Independent Objector launches web site

The new gTLD program’s Independent Objector has launched his own web site, independently from ICANN.
Alain Pellet is the French international law expert appointed in May to the IO role. The new web site also reveals that one Julien Boissise is assisting him.
The IO’s job is to file Community Objections and Limited Public Interest Objections against new gTLD applications, should the need arise.
In practice, I’d be very surprised to see any of the latter filed during the current application round, but I’d expect to see several Community Objections.
Pellet will file his objections before January 13, according to the web site. That’s the current objection-filing deadline, which ICANN plans to extend to March 13.

New gTLD hopefuls set aggressive targets for ICANN

ICANN should start delegating new gTLDs in the first quarter of next year as previously planned and the Governmental Advisory Committee should work faster.
That’s according to many new gTLD applicants dropping their ideas into ICANN’s apparently semi-official comment box on application “metering” over the last week or so.
ICANN wanted to know how it should queue up applications for eventual delegation, in the wake of the death of batching and digital archery.
According to information released over the past couple of weeks, it currently plans to release the results of Initial Evaluation on all 1,924 still-active applications around June or July next year, leading to the first new gTLDs going live in perhaps August.
But that’s not good enough for many applicants. Having successfully killed off batching, their goal now is to compress the single remaining batch into as short a span as possible.
The New TLD Applicant Group, a new observer group recognized by ICANN’s Registry Stakeholder Group, submitted lengthy comments.
NTAG wants Initial Evaluation on all applications done by January 2013, and for ICANN to publish the results as they trickle in rather than in one batch at the end.
The suggested deadline is based on ICANN’s recent statement that its evaluators’ processing powers could eventually ramp up to 300 applications per month. NTAG said in its comments:

Notwithstanding ICANN’s statements to the contrary, there is not a consensus within the group that initial evaluation results should be held back until all evaluations are complete; in fact, many applicants believe that initial evaluation results should be released as they become available.

That view is not universally supported. Brand-centric consultancy Fairwinds and a couple of its clients submitted comments expressing support for the publication of all Initial Evaluation results at once.
January 2013 is an extremely aggressive deadline.
Under the batching-based schedule laid out in the Applicant Guidebook, 1,924 applications would take more like 20 months, not seven, to pass through Initial Evaluation.
NTAG could not find consensus on methods for sequencing applications among its members. Separate submissions from big portfolio applicants including Donuts, Uniregistry, TLDH and Google and smaller, single-bid applicants gave some ideas, however.
Donuts, for example, hasn’t given up on a game-based solution to the sequencing problem – including, really, Rock Paper Scissors – though it seems to favor a system based on timestamping.
The company is among a few to suggest that applications could be prioritized using the least-significant digits of the timestamp they received when they were submitted to ICANN.
An application filed at 15:01:01 would therefore beat an application submitted at 14:02:02, for example.
This idea has been out there for a while, though little discussed. I have to wonder if any applicants timed their submissions accordingly, just in case.
Comments submitted by TLDH, Google and others offer a selection of methods for sequencing bids which includes timestamping as well alphabetical sorting based on the hash value of the applications.
This proposal also supports a “bucketing” approach that would give more or less equal weight to five different types of application – brand, geographic, portfolio, etc.
Uniregistry, uniquely I think, reckons it’s time to get back to random selection, which ICANN abandoned due to California lottery laws. The company said in its comments:

Random selection of applications for review should not present legal issues now, after the application window has closed. While the window was still open, random selection for batches would have given applicants an incentive to file multiple redundant applications, withdrawing all but the application that placed earliest in the random queue and creating a kind of lottery for early slots. Now that no one can file an additional application, that lottery problem is gone.

Given that the comment was drafted by a California lawyer, I can’t help but wonder whether Uniregistry might be onto something.
Many applicants are also asking the GAC to pull its socks up and work on its objections faster.
The GAC currently thinks it can file its official GAC Advice on New gTLDs in about April next year, which doesn’t fit nicely with the January 2013 evaluation deadline some are now demanding.
ICANN should urge the GAC to hold a special inter-sessional meeting to square away its objections some time between Toronto in October and Beijing in April, some commenters say.
ICANN received dozens of responses to its call for comments, and this post only touches on a few themes. A more comprehensive review will be posted on DI PRO tomorrow.

Microsoft, Yahoo and others involved in new dot-brand gTLD group

HSBC, Microsoft, Yahoo and jewelry maker Richemont have told ICANN they plan to form a new GNSO stakeholder group just for single-registrant gTLD registries.
The group would comprise dot-brand registries and — potentially — other types of single-user gTLD manager.
A letter (pdf) to ICANN chair Steve Crocker, signed by executives from the four companies, reads in part:

As a completely new type of contracted party, we do not have a home to represent our unique community. In addition, the existence of conflicts with other contracted parties makes it challenging for us to reside within their stakeholder group.

Combined, the companies have applied for about 30 single-registrant gTLDs, mostly corresponding to brands.
Richemont, which is applying for dot-brands including .cartier, is also applying for the keywords .jewelry and .watches as single-user spaces.
The group plans to discuss formalizing itself at the next ICANN meeting, in Toronto this October.
During the just-concluded Prague meeting, the GNSO’s existing registries stakeholder group accepted several new gTLD applicants — I believe mainly conventional registries — into the fold as observers.
How the influx of new gTLD registries will affect the GNSO’s structure was a hot topic for the Governmental Advisory Committee during the meeting too. I guess now it has some of the answers it was looking for.

New gTLD application batching dead?

It’s looking increasingly possible that not only is digital archery dead, but that ICANN may also kill off the idea of batching new gTLD applications entirely this week.
Given the number of groveling apologies from staff and board about the failure of digital archery over the last few days, there doesn’t seem to be any way it can be plausibly reinstated following its shut-down last week.
But from the first three days of meetings and hallway conversations here at ICANN 44 in Prague, it’s pretty clear that doing away with batching is under serious consideration at board level.
It’s also my understanding that ICANN staff, which initially appeared reluctant to abandon plans to divide the 1,930 applications into three or four batches, is now also thinking along the same lines.
Batching is unpopular among most — but by no means all — applicants, because they don’t want to risk losing a time-to-market advantage by being allocated to a later batch.
When director Chris Disspain told an audience of applicants yesterday, “What I think the board thinks you want now is certainty,” the reaction suggested he had hit the nail on the head.
The problem ICANN has with a single batchless evaluation process is that it faces — hypothetically at least — up to 1,409 unique gTLDs exiting Initial Evaluation at the same time.
This could cause problems because it’s promised the DNS root server operators and the Governmental Advisory Committee that it will delegate no more than 1,000 new gTLDs per year.
These commitments are, at least for now, non-negotiable, chairman Steve Crocker has indicated this week.
So ICANN has to figure out a way to “rate limit” application processing so that no more than 1,000 gTLDs go live in the same 12 month period.
Many opponents of batching have stated that the process already contains several throttling mechanisms, or “gateways” as ARI Registry Services CEO Adrian Kinderis calls them.
For starters, not every application will be successful. Some will be withdrawn soon because they were tactical filings, others will not pass Initial Evaluation and will be withdrawn.
Some will fail Initial Evaluation and enter Extended Evaluation. Others will face formal objections or will find themselves in contention resolution.
In these cases, applicants can expect an extra six months of processing time, which will act as a natural throttle.
For those applications that get through to contract negotiations, ICANN’s legal department will operate on a strict first-in-first-out basis with the paper contracts, Disspain said yesterday.
But there’s a concern that these gateways might not be enough to smooth out the evaluation and approval process.
Various solutions have been put forward by the ICANN community so far this week.
These have ranged from the predictable “IDN applicants should go first” from IDN applicants and “brands should go first” from brand applicants, which both seem unlikely to be adopted, to some more inventive ideas.
Top Level Domain Holdings founder Fred Krueger and others have suggested that one way to prioritize applications would be to ask the large portfolio applicants — TLDH, Google, Donuts, et al — to decide which of their gTLDs they want to hit the root first.
“I value .london significantly more than I value .beer,” Krueger said yesterday. “I’m sure Google values .google more than .lol.”
Another idea, put forward by Uniregistry’s outside counsel Bret Fausett yesterday, was to rank applications according to how cleanly they exit Initial Evaluation.
Applications that made it through Initial Evaluation without the evaluators needing to ask any clarifying questions would be considered the “first batch”. Those that needed a single question answered would be the “second batch”, and so on.
This system would have the advantages of enabling a single batch while rate-limiting applications based on their inherent quality.
On the face of it, it’s quite an attractive idea, and it’s my sense that Fausett’s approach was well-received by ICANN. We might be hearing more about it as ICANN 44 progresses.

The TLD Song: an instant classic

I may not agree with all of Lauren Weinstein’s views on ICANN’s new generic top-level domain expansion, but damn, the man can spoof a Gilbert & Sullivan song.

Check out Weinstein’s blog for the lyrics and a downloadable MP3.
Kudos, sir.

How Uniregistry wants to make Whois “two-way”

If someone uses a Whois database to look up personal information such as your home address and phone number, wouldn’t it be nice to know a little something about them, too?
That’s the philosophy behind one of Uniregistry’s more interesting new gTLD policies, according to Frank Schilling, founder of the new new gTLD portfolio applicant.
Uniregistry has applied for dozens of gTLDs and says it has a “registrant-centered” outlook that extends to the mandatory thick Whois databases.
If its gTLDs are approved, the company will record the IP addresses of people doing Whois queries and make the records available to its registrants, Schilling said.
He suggested that Whois users may have to give up more info about themselves, in certain cases, too.
“To get certain pieces of information, you’ll have to agree to share some information about yourself,” Schilling said in an interview with DI yesterday.
Registrants would be able to view archived data about who’s been looking them up, which could help them during subsequent legal disputes about names, or during sales negotiations.
For domainers, this could be handy. Imagine you own the domain soft.drink and you receive a low-ball offer from a random stranger you suspect might be a proxy for a large corporation. Wouldn’t it be nice to know Coca-Cola has recently been checking out your Whois?
It’s going to be interesting to see how IP interests and law enforcement agencies – the two ICANN lobbies most deeply invested in Whois accuracy – react to Uniregistry turning the tables.

ICANN budgets for 2,000 new gTLDs

ICANN could net $150 million from a 2,000-application new gTLD round.
That’s according to a proposed budget published for comment last night, which for the first time contemplates more than 500 new generic top-level domain applications.
The budget also contains budgets for 500-application and 1,000-application rounds.
But with ICANN revealing this week that it has 1,268 registered users of its TLD Application System, 2,000 applications is beginning to look extremely plausible.
ICANN would receive $368 million in fees from a 2,000-app round, according to the budget, of which an estimated $33 million would be returned in refunds when applicants withdraw.
But the operating cost of the program would only come in at $156 million – slightly cheaper on a per-application basis than a 500-app round due to volume discounts from its contractors.
What happens to the rest of the money?
About $30 million is returned to the ICANN contingency fund to recoup program development costs. A $31 million surplus could be considered “profit” – it’s budgeted as an increase in net assets.
But the majority – $120 million – is budgeted to the amorphous “risk costs” line item.
The risk fund – sometimes flippantly referred to as the legal war chest – was budgeted to cover unanticipated costs such as delays and litigation.
ICANN evidently does not anticipate any economies of scale here. The $120 million in the budget is a simple multiple of the $30 million it said it needed to cover risk in a 500-application round.
It’s quite possible that ICANN won’t even need to dip into the risk fund, or that it might only need to withdraw a small amount, which would leave it sitting on an embarrassingly large wedge of cash.
The organization has yet to decide how its surplus would be deployed, but it’s going to be kept in a separate bank account and accounted for separately.

ICANN approves “digital archery” gTLD batching

It’s official. ICANN’s board of directors has approved the widely derided “time target variance” procedure for batching new generic top-level domain applications.
It’s now being officially called “digital archery”.
The ICANN board met on Wednesday to vote in favor of the system, which was first outlined by senior VP Kurt Pritz at the Costa Rica meeting earlier this month.

Resolved (2012.03.28.01), the Board confirms the approval of secondary timestamp/digital archery as the mechanism for sorting new gTLD applications into batches, and directs that the operational details of the mechanism be communicated to applicants and the public as necessary and appropriate.

The digital archery system outlined in the resolution is pretty much identical to what Pritz described at ICANN 43.
New gTLD applicants will be asked to select a target time, then log into a special page of the TLD Application System to hit a “Submit” button as close to that time as possible.
The applicants whose clicks are recorded closest to the target time get to be in the first batch. ICANN will rotate through applicants from its five regions to avoid geographic bias.
There’ll also be an opt-out for those applicants for whom time to market is less important.
“The closer to zero the secondary timestamp is the more likely the application will be processed in the earliest batch, assuming the applicant has opted in to the earliest batch,” the resolution reads.
The system still appears to favor applicants skilled in drop-catching and other domainer disciplines.
Judging by screenshots released by ICANN today, there will be no Turing test (such as a CAPTCHA), which suggests that a scripted virtual “click” may be the best way to get a good timestamp.
It’s also not yet clear how ICANN plans to address the problem of network latency, to prevent applicants “renting a room at the Marina Del Rey Marriott” and thereby reducing the number of network hops between themselves and ICANN’s servers.
The resolution’s rationale reads: “Latency concerns are addressed in a fair manner so that applicants are not put at an advantage or disadvantage based on their geographic location”.
The digital archery system was met with borderline disbelief by many ICANN 43 attendees.
ICANN’s board resolution suggests that the system may have also been controversial within the board. It notes:

some members of the community have expressed concerns about whether the digital archery proposal is sensible and fair, and an informal subgroup of the Board has studied the feasibility, benefits, and risks of the proposal as well as alternative batching mechanisms such as auction.

The Olympics and the death of the GNSO, part deux

ICANN’s GNSO Council today narrowly voted to approve controversial special brand protections for the Olympic and Red Cross movements in the new gTLD program.
The vote this afternoon was scheduled as an “emergency” measure after the Council’s dramatic showdown at the ICANN public meeting in Costa Rica earlier this month.
Then, the Non-Commercial Stakeholders Group forced a deferral of the vote on the grounds that ICANN’s proper bottom-up policy-making processes had not been followed.
Today, a virtually identical motion barely squeaked through, turning on just a single vote after all six NCSG councilors abstained in protest.
It was a fairly tense discussion, as these things go.
“This is a sham of a proposal cooked up by a couple of lobbyists and shoved down the GNSO’s throat and that’s why I’m abstaining,” said Robin Gross, sitting in for absent councilor Wendy Seltzer.
“I’m abstaining to avoid the downfall of the GNSO Council,” said fellow NCSG councilor Rafik Dammak.
Essentially, the non-coms are upset that the decision to give special protection to the Olympics, Red Cross and Red Crescent appeared to be a top-down mandate from the ICANN board of directors last June.
(The board was itself responding to the demands of its Governmental Advisory Committee, which had been lobbied for special privileges by the organizations in question.)
ICANN policies are supposed to originate in the community, in a bottom-up fashion, but in this case the normal process was “circumvented”, NCSG councilors said.
Rather than bring the issue of special protection to the GNSO constituencies of which they are members, the IOC and Red Cross went directly to national governments in the GAC, they said.
The motion itself is to create a new class of “Modified Reserved Names” for the new gTLD program’s Applicant Guidebook, comprising solely of strings representing the Olympic and Red Cross.
Unlike the current version of the Guidebook, the International Olympic Committee and Red Cresent and Red Cross would actually be able to apply for their own brands as gTLDs.
The Guidebook would also give these Modified Reserved Names the same protection as ICANN itself in terms of string similarity – so Olympus might have a problem if it applies for a dot-brand.
Of course, the GNSO Council resolution does not become law unless it’s approved by the ICANN board of directors and implemented by staff in the Applicant Guidebook.
With the March 29 and April 12 application deadlines approaching, there’s a limited – some might say negligible – amount of time for that to happen if the GNSO’s work is to have any meaning.
That said, ICANN chair Steve Crocker said on more than one occasion during the Costa Rica meeting that he wants the board to be more flexible in its scheduling, so it’s not impossible that we’ll see an impromptu board meeting before Thursday.

ICANN has no plans to extend new gTLD window

The March 29 and April 12 deadlines to register for and submit new gTLD applications are currently not open to negotiation, according to ICANN chair Steve Crocker.
“We don’t really have any indication of sufficient reasons to change the schedule,” Crocker said at a press conference here at ICANN’s public meeting in Costa Rica this afternoon.
“We have no proposals we are actively working on to cause it to be changed at the moment,” he said. “The message needs to be understood that the application window will close April 12.”
I asked about the possibility of an extension largely because almost every registry services provider and new gTLD consultant I’ve talked to recently is expecting a mad rush of new gTLD applicants.
There are only 17 days remaining for applicants to sign up for a TLD Application System account. After March 29, applicants then have two weeks to file and pay for their applications.
Despite these pressing deadlines, many potential applicants – including dot-brands and some geographic gTLDs – have yet to make their minds up about applying.
Other confirmed applicants still haven’t selected their partners – I heard today about a city gTLD with a tender offer closing March 20, just nine days before the sign-up deadline.
ICANN said today that it has 254 registered TAS users.
A last-minute stampede for application services seems likely. With a limited number of registry back-end providers and decent consultants on the market, we could see bottlenecks.
But it seems that the ICANN board — which is the only body that could extend the schedule — has no plans to do so presently.