DCA fails .africa evaluation

DotConnectAfrice application for the .africa gTLD has, as expected, failed its ICANN evaluation for want of government support.
The official decision (pdf) was handed down overnight.
According to the Extended Evaluation panel, DCA’s “required documentation of support or non-objection was either not provided or did not meet the criteria”.
In other words, DCA did not have a shred of support for its controversial application.
For gTLDs representing multinational regions, support or non-objection is required from 60% of the governments in that region.
In addition, there cannot be more than one objection from a government in that region.
Not only did DCA not have any support, it also had over a dozen governmental objections.
The company had relied on support letters from the African Union Commission and the UN Economic Commission for Africa, both of which have been retracted.
The AU and most African governments support rival, successful applicant ZACR.
ZACR signed its .africa registry contract with ICANN in March 2014, but its bid has been kept in limbo while DCA has exploited ICANN appeals processes to delay delegation.
Most recently, DCA sued ICANN, despite signing away its right to sue when it applied.
DCA was originally rejected due to Governmental Advisory Committee advice, before it had completed evaluation.
But the company won an Independent Review Process ruling stating that ICANN erred by accepting the advice with no explanation, compelling ICANN to put the DCA application back into evaluation.
After a six-month review, the Geographic Names Panel has now concluded that, duh, nobody supports DCA’s bid.
ICANN has now changed the status of DCA’s application from “Not Approved” to “Will Not Proceed”.
Oddly, and possibly incorrectly, this status cites the GAC advice as the reason for the failure, rather than the fact that DCA failed its evaluation.
Per ICANN practice, no application is truly dead until the applicant withdraws.

First registrar “breached” UDRP lock rule

ICANN has charged a registrar with failing to abide by “cyberflight” rules for the first time.
Visesh Infotecnics did not lock down e-campaigner.com within two days of it being hit by a UDRP a couple of weeks ago, ICANN said in a compliance notice (pdf) on Thursday.
Visesh is based in India and does business as Signdomains.com. It has roughly 5,000 gTLD domains under management.
The transfer lock rule became ICANN consensus policy binding on all registrars last July, following four years of policy and implementation work.
It’s designed to prevent cybersquatters switching registrars when a UDRP lands in their inbox, a practice known as cyberflight.
The registrant of e-campaigner.com did not in fact change registrars, judging by Whois records.
The UDRP appears to have been filed in late January by a currently undisclosed entity. Signdomains put the domain on client-hold status February 8, according to Whois records.
This is the first time ICANN has publicly accused a registrar of failing to abide by the policy.
ICANN also says that the registrar does not display Whois data in the correct format on its web site, and that it owes some accreditation fees.
It has until March 3 to rectify these alleged breaches.

DotMusic fails the “not gay enough” community test

DotMusic’s Community Priority Evaluation for the .music gTLD has failed, after the CPE panel decided the company was just trying to exploit ICANN rules to get its hands on a valuable string.
In a decision (pdf) published last night, the company score 10 of the available 16 points, four points shy of a passing score. The panel wrote:

The Panel determined that this application refers to a proposed community construed to obtain a sought-after generic word as a gTLD. As previously stated, the community as defined in the application does not have awareness and recognition among its members. Failing this kind of “cohesion,” the community defined by the application does not meet the [Applicant Guidebook’s] standards for a community.

The CPE fell apart at the first hurdle, with the panel awarding 0 out of 4 points on the “community establishment”.
It essentially ruled that the “music community” does not exist, despite frequent statements to the contrary from DotMusic and its legion of supporters.
DotMusic appears to have been condemned for the same reason as dotgay, the failed .gay community applicant.
While DotMusic and dotgay lost points on different criteria, their undoing in both cases was attempting to define a community that their respective panels judged overly broad.
DotMusic’s application included a list of 40 or more North American Industry Classification System categories of industry that it said were within its music community.
However, where it said “music lawyers” or “music accountants”, it referred to the NAICS codes for just “lawyers” and “accountants”, the panel noted.
This seems to have been responsible to a large extent for it losing its points on the “community establishment” criteria.
The CPE panel could said that while its proposed community members exhibited a “commonality of interest” there was no evidence of “cohesion” among them.
Further, no one preexisting organization could be said to cover the interests of the over-broad community as defined. The panel wrote:

There should, therefore, be at least one entity that encompasses and organizes individuals and organizations in all of the more than 40 member categories included by the application. Based on information provided in the application materials and the Panel’s research, there is no entity that organizes the community defined in the application in all the breadth of categories explicitly defined.

A knock-on effect of this was that DotMusic also dropped a point on the “community endorsement” criteria, despite having hundreds of letters of support from members of the music industry.
It dropped a further point because the string “music” only “identifies” but does not “match” its proposed community.
DotMusic will perhaps not take comfort from the fact that its losing score of 10 comprehensively beat rival community applicant Far Further by seven points.
With both community applications ruled invalid, .music should now head to auction, where there are eight applicants in total.
But .music is a bit of a passion project for DotMusic CEO Constantine Roussos — one of the few applicants who publicly announced his intention to apply long before it was possible to do so — so I think an appeal through the ICANN process is inevitable.
While DotMusic has support from powerful music industry figures, I don’t think that support extends to the kind of financial backing that will let it win a seven-to-eight-figure auction.
Don’t expect to see .music in your registrar storefront any time soon.

New gTLDs top 12 million domains

The new gTLD universe passed 12 million domains for the first time today, according to zone files.
Today, we counted 12,001,346 domains across all the 2012-round gTLD zones, up by just under 60,000 names on the day.
Over 50,000 of the new names were split fairly evenly between .xyz and .club, which seem to be the beneficiaries of a domainer surge that’s been going on for the last four days.
As of today, .club has overtaken .wang to be the third-largest zone, with 638,565 names.
It’s taken less than one month for the new gTLDs to add their latest million names.
Our total zone file count topped 11 million on January 12.
.xyz alone has added over 380,000 names since then; .club another 90,000. Most of that growth has come in the last seven days.
Second-placed budget Chinese-run gTLD .top has added over 95,000 names in the last 30 days.
Zone files don’t take account of domains that are registered but don’t have name servers, so the actual number of registered names will be slightly higher.

ICANN names Göran Marby new CEO

ICANN has its sixth CEO in its 18-year history.
Swedish telecoms regulator Göran Marby will take on the job in May, two months after incumbent Fadi Chehade leaves.

Marby is currently director-general of the Swedish Post and Telecom Authority, which regulates telecommunications and the internet in Sweden. It’s a government job.
He’s been in that role since 2010, and was reappointed to the role in November (when, presumably, he was already interviewing with ICANN).
He’s not an ICANN insider, telling a press conference yesterday that he has worked with ICANN participants but does not himself have a history of participating.
Marby, like Chehade, has a background as a technology entrepreneur. He founded, managed, then sold the security company AppGate, which made network security appliances.
Attention was immediately drawn yesterday to a July 2015 article from Swedish national broadcaster Sverige Radio, in which several sources demanded Marby’s resignation.
These telco industry sources said Marby had an “unprofessional” and “aggressive” management style that did not inspire confidence in the industry he regulates.
One journalist interviewed for the piece said Marby had threatened and physically intimidated him during an interview.
At the time, Marby would not talk to Sverige Radio. However, during yesterday’s press conference he seemed to characterize the claims as sour grapes.
He said that the allegations had come from executives at regulated companies at a time when PTS had just made a decision requiring them to invest more heavily in their networks, which they weren’t happy about.
He said that the PTS staff, board, union, and then the Swedish government had backed him, noting his November reappointment to the role.
Technically, he’s the first European ICANN CEO (M Stuart Lynn was a Brit by birth, but had gone septic by the time he was employed by ICANN) but Crocker said that this fact was not particularly relevant to his hiring.
He’s going to move to Los Angeles, from his current home in Stockholm.
Chehade is due to leave March 15. Marby starts in May.
ICANN Global Domains Division president Akram Atallah will be interim CEO for the interregnum, as he was between Rod Beckstrom leaving and Chehade starting.

ICANN cancels Panama due to Zika virus

ICANN has cancelled its upcoming meeting in Panama City, Panama, due to the Zika virus.
ICANN hasn’t officially announced the move yet, but ICANN insiders and several community members are saying that the meeting venue is being changed to a currently undecided country.
Zika is that virus you’ve probably been hearing about on the news that reportedly makes babies’ brains not develop properly. Thousands of kids are believed to have been affected by it in South and Central America
It’s spread by mosquitoes, but this week there were reports of it being also passed between human sexual partners.
Brazilian president Dilma Rousseff has declared a “war” on the responsible mosquitoes, and the World Health Organization has declared it a “global public emergency.”
It’s not yet obvious whether ICANN has cancelled the meeting due to the risk of mosquito bites or the risk of Zika being spread by shagging.
ICANN was due to meet in Panama City, Panama for ICANN 56 between June 27 and June 30.

Ted Cruz slams Chehade over Chinese “conflict”

US presidential hopeful Ted Cruz has taken time out of his busy primaries schedule to lay into ICANN CEO Fadi Chehade over his new job on a Chinese policy panel.
Cruz said in a letter to Chehade that China is known for its terrible track record on freedom of speech, and wondered aloud whether Chehade’s involvement in the panel constituted a conflict of interest.
Chehade said in December that he’d joined, as co-chair, an advisory committee of the World Internet Conference.
Also known as the Wuzhen Summit, the WIC is an annual conference organized by the Chinese government in order to push its agenda of national sovereignty over the internet.
The conference, apparently regarded as a bit of a joke even in China, actually has little international participation from government leaders.
It’s also been criticized by Reporters Without Borders, which called for a boycott of the 2015 conference after some Western news outlets were barred from attending.
While Chehade stressed that his involvement is in a personal capacity, that his panel is not due to meet until mid-2016 (after he will have left ICANN), and that he remains committed to ICANN’s “one internet” mantra, Cruz doesn’t believe him.
Cruz said in his letter (pdf) that he was “surprised and dismayed” to learn of Chehade’s involvement in Wuzhen, writing:

your participation as a co-chair of the committee raised concerns about a personal conflict of interest while you serve as the Chief Executive Officer of ICANN under contract with the United States Government.

Cruz poses nine key questions that appear to be designed to get Chehade to admit that his conduct in some way represents a conflict of interest, or that he’s a loose cannon operating without the approval of his board of directors.
He wants to know whether, for example, Wuzhen has already discussed the IANA transition, which will see the US government sever formal oversight of the DNS root zone later this year.
It’s a view common to US Republican politicians, of which Cruz is one, that the transition will open the door to China, Russia and other boogeymen to initiate a crackdown on free speech, which has always seemed a little far-fetched.
Cruz is currently considered one of the front-runners for the Republican nomination in the presidential race, following his victory over Donald Trump in Iowa this week.
His letter, which demands answers before February 19, was also signed by fellow Republican senators James Lankford and Michael Lee.
Chehade is due to leave ICANN at the end of March.

“We’re not homophobic!” ICANN pleads as it throws out .gay appeal

ICANN has refused dotgay LLC’s latest appeal against adverse .gay decisions, and has taken the unusual step of preemptively defending itself against probably inevitable accusations from gay rights groups.
On Monday, the Board Governance Committee threw out dotgay’s Request for Reconsideration, in which the company had asked for a third crack at the Community Priority Evaluation process that could have seen it win .gay without paying at auction.
Today, BGC chair Chris Disspain published a blog post that’s basically a defense against accusations that ICANN is somehow intolerant or ignorant of gay issues.
The post explains the RfR process, explains that the latest decision doesn’t mean there won’t be a .gay or that dotgay won’t win the contention set, winding up:

I want to make clear that the denial of the Request for Reconsideration is not a statement about the validity of dotgay LLC’s application or dotgay LLC’s supporters. The decision means that the BGC did not find that the CPE process for dotgay, LLC’s .GAY application violated any ICANN policies or procedures.
It is ICANN’s responsibility to support the community-developed process and provide equitable treatment to all impacted parties. We understand that this outcome will be disappointing to supporters of the dotgay LLC application. We appreciate the amount of interest that this topic has generated within the ICANN community, and we encourage all interested parties to participate in the multistakeholder process to help shape how future application rounds are defined.

dotgay’s two CPEs, which were evaluated by the Economist Intelligence Unit, failed because the company defined its “community” too broadly, to include people who aren’t gay.
The company says that it’s “common sense” that “gay” is an umbrella term not only for lesbian and bisexual people, but also for people with non-standard gender identities and straight people who support equal rights.
(As an aside, I recently learned that former boxing promoter Kellie Maloney, the UK’s poster girl for transgender issues, disagrees with same-sex couples raising kids and once called for gay pride marches to be banned. I wonder how she fits under this umbrella.)
But the second EIU panel “determined that the applied-for string does not sufficiently identify some members of the applicant’s defined community, in particular transgender, intersex, and ally individuals”.
The CPE application fell apart on that basis. It scored 10 of the available 16 points, four points shy of a winner.
Due to the sensitive nature of this kind of thing, and the fact that dotgay does have a truckload of genuine support from prominent campaigning members of its community, ICANN and the EIU have come in for criticism.
Some of that criticism has implied that ICANN, the EIU, the process or all three are in some way homophobic or at least ignorant.
An article on gay news website The Gayly this week said: “The EIU’s actions contradict all common sense and are being interpreted as the outcome of a hostile environment.”
dotgay encouraged supporters to tweet: “Say NO to unfair & unequal treatment of the gay community at the hands of @TheEIU #Yes2dotgay”.
I’ve seen some tweets from supporters that use stronger language, which I’m guessing is what the BGC is trying to preempt today.
Now that it has exhausted the RfR process without success, expect dotgay to file an Independent Review Process appeal with ICANN, delaying the .gay contention set resolution for a year or more.

DCA sues ICANN for fraud, demands cash

New gTLD applicants may have signed away all their rights to sue ICANN, but that doesn’t seem to be a concern for loose-cannon .dotafrica .africa applicant DotConnectAfrica.
The company has filed suit in California, trying to kill off rival ZACR’s application as “fraudulent” and demanding a load of cash from ICANN.
The suit was filed January 20, and DCA’s request for an emergency restraining order has already been thrown out by the judge.
DCA is basically attempting to re-litigate the Independent Review Process case it won against ICANN last year.
The company claims that ICANN, ZACR, independent evaluator InterConnect Communications, and the Governmental Advisory Committee improperly ganged up on it, in breach of contract.
It also claims fraud, negligence, and a few other alleged violations of the law on the same grounds.
It’s looking for three flavors of monetary damages and “rescission of ICANN’s registry agreement with ZACR as a null and void contract predicated on fraud.”
The IRP panel ruled last year that ICANN breached its bylaws by kicking out DCA’s application based on GAC advice that had not been properly and transparently explained.
The case revealed that ICANN had drafted a letter of support for the African Union Commission to submit in order to show its support for ZACR.
ICANN claims there was nothing improper about that — and the IRP panel did not express an opinion — but it looked pretty dodgy.
The organization says it has not yet been formally served with DCA’s complaint, but told the court that there’s no need for an emergency TRO against .africa being delegated because it’s not an imminent possibility.
Indeed, there’s no danger of ZACR getting .africa live while DCA’s application is undergoing a second round of InterConnect scrutiny for evidence of governmental support (which it does not have).
ICANN added in its filing, almost as an aside, that DCA has signed away its right to sue.
DCA’s new choice of law firm, post-IRP, may be an indication of either the fragile nature of its standing or dwindling cash reserves.
Pricey ICANN-killer Arif Ali is out. Replacing him, a dude who runs a website-free, six-month-old, one-man show from his home in a California cul-de-sac.
Disclosure: DCA thinks I’m a racist, and I think it’s mad. The long, sordid history of the company’s shenanigans can be perused at your leisure with this search.

$41m auction loser tries to slam brakes on .shop

Lawyer-happy gTLD applicant Commercial Connect has put GMO Registry’s $41 million purchase of the new gTLD .shop in jeopardy by filing an appeal with ICANN.
On January 26 — the day before the .shop auction — the Connecticut-based company filed an Independent Review Process complaint with ICANN, asking a panel of judges to enjoin ICANN from delegating .shop or even signing a registry contract with GMO.
It’s applied for “emergency” relief. Its full IRP complaint has yet to be filed.
GMO won a seven-way ICANN auction for .shop last week, agreeing to pay $41.5 million into ICANN coffers.
The IRP news will not be particularly surprising for anyone who has followed the .shop contention set closely.
Commercial Connect has deployed pretty much every legal avenue available to it in order to win .shop, which had eight competing applications.
It applied as a “community” applicant, but unsurprisingly failed to meet the stringent criteria that a Community Priority Evaluation requires.
It scored a measly 5 out of the 16 available CPE points, missing the 14-point target.
The company also spunked goodness knows how much cash filing 21 formal objections against other gTLD applicants — ridiculous complaints that “.supply” or “.セール” or “.services” were “confusingly similar” to .shop.
It actually managed to win two of its string similarity challenges, when panelists apparently decided to write their judgments before their morning coffee had kicked in.
It was probable that .shopping and .通販 would be confused with .shop in the mind of the average internet user, these panelists decided.
The .通販 decision was thrown out when sanity prevailed, but the .shopping decision stood. Only a recent back-room deal between Uniregistry and Donuts prevented the .shop auction being a head-explodingly confusing mess.
Now, with its IRP, Commercial Connect is claiming that the whole CPE system goes against ICANN rules.
According to its initial complaint, the fact that the CPE adjudicator, the Economist Intelligence Unit, came up with its own supplemental “CPE Guidelines” means that the the CPE system is not “ICANN policy” and should therefore be disregarded.
At first glance, it seems weak. But I said the same about the DotConnectAfrica IRP case, which DCA won.
IRP panels have been known to be somewhat “activist” (not necessarily a bad thing) recently, so it’s hard to call which way they will swing in any specific case.
But it does seem quite possible that the emergency relief that Commercial Connect requests — that is, no .shop contract until the IRP is over — will be granted.
For GMO, that means it’s just spent $41.5 million on a gTLD it probably won’t be able to launch for well over a year.
It’s perhaps interesting that Commercial Connect doesn’t seem to make any reference in its IRP to its original 2000-round application for .shop.
If that comes up in future filings, it could open up an entirely new can of worms.