Double-charging claims as registries ramp up new gTLD refund demands

Registry operators have stepped up demands for ICANN to dip into its $100 million new gTLD cash pile to temporarily lower their “burdensome” accreditation fees.
A new missive from the Registries Stakeholder Group to ICANN this week also introduces a remarkable claim that ICANN may have “double charged” new gTLD applications to the tune of potentially about $6 million.
The RySG wants ICANN to reduce the quarterly fixed fees new gTLD registries must pay by 75% from the current $6,250, for a year, at a cost to ICANN of $16.87 million.
ICANN still has roughly $96 million in leftover money from the $185,000 per-TLD application fees paid in 2012, roughly a third of which had been earmarked for unexpected expenses.
When Global Domains Division president Akram Atallah refused this request in August, he listed some of the previously unexpected items ICANN has had to pay for related to the program, one of which was “implementation of the Trademark Clearinghouse”.
But in last week’s letter (pdf), the RySG points out that each registry was already billed an additional $5,000 fee specifically to set up the TMCH.

Your letter states that registry operators knew about the fee structure from the start and implies that changes of circumstance should be irrelevant. The TMCH charge, however, was not detailed in the applicant guidebook. ICANN added it on its own after all applications were accepted and without community input. Therefore, ICANN is very much in a position to refund registry operators for this overcharge, and we request that ICANN do so. Essentially, you would be refunding the amounts we paid with our own application fees, which should have been used to set up the TMCH in the first place.

These additional fees could have easily topped $6 million, given that there are over 1,200 live new gTLDs.
Was this a case of double-charging, as the RySG says?
My gut feeling is that Atallah probably just forgot about the extra TMCH fee and misspoke in his August letter. The alternative would be a significant accounting balls-up that would need rectifying.
RySG has asked ICANN for a “detailed accounting” of its new gTLD program expenses to date. If produced, that could clear up any confusion.
Group chair Paul Diaz, who signed the letter, has also asked for a meeting with Atallah at the Abu Dhabi public meeting later this month, to discuss the issue.
The letter also accuses ICANN of costing applicants lost revenue by introducing policies such as the ban on two-letter domains, increased trademark protections, and other government-requested restrictions that were introduced after application fees had already been paid.
The tone of the letter is polite, but seems to mask an underlying resentment among registries that ICANN has not been giving them a fair chance to grow their businesses.
UPDATE: This story was updated October 12 to correct the estimate of the total amount of TMCH setup fees collected.

Election season at ICANN

Two significant votes are coming up soon in the ICANN community, with the GNSO Council looking for a new chair and the ccNSO ready to select a new appointee for the ICANN board of directors.
The ccNSO election will see an actual contest for what is believed to be the first time, with at least two candidates fighting it out.
The GNSO vote is rather less exciting, with only one candidate running unopposed.
It seems Heather Forrest, an intellectual property lawyer, occasional new gTLD consultant, and professor at the University of Tasmania, will replace GoDaddy VP of policy James Bladel as Council chair a month from now.
Forrest, currently a vice-chair, was nominated by the Non-Contracted Parties House.
The Contracted Parties House (registries and registrars), evidently fine with Forrest taking over, decided not to field a candidate, so the November 1 vote will be a formality.
In the ccNSO world, the country-codes are electing somebody to take over from Mike Silber on the ICANN board, a rather more powerful position, when his term ends a year from now.
Nominations don’t close until a week from now, but so far there are two candidates: Nigel Roberts and Pierre Ouedraogo.
Roberts, nominated for the job by Puerto Rico, runs a collection of ccTLDs for the British Channel Islands.
Ouedraogo is from Burkina Faso but does not work for its ccTLD. He is a director of the Francophone Institute for Information and New Technologies. He was nominated by Kenya.
Both men are long-time participants in ICANN and the ccNSO.
Roberts, who currently sits on the ccNSO Council, tells me he believes it’s the first time there’s been a contested election for a ccNSO-appointed ICANN board seat since the current system of elections started in 2003.
Silber has been in the job for eight years and is term-limited so cannot stand again. The other ccNSO appointee, Chris Disspain, will occupy the other seat for another two years.

In harsh tones, ccNSO rejects NomCom appointee

ICANN’s Country Code Names Supporting Organization has rejected the appointment to its Council of a Canadian registry director.
Saying NomCom ignored long-standing guidance to avoid appointing registry employees, the ccNSO Council has said the recent naming of Marita Moll to the role is “unacceptable”.
Moll will have to choose between sitting on the Council and being a director of .ca registry CIRA, the Council said in a letter to NomCom and the ICANN board.
Three of the Council’s 18 voting members are selected by NomCom. The rest are elected from ccTLD registries, three from each of ICANN’s five geographic regions.
To maintain balance, and promote independent views, the Council told NomCom most recently back in 2012 that it should refrain from appointing people connected to ccTLD registries.
The new Council letter (pdf) reads:

Council’s view (none dissenting) is that your Committee’s proposed selection directly contravenes this requirement, notwithstanding the clear and explicit assurance we received in 2012 from the then Chair of Nominating Committee that the Committee would be “avoiding any member already belonging to the ccTLD management participating in the ccNSO”.

The situation is exacerbated by the fact that CIRA already has representation on the Council in the form of CEO Byron Holland.
The letter concludes that the conflict is “irreconcilable” and the appointment “unacceptable”.
As the ccNSO does not appear to have refusal powers on NomCom appointees, it will presumably be up to Moll to decline the appointment.

New gTLDs still a crappy choice for email — study

New gTLDs may not be the best choice of domain for a primary email address, judging by new research.
Over 20% of the most-popular web sites do not fully understand email addresses containing long TLDs, and Arabic email addresses are supported by fewer than one in 10 sites, a study by the Universal Acceptance Steering Group has found.
Twitter, IBM and the Financial Times are among those sites highlighted as having only partial support for today’s wide variety of possible email addresses.
Only 7% of the sites tested were able to support all types of email address.
The study, carried out by Donuts and ICANN staff, looked at 749 websites (in the top 1,000 or so as ranked by Alexa) that have forms for filling in email addresses.
On each site, seven different email addresses were input, to see whether the site would accept them as valid.
The emails used different combinations of ASCII and Unicode before the dot and mixes of internationalized domain name and ASCII at the second and top levels.
These were the results (click to enlarge or download the PDF of the report here):

The problem with these numbers, it seems to me, is the lack of a control. There’s no real baseline to judge the numbers against.
There’s no mention in the paper about testing addresses that use .com or decades-old ccTLDs, which would have highlighted web sites that with broken scripts that reject all emails.
But if we assume, as the paper appears to, that all the tested web sites were 100% compliant for .com domains, the scores for new gTLDs are not great.
There are currently over 800 TLDs over four characters in length, but according to the UASG research 22% of web sites will not recognize them.
There are 150 IDN TLDs, but a maximum of 30% of sites will accept them in email addresses.
When it comes to right-to-left scripts, such as Arabic, the vast majority of sites are totally hopeless.
UASG dug into the code of the tested sites when it could and found that most of them use client-side code — JavaScript processing a regular expression — to verify addresses.
A regular expression is complex bit of code that can look something like this: /^.+@(?:[^.]+\.)+(?:[^.]{2,})$
It’s not every coder’s cup of tea, but it can get the job done with minimal client-side resource overheads. Most coders, the UASG concludes, copy regex they found on a forum and maybe tweak it a bit.
This should not be shocking news to anyone. I’ve known about it since 2009 or earlier when I first started ripping code from StackOverflow.
However, the UASG seems to be have been working on the assumption that more sites are using off-the-shelf software libraries, which would have allowed the problem to be fixed in a more centralized fashion.
It concludes in its paper that much greater “awareness raising” needs to happen before universal acceptance comes closer to reality.

ICANN just came thiiis close to breaking the internet

ICANN has decided to postpone an unprecedented change at the DNS root after discovering it could break internet for potentially millions of users.
The so-called KSK Rollover was due to go ahead on October 11, but it’s now been pushed back to — tentatively — some time in the first quarter 2018.
The delay was decided after ICANN realized that there were still plenty of ISPs and network operators that weren’t ready for the change.
Had ICANN gone ahead anyway with the change anyway, it could have seen subscribers of affected ISPs lose access to millions of DNSSEC-supporting domain names.
So the postponement is a good thing.
A KSK or Key Signing Key is a public-private cryptographic key pair used to sign other keys called Zone Signing Keys. The root KSK signs the root ZSK and is in effect the apex of the DNSSEC hierarchy.
The same KSK has been in operation at the root since 2010, when the root was first signed, but it’s considered good practice to change it every so often to mitigate the risk of brute-force attacks against the public key.
While it’s important enough to get dramatized in US spy shows, in practice it only affects ISPs and domain names that voluntarily support DNSSEC.
ICANN estimates that 750 million people use DNSSEC, which is designed to prevent problems such as man-in-the-middle attacks against domain names.
That’s a hell of a lot of people, but it’s still a minority of the world’s internet-using population. It’s not been revealed how many of those would have been affected by a premature rollover.
When DNSSEC fails, people whose DNS resolvers have DNSSEC turned on (Comcast and Google are two of the largest such providers) can’t access domain names that have DNSSEC turned on (such as domainincite.com).
Preventing the internet breaking is pretty much ICANN’s only job, so it first flagged up its intention to roll the root KSK back in July last year.
In July this year, the new public KSK was uploaded as part of a transition phase that is seeing the 2010 keys and 2017 keys online simultaneously.
Last year, CTO David Conrad told us the long lead time and cautious approach was necessary to get the word out that ISPs needed to test their resolvers to make sure they would work with the new keys.
In June, ICANN CEO Goran Marby spammed the telecommunications regulators in every country in the world with a letter (pdf) asking them to coordinate their home ISPs to be ready for the change.
The organization’s comms teams has also been doing a pretty good job getting word of the rollover into the tech press over the last few months.
But, with a flashback to the new gTLD program, that outreach doesn’t seem to have reached out as far as it needed to.
ICANN said last night that a “significant number” of ISPs are still not ready for the rollover.
It seems ICANN only became aware of this problem due to a new feature of DNS that reports back to the root which keys it is configured to use.
Without being able to collate that data, it’s possible it could have been assumed that the situation was hunky-dory and the rollover might have gone ahead.
ICANN still isn’t sure why so many resolvers are not yet ready for the 2017 KSK. It said in a statement:

There may be multiple reasons why operators do not have the new key installed in their systems: some may not have their resolver software properly configured and a recently discovered issue in one widely used resolver program appears to not be automatically updating the key as it should, for reasons that are still being explored.

It’s not clear why the broken resolver software has not been named — one would assume that getting the word out would be a priority unless issues of responsible disclosure were in play.
ICANN said it is “reaching out to its community, including its Security and Stability Advisory Committee, the Regional Internet Registries, Network Operator Groups and others to help explore and resolve the issues.”
The organization is hopeful that it will be able to go ahead with the rollover in Q1 2018, but noted that would be dependent on “more fully understanding the new information and mitigating as many potential failures as possible.”
While it’s excellent news that ICANN is on top of the situation, the delay is unlikely to do anything to help the perception that DNSSEC is mainly just an administrative ball-ache and far more trouble than it’s worth.

Chalaby named next ICANN chair

Cherine Chalaby is to be the next chair of ICANN.
In a case of burying the lede extreme even by ICANN standards, current chair Steve Crocker announced the news in the 11th paragraph of a blog post entitled “Chairman’s Blog: The Montevideo Workshop Wrap-Up” this evening.
Crocker wrote: “the Board had an opportunity to participate in the discussion of the Board’s future leadership, and have indicated unanimous support for the future election of Cherine Chalaby as the next Chair of the ICANN Board.”
No formal election has happened yet, but the board decided to come to a consensus on which way they will vote anyway.
Chris Disspain has been selected future vice-chair using the same informal process, Crocker wrote.
The actual raising of hands will take place during the board’s Annual General Meeting in Abu Dhabi at ICANN 60 in early November.
Chalaby was born in Egypt, also holds British citizenship, and lives in ICANN’s home town of Los Angeles.
He’s the first ICANN chair to come from the financial services world, having served a career at Accenture before joining Rasmala Investments.
He’s been a member of the ICANN board since the Nominating Committee selected him in December 2010 and was elected vice-chair a few years back.
His stint as chair will not be long. I believe he’s term-limited and will have to step aside at the end of 2019.
Crocker, an early internet pioneer, has been chair since 2011. No doubt ICANN is planning a big send-off for him at ICANN 60.

Millions spent as three more new gTLDs auctioned

Two or three new gTLDs have been sold in a private auction that may well have seen over $20 million spent.
The not-yet-delegated strings .inc, .llc and (I think) .llp hit the block at some point this month.
They are the first new gTLDs to be auctioned since Verisign paid $135 million for .web a little over a year ago.
At this point, nobody wants to talk about which applicant(s) won which of the newly sold strings, but it seems that the proceeds ran into many millions.
MMX, which applied for .inc and .llc, said this morning that it has benefited from a $2.4 million windfall by losing both auctions.
The auctions evidently took place in September, but CEO Toby Hall declined to comment any further, citing non-disclosure agreements.
There were nine remaining applicants for .inc and eight for .llc.
I don’t think it’s possible to work out which sold for how much using just MMX’s disclosure.
But private auctions typically see the winning bid divided equally between the losers.
I believe .llp was probably sold off by auction at the same time.
The reason for this is that .llc, .inc and .llp were contention sets all being held up by one applicant’s dispute with ICANN.
Dot Registry LLC had applied for all three as “community” gTLDs, which meant it had to go through the Community Evaluation Process.
While it failed the CPE on all three counts, the company subsequently filed an Independent Review Process complaint against ICANN, which it won last August.
You may recall that this was the IRP that found disturbing levels of ICANN meddling in the drafting of the CPE panel’s findings.
Ever since then, ICANN has been conducting an internal review, assisted by outside experts, into how the CPE process worked (or didn’t).
Lawyers for Dot Registry and other affected applications (for .music and .gay) have been haranguing ICANN all year to get a move on and resolve the issue.
And yet, just as the end appeared to be in sight, Dot Registry seems to have decided to give up (or, possibly, cash out) and allow the strings to go to auction.
CEO Shaul Jolles declined to comment on the auctions today.
All I can currently tell you is that at least two of the Dot Registry holdout strings have been sold and that MMX did not win either of them.
The applicants for .inc were: Uniregistry, Dot Registry, Afilias, GMO, GTLD Limited, MMX, Nu Dot Co (now a known Verisign front), Donuts and Google.
The applicants for .llc were: MMX, Dot Registry, Nu Dot Co, Donuts, Afilias, Top Level Design, myLLC and Google.

More delay for Amazon as ICANN punts rejected gTLD

Amazon is going to have to wait a bit longer to discover whether its 2012 application for the gTLD .amazon will remain rejected.
ICANN’s board of directors at the weekend discussed whether to revive the application in light of the recent Independent Review Process panel ruling that the bid had been kicked out for no good reason.
Instead of making a firm decision, or punting it to the Government Advisory Committee (as I had predicted), the board instead referred the matter to a subcommittee for further thought.
The newly constituted Board Accountability Mechanisms Committee, which has taken over key functions of the Board Governance Committee, has been asked to:

review and consider the Panel’s recommendation that the Board “promptly re-evaluate Amazon’s applications” and “make an objective and independent judgment regarding whether there are, in fact, well-founded, merits-based public policy reasons for denying Amazon’s applications,” and to provide options for the Board to consider in addressing the Panel’s recommendation.

The notion of a “prompt” resolution appears to be subjective, but Amazon might not have much longer to wait for a firmer decision.
While the BAMC’s charter requires it to have meetings at least quarterly, if it follows the practice of its predecessor they will be far more frequent.
It’s possible Amazon could get an answer by the time of the public meeting in Abu Dhabi at the end of next month.
ICANN’s board did also resolve to immediately pay Amazon the $163,045.51 in fees the IRP panel said was owed.
The .amazon gTLD application, along with its Chinese and Japanese versions, was rejected by ICANN a few years ago purely on the basis of consensus GAC advice, led by the geographic name collisions concerns of Peru and Brazil.
However, the IRP panel found that the GAC advice appeared to based on not a great deal more than whim, and that the ICANN board should have at least checked whether there was a sound rationale to reject the bids before doing so.

L’Oreal is using “closed generic” .makeup in an interesting way

What do you call a registry that defensively registers names on behalf of the very people that would be its most likely customers if the TLD weren’t so hideously overpriced?
L’Oreal, apparently.
About half of its .makeup new gTLD comprises the names or nicknames of social media “influencers” in the make-up scene, and they all seem to belong to the registry.
Ironically, these are precisely the kind of people you’d expect to actually go out and register .makeup domains, if they didn’t cost close to $7,000 a pop.
L’Oreal put a $5,500 wholesale price-tag on .makeup domains, evidently as a Plan B to avoid actually having to sell names to people, after its original plan to keep the string as a “closed generic” failed due to ICANN politicking.
As you might expect, uptake has been minimal. The zone file currently has about 266 domains in it.
Beyond L’Oreal itself, there are defensive registrations by companies not remotely related to the make-up industry, such as BMW and Intuit, and registrations by competing companies in the cosmetics industry, such as Christian Dior and Estee Lauder.
But there are also something like 150 .makeup domains that were all registered at the same time, this April, representing the names and social media handles of young women who post YouTube videos about makeup for their often thousands of subscribers.
It turns out these women are all participants (willing, it seems) in WeLove.Makeup, a web site created by L’Oreal to promote its products.
The site is basically a social media aggregator. Each “influencer” has their own page, populated by their posts from YouTube, Instagram, Twitter, and such. It’s maintained by Findie, which specializes in that kind of thing.
The domains matching the participants names do not resolve to the site, however. They’re all registered to L’Oreal’s registry management partner Fairwinds and resolve to ad-free registrar parking pages.
The names were registered via 101Domain, which prices .makeup names at $6,999, but I’ve no idea what payment arrangement Fairwinds/L’Oreal has for this kind of thing.
This is what a wannabe closed generic can look like, it seems — the registry pricing its customers out of the market then registering their names on their behalf anyway.
Is this “innovation”?

Will ICANN punt on .amazon again?

Amazon is piling pressure onto ICANN to finally approve its five-year-old gTLD applications for .amazon, but it seems to me the e-commerce giant will have a while to wait yet.
The company sent a letter to ICANN leadership this week calling on it to act quickly on the July ruling of an Independent Review Process panel that found ICANN had breached its own bylaws when it rejected the .amazon and and Chinese and Japanese transliterations.
Amazon’s letter said:

Such action is necessary because there is no sovereign right under international or national law to the name “Amazon,” because there are no well-founded and substantiated public policy reasons to block our Applications, because we are committed to using the TLDs in a respectful manner, and because the Board should respect the IRP accountability mechanism.

ICANN had denied the three applications based on nothing more than the consensus advice of its Governmental Advisory Committee, which had been swayed by the arguments of primarily Brazil and Peru that there were public policy reasons to keep the gTLD available for possible future use by its own peoples.
The string “Amazon”, among its many uses, is of course the name of a river and a rain forest that covers much of the South American continent.
But the IRP panel decided that the ICANN board should have at least required the GAC to explain its public policy arguments, rather than just accepting its advice as a mandate from on-high.
Global Domains Division chief Akram Atallah had testified before the panel that consensus GAC advice sets a bar “too high for the Board to say no.”
But the governmental objections “do not appear to be based on well-founded public policy concerns that justify the denial of the applications” the IRP panelists wrote.
The panel, in a 2-to-1 ruling, instructed ICANN to reopen Amazon’s applications.
Since the July ruling, ICANN’s board has not discussed how to proceed, but it seems likely that the matter will come up at its Montevideo, Uruguay retreat later this month.
No agenda for this meeting has yet been published, but there will be an unprecedented public webcast of the full formal board meeting, September 23.
The Amazon letter specifically asks the ICANN board of directors to not refer the .amazon matter back to the GAC for further advice, but I think that’s probably the most likely outcome.
I say this largely because while ICANN’s bylaws specifically allow it to reject GAC advice, it has cravenly avoided such a confrontation for most of its history.
It has on occasion even willfully misinterpreted GAC advice in order to appear that it has accepted it when it has not.
The GAC, compliantly, regularly provides pieces of advice that its leaders have acknowledged are deliberately vague and open to interpretation (for a reason best known to the politicians themselves).
It seems to me the most likely next step in the .amazon case is for the board to ask the GAC to reaffirm or reconsider its objection, giving the committee the chance to save face — and avoid a lengthy mediation process — by providing the board with something less than a consensus objection.
If ICANN were to do this, my feeling is that the GAC at large would probably be minded to stick to its guns.
But it only takes one government to voice opposition to advice for it to lose its “consensus” status, making it politically much easier for ICANN to ignore.
Hypothetically, the US government could return to its somewhat protectionist pre-2014 position of blocking consensus on .amazon, but that might risk fanning the flames of anti-US sentiment.
While the US no longer has its unique role in overseeing ICANN’s IANA function, it still acts as the jurisdictional overlord for the legal organization, which some other governments still hate.
A less confrontational approach might be to abstain and to allow friendly third-party governments to roadblock consensus, perhaps by emphasizing the importance of ICANN being seen to accountable in the post-transition world.
Anyway, this is just my gut premonition on how this could play out, based on the track records of ICANN and the GAC.
If ICANN can be relied on for anything, it’s to never make a decision on something today if it can be put off until tomorrow.