.museum soon could be open to all (no haters please)

The 15-year-old .museum gTLD could soon be open to a great many more potential registrants, following an ICANN contract renewal.
The registry, MuseDoma, has negotiated a new Registry Agreement that rewrites eligibility rules to the extent that soon basically anyone should be able to register a name.
Since the gTLD went live back in 2002, it has been tightly restricted to legitimate museums and museum associations, as well as verifiable museum workers such as curators.
But the new proposed contract expands eligibility to “individuals with an interest or a link with museum profession and/or activity” and “bona fide museum users”.
It’s not at all clear how one proves they are a “bona fide museum user”, but the language suggests to me that the registry is likely to take registrants at their word and enforce some kind of post-registration review of how the domains are being used.
Indeed, the new contract contains the following new restriction:

Registration implies compliance with a fair use that only allows a use harmless to the image of museums and the community. Non-compliance will result in suspension or termination of the domain name.

So if you are fundamentally opposed to the idea of museums and want to set up a .museum web site trashing the entire concept, you probably won’t be allowed to.
Even though .museum was part of the “test-bed” application round from 2000, the proposed new contract has acquired chunks of the standard new gTLD RA from 2012.
As such, MuseDoma has agreed to take on the Uniform Rapid Suspension rights protection mechanism. This may prove somewhat controversial among those opposed to URS being “forced” on legacy gTLD registries before it has been approved as full ICANN policy.
The way ICANN fees are calculated — .museum’s flat fees are much lower — has not changed.
.museum has had a fairly steady 450 to 600 domains under management for the entirety of its existence.
The contract is open for public comment until October 3.

HTC dumps its dot-brand

Mobile phone manufacturer HTC has become the latest dot-brand operator to get out of the new gTLD game.
The $4.3 billion-a-year Taiwanese firm has told ICANN that it no longer wishes to run .htc as a dot-brand registry and ICANN has signaled its intent to terminate the contract.
It becomes the 27th dot-brand, from the hundreds that have entered contracts over the last few years, to change its mind about owning a vanity gTLD.
Most recently, fast food chain McDonalds and kitchen utensils company Pampered Chef both dumped their respective dot-brands.
Like the previous terminations, HTC never actually did anything with .htc; it only had the contractually mandated nic.htc in its zone file.

Halloran made ICANN’s first chief data protection officer

ICANN lifer Dan Halloran has added the title of chief data protection officer to his business card.
The long-serving deputy general counsel was named ICANN’s first CDPO on Friday, continuing to report to his current boss, general counsel John Jeffrey.
Privacy is currently the hottest topic in the ICANN community, with considerable debate about how contracted parties might be able to reconcile their ICANN obligations with forthcoming European data protection legislation.
But Halloran’s new role only covers the protection of personal data that ICANN itself handles; it does not appear to give him powers in relation to ongoing discussions about how registries and registrars comply with data privacy regulations.
He will be tasked with overseeing privacy frameworks for data handling and conducting occasional reviews, ICANN said.
ICANN has on occasion messed up when it comes to privacy, such as when it accidentally published the home addresses of new gTLD applicants in 2012, or when it made sensitive applicant financial data openly searchable on its applicant portal.
Halloran joined ICANN over 17 years ago and before his deputy GC position served as chief registrar liaison.

Verisign confirms first price increase under new .net contract

Verisign is to increase the wholesale price of an annual .net domain registration by 10%, the company confirmed yesterday.
It’s the first in an expected series of six annual 10% price hikes permitted under its recently renewed registry agreement with ICANN.
The annual price of a .net registration, renewal, or transfer will go up from $8.20 to $9.02, effective February 1, 2018
If all six options are exercised, the price of a .net would be $15.27 by the time the current contract expires, including the $0.75 ICANN fee. It would be $14.52 without the ICANN fee.
The increase was confirmed by CEO Jim Bidzos as Verisign reported its second-quarter earnings yesterday.
For the quarter, Verisign saw net income go up to $123 million from $113 million a year ago, on revenue that was up 0.7% at $289 million.
It now has cash of $1.8 billion, up $11 million on a year ago.
It ended the quarter with 144.3 million .com and .net names in its registry, up 0.8% on last year and 0.68 million sequentially.

Crocker: no date on next new gTLD round

ICANN will NOT set a date for the next round of new gTLD applications, despite recent pleas from registry operators.
That’s according to a letter (pdf) from ICANN chair Steve Crocker to the Registries Stakeholder Group published today.
The RySG had asked (pdf) last month for ICANN’s leadership to set a fourth-quarter 2018 deadline for the next application window.
It said that that drawing a line in the sand would allow potential applicants to plan and would prevent current policy-development processes from being abused to delay the next round.
But Crocker says in his letter that it is up to the ICANN community, not its board of directors, to determine if and when a new round should commence. He wrote:

Once the community completes its work, the Board will consider the community’s recommendations to introduce additional new gTLDs. Without the final findings and recommendations from the review and PDP, the Board won’t be able to determine what needs to be done prior to the opening of another application process…
The Registry Stakeholder Group’s letter suggests that by setting a date for the opening of another application process, the Board will provide the community with a target date to work toward. Although the Board setting a date would achieve this, doing so might contravene the multi-stakeholder process that allows for the community to have the necessary discussions to arrive at consensus, and to determine the timing of their own work

It seems this is an instance in which the board does not like the idea of setting policy in a top-down manner.
Crocker said the two remaining gating factors for a next round are the consumer choice and competition review of the first round, which is ongoing, and the GNSO’s New gTLD Subsequent Procedures Policy Development Process (PDP).
The PDP has now been going on for 18 months and yet discussions remain at a very early stage, with hardly any preliminary recommendations being agreed upon.
There’s not even agreement on foundational issues such as whether to carry on dividing the program into discreet application rounds or to start a first-come, first-served process.
The RySG had suggested in its letter that the next window could open after certain threshold issues had been resolved but before all policy work was complete, and that at the very least ICANN staff should get to work on a new version of the Applicant Guidebook while the PDP is still ongoing.
But Crocker again responded that the staff cannot get to work on implementation until the board has considered the community’s final recommendations.
ICANN’s most recent estimates for the opening of the next round would see applications accepted in 2020, eight years after the last round.

Attendance dips for ICANN in Johannesburg

The number of people showing up for ICANN’s latest meeting was down compared to previous meetings, just-released statistics show.
The organization reported today that there were 1,353 attendees at the ICANN 59 meeting in Johannesburg last month, down from 1,436 at the comparable Helsinki meeting a year ago.
It was also down from the 2,089 people attending the Copenhagen meeting in March, but that’s to be expected due to the mid-year meeting having a shorter schedule more tightly focused on policy work.
It also seems to be typical for meetings in Africa to get lower attendance than meetings elsewhere in the world, given the relatively low participation at last year’s Marrakech meeting.
But attendance from the local region spiked again. There were 498 Africans there, 36% of the total. By comparison, just 5% of Copenhagen attendees were African.
This tilted the gender balance towards males, with declared female participation down to 31% from 33% in Copenhagen and 32% in Helsinki.
The number of people attending their first ICANN meeting was 33% of the total. That’s much higher than the 20% reported for Copenhagen. About two thirds of the noobs were from Africa.
These numbers are among the thousands of statistics released in the ICANN 59 roundup today, which for the first time included some eye-opening facts about food and drink consumption at the venue, reproduced here.

If these numbers are correct, there was one waiter or member of service staff for every 2.7 meeting attendees, which strikes me as a weirdly balanced ratio.

Empowered Community makes first symbolic exercise of power

The new “Empowered Community” of ICANN has exercised its power for the first time.
The EC on Friday told ICANN that it has approved the ICANN board of directors’ recent resolution to create a new committee tasked with handling various oversight processes.
It’s of largely symbolic importance, the first test of whether the EC process works when the issue at hand is non-controversial.
The EC is a body made up of representatives of ICANN’s Address Supporting Organization, At-Large Advisory Committee, Country Code Names Supporting Organization, Generic Names Supporting Organization and Government Advisory Committee.
Among its powers and responsibilities is the duty to accept or reject changes to ICANN’s fundamental bylaws.
Some of those bylaws concern the composition and roles of board committees, so creating a new such committee required EC assent.
All five EC members, known as Decisional Participants, approved the resolution (pdf).
The EC also has the power to reject ICANN’s budget. The deadline for exercising this power for the 2017/18 budget is approaching soon, but I’m not expecting that to happen.

Governments slammed for overreach as Amazon wins gTLD appeal

Amazon has won its appeal against the rejection of its .amazon gTLD application, in a ruling that criticizes ICANN for giving too much deference to government advice.
The Independent Review Process panel’s 2-to-1 ruling, delivered July 11 and published this week, means that .amazon and its Chinese and Japanese translations has been un-rejected and ICANN will have to consider approving it again.
The ruling (pdf) turns on the idea that ICANN’s board of directors rejected the gTLD based on nothing more than the groundless objections of a few South American governments.
Amazon’s applications were rejected three years ago when ICANN accepted the consensus advice of its Governmental Advisory Committee.
That advice, which had no attached rationale, had come largely at the behest of Brazil and Peru, two countries through which the Amazon river flows.
At issue was the word “Amazon”, which the governments protested matched the name of an important geographic region extending into several countries.
But the string was not protected by ICANN’s new gTLD program rules because it does not match the name of an administrative region of any country.
Regardless, Brazil and Peru said that to give .amazon to Amazon would prevent it being used in future by citizens of the informal South American region.
GAC consensus was reached only after the US government, for political reasons connected to the then-recent announcement of the IANA transition, decided to withdraw its objection to the advice.
Consensus, under GAC rules means simply that no one government objects to the proposed advice. It does not indicate unanimity.
But at no point in the pubic record of discussions within the GAC or ICANN board did anyone give any substantial public policy reasons for the objection, the IRP panel has now found.
Global Domains Division chief Akram Atallah testified before the panel that consensus GAC advice sets “too high for the Board to say no.”
It seems ICANN sometimes just assumes that GAC advice by default is rooted in sound public policy, even when that is not the case.
Brazil and Peru’s objections “do not appear to be based on well-founded public policy concerns that justify the denial of the applications” the panelists wrote.
The panel wrote:

We conclude that GAC consensus advice, although no reasons or rationale need be given, nonetheless must be based on a well-founded public interest concern and this public interest basis must be ascertained or ascertainable from the entirety of the record…
the Board cannot simply accept GAC consensus advice as conclusive. The GAC has not been granted a veto under ICANN’s governance documents.

So, while the GAC was under no obligation to state its reasons for objecting to .amazon, the ICANN board was obliged to state its reasons for accepting this advice beyond just “the GAC made us do it”.
As somebody who spent much of 2011 arguing that the GAC new gTLD veto was a bad idea, it’s nice to see the panel agree with me.
The GAC itself also erred by refusing to consider Amazon’s arguments in favor of its application, the IRP panel’s majority found.
Peru had publicly claimed that the string “Amazon” was protected under ICANN rules, which was not true, and Amazon did not have the opportunity to correct the record.
Amazon had also pointed out that the Brazilian oil company Ipiranga was granted its application for .ipiranga, despite its name matching the name of a Brazilian river apparently so important that it is referred to in the Brazilian national anthem.
However, the IRP panel decided that because ICANN’s board had not taken any action on .ipiranga, there was no basis for it to consider whether Amazon had been unfairly subject to different treatment.
In conclusion, this is what the panel has sent to the board:

The Panel recommends that the Board of ICANN promptly re-evaluate Amazon’s applications in light of the Panel’s declarations above. In its re-evaluation of the applications, the Board should make an objective and independent judgment regarding whether there are, in fact, well-founded, merits-based public policy reasons for denying Amazon’s applications. Further, if the Board determines that the applications should not proceed, the Board should explain its reasons supporting that decision. The GAC consensus advice, standing alone, cannot supplant the Board’s independent and objective decision with a reasoned analysis.

It seems Amazon’s chances of having .amazon approved have improved. If ICANN wants to reject the applications again it is going to have to come up with some good reasons, some good reasons that possibly do not exist.
The panel also ordered ICANN to reimburse Amazon for the $163,045.51 it spent on the IRP.

ICANN gives the nod to Donuts-Rightside merger

ICANN has given its consent to the acquisition of Rightside by rival new gTLD registry Donuts, according to the companies.
The nod means that one barrier to the $213 million deal has been lifted.
Rightside, which is listed on Nasdaq, still needs the majority of its shareholders to agree to the deal and to satisfy other customary closing conditions.
ICANN approval does not mean the organization has passed any judgment about whether the deal is pro-competition or anything like that, it just means it’s checked that the buyer has the funds and the nous to run the TLDs in question and is compliant with various policies.
All new gTLD Registry Agreements given ICANN the right to consent — or not — to the contract being assigned to a third party.
The acquisition was announced last month at the end of a turbulent year or so for Rightside.

Junk drop cuts .xyz in half, .top claims volume crown

The .xyz gTLD has seen its zone file halve in size, as millions of free and cheap domains were not renewed.
The former volume leader among new gTLDs started this month with a tad over 5.2 million domains in its zone.
But its July 17 zone contained 2.5 million, much less than half as many, DI analysis shows.
The precipitous decline means that Chinese-run gTLD .top, increasingly notorious as a go-to TLD for spammers, is now literally at the top of the league table, when you measure new gTLDs by zone file volume, with 2.6 million names.
The primary reason for .xyz losing so many names is of course the expiration of most of the domains that were sold for just $0.01 — or given away for free — in the first few days of June 2016, and the aggressive promotional pricing on offer for the remainder of that month.
On May 30, 2016, there were just under 2.8 million names in the .xyz zone. By July 1, 2016, that number had topped 6.2 million, an increase of 3.4 million over a single month.
That was .xyz’s peak. The zone has been in gradual decline ever since.
Domains generally take 45 days to drop, so it’s entirely possible XYZ.com will see further losses over the next month or so.
There’s nothing unusual about seeing a so-called “junk drop” a year after a TLD launches or runs a free-domains promotion. It’s been well-understood for over a decade and has been anticipated for .xyz for over a year.
But compounding its problems, the .xyz registry appears to still be banned in China, where a substantial portion of its former customer base is located.
The company disclosed over two months ago that it had a “temporary” problem that had seen its license to sell domains via Chinese registrars suspended.
The ban was related to XYZ falling out with its original “real name verification” provider, ZDNS, which was tasked with verifying the identities of Chinese registrants per local government regulations.
I’ve never been able to confirm with either party the cause of this split, but everyone else involved in the Chinese market I’ve asked has told me it related to a dispute over money.
Regardless, two months later the major Chinese registrars I checked today still appear to not be carrying .xyz names.
XYZ has meanwhile signed up with alternative Chinese RNV provider Tele-info, and just three days ago submitted the necessary paperwork (pdf) with ICANN to have the move approved as a registry service under its contract.
In that request, XYZ said the new RNV service “will allow XYZ to reenter certain domain name markets”, suggesting that it has not yet regained Chinese government approval to operate there.