Consumer Watchdog slams “outrageous” Google and Amazon keyword gTLD bids

Consumer Watchdog, a California-based consumer rights advocacy group, has attacked Google and Amazon’s new gTLD applications in a letter to an influential senator.
The organization has asked Sen. Jay Rockefeller, chair of the Senate Commerce, Science and Transportation Committee, to “thwart” the “outrageous” plans for single-registrant dictionary-word gTLDs.
Google and Amazon have separately applied for dozens of gTLDs — such as .music, .blog and .book — that they would exclusively use to market their own products and services.
Consumer Watchdog said in its letter (pdf):

If these applications are granted, large parts of the Internet would be privatized. It is one thing to own a domain associated with your brand, but it is a huge problem to take control of generic strings. Both Google and Amazon are already dominant players on the Internet. Allowing them further control by buying generic domain strings would threaten the free and open Internet that consumers rely upon. Consumer Watchdog urges you to do all that you can to thwart these outrageous efforts and ensure that the Internet continues its vibrant growth while serving the interests of all of its users.

As we reported yesterday, a number of domain name industry participants are planning to complain to ICANN about these applications on pretty much the same grounds.

Google junks three of its new gTLD applications

The identities of the first four new gTLD applications to be withdrawn have been revealed by ICANN.
Google has, as predicted, dropped its bids for .and, .are and .est, because they’re protected three-letter country-codes listed in the ISO 3166 alpha-3 standard.
An application for .ksb, by the KSB, a German maker of “pumps, valves and related liquid transportation systems”, has also been withdrawn, though the reasons are less clear.
KSB is not a protected geographic string, nor has .ksb received any negative public comments. I’m guessing the application was an unnecessary defensive move.
With Google expected to lose 30% of its application fees for the three withdrawn applications ($165,000) I can’t help but wonder why ICANN allowed it to apply for the strings in the first place.
The ban on ISO 3166 alpha-3 codes in the Applicant Guidebook appears to be hard and non-negotiable. The strings essentially enjoy the same degree of exact-match protection as Reserved Names such as .iana and .example.
However, while the TLD Application System was hard-coded to reject attempts to apply for Reserved Names, banned geographic strings did not get the same safeguards.
There’s one other application for an ISO 3166 alpha-3 string — .idn — which does not appear to have been withdrawn yet.
There are at least 16 other applications for protected geographic words that may require government support — but are not outright prohibited — according to our DI PRO study.
According to ICANN, six applications have been withdrawn to date. The change in status only shows up on ICANN’s web site after the refunds have been processed, however.
Google, which applied as Charleston Road Registry, has 98 new gTLD applications remaining.

Did Google withdraw three new gTLD applications?

Is Google behind the three new gTLD applications that have already been withdrawn?
ICANN senior veep Kurt Pritz revealed yesterday that three applications were already on the scrap heap, long before they’ve been evaluated, but he didn’t say which ones.
After a helpful nudge from a DI commenter, my best guess now is that they’re Google’s applications for .and, .are and .est.
As I blogged here and reported here over a month ago, these three strings are all protected geographic names, under ICANN’s rules.
They’re the ISO 3166-1 alpha-3 codes for the United Arab Emirates, Estonia and Andorra, which would be classified as country names and therefore banned by the Applicant Guidebook.
Many thanks to Silvia for the reminder.

Congressmen say new gTLDs need more comments

Senior members of the US Congress have asked ICANN to prove that it’s giving the internet community enough opportunity to comment on its 1,930 new gTLD applications.
A letter from the chairs and ranking members of the House and Senate judiciary committees sent to ICANN yesterday basically implies rather heavily that, again, ICANN’s new gTLD program outreach sucks.
Sens. Leahy and Grassley, and Reps. Smith and Conyers write:

many members of the public outside the ICANN community are unaware that the New gTLD program is underway. Of those who are aware, few know about the public comment process or comprehend that their opportunity to participate in this forum is scheduled to end in less than a week.

Probably not coincidentally, the letter comes soon after requests for more time to comment from the Association of National Advertisers and the Intellectual Property Constituency.
The IPC wants another 30-45 days added to the comment period, which is currently set to close — at least for comments that will be forwarded to evaluators — this Sunday.
The Leahy letter highlights the need for comment on “potentially sensitive names like ‘.church’, ‘.kids’, and ‘.sucks'”, which should be a cause for concern for at least seven gTLD applicants.
Given who’s pulling the strings here, it’s not surprising that the letter also highlights the demands from IP interests for stronger rights protection mechanisms, such as a permanent Trademark Clearinghouse service.
They write:

ICANN’s current policy only requires the Clearinghouse to be available for the first 60 days after a registry launches. Moreover, the Clearinghouse will only give notice when someone registers a website that is identical to a trademark; not when the website contains the trademark in a varied form.
As an example, this means that a nonprofit such as the YMCA will receive notice only if a user registers a website such as www.yrnca.give or www.ymca.charity within the first 60 days of the “.give” or” .charity” registry. The YMCA would not receive notice if a person registers those names after 60 days, or if someone registers a closely related name such as www.ymcaDC.charity.

(To which I add, as an aside: and what if Intel wants to register www.buymcafee.shop?)
I think the Congressmen/ANA/IPC have a point, anyway, at least about the lack of commenting from people outside the tightly knit ICANN community.
A lot of data was released on Reveal Day, and much more has been released since.
There are 1,930 new gTLD applications.
The public portions weigh in at almost 400 MB in HTML format and generally run to between 15,000 and 50,000 words apiece.
The 20,000 published application attachments (which MD5 hashing reveals comprise close to 3,000 unique files) are currently taking up about 6 GB of space on the DI PRO server (where subscribers can cross-reference them to see which files show up in which applications).
It’s a lot to read.
That must be at least part of the reason there hasn’t been a single community-based objection comment about Google’s single-registrant .blog application yet.
For me, that’s the benchmark as to whether anyone in the real world is paying attention to this program.
I mean, seriously: no bloggers are concerned about Google using .blog as an exclusive promo tool for its third-rate blogging platform?
What’s worrying the Congressmen is that ICANN’s expensive Independent Objector is not allowed to object to an application unless there’s been at least one negative comment about it
The IO can file community-based objections on behalf of those who cannot afford to do it themselves, but it’s not at all clear yet what the cut-off date for the IO to discover these comments is.
Hopefully, when ICANN reveals its proposed evaluation timetable this week, some of these questions will be answered.

Three Google gTLD applications doomed to fail

Google has applied for three new generic top-level domains that will almost certainly be rejected because they are on ICANN’s list of banned geographic strings.
I reported the story for The Register yesterday.
The applications for .and, .are and .est are affected by the rule that prohibits the delegation of three-letter country codes appearing on the ISO 3166-1 alpha-3 list.
A fourth application by a different company, for .idn, is also impacted by the same rule.
Based on DI’s analysis, there are at least another 16 new gTLD applications that are not currently self-designated geographic but which are also protected (but not banned) as geographic terms.
English dictionary words, brands and acronyms are affected.
DI PRO subscribers can read the full analysis here.

Schilling applies for “scores” of new gTLDs

Domaining icon Frank Schilling’s new venture, Uniregistry, has applied for “scores” of new generic top-level domains, “most” of which he expects to be contested.
Schilling won’t say exactly how many or which strings Uniregistry is pursuing, but he did reveal that while he is not going for .web, he will be in contention with Google for .lol.
“It’s closer to TLDH than Donuts,” Schilling told DI in an interview this evening, referring to the announcements of Top Level Domain Holdings’ 68 and Donuts’ 307 applications.
I’m guessing it’s around the 40 to 50 mark.
Despite the portfolio and Schilling’s history in domain investing, Uniregistry isn’t what you might call a “domainer” play.
The company doesn’t plan on keeping whole swathes of premium real estate for itself or for auction, Schilling said. Nor does it intend to rip off trademark owners.
“We’ve seen good TLDs fail with bad business plans,” he said, pointing to premium-priced .tv as an example. “You need to allow other people to profit, to evangelize your space.”
“I’m not going to get as rich from this as some of our registrants,” he said.
Uniregistry only plans to hold back a “handful” of premium names, Schilling said. The rest will be available on a first-come, first-served basis.
To avoid creating wastelands of parked domains, the company plans to deploy technical countermeasures to prevent too many domains falling into too few hands.
“The way we’re going stage the landrush it will be very difficult to game it,” he said. “There’ll be significant rate limiting, so you can’t come and take 500 domains in ten milliseconds.”
“What we want to avoid is someone going in and getting 100,000 of the best ones on day one. It’s not fair, and it’s unhealthy for the space.”
Schilling is one of the industry’s most successful domainers. His company, Name Administration, is one of the largest single owners of second-level domain names.
Now Schilling says he’s brought his considerable experience as a domain name registrant Uniregistry’s business model and policies.
The company’s message is that it’s “registrant-centered”.
While that sounds like an easy, glib marketing statement, Schilling is backing it up with some interesting policies.
He’s thinking about a much closer relationship between the registry and the registrant that you’d see in the .com space.
When a second-level domain in a Uniregistry gTLD expires, registrants will get 180 days to claim it back from the registry, possibly even circumventing the registrar.
Uniregistry will even directly alert the registrant that their name is going to expire, a policy that Schilling said has been modeled in part on what Nominet does in the .uk space.
“Registrants have the ability to go to the registry to manage their .co.uk, to transfer the domain, to change certain pieces of information,” he said.
The 180-day policy is designed in part to prevent registrars harvesting their customers most valuable domains when they forget to renew them.
Rogue registrars and registrars competing against their own customers are things that evidently irk Schilling.
“I prefer a system that protects registrants,” he said.
But existing registrars are still the company’s proposed primary channel to market, he said. Uniregistry plans to price its domains in such a way as to give registrars a 50% margin.
“I think there’s enough margin in these strings for registrars to make a great living,” Schilling said.
Schilling hasn’t ruled out an in-house pocket registrar, but said it wouldn’t be created to undercut the regular channel.
The company has hired Internet Systems Consortium, maker of BIND and operator of the F-Root, as its back-end registry provider.
Judging by Uniregistry’s web site, which carries photos of many ISC staff, it’s an unusually close relationship.
I’ll have more on Uniregistry’s plans for Whois and trademark protection in a post later.

Google has applied for .lol gTLD

Google is the first company to announce that it has applied for the new top-level domain .lol.
It’s one of several new gTLDs Google has applied for — including .google, .youtube and .docs — according to a blog post from chief internet evangelist Vint Cerf:

we decided to submit applications for new TLDs, which generally fall into four categories:
– Our trademarks, like .google
– Domains related to our core business, like .docs
– Domains that will improve user experience, such as .youtube, which can increase the ease with which YouTube channels and genres can be identified
– Domains we think have interesting and creative potential, such as .lol

Cerf, a former ICANN chairman, also promises “sensible rights protection mechanisms” and said that security will be a “high priority”.
The full list — and number — of Google’s applications does not seem to have been released yet.
UPDATE: According to AdAge, Google has applied for more than 50 gTLDs.

Google Chrome handles new TLDs badly

Sint Maarten’s new .sx country-code top-level domain has been online for at least a couple months now, but Google’s Chrome browser appears to be still a bit wary of it.
Typing “registry.sx” and “nic.sx” into Chrome’s combined URL/search bar today, instead of being sent to my chosen destination I was instead sent to a page of Google search results.
The browser presented the message “Did you mean to go to http://registry.sx?”.

Once my intentions were confirmed, Chrome bounced me to the registry’s web site and seemed to remember my preference on future visits. Other Chrome users have reported the same behavior.
Chrome is understood to use the Public Suffix list to figure out what is and isn’t a domain, and .sx does not currently appear on that list.
Internet Explorer and Firefox (also a Public Suffix list user) both seem already to resolve .sx names normally.
While not a massive problem for .sx, which has just a handful of second-level domains active, new gTLD applicants might want to pay attention to this kind of thing.
Chrome has a significant share of the browser market – about 15% by some counts, as high as 38% by others.
Launching a new gTLD without full browser support could look messy. Chrome isn’t blocking access to .sx, but its handling of the new TLD is not particularly graceful.
Imagine a scenario in which you’ve just launched your dot-brand, and instead of arriving at your web site Chrome users are instead directed to Google (with the top sponsored result a link you’ve probably paid for).
ICANN is currently pondering ways to promote the universal acceptance of TLDs for precisely this reason.
Searches for the pop producer Will.I.Am prompt Chrome to attempt to find an address in the Armenian ccTLD.

Even when the domains are free, Irish small businesses prefer .com to .ie

Irish small businesses overwhelmingly chose .com domains over .ie and .eu during the first year of a Blacknight Solutions web presence freebie initiative.
Blacknight said today signed up 10,000 Irish small business customers through Getting Business Online, a partnership with Google and the local postal service, which it launched a year ago.
The scheme, which Google has been promoting with local partners in various territories around the world, gives companies a free domain and basic web hosting for a year.
According to Blacknight managing director Michele Neylon, 61% of sign-ups chose a .com domain, while 21% chose Ireland’s .ie, 13% chose .eu and 4% chose .biz.
“The way .ie is run, you have to go through an extensive validation process, and it’s also restricted what domains you can register,” Neylon, a regular critic of .ie policy, said.
As the initiative is just a year old, it’s not yet clear how many of these 10,000 companies plan to stick around on paid services.

Facebook gTLD ruled out by ICANN director vote?

While Google recently confirmed its new top-level domain plans, an ICANN director has given a big hint that rival Facebook has not applied for any new gTLDs.
Director Erika Mann, head of EU policy at Facebook in Brussels, voted on ICANN’s “digital archery” method of batching new gTLD applications at the ICANN board meeting March 28.
Because ICANN’s new conflict of interest rules require directors to recuse themselves during votes on matters affecting their own businesses, this could be taken as a pretty strong indication that Facebook is not applying for a new gTLD.
If Mann was aware of a .facebook or other Facebook gTLD bid, I think there’s a pretty strong chance she would have not have participated in the digital archery decision.
At least one director whose employer is believed to have applied for a dot-brand gTLD, IBM’s Thomas Narten, did not attend the March 28 meeting.
Sébastien Bachollet, Steve Crocker, Bertrand de La Chapelle, Ram Mohan, George Sadowsky, Bruce Tonkin, Judith Vazquez, Suzanne Woolf and Kuo-Wei Wu also did not attend.
The March 28 board meeting was the first one with new gTLD program votes that Mann has participated in since the new conflict rules were introduced in December.
The news is obviously a couple of weeks old, but I think it’s worth mentioning now in light of the fact that social networking competitor Google revealed earlier this week that it will apply for some gTLDs.