistake.

Amazon countries fighting back against .amazon gTLD

When ICANN’s board of directors voted in late October to let Amazon have its controversial .amazon gTLD, it was not entirely clear what governments in the Amazon region of South America thought about it.
Now, it is: they’re pissed.
The governments of the Amazon Cooperation Treaty Organization have cancelled planned peace talks with the retailer and ICANN boss Goran Marby and have filed an appeal against the board’s decision.
It even seems that the negotiations — aimed at obtaining ACTO’s blessing by stuffing the .amazon registry agreement with cultural safeguards and augmenting it with financial sweeteners — may be dead before they even started.
The rapid deterioration of the relationship between ACTO and ICANN plays out in a series of letters between Marby and ACTO secretary general Jacqueline Mendoza, published last week by ICANN.
After the board’s October 25 resolution, which gave .amazon a pardon from its longstanding “Will Not Proceed” death sentence, it took just 10 days for ACTO to file a Request for Reconsideration with ICANN, asking the board to rethink its resolution.
In a cover letter to the November 5 request, Mendoza said that ACTO was still happy to have Marby facilitate talks between the governments and Amazon, “to develop a mutually acceptable solution for the delegation” of .amazon.
Amazon is said to have offered concessions such as the protection of culturally sensitive names, along with $5 million worth of free Kindles, in order to get ACTO to back down.
But the governments had yet to see any proposal from Amazon for them to consider, Mendoza wrote a month ago.
At some point Marby then agreed to meet with the ACTO governments — Bolivia, Brazil, Colombia, Ecuador, Guyana, Peru, Suriname and Venezuela — in Bolivia on November 29.
He froze their reconsideration request pending this meeting, according to his November 20 letter (pdf), which also bulletted out the sequence of events that led to the ICANN resolution.
It seems ICANN has been working rather closely with, and had been hearing encouraging noises from, Brazil’s Governmental Advisory Committee representative, over the last 12 months. Indeed, it seems it was Brazil that said the reconsideration should be put on hold, pending the November 29 meeting.
But on November 22, Mendoza cancelled the summit (pdf), taking a hard line against the unfreezing of the applications.
Four days later, she told Marby and ICANN chair Cherine Chalaby that ICANN should be dealing with ACTO, not its individual members.
She said that a “positive reaction” to the reconsideration request and the request for the board resolution to be “cancelled” are “indispensable pre-requisites for such a meeting to take place”.
The short version: ICANN jumped the gun when it unfroze the .amazon gTLD applications, at least in ACTO’s view.
ACTO didn’t even receive Amazon’s latest proposal until November 23, the day after the talks were cancelled, according to ICANN.
And, judging by the latest missive in this infuriating thread, ICANN may have thrown in the towel already.
Marby informed GAC chair Manal Ismail (pdf) last Wednesday that the “facilitation process” ICANN had resolved to lead “has been unsuccessful” and “has not been able to reach its desired conclusion.”
While he added ICANN remains “open to assist and facilitate this matter, should it be considered useful”, there’s otherwise an air of finality about the choice of language in his letter.
As for the reconsideration request (pdf), it seems to be still active, so there’s a chance for the board to change its mind about .amazon’s status.
It will be interesting to see whether the request will be approved by the board for the sake of political expediency.
Reconsideration requests are almost unfailingly tossed out for failing to reach the threshold of providing the board with information it was not aware of at the time of its contested resolution.
In this case, ACTO claims that the board was wrongly informed that the ACTO members had seen and liked Amazon’s latest proposal, presumably because ICANN had been feeling positive vibes from Brazil.
It’s not impossible that the board might agree this is true, put .amazon back on ice, and try again at the “facilitation” route.
But should it? Part of me wonders why the hell ICANN resources — that is, registrants’ money — should be diverted to pay for ICANN to act as an unpaid lobbyist for one of the world’s wealthiest companies, which can’t seem to actually put a proposal on the table in a timely fashion, or for eight national governments who don’t seem to be even talking to each other on an issue they claim is of the utmost importance.

Bad.monster? Two more gTLDs have been acquired

Two more new gTLDs have changed hands, DI has learned.
XYZ.com has picked up former dot-brand .monster from recruitment web site Monster.com, while newbie registry Intercap Holdings has acquired .dealer from Dealer.com.
Both ICANN contracts were reassigned last month.
Neither acquiring company has announced their purchases or published their launch plans yet.
That said, XYZ has already registered a few intriguing domains: bad.monster, good.monster, my.monster and go.monster.
It appears that go.monster — slogan: “It’s Alive!” — will be the registry’s launch site. It’s the only one I could get to resolve.
It’s the second example I can think of of a dot-brand gTLD being acquired by a registry that intends to run it as a generic.
In 2016, Top Level Spectrum acquired .observer from the newspaper of the same name.
Most dot-brands that don’t want their TLDs any more choose to retire them. That number is up to 45 now.
.dealer wasn’t technically a dot-brand — it had no Spec 13 in its contract — but its 2012 application certainly made it look like a dot-brand, with most of the domains reserved for Dealer.com and its affiliates. It looked defensive.
Shayam Rostam, chief registry officer of ICH, told me the plan for .dealer is to primarily target car dealers (also its former owner’s market) but that it will be unrestricted and open to all comers.
Intercap wants to get its January launch of .inc out of the way before turning its attention to .dealer, so we’re probably looking at mid-late 2019 for a launch, Rostam said.
It also needs to do some housekeeping such as moving the TLD to Uniregistry’s back-end.
What do y’all think about these TLDs? Could .monster be the next .guru? Could .dealer find a home in the burgeoning legal cannabis market? Comment below!