IP Mirror rapped for failing to deal with abuse

Here’s something you don’t see every day: a corporate brand management registrar getting smacked by an ICANN breach notice.
Singapore-based registrar IP Mirror has been sent a warning by ICANN Compliance about a failure to respond to abuse complaints filed by law enforcement, which appears to be another first.
Under the 2013 Registrar Accreditation Agreement, registrars are obliged to have a 24/7 abuse hotline to field complaints from “law enforcement, consumer protection, quasi-governmental or other similar authorities” designated by the governments of places where they have a physical office.
According to its web site, IP Mirror has offices in Singapore, Australia, Canada, Hong Kong, Indonesia, Japan, Malaysia, South Korea, Taiwan and the UK, but ICANN’s breach notice does not specify which authority filed the complaint or which domains were allegedly abusive.
Registrars have to respond to such complaints within 24 hours, the RAA says.
The ICANN notice (pdf) takes the company to task for alleged breaches of other related parts of the RAA, such as failure to retain records about complaints and to publish an abuse contact on its web site.
The company has been given until December 5 to come back into compliance or risk losing its accreditation.
IP Mirror isn’t massive in terms of gTLD names. According to the latest registry reports it has somewhere in the region of 30,000 gTLD domains under management.
But it is almost 15 years old and establishment enough that it has been known to sponsor the occasional ICANN meeting. It’s not your typical Compliance target.

Millions of new gTLD domains to be released as collision blocks end

Millions of new gTLD domain names are set to start being released, as ICANN-mandated name collision blocks start getting lifted.
Starting yesterday, domains that have been blocked from registration due to name collisions can now be released by the registries.
About 95,000 names in gTLDs such as .nyc, .tattoo, .webcam and .wang have already ended their mandatory “controlled interruption” period and hundreds of thousands more are expected to be unblocked on a weekly basis over the coming months (and years).
Want to register sex.nyc, poker.bid or garage.capetown? That may soon be possible. Those names, along with hundreds of other non-gibberish domains, are no longer subject to mandatory blocks.
Roughly 45 new gTLDs have ended their CI periods over the last two days. Here are the Latin-script ones:

.bid, .buzz, .cancerresearch, .capetown, .caravan, .cologne, .cymru, .durban, .gent, .jetzt, .joburg, .koeln, .krd, .kred, .lacaixa, .nrw, .nyc, .praxi, .qpon, .quebec, .ren, .ruhr, .saarland, .wang, .webcam, .whoswho, .wtc, .citic, .juegos, .luxury, .menu, .monash, .physio, .reise, .tattoo, .tirol, .versicherung, .vlaanderen and .voting

Another half dozen or so non-Latin script gTLDs have also finished with CI.
There are over 17,500 newly unblocked names in .nyc alone. Over the whole new gTLD program, over 9.8 million name collisions are to be temporarily blocked.
Name collisions are domains in new gTLDs that were already receiving DNS root traffic well before the gTLD was delegated, suggesting that they may be in use on internal networks.
To avoid possible harm from collisions, ICANN forced registries to make these names unavailable for registration and to resolve to the deliberately non-functional and odd-looking IP address 127.0.53.53.
Each affected name had to be treated in this way for 90 days. The first TLDs started implementing CI on August 18, so the first batch of registries ended their programs yesterday.
So, will every domain that was on a registry’s collision list be available to buy right away?
No.
ICANN hasn’t told registries that they must release names as soon as their CI period is over, so it appears to be at the registries’ discretion when the names are released. I gather some intend to do so as soon as today.
Also, any name that was blocked due to a collision and also appears in the Trademark Clearinghouse will have to remain blocked until it has been subject to a Sunrise period.
Some registries, such as Donuts, have already made their collision names available (but not activated in the DNS) under their original Sunrise periods so will be able to release unclaimed names at the same time as all the rest.
Other registries will have to talk to ICANN about a secondary sunrise period, to give trademark holders their first chance to grab the previously blocked names.
Furthermore, domains that the registry planned to reserved as “premiums” will continue to be reserved as premiums.

$10 million to move to a dot-brand? Quebec says “non”

One of the biggest hypothetical barriers to the adoption of dot-brand gTLDs has always been the likely cost of migration, but until now nobody’s really thrown around any figures.
The Government of Quebec has decided against rebranding to the forthcoming .quebec gTLD, saying the migration would cost it CAD 12 million ($10.6 million), according to local reports.
The Canadian Press press reported over the weekend that Quebec will still to its existing gouv.qc.ca addresses and therefore save itself a bundle of cash at a time when austerity measures are in place.
The timing of the revelation is unfortunate for PointQuebec, the .quebec registry, which is due to go to general availability tomorrow.
The application for .quebec, a protected geographic string under ICANN rules, was made with the support of the Canadian province.
The decision by the government is not a death sentence for the gTLD, but it is the loss of a significant anchor tenant at the worst possible moment.
It also highlights what we all already knew — for a large organization, changing your domain name is complicated and expensive.
Not only do myriad IT systems need to be migrated to the new domain, you also need to think about things as trivial as letter heads and signage.
The cost of such a switch is a key reason we’re unlikely to see many dot-brand owners making a full-scale switch to their new gTLD in the short term.

Noss hints at winning .online auction bid

A triumvirate of domain name companies led by Radix paid well over $7 million for the .online new gTLD, judging by comments made by Tucows CEO in an analysts call yesterday.
As the company reported its third-quarter financial numbers, Noss said of .online, which was recently auctioned:

While we are bound by confidentiality with respect to the value of the transaction, we can point to amounts paid in other gTLDs’ auctions in the public domain — like $6.8 million for .tech, $5.6 million for .realty, or the $4.6 million that Amazon paid for .buy — and let you decide what you think .online should be valued, relative to those more narrowly targeted extensions.

Radix won the private auction with financial backing from Tucows and NameCheap.
The three companies intend to set up a new joint venture to manage the .online registry, as we reported yesterday, with each company contributing between $4 million and $5 million.
Assuming at least one company is contributing $4 million and at least one is contributing $5 million, that works out to a total of $13 million to $14 million, earmarked for the auction and seed funding for the new venture.
Based on that knowledge, an assumption that the new company will want a couple of million to launch, and Noss’s comments yesterday, I’d peg the .online sale price in the $10-12 million range.
Radix business head Sandeep Ramchamdani told us yesterday that the company plans to market .online with some “hi-decibel advertising” and participation in events such as Disrupt and South by Southwest.

Judge blocks seizure of Iran’s ccTLD

ICANN has won a court battle, and avoided a major political incident, over an attempt by terrorism victims to seize ccTLDs belonging to Iran, Korea and Syria.
A District of Columbia judge ruled this week that while ccTLDs may be a form of “property” under the law, they’re not “attachable” property.
Attachment is a legal concept used when creditors attempt to seize assets belonging to debtors.
The ruling overturns a request by a group of terrorism survivors, led by attorney Nitsana Darshan-Leitner, to have .ir, .sy, .kp, سور, and ايران. transferred to them in lieu of payment of previous court rulings.
Darshan-Leitner has previously secured US court judgments amounting to hundreds of millions of dollars against the three nations. Because the nations have not paid these penalties, she’s been using the courts to seize state-owned assets in the US instead.
But US District Judge Royce Lamberth ruled (pdf) earlier this week:

the country code Top Level Domain names at issue may not be attached in satisfaction of plaintiffs’ judgments because they are not property subject to attachment under District of Columbia law.

However, he added in a footnote:

But the conclusion that ccTLDs may not be attached in satisfaction of a judgment under District of Columbia law does not mean that they cannot be property. It simply means that they are not attachable property within this statutory scheme.

Drawing on “sparse” case law, Lamberth’s rationale appears to be that domain names are not a product, they’re a service. He wrote:

The ccTLDs exist only as they are made operational by the ccTLD managers that administer the registries of second level domains within them and by the parties that cause the ccTLDs to be listed on the root zone file. A ccTLD, like a domain name, cannot be conceptualized apart from the services provided by these parties. The Court cannot order plaintiffs’ insertion into this arrangement.

The ruling, which may of course be challenged by the plaintiffs, helps ICANN and the US government avoid a huge political embarrassment at a time when the links between the two are being dissolved and relations with Iran are defrosting.

Another 11 new gTLDs won at auction

It’s been a busy week for new gTLD application withdrawals, with no fewer than 11 contention sets getting settled over the last few days.
First, as predicted, Radix won .online, after I-Registry withdrew the last remaining competing application, but only with a little help from its friends.
Radix is to form a new joint venture with Tucows and NameCheap to run .online. Each company threw in $4 million to $5 million to cover the cost of the auction and seed funding for the yet-to-be-formed new registry entity.
Another auction saw .site also won by Radix, as a standalone applicant, after withdrawals from Interlink, M+M, Google and Donuts.
.dog went to Donuts after withdrawals from Minds + Machines and Google. Donuts also won .live, after an earlier withdrawal from Microsoft and one this week from Google.
The hotly contested .cloud went to Aruba after withdrawals from M+M, Symantec, Amazon, Google, CloudNames and Donuts.
.boats was won by DERboats after Donuts withdrew.
.book has gone to Amazon, after withdrawals from R.R. Bowker, Famous Four Media, Donuts, DotBook, M+M, Global Domain Registry, Google and NU DOT CO.
Amazon also won .hot, after Donuts and dotHot (affiliated with .jobs) withdrew.
Dish DBS, a Spanish-language US TV company, will operate .latino as a closed dot-brand for its Dish Latino service, after M+M withdrew its competing application.
Japanese domain registrar Interlink won .earth, beating Google.
Motion Picture Domain Registry beat Donuts and Google to .film, meaning the gTLD will “will only be available to film producers and major film studios” under the applicant’s plan to require a Motion Picture Association of America registration number in order to register a name.

Battles for .chat, .style, .tennis, bingo and .sas over

Seven new gTLD contention sets have been formally resolved with application withdrawals this morning, five of which we haven’t previously reported on.
Most appear to have been settled by private auctions, with Donuts often the victor.
The standout, however, is .sas, an unusual case of a contention set of two would-be dot-brand registries being resolved.
The business software maker SAS Institute, which applied as Research IP, has prevailed over the Scandinavian airline holding company SAS AB for the .sas gTLD.
Both applicants had applied for closed, single-registrant namespaces.
On the regular, open gTLD front, .chat has gone to Donuts after withdrawals from Top Level Spectrum, Radix and Famous Four Media.
.style has also gone to Donuts, after Uniregistry, Top Level Design, Evolving Style Registry and Minds + Machines withdrew their applications.
.tennis is another Donuts win. Applications from Famous Four, Washington Team Tennis and Tennis Australia have been withdrawn, after a failed Community bid from Tennis Australia.
Donuts, finally, beat Famous Four to .bingo.
Afilias and Top Level Spectrum have officially withdrawn their .wine applications. As we reported earlier this week, this leaves Donuts as the sole remaining applicant.
Top Level Spectrum’s bid for .sucks has also been withdrawn, confirming DI’s report from earlier this week that the controversial gTLD has been won by Vox Populi Registry.
But Donuts failed to win .online, withdrawing its application today. Only two applicants — Radix and I-Registry — remain in this once six-way contention set.
We’ll know the winner (my money’s on Radix) in a matter of days, I expect.

Donuts wins .wine auction

Donuts has become the only applicant for .wine and .vin after winning a private auction for .wine, according to sources familiar with the situation.
I gather that the auction, which saw Donuts knock out rival applicants Afilias and Famous Four, happened a couple of weeks ago. I don’t know what the winning bid was.
Neither losing application has yet been withdrawn, presumably because the whole contention set has been placed “On Hold” by ICANN pending talks about the protection of wine-making region names.
As we reported yesterday, ICANN seems to be currently acting as a middleman between Donuts, European governments and wine-makers that want so-called “geographic indicators” specially protected.
A letter (pdf) from ICANN CEO Fadi Chehade to the French government indicated that ICANN expects to make GIs protected, contractually, with the successful .wine and .vin applicants (now, it seems, Donuts).
Domains such as larioja.wine and bordeaux.vin seem set to enjoy some form of protection, reserved for use by eligible parties only, if these talks pan out the way Chehade expects them to.
Donuts was the only applicant for .vin.

Ebola 1 – ICANN 0 as Marrakech dumped for Singapore

Ebola has claimed its first Moroccan victim, in the form of ICANN 52.
The organization confirmed overnight that its next public meeting will not be held in Marrakech next February after all.
Instead, the ICANN community will head to Singapore, and the now-familiar halls of the Raffles Convention Center.
ICANN had previously said it was reconsidering Marrakech due to the worry of African travel restrictions in light of the Ebola virus, which has infected over 13,000 people in West Africa.
While Morocco, thousands of kilometers away, has not recorded any cases, there’s concern that large international gatherings, such as the African Cup of Nations or ICANN 52, could import the disease.
ICANN did not mention Ebola in its announcement today, however.
Instead, it said that is relocating the meeting to Singapore due to the overworked community’s desire to stick to its three-meetings-per-year schedule.
It will head to Marrakech in early 2016 instead.
The Singapore meeting will be held on the same dates — February 8 to 12 — at a location that will be familiar to regular ICANN travelers. ICANNs 41 and 49 have been held there in the last few years.

For only the second time, ICANN tells the GAC to get stuffed

ICANN’s board of directors has decided to formally disagree with its Governmental Advisory Committee for what I believe is only the second time in the organization’s history.
In a letter to new GAC chair Thomas Schneider today, ICANN chair Steve Crocker took issue with the fact that the GAC recently advised the board to cut the GNSO from a policy-making decision.
The letter kick-starts a formal “Consultation Procedure” in which the board and GAC try to reconcile their differences.
It’s only the second time, I believe, that this kind of procedure — which has been alluded to in the ICANN bylaws since the early days of the organization — has been invoked by the board.
The first time was in 2010, when the board initiated a consultation with the GAC when they disagreed about approval of the .xxx gTLD.
It was all a bit slapdash back then, but the procedure has since been formalized somewhat into a seven-step process that Crocker outlined in an attachment to his letter (pdf) today.
The actual substance of the disagreement is a bit “inside baseball”, relating to the long-running (embarrassing, time-wasting) saga over protection for Red Cross/Red Crescent names in new gTLDs.
Back in June at the ICANN 50 public meeting in London, the GAC issued advice stating:

the protections due to the Red Cross and Red Crescent terms and names should not be subjected to, or conditioned upon, a policy development process

A Policy Development Process is the mechanism through which the multi-stakeholder GNSO creates new ICANN policies. Generally, a PDP takes a really long time.
The GNSO had already finished a PDP that granted protection to the names of the Red Cross and Red Crescent in multiple scripts across all new gTLDs, but the GAC suddenly decided earlier this year that it wanted the names of 189 national Red Cross organizations protected too.
And it wasn’t prepared to wait for another PDP to get it.
So, in its haste to get its changing RC/RC demands met by ICANN, the GAC basically told ICANN’s board to ignore the GNSO.
That was obviously totally uncool — a slap in the face for the rest of the ICANN community and a bit of an admission that the GAC doesn’t like to play nicely in a multi-stakeholder context.
But it would also be, Crocker told Schneider today, a violation of ICANN’s bylaws:

The Board has concerns about the advice in the London Communiqué because it appears to be inconsistent with the framework established in the Bylaws granting the GNSO authority to recommend consensus policies to the Board, and the Board to appropriately act upon policies developed through the bottom-up consensus policy developed by the GNSO.

Now that Crocker has formally initiated the Consultation Procedure, the process now calls for a series of written and face-to-face interactions that could last as long as six months.
While the GAC may not be getting the speedy resolution it so wanted, the ICANN board’s New gTLD Program Committee has nevertheless already voted to give the Red Cross and Red Crescent the additional protections the GAC wanted, albeit only on a temporary basis.