ICANN pimps new sexual harassment rules

ICANN has proposed new anti-harassment guidelines for its community that would ban “unwelcome hostile or intimidating behavior”.
It wants your comments on the changes to its longstanding “Expected Standards of Behavior” document, which applies to both its in-person meetings and online discussions and mailing lists.
The proposed addition to the document reads like this:

Respect all members of the ICANN community equally and behave according to professional standards and demonstrate appropriate behavior. ICANN strives to create and maintain an environment in which people of many different backgrounds and cultures are treated with dignity, decency, and respect. Specifically, participants in the ICANN process must not engage in any type of harassment. Generally, harassment is considered unwelcome hostile or intimidating behavior — in particular, speech or behavior that is sexually aggressive or intimidates based on attributes such as race, gender, ethnicity, religion, age, color, national origin, ancestry, disability or medical condition, sexual orientation, or gender identity.

The definition of harassment has been borrowed almost directly from the Internet Engineering Task Force’s policy on harassment, which was signed off in 2013.
ICANN has added the words “ethnicity” and “medical condition” to the IETF’s list of protected characteristics, but has not included the IETF’s list of examples:

the use of offensive language or sexual imagery in public presentations and displays, degrading verbal comments, deliberate intimidation, stalking, harassing photography or recording, inappropriate physical contact, and unwelcome sexual attention.

The changes were prompted by a recent allegation of sexual harassment at an ICANN meeting which divided the community on whether the alleged incident amounted to sexual harassment or not.
ICANN’s Ombudsman, Chris LaHatte, concluded that whatever took place “cannot be considered serious”, but he did not make a formal finding.
LaHatte has already endorsed the proposed change to the expected standards document.
It does not seem unreasonable to me, at first glance, either.
What do you think? ICANN has opened a public comment period that closes June 25, to find out.

Donuts quietly buys .shopping from Uniregistry (and .jetzt)

Just a few months after Uniregistry bought out Donuts to win .shopping, Donuts has bought the pre-launch gTLD back.
Donuts has also bought live gTLD .jetzt from a Swedish company.
The .shopping deal is a weird one.
Uniregistry and Donuts were the only two applicants for .shopping, until Uniregistry paid Donuts to withdraw its application back in January.
Uniregistry went on to sign its ICANN Registry Agreement in March, but less than a month later, April 27, transferred the contract to Donuts.
.shopping had been entangled in the .shop contention set, which was eventually resolved when GMO Registry paid $41.5 million at ICANN auction.
Despite the unusual circumstances, Uniregistry CEO Frank Schilling said today it was just the simple sale of a string. Donuts declined to comment. Neither revealed a price.
The second Donuts acquisition, closed April 26, was of .jetzt, which was applied for, delegated to and managed by New TLD Company AB of Sweden.
That gTLD, which is German for “.now”, has been in general availability for almost two years but has only 5,600 names in its zone file.
Donuts declined to comment, but it seems to me we’re looking at a failing gTLD looking for a white knight in this instance.

Radix joins the Hollywood content police

Radix has become the second major gTLD registry to announce a content policing deal with the movie industry.
It today said it has signed an agreement with the Motion Picture Association of America similar to the one Donuts announced in February.
Like Donuts, Radix will treat the MPAA as a “trusted notifier” for the purposes of taking down “large-scale pirate websites”.
Radix said the deal “imposes strict standards for such referrals, including that they be accompanied by evidence of clear and pervasive copyright infringement, and a representation that the MPAA has first attempted to contact the registrar and hosting provider for resolution.”
Donuts described its notifier program in this document (pdf). Radix said its arrangement is “similar”.
The Donuts-MPAA deal proved somewhat controversial.
The Electronic Frontier Foundation invoked the slippery slope argument, saying of it:

The danger in agreements like this is that they could become a blanket policy that Internet users cannot avoid. If what’s past is prologue, expect to see MPAA and other groups of powerful media companies touting the Donuts agreement as a new norm, and using it to push ICANN and governments towards making all domain name registries disable access to an entire website on a mere accusation of infringement.

The EFF said these kinds of deals could ultimately lead to legal freedom of speech being curtailed online.
We’re not quite there yet — right now we have two gTLD registries (albeit covering over 200 gTLDs) and one trusted notifier — but I expect more similar deals in future, branching out into different industries such as music and pharamaceuticals.
The deals stem in part from the Domain Name Association’s Healthy Domains Initiative, which aims to avoid ICANN/government regulation by creating voluntary best practices for the industry.
The advantage of a voluntary arrangement is that there’s no risk of a terminal sanction — such as losing your registry contract — if you fail to live up to its terms.
Radix’s portfolio includes .website, .space, .online and .tech. It’s also a .music and .web applicant.

WordPress reveals IT bought .blog for $19 million

WordPress.com owner Automattic has outed itself as the bankroll behind the winner of the .blog auction and the new owner of the forthcoming new gTLD.
Founder Matt Mullenweg also revealed that the company paid around $19 million for the domain at private auction in February 2015, about $1 million more than the amount DI estimated at the time.
Until now, the winning .blog applicant, which fought off competition from eight competitors including Google, M+M, Radix and Donuts, was only known as Primer Nivel.
Primer Nivel is a Panamanian company previously described to DI as an investment vehicle with links to Colombian registrar My.co.
To the best of my knowledge, Automattic’s involvement with the bid has never even been hinted at, but Automattic founder Matt Mullenweg said in a blog post last night that it has been involved since well before the auction took place.

It’s now public that Automattic is the company behind Knock Knock Whois There LLC, the registry for the new .blog TLD. (And a great pun.) We wanted to stay stealth while in the bidding process and afterward in order not to draw too much attention, but nonetheless the cost of the .blog auction got up there (people are estimating around $20M).

An earlier version of the blog post put the price at “about $19m”, as captured by Google.

ICANN approved the reassignment of the .blog contract from Primer Nivel to Knock Knock WHOIS There on April 29.
In the original Primer Nivel application, only My.co CEO Gerardo Aristizabal and VP of business development Carlos Neira were listed as shareholders of 15% or more of the company in its answer to question 11 of the application form.
ICANN processed a change request to the question 11 answer in March 2014, but did not publish the result of the change. It may merely have been a change of personal contact information.
One has to wonder whether, had WordPress’ involvement in Primer Nivel been public, the .blog auction could have fetched even more.
One might imagine that Google, which competes with WordPress with its Blogger service, would have viewed .blog as more threatening in a rival’s hands.
But Primer Nivel and now Automattic/KKWT appear to have no intention to make .blog a WordPress-exclusive gTLD. The original application stated that it would be open to all, and ICANN has since banned so-called “closed generics”.
The registry has already opened a web site at kkwt.domains, which is currently pitching the product to accredited registrars.
It says it plans to go to general availability and “activate” 250,000 .blog domains before the end of the year.
Automattic obtained an ICANN registrar accreditation back in October 2010 but to date has not sold a single domain via that accreditation.
It offers WordPress.com hosting customers domain registrations, but I believe it does so as a GoDaddy reseller.
.blog is currently in “transition to delegation” and it’s probably only a matter of days before it is delegated to the internet.
Mullenweg blogged that the sunrise period is expected to start in August, with and October landrush.
Pricing is expected to be in line with current industry standards, including premium tiers.
The gTLD has always been one of my favorites, and having WordPress backing it will almost certainly make it more successful than if the registry were an independent third party, possibly raising the profile of new gTLDs as a whole.

World’s first vanity gTLD goes live

Hong Kong billionaire Richard Li has become the first person to own a top-level domain matching his name.
The new gTLD .richardli went live on the internet today.
The registry is Pacific Century Asset Management (HK) Limited, a subsidiary of PCCW, the Hong Kong telecomms and internet giant of which Li is chair.
Forbes estimated Li’s personal wealth in 2015 at $4.7 billion, making him the 360th richest guy in the world.
The gTLD is a pure brand-protection play, according to the 2012 application, which states:

An important goal of the TLD is the safeguard of the intellectual property right of our Chairman’s name Richard Li.
…
The establishment of the .richardli TLD on the Internet safeguards our brand’s intellectual property right (in this case, our Chairman’s name Richard Li). PCCW has invested substantially in the online areas and will continue to do so.

There are no domains currently resolving in .richardli, though we should expect nic.richardli to start resolving in the coming days.
I believe .richardli was the only applied-for new gTLD that exactly matches a specific individual’s personal name.
A handful of gTLDs representing PCCW’s brands in Latin and Chinese scripts also went live today.

Afilias takes over .hotel, sidelines Krischenowski over hacking claims

Afilias has sought to distance itself from DotBerlin CEO Dirk Krischenowski, due to ongoing claims that he improperly accessed secret data on rival .hotel applicants.
The company revealed in a recent letter to ICANN that it has bought out Krischenowski’s 48.8% stake in successful .hotel applicant Hotel Top Level Domain Sarl and that Afilias will become the sole shareholder of HTLD.
The move is linked to claims that Krischenowski exploited a glitch in ICANN’s new gTLD applicants’ portal to access confidential financial and technical information belonging to rival .hotel applicants.
These competing applicants have ganged up to demand that HTLD should lose its rights to .hotel, which it obtained by winning a controversial Community Priority Evaluation.
Afilias chairman Philipp Grabensee, now “sole managing director” of HTLD, wrote ICANN last month (pdf) to explain the nature of the HTLD’s relationship with Krischenowski and deny that HTLD had benefited from the alleged data compromise.
He said that, at the time of the incidents, Krischenowski was the 50% owner and managing director of a German company that in turn was a 48.8% owner of HTLD. He was also an HTLD consultant, though Grabensee played down that role.
He was responding to a March ICANN letter (pdf) which claimed that Krischenowski’s portal credentials were used at least eight times to access confidential data on .hotel bids. It said:

It appears that Mr Krischenowski accessed and downloaded, at minimum, the financial projections for Despegar’s applications for .HOTEL, .HOTEIS and .HOTELES, and the technical overview for Despegar’s applications for .HOTEIS and .HOTEL. Mr Krischenowski appears to have specifically searched for terms and question types related to financial or technical portions of the application.

Krischenowski has denied any wrongdoing and told DI last month that he simply used the portal assuming it was functioning as intended.
Grabensee said in his letter that any data Krischenowski may have obtained was not given to HTLD, and that his alleged actions were not done with HTLD’s knowledge or consent.
He added that obtaining the data would not have helped HTLD’s application anyway, given that the incident took place after HTLD had already submitted its application. HTLD did not substantially alter its application after the incident, he said.
HTLD’s rival .hotel applicants do not seem to have alleged that HTLD won the contention set due to the confidential data.
Rather, they’ve said via their lawyer that HTLD should be disqualified on the grounds that new gTLD program rules disqualify people who have been convicted of computer crime.
Even that’s a bit tenuous, however, given that Krischenowski has not been convicted of, or even charged with, a computer crime.
The other .hotel applicants are Travel Reservations, Famous Four Media, Radix, Minds + Machines, Donuts and Fegistry.
ICANN is now pressing HTLD for more specific information about Krischenowski’s relationship with HTLD at specific times over the last few years, in a letter (pdf) published last night, so it appears that its overdue investigation is not yet complete.

.flir becomes the 1,300th TLD

There are now 1,300 top-level domains live on the internet.
The milestone was hit today when the dot-brand .flir was delegated to FLIR Systems, a $1.5 billion-a-year thermal imaging systems manufacturer.
Its nic.flir domain is now live and currently redirects to existing sites in other TLDs.
According to the DI database, there are 292 ccTLDs, of which 45 are internationalized domain names.
There are 1,008 gTLDs of which 84 are IDNs; 985 were applied for in the 2012 new gTLD application round.
Of the gTLDs, 347 are dot-brands (defined as where the registry has signed Spec 9 and/or Spec 13 of the new gTLD Registry Agreement).

ZACR wades into .africa lawsuit, tells judge he screwed up

ZA Central Registry has told the judge in DotConnectAfrica’s lawsuit against ICANN that the preliminary injunction he granted DCA recently was based on a misunderstanding.
The injunction, granted a month ago, prevents ICANN delegating the .africa gTLD to ZACR until the lawsuit reaches a conclusion.
But, in papers filed Friday, ZACR points out that the judge screwed up in his reasoning. Judge Gary Klausner’s ruling was “predicated upon a key factual error”, ZACR says.
The error is the same one I wrote about last month — the judge thinks DCA originally passed the Geographic Names Review of its Initial Evaluation for .africa, and that ICANN later failed it anyway.
In fact, DCA never passed the GNR, and the document the judge cites in his ruling is actually ZACR’s Initial Evaluation report.
The GNR is the bit of the evaluation where both .africa applicants had to prove they had support from 60% of African governments and no more than one African governmental objection.
ZACR said in one of its Friday filings (pdf):

The record is undisputed that DCA’s application had not passed the geographic names evaluation process. And it could not because DCA did not have the requisite support of 60% or more of the African Union governments. Further, DCA’s application had been the subject of 17 “Early Warning” submissions by African Union governments. Correcting for this factual error, the record is clear that DCA has no likelihood of success in this litigation.

ZACR also says Klausner erred by saying .africa could only be delegated once, saying that TLDs can be redelegated to different operators after their initial delegation.
It’s filed a motion asking the judge to “reconsider and vacate” his preliminary injunction ruling.
ZACR is now named as a defendant in the lawsuit, which originally only named ICANN and unidentified parties.
ICANN has dropped its motion to dismiss the case and last week filed its answer (pdf) to DCA’s complaint, in which it denies any wrongdoing.
ICANN appears to be happy to let the judge’s mistake slide, or at least to allow ZACR to burden the risk of potentially pissing him off by highlighting his error.

Donuts wins .doctor

Donuts has emerged the victor of the .doctor gTLD contention set.
Competing applicants Radix and The Medical Registry both withdrew their applications last week.
The string wasn’t due to head to its ICANN last-resort auction until May 25, indicating that the contention set was settled privately.
.doctor has been the subject of some controversy.
ICANN’s Governmental Advisory Committee had insisted that .doctor should be reserved purely for licensed medical doctors.
Donuts had complained that this would rule out use by any of the myriad other types of doctor, as well as registrants using “doctor” in a fanciful sense (like “rug doctor” or “PC doctor”).
ICANN initially accepted the GAC advice, but changed its mind this February, declining to impose such restrictive language on .doctor’s contractual Public Interest Commitments.
So it seems that .doctor will be generally unrestricted.
Donuts will have to sign up to the standard “Category 1” PICs, which require the registry to work with relevant regulatory bodies, however.

African brands wiped off the map as ICANN flips the kill switch on 10 gTLDs

Ten dot-brand gTLDs may never see the light of day, after ICANN sent termination notices to the applicants.
The move means that the number of African-owned dot-brand gTLDs to go live in the current round will be precisely zero.
The 10 affected gTLDs are .naspers, .supersport, .mzansimagic, .mnet, .kyknet, .africamagic, .multichoice, .dstv and .gotv, which were applied for by four South African companies, and .payu, which came from a Dutch firm.
In each case, the applicant had signed a Registry Agreement with ICANN in early 2015, but had failed to actually go live in the DNS within the required 12-month window.
All had deadlines in February or March but failed to meet even extended deadlines.
The condemned gTLDs make up more than half of the total applications originating in Africa.
Of the original 17 African applications, only ZACR’s .joburg, .capetown and .durban city gTLDs have actually been delegated.
Another application, the generic .ummah from Ummah Digital of Gambia, was withdrawn in 2013.
The League of Arab States’ .arab and عرب. are both currently in pre-delegation testing, having signed ICANN contracts in November.
The remaining two applications are both for .africa, which is currently stuck in litigation.
We’re looking at a maximum of six African-owned gTLDs, of a possible 16, going live in the 2012 round.
ICANN was criticized back in 2012 for not doing enough to raise awareness of the new gTLD program, criticisms that have been raised again recently as the community starts to seriously look at how things can be improved for the next round.
UPDATE: This article originally stated that .ummah was a dot-brand application. It was not. The text has been corrected accordingly.