.gay not coming out this year after all

We won’t be seeing .gay on the internet this year.
Top Level Design has postponed the release of its hard-won gTLD until the second quarter of 2020, having recently said it was planning an October 2019 launch.
The company told registrars yesterday that it wants “to move forward on a timeline that will allow us to create greater impact in a more measured manner”.
The October date was meant to coincide with National Coming Out Day, which I said was “absolutely perfect”.
The 2020 date will instead coincide with one of the Pride events, the registry said.
The story is that Top Level Design wants to spend more time building up support from gay community groups, before it comes to market.
But CEO Ray King denied that it’s facing resistance from groups that supported the rival community-based application from dotgay LLC, which lost the chance to run .gay when it was auctioned.
“It’s really just about having enough time to do a thoughtful launch,” King told DI.
The company recently blogged about one of its .gay marketing brainstorming sessions.

.gay picks the absolutely perfect launch date

Top Level Design has announced the launch date for its forthcoming .gay gTLD, and the timing couldn’t be more symbolic.
It’s picked October 11 as the date for general availability, which also happens to be National Coming Out Day in the US.
National Coming Out Day, which has been observed by gay rights organizations since 1987, is meant to celebrate LBGTQ people “coming out of the closet” and publicly acknowledging their sexual identity.
It happens on the same date every year to commemorate a 1987 civil rights march in Washington, DC.
According to Wikipedia, the event is also celebrated in Ireland, Switzerland, the Netherlands and the UK.
Leading up to its GA launch, Top Level Design plans to kick off its sunrise period in August.
Given that .gay has not yet been delegated, and has not filed its startup plan with ICANN, I imagine there’s some flexibility to the launch timetable.
The registry has recently been brainstorming ideas about how to promote positive content and reduce the inevitable abuse in its new TLD.

The internet is about to get a lot gayer

Seven years after four companies applied for the .gay top-level domain, we finally have a winner.
Three applicants, including the community-driven bid that has been fighting ICANN for exclusive recognition for years, this week withdrew their applications, leaving Top Level Design the prevailing bidder.
Top Level Design is the Portland, Oregon registry that already runs .ink, .design and .wiki.
The withdrawing applicants are fellow portfolio registries Donuts and MMX, and community applicant dotgay LLC, which had been the main holdout preventing the contention set being resolved.
I do not yet know how the settlement was reached, but it smells very much like a private auction.
As a contention set only goes to auction with consent of all the applicants, it seems rather like it came about after dotgay finally threw in the towel.
dotgay was the only applicant to apply as a formal “community”, a special class of applicant under ICANN rules that gives a no-auction path to delegation if a rigorous set of tests can be surmounted.
Under dotgay’s plan, registrants would have to have been verified gay or gay-friendly before they could register a .gay domain, which never sat right with me.
The other applicants, Top Level Design included, all proposed open, unrestricted TLDs.
dotgay, which had huge amounts of support from gay rights groups, failed its Community Priority Evaluation in late 2014. The panel of Economist Intelligence Unit experts awarded it 10 out the 16 available points, short of the 14-point prevailing threshold.
Basically, the EIU said dotgay’s applicant wasn’t gay enough, largely because its definition of “gay” was considered overly broad, comprising the entire LGBTQIA+ community, including non-gay people.
After dotgay appealed, ICANN a few months later overturned the CPE ruling on a technicality.
A rerun of the CPE in October 2015 led to dotgay’s bid being awarded exactly the same failing score as a year earlier, leading to more dotgay appeals.
The .gay set was also held up by an ICANN investigation into the fairness of the CPE process as carried out by the EIU, which unsurprisingly found that everything was just hunky-dory.
The company in 2016 tried crowdfunding to raise $360,000 to fund its appeal, but after a few weeks had raised little more than a hundred bucks.
Since October 2017, dotgay has been in ICANN’s Cooperative Engagement Process, a form of negotiation designed to avert a formal, expensive, Independent Review Process appeal, and the contention set had been on hold.
The company evidently decided it made more sense to cut its losses by submitting to an auction it had little chance of winning, rather than spend six or seven figures on a lengthy IRP in which it had no guarantee of prevailing.
Top Level Design, in its application, says it wants to create “the most safe, secure, and prideful .gay TLD possible” and that it is largely targeting “gay and queer people as well as those individuals that are involved in supporting gay cultures, such as advocacy, outreach, and civil rights.”
But, let’s face it, there’s going to be a hell of a lot of porn in there too.
There’s no mention in the winning bid of any specific policies to counter the abuse, such as cyberbullying or overt homophobia, that .gay is very likely to attract.
Top Level Design is likely to take .gay to launch in the back end of the year.
The settlement of the contention set is also good news for two publicly traded London companies.
MMX presumably stands to get a one-off revenue boost (I’m guessing in seven figures) from losing another auction, while CentralNic, Top Level Design’s chosen back-end registry provider, will see the benefits on an ongoing basis.

Christians rail against GoDaddy’s six-color gay rights flag

GoDaddy changed its social media avatars to a gay rights flag yesterday, incurring the wrath of some self-declared Christians and US right-wingers.

The change was made in recognition of LGBT Pride Month, in which every June gay rights groups hold marches and generally celebrate/call for equal rights for lesbian, gay, bisexual and transgender people.
The most egregious thing about the change is surely that there’s a color missing. For some reason, the world’s largest registrar has decided that rainbows look better with only six colors.
But many customers took to Facebook to decry the change on religious or political grounds.
Here’s a sample of some of the comments on the logo.

Now finding another service !!! I don’t support this crap !! I serve s higher power and I am as a Christian warrior to turn my back on this !!!

Don’t you start making a hard left turn to GoDaddy, are you gonna choose the coastal liberals over the other half of the country? Stay out of politics and picking sides. Your not above Boycott like every other Mega Company that chooses a Globalist agenda…

Keep your sexual or political opinion out of your business or I’ll leave your business son! Weather I agree or disagree Im not doing business with you for you to push your views upon me! Just sell me websites and hosting and keep your mouth shut, thanks!

Not doing business there anymore

To be fair, compared to the size of GoDaddy’s customer base, the number of outraged commenters was vanishingly small. I don’t think anyone at GoDaddy is shaking in their boots over the possible loss of a few hard-core right-wing customers.
But those saying it’s a political statement may have a point.
It might be interesting to note that on GoDaddy’s Facebook page for the UK, where equal rights are far less controversial and barely considered a mainstream political issue, the company has not changed its logo.
There were also lots of comments in favor of the change, of course.

Always been a huge fan of godaddy. Your customer service and products are superior. Now I’m even more of a fan. Thanks for taking a powerful stand, even amidst these trolls. I can’t even believe the hate spewing from them. #teamGoDaddy

Comment section, its not getting political or “imposing views” on others to support & respect gays as human beings. They’re not talking about gun rights or abortion or whatever, its LGBT, thats not a belief, or a view. So if you’re gonna seriously stop using the website over human decency & compassion during pride month, thats on you if ya wanna be a whining mope

The amount of offended people in these comments is killing me 😂 much love, GoDaddy. Happy pride. To all the high- strung offended snowflakes: you and your kind have enjoyed thousands of years without LGBT visibility. One site changes their profile pic and your anger burns for nothing. Suck it.

And there were plenty of ambivalent comments.

I am ok with supporting LGBT rights. I am not ok with my slow as hell server that I paid extra for it to be fast, but I paid up front for 3 years so whatever I guess I am hanging out awhile.

While I generally tend to steer away from stories about bogus, whipped-up, social media controversies (this is maybe the third time DI has posted such an article) I find it interesting as it reflects GoDaddy’s perception shift as a company.
A large reason GoDaddy got into the leading position it is today is due to its unabashedly breast-based advertising and sponsorship of sports only Republicans understand.
Less than a decade ago, it was more common for the company to attract controversy when founding CEO Bob Parsons did something dumb like brag about shooting an elephant.
Now it’s taking flak for making a half-assed nod towards gay rights? How times change.
Disclosure: it’s not lost of me that throughout this article I’ve used the word “gay” interchangeably with “LGBT”.

ICANN strikes back at “offensive” .gay bidder

ICANN has responded harshly to claims that a probe of its handling of applications for the .gay gTLD was fixed from the outset.
Writing to dotgay LLC lawyer Arif Ali this week, ICANN lawyer Kate Wallace said claims that the investigation “had a pre-determined outcome in mind” were “as offensive as they are baseless”.
FTI Consulting gave ICANN the all-clear in January, dismissing allegations that ICANN staff had interfered with Community Priority Evaluations of .gay and other gTLDs conducted by the Economist Intelligence Unit.
But dotgay quickly responded by calling the FTI report a “whitewash”, saying “a strong case could be made that the purported investigation was undertaken with a pre-determined outcome in mind.”
Now, in an unusually pointed letter (pdf) Wallace calls dotgay out for its “insulting” implications.

While dotgay LLC may have preferred a different evaluation process and may have desired a different outcome, that is not evidence that FTI undertook its investigation “with a pre-determined outcome in mind.”
Your accusations in this regard are as offensive as they are baseless. The Board initiated the CPE Process Review in its oversight role of the New gTLD Program to provide greater transparency into the CPE process. There was no pre-determined outcome in mind and FTI was never given any instruction that it was expected to come to one conclusion over another.
…
Your assertions that FTI would blatantly violate best investigative practices and compromise its integrity is insulting and without any support, and ICANN rejects them unequivocally.

Wallace works for ICANN outside counsel Jones Day — which contracted with FTI for the investigation — but states that she is writing at the behest of the ICANN board of directors.
The board “is in the process of considering the issues” raised by Ali and gay rights expert lawyer William Eskridge, she wrote.
The board’s agendas for next week’s ICANN 61 public meeting in Puerto Rico have not yet been published.
dotgay wants to avoid a costly (or lucrative) auction against other .gay applicants by gaining “community” status, but it failed its CPE in 2014, largely because its definition of “gay” over-stretches, and has been appealing the decision ever since.

dotgay lawyer insists it is gay enough for .gay gTLD

What do Airbnb, the Stonewall riots and the 2016 Orlando nightclub shooting have in common?
They’re all cited in a lengthy, somewhat compelling memo from a Yale law professor in support of dotgay LLC’s argument that it should be allowed to proceed with its .gay gTLD application unopposed by rival applicants.
The document (pdf), written by William Eskridge, who has decades of publications on gay rights under his belt, argues that dotgay’s Community Priority Evaluation and the subsequent review of that evaluation were both flawed.
At the crux of the dispute is whether the word “gay” can also be used to describe people who are transgender, intersex, and “allied” straight — dotgay says it can, but the Economist Intelligence Unit, which carried out the CPE, disagreed.
dotgay scored 10 out of 16 points on its CPE, four shy of a passing grade. An acceptance of dotgay’s definition of the “gay” community could have added 1 to 4 extra points to its score.
The company also lost a point due to an objection from a gay community center, despite otherwise broad support from gay-oriented organizations.
Eskridge spends quite a lot of time on the history of the word “gay”, from Gertrude Stein and Cary Grant using it as a wink-wink code-word in less-tolerant times, via the 1969 Stonewall riots, to today’s use in the media.
The argument gets a bit grisly when it is pointed out that some of the 49 people killed in the 2016 mass shooting at the Pulse nightclub in Orlando, Florida — routinely described as a “gay” club in the media — were either transgender or straight.

My research associates and I read dozens of press and Internet accounts of this then-unprecedented mass assault by a single person on American soil. Almost all of them described Pulse as a “gay bar,” the situs for the gay community. But, like the Stonewall thirty-seven years earlier, Pulse was a “gay bar” and a “gay community” that included lesbians, bisexual men and women, transgender persons, queer persons, and allies, as well as many gay men.

Eskridge argues that EIU erred by applying an overly strict definition of the applied-for string with dotgay, but not with successful community applicants for other strings.
For example, he argues, a manufacturer of facial scrubs would qualify for a “.spa” domain, and Airbnb and the Orient Express train line would qualify for “.hotel” domains under that applicant’s definition of its community, even though it could be argued that they do not fit into the narrow categories of “spas” and “hotels”.
Similarly, a transgender person may not consider themselves “gay” and a straight person certainly would not, but both might feel a part of the broader “gay community” when they get shot at a gay nightclub.
It’s an unpleasant way to frame the argument, but in my view it’s compelling nevertheless.
Eskridge also thinks that dotgay should have picked up an extra point or two in the part of the CPE dealing with community support.
It dropped one point there because the Q Center, a community center for LGBTQ people in Portland, Oregon, sent a letter objecting to the dotgay application (an objection apparently later revoked, then reinstated).
Eskridge spend some time questioning the Q Center’s bona fides as a big-enough organization to warrant costing dotgay a point, noting that it was the only member of a 200-strong umbrella organization, CenterLink, to object. CenterLink itself backed the bid.
He then goes on to cite articles seemingly showing that Q Center was in the midst of some kind of liberal paranoia meltdown — accused of racial insensibility and “transphobia” — and allegations of mismanagement at about the same time as it was objecting to dotgay’s application.
He also insinuates that Q’s base in Portland is suspicious because it’s also where rival applicant Top Level Design is based.
In summary, Eskridge reckons the EIU CPE and FTI Consulting’s subsequent investigation were both flimsy in their research, unfairly applying criteria to .gay that they did not apply to other strings, and that dotgay should have picked up enough points to pass the CPE.
It’s important to remember that this is not a case of ICANN getting decide whether the gTLD .gay gets to exist — it’s going to exist one way or the other — but rather whether the winning registry is selected by auction or not.
If dotgay wins either by getting another CPE or winning the auction then .gay will be restricted to only vetted members of the “gay” community. This could mean less homophobic abuse in .gay domains but probably also less opportunity for self expression.
If it goes to Top Level Design, MMX or Donuts, it will be open to all comers. That could increase cyber-bulling with .gay domains, but would remove barriers to entry to those who would otherwise be excluded from registering a domain.
ICANN has had .gay on hold for years while the dispute over the CPE has worked itself out, and it now has a piece of paper from FTI declaring the result hunky-dory. I doubt there’s any appetite to reopen old wounds.
My feeling is that we’re looking at an auction here.

CPE probe: “whitewash” or “fig leaf”?

A few weeks ago, when I was reporting the conclusions of a probe into ICANN’s new gTLD program, I wrote a prediction on a piece of paper and placed it into a sealed envelope.*
I wrote: “They’re gonna call this a whitewash.”
And I was correct! Ta-dah! I’m here all week.
The lawyer for applicants for .music and .gay gTLDs has written to ICANN to complain that a purportedly independent review of the Community Evaluation Process was riddled with errors and oversights and should not be trusted.
In a letter on behalf of dotgay LLC, Arif Ali calls the report a “whitewash”. In a letter on behalf of DotMusic, he calls it a “fig leaf”.
Both companies think that the CPE probe was designed to give ICANN cover to proceed with auctions for five outstanding gTLD contention sets, rather than to get to the bottom of perceived inconsistencies in the process.
Both of Ali’s clients applied for their respective gTLDs as “community” applicants, trying to avoid auctions by using the Community Priority Evaluation process.
During their CPEs, both carried out by the Economist Intelligence Unit, neither applicant scored highly enough to win the exclusive right to .gay or .music, meaning the next stage was to auction the strings off to the highest bidder.
After repeated complaints from applicants and an Independent Review Process finding that ICANN lacked transparency and that staff may have had inappropriate influence over the EIU, ICANN hired FTI Consulting to look into the whole CPE process.
FTI’s report was finally delivered late last year, clearing ICANN on all counts of impropriety and finding that the EIU’s evaluations had been consistent across each of the applications it looked at.
The remaining gTLDs affected by this are .music, .gay, .hotel, .cpa, and .merck.
ICANN’s board of directors is due to meet to discuss next steps this weekend, but Ali says that it should “critically evaluate the [FTI] Report and not accept its wholesale conclusions”. He wrote, on behalf of DotMusic:

The report reveals that FTI’s investigation was cursory at best; its narrow mandate and evaluation methodology were designed to do little more than vindicate ICANN’s administration of the CPE process.
…
It is evident that FTI engaged in a seemingly advocacy-driven investigation to reach conclusions that would absolve ICANN of the demonstrated and demonstrable problems that afflicted the CPE process.

Among the applicants’ list of complaints: their claim that FTI did not interview affected applicants or take their submissions seriously, and the fact that ICANN was less than transparent about who was conducting the probe and what its remit was.
The same letter quotes ICANN chair Cherine Chalaby, then vice-chair, saying in a January 2017 webinar that he had observed inconsistencies in how the CPEs were carried out; inconsistencies FTI has since found did not occur.
That should be enough to provoke discussion when the board meets to discuss this and other issues in Los Angeles on Saturday.
* I didn’t actually do this of course, I just thought about it, but you get my point.

.music and .gay possible in 2018 after probe finds no impropriety

Five more new gTLDs could see the light of day in 2018 after a probe into ICANN’s handling of “community” applications found no wrongdoing.
The long-running investigation, carried out by FTI Consulting on ICANN’s behalf, found no evidence to support suspicions that ICANN staff had been secretly and inappropriately pulling the strings of Community Priority Evaluations.
CPEs, carried out by the Economist Intelligence Unit, were a way for new gTLD applicants purporting to represent genuine communities to avoid expensive auctions with rival applicants.
Some applicants that failed to meet the stringent “community” criteria imposed by the CPE process appealed their adverse decisions and an Independent Review Process complaint filed by Dot Registry led to ICANN getting crucified for a lack of transparency.
While the IRP panel found some hints that ICANN staff had been nudging EIU’s arm when it came to drafting the CPE decisions, the FTI investigation has found:

there is no evidence that ICANN organization had any undue influence on the CPE Provider with respect to the CPE reports issued by the CPE Provider or engaged in any impropriety in the CPE process.

FTI had access to emails between EIU and ICANN, as well as ICANN internal emails, but it did not have access to EIU internal emails, which EIU declined to provide. It did have access to EIU’s internal documents used to draft the reports, however.
Its report states:

Based on FTI’s review of email communications provided by ICANN organization, FTI found no evidence that ICANN organization had any undue influence on the CPE reports or engaged in any impropriety in the CPE process. FTI found that the vast majority of the emails were administrative in nature and did not concern the substance or the content of the CPE results. Of the small number of emails that did discuss substance, none suggested that ICANN acted improperly in the process.

FTI also looked at whether EIU had applied the CPE rules consistently between applications, and found that it did.
It also dug up all the sources of information EIU used (largely Google searches, Wikipedia, and the web pages of relevant community groups) but did not directly cite in its reports.
In short, the FTI reports very probably give ICANN’s board of directors cover to reopen the remaining affected contention sets — .music, .gay, .hotel, .cpa, and .merck — thereby removing a significant barrier to the gTLDs getting auctioned.
If there were to be no further challenges (which, admittedly, seems unlikely), we could see some or all of these strings being sold off and delegated this year.
The probe also covered the CPEs for .llc, .inc and .llp, but these contention sets were resolved with private auctions last September after applicant Dot Registry apparently decided it couldn’t be bothered pursuing the ICANN process any more.
The FTI’s reports can be downloaded from ICANN.

.music and .gay CPE probe could end this month

An ICANN-commissioned investigation into the fairness of its Community Priority Evaluation process for new gTLDs could wind up before the end of June.
In an update Friday, ICANN also finally revealed who is actually conducting the probe, which has been slammed by affected applicants for being secretive.
A tentative timeline sketched out in the update means applicants for gTLDs including .gay and .music could find their applications closer to release from limbo in just a few weeks.
ICANN revealed that FTI Consulting’s Global Risk and Investigations Practice and Technology Practice have been looking into claims ICANN staff meddled in the Economist Intelligence Unit’s supposedly independent CPE reviews for the last several months.
FTI is reviewing how ICANN staff interacted with the EIU during the CPE processes, how the EIU conducted its research and whether the EIU applied the CPE criteria uniformly across different gTLDs.
ICANN said that FTI finished collected material from ICANN in March and hopes to have all the information it has asked the EIU for by the end of this week.
It could deliver its findings to ICANN two weeks after that, ICANN said.
Presumably, there would be little to prevent ICANN publishing these findings very shortly thereafter.
ICANN has been harangued by some of the applicants for .music, .gay, hotel, .cpa, .llc, .inc, .llp and .merck, all of which have been affected by controversial CPE decisions and have been delayed by the investigation, for months.

.gay, .music and others in limbo as ICANN probes itself

Several new gTLD applicants have slammed ICANN for conducting an investigation into its own controversial practices that seems to be as opaque as the practices themselves.
Seven proposed new gTLDs, including the much-anticipated .music and .gay, are currently trapped in ICANN red tape hell as the organization conducts a secretive probe into how its own staff handled Community Priority Evaluations.
The now broad-ranging investigation seems have been going on for over six months but does not appear to have a set deadline for completion.
Applicants affected by the delays don’t know who is conducting the probe, and say they have not been contacted by anyone for their input.
At issue is the CPE process, designed to give genuine “community” gTLD applicants a way to avoid a costly auction in the event that their choice of string was contested.
The results of the roughly 25 CPE decisions, all conducted by the independent Economist Intelligence Unit, were sometimes divergent from each other or just baffling.
Many of the losers complained via ICANN’s in-house Requests for Reconsideration and then Independent Review Process mechanisms.
One such IRP complaint — related to Dot Registry’s .inc, .llc, .llp applications — led to two of the three-person IRP panel deciding last July that ICANN had serious questions to answer about how the CPE process was carried out.
While no evidence was found that ICANN had coached the EIU on scoring, it did emerge that ICANN staff had supplied margin notes to the supposedly independent EIU that had subsequently been incorporated into its final decision.
The IRP panel majority wrote that the EIU “did not act on its own in performing the CPEs” and “ICANN staff was intimately involved in the process”.
A month or so later, the ICANN board of directors passed a resolution calling for the CEO to “undertake an independent review of the process by which ICANN staff interacted with the CPE provider”.
Another month later, in October, the Board Governance Committee broadened the scope of the investigation and asked the EIU to supply it with documents it used to reach its decisions in multiple controversial CPE cases.
A couple of weeks ago, BGC chair Chris Disspain explained all this (pdf) to the applicants for .music, .gay, hotel, .cpa, .llc, .inc, .llp and .merck, all of which are affected by the delay caused by the investigation.
He said that the investigation would be completed “as soon as practicable”.
But in response, Dot Registry and lawyers for fellow failed CPE applicant DotMusic have fired off more letters of complaint to ICANN.
(UPDATE: Dot Registry CEO Shaul Jolles got in touch to say his letter was actually sent before Disspain’s, despite the dates on the letters as published by ICANN suggesting the opposite).
Both applicants note that they have no idea who the independent party investigating the CPEs is. That’s because ICANN hasn’t identified them publicly or privately, and the evaluator has not contacted the applicants for their side of the story.
DotMusic’s lawyer wrote (pdf):

DotMusic’s rights are thus being decided by a process about which it: (1) possesses minimal information; (2) carried out by an individual or organization whose identity ICANN is shielding; (3) whose mandate is secret; (4) whose methods are unknown; and (5) whose report may never be made public by ICANN’s Board.

He added, pointedly:

The exclusion of directly affected parties from participation eerily reproduces the shortcomings of the EIU evaluations that are under scrutiny in the first place.

Dot Registry CEO Shaul Jolles, in his letter (pdf), quoted Disspain saying at a public forum in Copenhagen this March that a blog post addressing the concerns had been drafted and would be published “shortly”, but wasn’t.
He suggested the investigation is “smoke and mirrors” and, along with DotMusic, demanded more information about the investigator’s identity and methods.
It does strike me as a looking a bit like history repeating itself: ICANN comes under fire for non-transparently influencing a supposedly independent review and addresses those criticisms by launching another non-transparent supposedly independent review.
No matter what I feel about the merits of the “community” claims of some of these applicants, it has been over five years now since they submitted their applications and the courtesy of transparency — if closure itself its not yet possible — doesn’t seem like a great deal to ask.