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Gay community not gay enough to win new gTLD

Kevin Murphy, October 8, 2014, Domain Registries

An applicant for .gay has lost its chance to get exclusive rights to the new gTLD, partly because the self-defined gay community it wants to represent is not “gay” enough.
Dotgay LLC is one of four applicants, and the only “Community” applicant under ICANN rules, for .gay.
But the company yesterday failed in its attempt to pass a Community Priority Evaluation, scoring just 10 out of 16 available points and failing to reach the required 14-point passing threshold.
Most of its points were lost on the “Nexus between Proposed String and Community” criteria, where 4 points were available but Dotgay scored zilch.
The CPE panel concluded that the gay community described in the Dotgay application was too broad to be described by the string “gay”, because it includes lots of people who aren’t gay — such as transgender people or heterosexual campaigners for gay rights.
Under the CPE rules, applicants can score the maximum points if their chosen string “matches” the name of the community. Partial points can be won if it “identifies” the community.
The panel decided that it did neither:

Included in the application’s community definition are transgender and intersex individuals as well as “allies” (understood as heterosexual individuals supportive of the missions of the organizations that comprise the defined community). However, “gay” does not identify these individuals. Transgender people may identify as straight or gay, since gender identity and sexual orientation are not necessarily linked.8 Likewise, intersex individuals are defined by having been born with atypical sexual reproductive anatomy; such individuals are not necessarily “gay”. Finally, allies, given the assumption that they are heterosexual supporters of LGBTQIA issues, are not identified by “gay” at all. Such individuals may be an active part of the .GAY community, even if they are heterosexual, but “gay” nevertheless does not describe these individuals

Because “gay” was not found to identify the applicant-defined community, Dotgay lost 3 points. A knock-on effect was that it lost another 1 point for not “uniquely” identifying the community.
The applicant lost another two points on the “Community Endorsement” criteria — one point for not being backed by an organization recognized as representing all gays and another because the application had received informal objections from at least one significant community member.
The CPE decision means that rival applicants Top Level Design, Rightside and Minds + Machines are back in the game.
The .gay gTLD, assuming there are no successful appeals against the CPE, is now likely headed to auction.

Music industry gets its ass handed to it by gTLD panel

Kevin Murphy, October 7, 2014, Domain Registries

The music industry-backed application for the new gTLD .music today suffered a humiliating defeat at the hands of a Community Priority Evaluation panel.
The Far Further (.music LLC) application scored a pitiful 3 out of 16 possible points in the evaluation, missing the required 14-point passing threshold by a country and western mile.
CPE is a way for applicants representing genuine communities to avoid an auction. If one applicant in a contention set wins a CPE, all the others must withdraw their applications.
But in this case the CPE panel went so far as to accuse the applicant of attempting to get its hands on a nice generic string by creating a new community, rather than by representing an existing one:

The Panel determined that this application refers to a proposed community construed to obtain a sought-after generic word as a gTLD. Moreover the applicant appears to be attempting to use the gTLD to organize the various groups noted in the application documentation, as opposed to applying on behalf of an already organized and cohesive community.

The application was backed by dozens of music industry trade groups and (by inference) thousands of their member associations and millions of individual members, spread over 150 countries.
But that wasn’t enough to persuade the CPE panel that “music” is even a “community” within the meaning of the ICANN new gTLD program’s Applicant Guidebook:

While the Panel acknowledges that many of the members in the proposed community share an interest in music, the AGB specifies that a “commonality of interest” is not sufficient to demonstrate the requisite awareness and recognition of a community among its members.

The panel pointed to the existence of legions of amateur musicians — estimated at 200 million — that do not identify with the community as defined in Far Further’s new gTLD application, which is restricted to the four million or so members of the application’s backers.
The panel found therefore that “there is no entity mainly dedicated to the entire community as defined by the applicant, nor does the application include reference to such an organization”.
The very fact that the Far Further application included reference to 42 trade groups, covering different facets of the music industry, seems to have counted against it. One overarching body dedicated to “music” in its entirety may have been enough to win the applicant some points.
The fact that the panel decided the community did not exist had a knock-on effect in other parts of the evaluation.
Has the community been around for a long time? No, because the community doesn’t exist. Is it a big community? No again, because the community doesn’t exist. And so on.
The only places Far Further managed to pick up points were on its registration policies, where it had promised to restrict registration to certain community members, and on community endorsement.
There are eight applicants for .music in total. One other, regular DI commenter Constantine Roussos’ DotMusic Limited, is also a Community application that is eligible for CPE.
It’s always seemed highly improbable that any .music applicant could pass CPE, but it’s looking even less likely for DotMusic after today’s result for Far Further.
.music, it seems, is heading to auction, where it is likely to fetch big bucks.

“Frustrated” Morocco denies it supported .tata gTLD

Kevin Murphy, October 2, 2014, Domain Registries

The Moroccan government claims that it did not give its support to the .tata dot-brand gTLD, which was granted to Tata Group, the massive Indian conglomerate, in July.
According to Boubker Seddik Badr, director of digital economy at Morocco’s ministry of trade, .tata “did not receive any endorsement from any Moroccan authority”.
In a September 17 letter (pdf), he expressed his “surprise and very deep frustration” that .tata had been approved by ICANN regardless.
Under ICANN rules, .tata was classified as a “geographic” string because it matches the name of a Moroccan province found on an International Standards Organization list of protected names.
But Tata’s application was finally approved — it was the last bid to pass through evaluation — after a period Extended Evaluation. Its evaluation report (pdf) reads:

The Geographic Names Panel has determined that your application falls within the criteria for a geographic name contained in the Applicant Guidebook Section 2.2.1.4, and the documentation of support or non-objection provided has met all relevant criteria in Section 2.2.1.4.3 of the Applicant Guidebook.

The Guidebook states that letters of support or non-objection:

could be signed by the minister with the portfolio responsible for domain name administration, ICT, foreign affairs, or the Office of the Prime Minister or President of the relevant jurisdiction; or a senior representative of the agency or department responsible for domain name administration, ICT, foreign affairs, or the Office of the Prime Minister.

It’s not clear what documentation Tata provided in order to pass the geographic names review.
Tata Group is a family-owned, $103.27 billion-a-year conglomerate involved in everything from oil to tea to cars to IT consulting to airlines.
The company does not yet appear to have signed a Registry Agreement with ICANN for .tata.
ICANN is to hold its 52nd week-long public meeting in Marrakech, Morocco in February 2015.

Korean registrar suspended

Kevin Murphy, September 26, 2014, Domain Registrars

ICANN has suspended the accreditation of Korean registrar Dotname Korea over failures to comply with Whois accuracy rules.
The company was told this week that it will lose the ability to sell names for three months.
“No new registrations or inbound transfers will be accepted from 7 October 2014 through 5 January 2015,” ICANN compliance chief Maguy Serad told the company (pdf).
The suspension follows breach notices earlier in the year pertaining to Dotname’s failure to show that it was responding adequately to Whois inaccuracy complaints.
Other breaches of the Whois-related parts of the 2013 Registrar Accreditation Agreement were also alleged.
The company has until December 16 to show compliance of face the possibility of termination.

Iraq to get IDN ccTLD

Kevin Murphy, September 26, 2014, Domain Registries

Iraq was this week granted the right to use a new Arabic-script country-code top-level domain.
ICANN said the war-torn nation’s request for عراق., which is Arabic for “Iraq”, has passed the String Evaluation phase of the IDN ccTLD Fast Track program.
Like .iq, the registry will be the government’s Communications and Media Commission.
Once delegated, the Punycode inserted into the root will be .xn--mgbtx2b.
ICANN said Iraq is the 33rd nation to have an IDN ccTLD request approved. There are currently 26 IDN ccTLDs in the root. Most of them aren’t doing very well.

Second new gTLD round “possible” but not “probable” in 2016

Kevin Murphy, September 26, 2014, Domain Policy

If there are any companies clamoring to get on the new gTLD bandwagon, they’ve got some waiting to do.
Based on a sketchy timetable published by ICANN this week, it seems unlikely that a second application round will open before 2017, and even that might be optimistic.
While ICANN said that “based on current estimates, a subsequent application round is not expected to launch until 2016 at the earliest”, that date seems unlikely even to senior ICANN staffers.
“The possibility exists,” ICANN vice president Cyrus Namazi told DI, “but the probability, from my perspective, is not that high when you think about all the pieces that have to come together.”
Here’s an ICANN graphic illustrating these pieces:

As you can see, the two biggest time-eaters on the road-map, pushing it into 2017, are a GNSO Policy Development Process (green) and the Affirmation of Commitments Review (yellow).
The timetable envisages the PDP, which will focus on what changes need to be made to the program, lasting two and a half years, starting in the first quarter 2015 and running until mid-2017.
That could be a realistic time-frame, but the GNSO has been known to work quicker.
An ICANN study in 2012 found that 263 days is the absolute minimum amount of time a PDP has to last from start to finish, but 620 days — one year and nine months — is the average.
So the GNSO could, conceivably, wrap up in late 2016 rather than mid-2017. It will depend on how cooperative everybody is feeling and how tricky it is to find consensus on the issues.
The AoC review, which will focus on “competition, consumer trust and consumer choice” is a bit harder to gauge.
The 2009 Affirmation of Commitments is ICANN’s deal with the US government that gives it some of its authority over the DNS. On the review, it states:

If and when new gTLDs (whether in ASCII or other language character sets) have been in operation for one year, ICANN will organize a review that will examine the extent to which the introduction or expansion of gTLDs has promoted competition, consumer trust and consumer choice, as well as effectiveness of (a) the application and evaluation process, and (b) safeguards put in place to mitigate issues involved in the introduction or expansion.

The AoC does not specify how long the review must last, just when it must begin, though it does say the ICANN board must react to it within six months.
That six-month window is a maximum, however, not a minimum. The board could easily take action on the review’s findings in a month or less.
ICANN’s timeline anticipates the review itself taking a year, starting in Q3 2015 and broken down like this:

Based on the timelines of previous Review Team processes, a rough estimate for this process is that the convening of the team occurs across 3-5 months, a draft report is issued within 6-9 months, and a final report is issued within 3-6 months from the draft.

Working from these estimates, it seems that the review could in fact take anywhere from 12 to 20 months. That would mean a final report would be delivered between September 2016 and July 2017.
If the review and board consideration of its report take the longest amount of time permitted or envisaged, the AoC process might not complete until early 2018, a little over three years from now.
Clearly there are a lot of variables to consider here.
Namazi is probably on safe ground by urging caution over the hypothetical launch of a second round in 2016.
Given than new gTLD evaluations were always seen as a “rolling” process, one of the things that the GNSO surely needs to look into is a mechanism to reduce the delay between rounds.

Comcast users report name collision bugs

Kevin Murphy, September 23, 2014, Domain Tech

US cable ISP Comcast has become the latest company to experience problems caused by name collisions with new gTLDs.
In this case the gTLD in question is .network, which Donuts had delegated at the end of August.
Users of Comcast’s Xfinity service have been complaining about various issues linked to collisions ever since.
It turns out some Xfinity hubs use the domain home.network on residential networks and that this default configuration choice was not corrected by Comcast before .network went live.
The collision doesn’t appear to be causing widespread internet access issues — Xfinity has close to 20 million users so we’d have heard about it if the problems were ubiquitous — some things appear to be failing.
I’ve seen multiple reports of users unable to access storage devices on their local networks, of being unable to run the popular TeamSpeak conferencing software used by gamers, problems with installing RubyGems, and errors when attempting to use remote desktop tools.
Judging by logs published by affected users, Donuts has been returning the domain “your-dns-needs-immediate-attention.network” and the IP address 127.0.53.53.
Anyone Googling for 127.0.53.53 — the IP address selected to ICANN’s “controlled interruption” name collision management plan — will currently find this ad:

Cyrus Namazi, vice president of DNS industry engagement at ICANN, confirmed to DI that ICANN has received multiple reports of issues on Comcast residential networks and that ICANN has been in touch with the ISP.
Comcast is working on a permanent fix, he said.
Namazi said that ICANN has not received any complaints from users of other ISPs. Most collision-related complaints have been filed by residential users rather than companies, he said.

Fight over ICANN’s $400,000 Hollywood party

Kevin Murphy, September 22, 2014, Gossip

Corporate sponsors raised $250,000 to fund a $400,000 showbiz gala for ICANN 51 next month, but ICANN pulled the plug after deciding against making up the shortfall.
Sources tell DI that the lavish shindig was set to take place at Fox Studios in Los Angeles on October 15, but that ICANN reneged on a commitment to throw $150,000 into the pot.
Meanwhile, a senior ICANN source insists that there was no commitment and that a “misunderstanding” is to blame.
ICANN announced a week ago that its 51st public meeting would be the first in a while without a gala event. In a blog post, VP Christopher Mondini blamed a lack of sponsors and the large number of attendees, writing:

One change from past meetings is that there will not be an ICANN51 gala. Historically, the gala has been organized and supported by an outside sponsor. ICANN51 will not have such a sponsor, and therefore no gala. ICANN meetings have grown to around 3,000 attendees, and so have the challenges of finding a gala sponsor.

This explanation irked some of those involved in the aborted deal. They claim that the post was misleading.
Sources say that sponsors including Fox Studios, Neustar and MarkMonitor had contractually committed $250,000 to the event after ICANN promised to deliver the remaining $150,000.
But ICANN allegedly changed its mind about its own contribution and, the next day, published the Mondini post.
“The truth is there were sponsors, the truth is it wasn’t too big,” said a source who preferred not to be named. “There was enough money there for a gala.”
The venue was to be the Fox Studios backlot, which advertises itself as being able to handle receptions of up to 4,000 people — plenty of space for an ICANN gala.
I’ve confirmed with Neustar, operator of the .us ccTLD, that it had set aside $75,000 to partly sponsor the event.
But Mondini told DI that ICANN had not committed the $150,000, and that claims to the contrary were based on a “misunderstanding” — $150,000 was the amount ICANN spent on the Singapore gala (nominally sponsored by SGNIC), not how much it intended to spend on the LA event.
“There was no ICANN commitment to make up shortfall,” he said. “It was misheard as an ICANN commitment.”
More generally, ICANN’s top brass are of the opinion that “we shouldn’t be in the business of spending lots of money on galas”, Mondini added.
“ICANN paying for galas is the exception rather than the rule,” he said.
He added that he stood by his blog post, saying that a failure to find sponsors to cover the full $400,000 tab is in fact a failure to find sponsors.

Accent wins .tickets auction after $1.6m CentralNic investment

Kevin Murphy, September 22, 2014, Domain Registries

Accent Media, one of four applicants for .tickets, has won the new gTLD at auction after receiving a $1.62 million investment from CentralNic.
As part of the deal, Accent has dumped Afilias as its back-end provider and will switch to CentralNic instead.
Competing applicants Donuts, Famous Four Media, Shubert Internet and Tickets TLD are now expected to pull their applications, though none appear to have had their withdrawals accepted by ICANN yet.
It’s not clear how much .tickets sold for.
CentralNic acquired a 12% stake in Accent in exchange for its investment. Both companies are based in the UK.
The deal is believed to be unrelated to the $1.5 million investment in a gTLD applicant that CentralNic announced — with the proceeds earmarked for auction — last week.
Accent has applied for a quite restricted TLD, with anti-fraud measures at its heart. Its authenticated registration process is described as being a bit like the process of buying an SSL certificate.
CentralNic CEO Ben Crawford said in a statement:

The “.tickets” Top-Level Domain will be a compelling new tool to assist consumers to easily identify legitimate and trusted ticket sales sites, as well as empowering venues, entertainers and sports organizations to improve their use of the internet for enabling fans to purchase tickets. This investment realizes our strategy of investing in Top-Level Domain applicants as well as operating as a business partner to their operators.

Amid Ukraine crisis, Russia scared ICANN might switch off its domains

Kevin Murphy, September 19, 2014, Domain Policy

Russia is reportedly worried that the current wave of Western sanctions against it may wind up including ICANN turning off its domain names.
According to a report in the local Vedomosti newspaper, the nation’s Security Council is to meet Monday to discuss contingency plans for the possibility of being hit by internet-based sanctions.
Part of the discussion is expected to relate to what would happen if the US government forced ICANN to remove the local ccTLDs — .ru, .рф, and the discontinued .su — from the DNS root, according to Vedomosti’s source.
The paper reports, citing a source, that “officials want to control the entire distribution system of domain names in RUnet entirely”. RUnet is an informal term for the Russian-language web.
The report goes on to explain that the government’s goal is not to isolate the Russian internet, but to ensure it remains functioning within the country if its ccTLDs are cut off in the rest of the world.
Russia has been hit by sanctions from the US and Europe in recent months due to its involvement in the Ukraine crisis, but so far these have been of the regular economic kind.
Frankly, I find the possibility of the US government asking ICANN to intervene in this way — and ICANN complying — unlikely in the extreme. It would go dead against the current US policy of removing itself almost entirely from the little influence it already has over the root system.