Four more new gTLD contracts signed, including .email

Four new gTLD registries signed their contracts with ICANN yesterday.
Donuts added Registry Agreements for .email and .codes to its portfolio, bringing its total up to 43.
CORE Association signed for بازار., which means “bazaar”. It’s CORE’s third and final RA as an applicant and its only Arabic application. It’s already live with two Cyrillic strings.
Finally, DotBerlin signed its contract for the city TLD .berlin, apparently confirming the rumor that the one it signed on stage alongside .wien at the newdomains.org conference earlier this week was in fact a prop.
According to the DI PRO database, ICANN now has contracts with 80 new gTLDs and 18 legacy gTLDs.

Famous Four vows to fight .sport objection loss

Famous Four Media has promised to pursue “all available legal avenues” after losing a Community Objection over the .sport gTLD to its Olympic-backed rival.
The portfolio applicant lost out to SportAccord in an October 23 decision by International Chamber of Commerce panelist Guido Santiago Tawil, meaning its .sport application should be rejected by ICANN.
But Famous Four says it’s not over yet. In a statement today, the company said:

Famous Four Media shall pursue rigorously all available legal avenues available to it to have the decision independently reviewed by ICANN and/or others as the case may be, and reversed.

The logical first step of such a threat would be a Reconsideration Request, a relatively cheap way to challenge an ICANN decision with a virtually zero chance of succeeding.
That could be followed by a demand for an Independent Review Panel procedure, which would take much longer and cost significantly more. When ICM Registry won an IRP, the bill ran to millions.
Or Famous Four could try its luck in the courtroom, which could be flustered by the fact that all new gTLD applicants had to sign fairly one-sided legal waivers when they applied.
So what’s the company so worked up about?
It’s lost the chance to run .sport, because the ICC panelist ruled that SportAccord, which is backed by the International Olympic Committee and dozens of official sporting associations, represents the “sport” community and would be harmed if Famous Four were to run the TLD.
Famous Four had argued in its defense that SportAccord can only purport to represent a “subset” of this community — its sporting organization members — rather than everyone who has an interest in sport.
Rather amusingly, in its statement today, FFM linked to the IOC’s own marketing, which bears the slogan “Sport Belongs to All”, to prove its point:

it is Famous Four Media’s unshakable belief that this statement is true and just and that is why Famous Four Media applied for an open TLD – a top level domain that is open to everyone and offered to everyone on a level and equitable basis. Trying to claim ownership and representation of sport is akin to claiming representation for the human race.

An alternative reading would be to state that the IOC’s marketing slogan is, like all marketing slogans, bullshit.
But it actually cuts to the heart of the case itself, which Guido Santiago Tawil found in favor of SportAccord, writing:

The ICANN Guidebook does not require that an “entire” community agree on an objection to an application. In fact, it would be almost impossible for an institution to represent any community as a whole. If such was the requirement, there would be no reason to provide for the possibility of community objections.
It is difficult to imagine which other association may claim representation of the Sport Community besides an institution that represents, as Objector does, more than a hundred well-known sports federations and institutions related to sports.

Another key, and related, factor Community Objection panelists have to consider is whether a community is “clearly delineated”.
It’s here where the arguments that an applicant can use to win a Legal Rights Objection seem to fail under Community Objection scrutiny.
Famous Four said that “sport” is not clearly delineated along the lines defined by SportAccord — ie, members of its federations — because it doesn’t allow, say, hobbyists or the media to get involved.
Similar arguments were made in LROs.
Applicants regularly defended themselves against LROs — where the objector owns a trademark rather than purporting to represent a community — by pointing out all the non-infringing uses of the string.
That defense apparently doesn’t work in Community Objections, with the .sport ICC panelist ruling:

The fact that the media (which may constitute a different community) or viewers are unable to be part of this association is irrelevant to consider Objector as a delineated community. Otherwise, no community could be recognized under the ICANN gTLD proceedings since it would be easy for any Applicant to find secondary or not closed-related members outside of it.

In its response to the ruling today, FFM called this a “non sequitur”, adding:

It is not difficult to conceive of communities which are exclusive, and in all cases these do not consist of generic words like “sport.” One example already given by other commentators might be “.yorkuniversity.”

Another key pivot point in the .sport decision is “detriment”.
Objectors have to prove the “likelihood of material detriment to the rights or legitimate interests of a significant portion of the community to which the string may be explicitly or implicitly targeted.”
The panelist in this case chose to interpret this as “future ‘possible’ damage”, which he said was quite a low bar.
His reasoning, in finding that detriment to SportAccord was likely, seems to hinge quite a bit on the fact that SportAccord has also applied for the same gTLD.
While seemingly discarding “hypothetical” arguments about cybersquatting and such in an open-registration .sport gTLD, he said he “shares Objector’s argument that all domain registrations in a community-based ‘.sport’ gTLD will assure sports acceptable use policies.”
That thinking only works, I think, if you also have a community-based .sport application on the table.
As FFM characterized it today: “What he is in effect saying is that the .SPORT gTLD should be delegated: just not to dot Sport Limited. This was not his decision to make.”
This week at the newdomains.org conference in Munich I spoke to several people who believe some of the highly contested, super-premium new gTLDs will take years to resolve.
It seems that .sport is going to be one of those.
Under the ICANN rules, FFM is supposed to withdrawn its application now. That’s clearly not going to happen.

Search all new gTLD collision block lists

DI PRO subscribers can now see which strings appear most often in new gTLD registries’ block-lists and search for strings — such as trademarks or premium strings — that interest them.
We’ve just launched the New gTLD Collisions Database.
Currently, it indexes all 14,493 unique strings that ICANN has told the first 13 new gTLD registries to block — due to the risk of collisions with internal networks — when they launch.
By default the strings are ranked by how many gTLDs have been told to block them.
You’ll see immediately that “www” is currently blocked in all 13 registries, suggesting that it’s likely to be blocked in the vast majority of new gTLDs.
Users can also search for a string in order to see how many, and which, new gTLDs are going to have to block it.
We’re hoping that the service will prove useful to trademark owners that want to see which “freebie” blocked strings they stand to benefit from, and in which gTLDs.
For example, we can already see that 10 meaningful strings containing “nike” are to be blocked. For “facebook”, it’s four registries. For “google”, it’s currently three strings across six gTLDs.
The service will also hopefully be useful to registries that want to predict which strings ICANN may tell them to block. We’re seeing a lot of gambling terms showing up in non-gambling TLDs, for example.
Here’s a screenshot of sample output for the search “cars”.

As ICANN publishes lists for more gTLDs, the database will grow and become more useful and time-saving.
Comments, suggestions and bug reports as always to kevin@domainincite.com

Three gTLD Community Objections rejected

International Chamber of Commerce panelists have recently rejected three Community Objections against new gTLD applications.
The dismissals include objections to the controversial Turkey-based bids for .islam and .halal, filed by Asia Green IT System, which had raised the ire of the United Arab Emirates’ telecommunications regulator.
The UAE’s Telecommunications Regulatory Authority — also the operator of its ccTLDs — said it was representing the wider Islamic community under orders from the Organization of Islamic Cooperation.
But ICC panelist Bernardo Cremades ruled, based on a close reading of the OIC’s letter to the TRA and other member states, that the OIC had not formally backed the objection.
While there were over 100 public comments objecting to .islam and over 70 to .halal, because the TRA merely referred to them rather than submitting copies as evidence, the panelist chose to ignore them completely.
He also noted that only the UAE has chosen to file a formal objection.
So Cremades ruled that there was no “substantial opposition” to the applications, which is one of the things objectors need to prove in order to win an objection.
The TRA also failed to persuade the panelist that there was “a likelihood of any material detriment” to the Muslim community if Asia Green’s gTLDs were to be delegated, writing:

The Objector has certainly not provided any evidence that the Respondent is not acting or does not intend to act in accordance with the interests of the Muslim community.

So the TRA’s objections were dismissed and the applicant can proceed to the next phase of the new gTLD program.
Also dismissed recently was Bundesverband der Deutschen Tourismuswirtschaft’s objection to Donuts’ application for .reisen (“travel” in German).
BTW, a German travel industry association, is associated with a competing bid for .reise. Weirdly, it did not file a String Confusion Objection against Donuts’ .reisen.
It had argued among other things that German speakers would expect .reisen to conform to German and European consumer protection laws, while Donuts is planning an open and unrestricted gTLD.
The ICC panelist didn’t buy that argument, noting that a hotel in Argentina could market itself as German-speaking without having to abide by, say, European data protection law.
He also ruled that BTW showed substantial opposition from the commercial sector of German-language travel agents, but not from other sections of the community such as individual travelers.
Finally, he ruled that Donuts had promised to put enough protection mechanisms in place to mean there was unlikely to be a detriment to the .reisen community.
The objection was dismissed.

ICANN compliance not broken, Ombudsman rules

Ombudsman Chris LaHatte has rejected a complaint from spam research firm KnujOn — and 173 of its supporters — claiming that ICANN’s compliance department is failing consumers.
In a ruling posted online today, LaHatte said there was “no substance” to complaints that a small number of “bad” registrars, notably BizCN, have been allowed to run wild.
KnujOn’s Garth Bruen is a regular and vocal critic of ICANN compliance, often claiming that it ignores complaints about bad Whois data and fails to enforce the Registrar Accreditation Agreement, enabling fake pharma spamming operations to run from domains sponsored by ICANN-accredited registrars.
This CircleID blog post should give you a flavor.
The gist of the complaint was that ICANN regularly fails to enforce the RAA when registrars allow bad actors to own domain names using plainly fake contact data.
But LaHatte ruled, based on a close reading of the contracts, that the Bruen and KnujOn’s supporters have overestimated registrars’ responsibilities under the RAA. He wrote:

the problem is that the complainants have overstated the duties of the registrar, the registrant and the role of compliance in this matrix.

He further decided that allegations about ICANN compliance staff being fired for raising similar issues were unfounded.
It’s a detailed decision. Read the whole thing here.

Chehade talks up split from US oversight

ICANN CEO Fadi Chehade used his keynote address at the newdomains.org conference this morning to discuss his plans to divorce the organization from US governmental oversight.
With a split from the US recurring theme in his recent speeches, Chehade nevertheless warned that there were risks that such a move could create a dangerous governance vacuum.
“The current ICANN contract that gives the US government a unique role in the root management function is not sustainable,” he said. “It’s just not sustainable.”
That seems to be a reference to the IANA contract, in which the US has essentially a veto on ICANN’s decisions regarding root zone changes such as new gTLD delegations.
“I think we need to think together how we grow from that and how we globalize that contract,” he said. “But we need to be very careful about creating a vacuum or uninteded consequences that would destabilize the root of the internet.”
While Chehade noted that a split from the US has always been envisaged, he said that the revelations about US internet surveillance made by NSA defector Edward Snowden has provided a catalyst to speed it up.
When Brazilian president Dilma Rousseff recently called for a “multilateral” (read: inter-governmental, (read: ITU)) approach to internet governance, Chehade and an ICANN team traveled to Brazil to persuade her to instead focus on the creation of a “multistakeholder” model instead.
There’s now a “coalition” of the “I*” groups (ICANN, IETF, etc), big-name companies such as Disney, and governments such as Brazil, focused on creating multistakeholder solutions to problems — such as spam and cyber-bullying — that are not in ICANN’s purview Chehade said.
There’s a multistakeholder meeting planned for April or May next year (I’ve heard both dates), to be hosted by Brazil, that will look at internet governance post-Snowden.
This meeting is about “allowing ICANN to not expand its remit”, according to Chehade. He said: “We don’t want to expand our remit.”
What we seem to be looking at here is the creation for a new organization, of which ICANN could be a member, that will allow stakeholders to coordinate responses to tricky cross-border internet problems.
While ICANN seems to be taking the leading role in its creation, it doesn’t sound like ICANN is trying to get into issues beyond naming and addressing, judging by Chehade’s speech this morning
Chehade also talked up ICANN’s support for the domain name industry.
He admitted that ICANN has caused a lot of problems for new gTLD applicants over the course of the gTLD program, but promised that this will change, with ICANN taking a more “background” role.
“You need less risk and more stability from the ICANN side,” he said. “You have suffered for a long time from a lot of instability, a lot of unknowns.”
Increased automation, internationlization and professionalism from ICANN will serve this goal, he said.
ICANN’s compliance department, he added, should “not be the policeman for the industry but be customer service for the registrants”, he said.

Six more gTLD contracts signed

ICANN signed six more new gTLD Registry Agreements on Friday, bringing the week’s total to eight.
Donuts added .cab, .computer and .support to its rapidly expanding portfolio of generics, while its partner United TLD (Demand Media) added .dance.
GMO Registry, which had teething troubles during Initial Evaluation before switching back-end providers, signed a contract for the Japanese geographic .nagoya.
Finally, Spanish clothing company Punto Fa, S.L., trading as MANGO, got the dot-brand .mango.
ICANN now has 72 new gTLD RAs, the first four of which have gone live.

ICANN signs contracts for .wang and .democrat

The new gTLD applicants behind .wang and .democract are the latest to sign Registry Agreements with ICANN.
Demand Media’s United TLD is behind .democrat, while .wang was applied for by small Chinese portfolio applicant Zodiac Holdings. Both were uncontested applications.
Both are to be open gTLDs.
For .democrat, Demand expects names to be registered by anyone who identifies themselves as a democrat. There were no objections, and to the best of my knowledge no explicit support, from “Democrat” parties
.wang is a weird one.
It’s the Latin-script transliteration of the Chinese character 网, which means “net”. Zodiac couldn’t apply for the Chinese because it’s a single character, which are not yet allowed under ICANN rules.
I understand that 网 is often used by Chinese speakers to mean “network” or “website”, but I don’t know how commonly the ASCII “wang” is used instead. Seems like a stretch.
It also of course is a common Chinese surname and a juvenile euphemism for “penis”.

ICANN helps bust Russian child porn ring

ICANN recently helped break up a Russian child pornography ring.
That’s according to a remarkable anecdote from CEO Fadi Chehade, speaking during a session at the Internet Governance Forum in Bali, Indonesia today.
The “investigative effort” took “months” and seems to have entailed ICANN staff sifting through company records and liaising with law enforcement and domain name companies on three continents.
Here’s the anecdote in full:

We participated in a global effort to break down a child pornography ring.
You think: what is ICANN doing with a child pornography ring? Well, simple answer: where does child pornography get put up? On a web site. Where’s that web site hosted? Well, probably at some hosting company that was given the web site name by a registrar that is hopefully a registrar or reseller in the ICANN network.
We have a public responsibility to help with that.
We have some of the smartest people in the world in that space.
It took us months to nail the child pornography ring.
It took us through LA to Panama. We had to work with the attorney general of Panama to find the roots of that company. One of our team members who speaks Spanish went into public company records until he found, connected — these are investigative efforts that we do with law enforcement — then we brought in the registrars, the registries… and it turned out that this ring was actually in Russia and then we had to involve the Russian authorities.
ICANN does all of this work quietly, in the background, for the public interest.

Wow.
At first I wasn’t sure what to make of this. On the one hand: this obviously excellent news for abused kids and ICANN should be congratulated for whatever role it took in bringing the perpetrators to justice.
On the other hand: is it really ICANN’s job to take a leading role in covert criminal investigations? Why are ICANN staffers needed to trawl through Panamanian company records? Isn’t this what the police are for?
ICANN is, after all, a technical coordination body that repeatedly professes to not want to involve itself in “content” issues.
Session moderator Bertrand de La Chappelle, currently serving out his last month on the ICANN board of directors, addressed this apparent disconnect directly, asking Chehade to clarify that ICANN is not trying to expand its role.
In response, Chehade seemed to characterize ICANN as something of an ad hoc coordinator in these kinds of circumstances:

There are many topics that there is no home for them to be addressed, so ICANN gets the pressure. People come to us and say: “Well you solve this, aren’t you running the internet?”
We are not running the internet. We do names and numbers. We’re a technical community, that’s what we do.
But the pressure is mounting on us. So it’s part of our goal to address the larger issues that we’re not part of, is to frankly keep us focused on our remit. In fact, ICANN should become smaller, not bigger. It should focus on what it does. The only area we should get bigger in is involving more people so we can truly say we’re legitimate and inclusive.
The bigger issues and the other issues of content and how the internet is used and who does what, we should be very much in the background. If there is a legal issue, if we are approached legally by an edict of a court or… if it’s a process we have to respond to it.
We don’t want to be instigating or participating or leading… we don’t, we really don’t.

A desire to make ICANN smaller doesn’t seem to tally with the rapid expansion of its global footprint of hubs and branch offices and the planned doubling of its staff count.
Indeed, the very next person to speak on today’s panel was Chehade’s senior advisor and head of communications Sally Costerton, who talked about her team doubling in size this year.
I don’t personally subscribe to the idea that ICANN should be shrinking — too much is being asked of it, even if it does stick to its original remit — but I’m also not convinced that it’s the right place to be be carrying out criminal investigations. That’s what the cops are for.

On day one, Donuts in breach of new gTLD contract

Ooops! Donuts accidentally broke the terms of its first new gTLD Registry Agreement last night, just hours after its first string, .游戏, was delegated to the DNS root.
If you’ve been following the name collisions debate closely, you’ll recall that all new gTLD registries are banned from activating any second-level domains for 120 days after they sign their contracts:

Registry Operator shall not activate any names in the DNS zone for the Registry TLD (except for “NIC”) until at least 120 calendar days after the effective date of this agreement.

For the first four gTLDs to go live, that clock doesn’t stop ticking until November 12.
And yet, last night, Donuts activated donuts.游戏, apparently in violation of its new contractual obligations with ICANN.
The name was live and resolving for at least an hour. Donuts pulled it after we asked a company executive whether it might be a breach of contract.
I don’t think it’s a big deal, and I doubt ICANN needs to take any action.
Chalk it down to the understandable ebullience that naturally accompanies finally getting delegated to the root after such a long and painful evaluation process.
The 120-day rule was also a late amendment to Specification 6 of the RA, added by ICANN just seven days before .游戏 was delegated and over three months after Donuts signed the original contract.
It’s designed to address the potential for collisions between second-level domains in new gTLDs and names used on internal networks that already have working SSL certificates.
The no-activation window was chosen to match the 120-day period that the CA/Browser Forum gives its certificate authority members to revoke clashing certificates.
It seems unlikely donuts.游戏 will have caused any security issues during the brief period it was alive.