This is how stupid the GAC’s new gTLDs advice is

For the last few weeks I’ve been attempting to write a sensible analysis of the Governmental Advisory Committee’s advice on new gTLDs without resorting to incredulity, hyperbole or sarcasm.
I failed, so you’ll have to read this instead.
I’m sorry, but the GAC’s Beijing communique (pdf) just has too much stupid in it to take seriously.
As a quick reminder, the bulk of the GAC’s advice was taken up by a list of hundreds of applied-for strings, in 12 categories, that “are likely to invoke a level of implied trust from consumers”.
The GAC said that any string on the list should be subject to more stringent regulation than others, turning their registries into data security regulators and creating an obligation to partner with “relevant regulatory, or industry self-­regulatory, bodies”.
The GAC, having advised the creation of these unexpected obligations, decided that it wasn’t its responsibility to figure out whether any of them would be feasible to implement.
That’s apparently up to ICANN to figure out.
But that’s not the most infuriating part of the advice. The most infuriating part is the list of strings it provided, which by the GAC’s own admission was unhelpfully “non-exhaustive”.
When one performs a cursory analysis of the list, and compares it to the strings that did not make it, the dumb just accumulates.
My spies tell me that the GAC worked into the early hours on a few occasions during the Beijing meeting in order to put this advice together, and some might say it’s unfair to expect its members to have read and formed consensus opinions on all 1,930 original new gTLD applications.
But the GAC wasn’t expected to read them all, nor did it. Its job was originally conceived of as commenting on the strings alone, and that appears to be what it ultimately did limit itself to.
I think it’s fair to try to get some insight into the GAC’s collective thought process by looking at the “Category 1” strings that it did put on the list and those that it did not.
Not because I think there’s a coherent thought process at work here, but because I think there isn’t.
Remember, the GAC had nine months to come up with its list. This article was written in an afternoon.
Here’s my list of bizarre inconsistencies, failed reality checks and pure dumb I found in the Beijing communique.
It’s non-exhaustive.
Destroy all pirates!
The GAC is clearly a bit worried that people might use new gTLDs to offer pirated and counterfeited goods (like they do in existing TLDs), so it has placed a few dozen content-related strings on its list.
The intellectual property list is one of the longest of the 12 categories in the Beijing communique.
But it could be longer.
I wonder why, for example, the GAC doesn’t consider .stream a threat to copyright? Streaming sites are frequent targets of takedown notices.
Why does .hiphop get a mention but not .country, a gTLD specifically designed for country music lovers?
Why are .photography, .photo, .photos, .pictures and .pics not on the list? Image theft is pandemic online, enabled by default in browsers (no P2P required) and utterly trivial to execute.
And if .tours is considered a problem, why not .events, or .tickets?
We’re talking about sectors with abuse potential here, and ticketing is considered worthy of legislation in many places. Here in England you can get a £5,000 fine for reselling a ticket to a football match.
Why is .tours even on the intellectual property list? It could just as easily refer to organized vacations or guide services provided by museums. Or the French city of the same name, for that matter.
Why aren’t our friends in Tours getting the same GAC love as Spa and Date — towns in Belgium and Japan — which have caused the delay of advice on .spa and .date respectively?
And why are .free, .gratis and .discount considered intellectual property problems?
How is the .free registry supposed to follow the GAC’s demand that it partner with “relevant regulatory, or industry self­‐regulatory, bodies” for free stuff? Does “.free” even have an “implied level of trust”?
Is the GAC’s goal to kill off the bid by the back door?
Goodbye .free, you couldn’t guarantee that there wouldn’t be piracy in your TLD so your application is forfeit? A potentially cool TLD, sacrificed on the altar of Big Copyright?
Don’t even get me started on .art…
Won’t somebody think of the children?!
The GAC did not say why the “children” category exists, but I assume it’s about ensuring that the content in TLDs such as .kids and .school is suitable for “kids” (pick your own definition, the GAC doesn’t have one).
It goes without saying that any TLD that is obliged to follow child-friendly rules will be saddled with a commercial death sentence, as the US government already knows full well.
The GAC didn’t include .family on the list for some reason, but it did inexplicably include .game and .games.
In the last game I played, my character stabbed a guy in the neck with a broken bottle, stole his clothes and threw his body off a cliff. Gaming is a predominantly adult pastime nowadays.
Suggesting that .games sites need to be child-friendly is just as stupid as saying .movie or .book sites need to be child-friendly.
I’m sure GAC chair Heather Dryden is far too sensible and grown-up to play games, but I’d be surprised if not a single member of the committee owns an Xbox. One of them should have pointed this nonsense out.
If the GAC is not saying this — if it’s merely saying the .games registry should work cooperatively with the gaming industry — then why is .games in the “Children” category?
The GAC Diet
Another couple dozen strings are listed under the “health and fitness” category, ranging from the not-unreasonable, such as .doctor, to the terrifically broad, such as .diet and .care.
Really? .care?
Donuts, the .care applicant, has to partner with some kind of medical register in order to sell a TLD that could just as easily be used for customer support by a company that sells shoes?
And .diet? If the GAC is concerned about internet users getting dodgy dieting advice from a disreputable .diet registrant, why not also issue advice against .eat and .food?
If .fitness is a problem, why isn’t .yoga?
Why isn’t the GAC bothered by .tattoo and .ink? Where I live, you need to be a licensed professional in order to stick people with an inky needle.
For that matter, why aren’t .beauty and .salon a problem? Pretty much every beauty salon I’ve walked past in the last couple of years wants to inject toxins into my face for a fee.
If we’re already saying games are for kids, that free equals fake, and that tours can be pirated, it doesn’t seem like too unreasonable a leap to to regulate .beauty too.
You feed beefburgers to swans
There’s a provision in the Beijing communique saying that every string on the GAC’s list must force its registrants “to comply with all applicable laws, including those that relate to… organic farming.”
So why the hell doesn’t .farm appear on the list?!?
Really, it doesn’t. I’ve triple-checked. It’s not there. According to the GAC’s advice, a .bingo registrant has to abide by organic farming laws but a .farm registrant does not.
Some professions are more equal than others
For all of the “Category 1” strings the GAC has advised against, the headline argument is this:

Strings that are linked to regulated or professional sectors should operate in a way that is consistent with applicable laws.

But there are plenty of strings that are “linked to regulated or professional sectors” that don’t merit a mention in the communique.
Alcohol, for example. The sale of booze is regulated pretty much everywhere — in some places it’s illegal — but .pub and .bar don’t make it to the GAC’s advice. Neither does .vodka.
If the GAC wants .weather to have strict controls — with no abuse scenario I can think of — why not a couple of TLDs that could, potentially, be used to sell alcohol over the internet?
What of construction? There may have been advice against .engineer, but .construction, .building, .contractors and .build got a pass. Why? Governments everywhere regulate the building industry tightly.
Here in the UK, if you want a plumber to come over and tinker with your heating you’d better hope they’re on the Gas Safe Register, but .plumber doesn’t show up in the Beijing communique.
Why not? An abusive .dentist registrant could mess up my teeth, but he’ll need an expensive surgery to do it in. An abusive .plumber, on the other hand, can come over and blow up my house with no such outlay.
Taxis are regulated in most big cities, but .taxi and .limo escaped GAC advice. Hell, even porn is strictly controlled in many countries, but .porn got a pass.
I could go on.
Anyway…
You might think I’m being petty, but remember: the GAC got the list of applied-for strings last June the same as everybody else. It had plenty of time to get its advice list right.
The GAC has a big responsibility in the multi-stakeholder process and by presenting advice that appears half-assed at best it makes it look like it doesn’t take that responsibility seriously.
I know it does, but it doesn’t appear that way.

Demand Media slates GAC’s new gTLDs demands

Demand Media has become the first new gTLD applicant to put its head above the parapet and tell ICANN that its latest batch of Governmental Advisory Committee advice is unworkable.
While its comment on the GAC’s Beijing communique is very diplomatically worded, it’s obvious that Demand reckons most of the “safeguard” advice it contains would be difficult, if not impossible, to implement.
The company has urged ICANN to refuse to adopt the advice, saying:

the spirit and actual letter of the GAC Advice related to these additional safeguards comes in a manner and form that is completely antithetical and contrary to ICANN’s bottom-up, multi-stakeholder, consensus-driven policy development process. Because the proposed safeguards, if implemented, would effectively change how new gTLDs are managed, sold, distributed, registered, operated, and used in the marketplace, the GAC Advice is tantamount to making “top-down,” dictatorial, non-consensus, policy which undermines the entire ICANN model. If ICANN chose to adopt any one of these three safeguards, ICANN itself would lose all legitimacy.

Demand seems to agree with many of the points raised in this DI post from a few weeks ago related to the GAC’s demand that hundreds of new gTLD registries should compel their registrants to stick to data security standards when they handle sensitive financial or healthcare data.
The GAC’s advice is extremely broad here and pays scant attention to the innumerable implementation questions raised. As such, Demand says in its comment (filed by applying subsidiary United TLD Holdco):

United TLD believes applicable laws and recognized industry standards should be developed and implemented by appropriate legislative, law enforcement and industry expert bodies and should not be developed by the registry operator.

It also takes issue with the GAC’s demand for registry operators to “establish a working relationship with the relevant regulatory body including developing a strategy to mitigate abuse.”
The company points out that many TLDs listed in the Beijing communique will have multiple uses, and even if there is a regulatory body for a subsection of registrants, it may not cover all.
For example, should a software engineer (an unregulated profession) have to agree to abide by rules developed for civil engineers when they register a .engineer domain name?

it would be inappropriate, and impossible, to find a “relevant regulatory body” with whom to establish a relationship related to the use of .ENGINEER. Additionally, what if the relevant regulatory body simply declined to work with a registry operator or does not respond to requests for collaboration?

The Demand comment is full of examples of problems such as this.
In broader terms, however, the registrar and applicant is utterly opposed to the GAC’s insistence that “certain” unspecified gTLDs representing regulated sectors should be forced, in effect, to transform into tightly restricted sponsored gTLDs.
The GAC wants these applicants to forge tight links with regulatory and self-regulatory bodies and vet each registrant’s credentials before allowing domains to be registered.
Demand said:

applicants, including United TLD, submitted their new gTLD applications believing that that they would be operating, managing and distributing generic TLDs. These three Safeguards completely change the nature of the new TLDs from being generic and widely available, to being “sponsored” TLDs restricted only to those individuals who must prove their status or credentials entitling them to register domain names with certain extensions. These three Safeguards are patently adverse to the core purpose of the new gTLD program and ICANN’s mission generally which is to promote consumer choice and competition.

While Demand is the first application to slam the GAC advice as a whole (a few others have submitted preliminary comments on specific subsets of advice), I’m certain it won’t be the last.
That said, .secure applicant Artemis Internet submitted what is possibly the most amusing example of “sucking up” I’ve ever seen in an ICANN public comment period.
The company actually requests to be added to the list of strings covered by the GAC advice on the grounds that its application was so gosh-darn wonderful it already planned to do all that stuff anyway.
I expect, by the time the comment period closes next Tuesday the prevailing mood from applicants will be more Demand and less Artemis.

Three more registrars get breach notices

ICANN has told three registrars that they’re in breach of their contracts and risk losing their accreditations.
Two of the companies in receipt of breach notices this week — Internet Solutions and DomainSnap — have no gTLD domains under management, but the other, Aregentinian registrar Dattatec, has over 90,000, making it the 112th-largest registrar.
The former two have simply not paid their fees, according to ICANN.
Dattatec, meanwhile, also stands accused of not adequately responding to Whois accuracy complaints on a handful of distinctly spammy-looking domain names in its care.
All three have been given until almost the end of the month to sort out the problems or face the possibility of termination.

KSRegistry takes over .gd but questions remain about two other hijacked ccTLDs

KSRegistry has been appointed the new registry operator for Grenada’s ccTLD after bad management at the previous operator led to the whole TLD being hijacked.
But the fate of two other hijacked ccTLDs — .tc and .vg — appears to be less certain, with significant confusion over who’s in charge at both.
One of them, at least, may still be “hijacked”.
But KSRegistry, part of the KeyDrive group, said today that it took over the technical management of .gd from AdamsNames (Amaryllis Investments Ltd) on May 1.
While a press release describes the change as a “redelegation” by ICANN’s IANA function, in fact it’s just a change of technical contact in the IANA database.
Grenada’s National Telecommunications Regulatory Commission remains the official, delegated manager of the TLD.
The hasty switch-over follows the alleged wholesale hijacking of the ccTLD by a disgruntled former employee of AdamsNames, who temporarily relocated it from the UK to Turkey.
The TLD, along with .tc and .vg, went AWOL in March after one Ertan Ulutas apparently took over the domain AdamsNames.net, the web site which was used by registrants to manage their names.
For a couple of weeks the site remained in the hands of the alleged hijacker, and all the while the AdamsNames.net site presented itself as the official registry manager.
KSRegistry was at the time the appointed back-end provider, appointed last year, for AdamsNames.
Due to the period of confusion, KSRegistry said today that the integrity of registration data in .gd may have been compromised, and that the zone will be “frozen” until May 21.
KSRegistry said in a statement:

While the .GD zone is frozen, no registrations, modifications, transfers, deletions or renewals can be made until the zone file has been fully reviewed and confirmed as valid and complete. Expired domains which are still in the zone can explicit be set to be either deleted or renewed prior to the reactivation of automated domain deletion function on May 21. Contact and nameserver updates can be done by each registrar for the domain names in its portfolio once the ServerUpdateProhibited status is removed. The NTRC and the KSregistry GmbH intend to resolve the discrepancies in the registration data with the .GD accredited registrars until May 21, 2013.

Getting rid of AdamsNames seems like a smart move by Grenada.
While AdamsNames has not been accused of any wrongdoing, allowing its TLDs to get hijacked, putting many thousands of domains at risk, certainly smacks of incompetence.
And the current status of .tc and .vg is unclear enough that I’d advise extreme caution when doing business with either TLD until further notice.
According to IANA records, .vg (British Virgin Islands) still has AdamsNames listed as the technical manager, but there have been significant, dodgy-looking changes at .tc recently.
Notably, references to AdamsNames as technical contact and official registration site for the ccTLD have been removed and replaced with those for a couple of new companies.
TLD AS (based in Turkey) and Meridian TLD (based in the British Virgin Islands) have been named as technical contact and registration site for .tc respectively.
Also, a name server for .tc that was operated by RIPE (a respectable organization), was also removed and replaced with one from zone.tc, a domain controlled by Meridian TLD, in early April.
All the name servers for .tc, and all but one of the name servers for .vg, are now on domains controlled by Meridian.
On the face of it, it looks almost legit. Meridian’s web site even states that its representatives were at the ICANN meeting in Beijing a month ago.
But according to AdamsNames, Meridian is actually run by Ulutas (the alleged hijacker) and at least two other people, and the two other people showed up in Beijing pretending to represent AdamsNames.
AdamsNames said on its web site:

We have to state frank and clear that neither Ayse Ergen nor her companion are authorised to represent or to act on behalf of AdamsNames Limited. By posing as employees of AdamsNames, the group of criminals around Ertan Ulutas, newly also known as “Meridian TLD Corp.”, continues its efforts to hijack the business of AdamsNames (run since 1999) by underhand means.

ICANN/IANA, according to AdamsNames, was aware of its complaints about Meridian from late March, which was before it made the changes that gave Meridian effective control over .tc.
Right now, it looks disturbingly like the alleged “hijacker” has actually managed to not only take over operations for at least one entire ccTLD but also to make it official.

See all new gTLD Initial Evaluation scores in one place

Today, we’ve launched a new search tool that enables you to easily view, search and sort new gTLD program Initial Evaluation scores from a single page.
The tool, available to DI PRO users here, is designed for those who desire a little more granular data on IE results than currently displayed on the New gTLD Application Tracker.
Users can see financial, technical and total evaluation scores for each application that has been processed through IE (currently 244 applications) in the same sortable table.
Results can be filtered by string, applicant (or portfolio parent) and back-end registry services provider.

New scores will be added every Friday night (or Saturday morning, depending on the timing of ICANN’s results publication) until Initial Evaluation ends.

ICANN passes 31 more new gTLD bids

Another 31 new gTLD applications have passed Initial Evaluation in ICANN’s weekly batch of results.
The applied-for strings receiving passing grades are:

.gay, .statebank, .tkmaxx, .school, .app, .thai, .site, .democrat, .holdings, .room, .equipment, .alipay, .merck, .fls, .fire. .cloud, .rugby, .now, .news, .mtn, .bike, .estate, .auto, .gripe, .naspers, .deal, .xbox, .cars, .virgin, .insurance, and .art

There are now a total of 244 applications with passing scores on IE, and only one that did not pass. The highest priority number application to have its results published is 300.
According to the DI PRO New gTLD Application Tracker, which has been updated with the latest results, 179 of the passing applications are uncontested, and 142 of those have no Governmental Advisory Committee worries and no objections.

ARI drops .book new gTLD bid

ARI Registry Services has withdrawn its application for the .book new gTLD.
The application was one of nine for .book and is the first in the contention set to be withdrawn.
The application lists Global Domain Registry Pty Ltd as the applicant, but all the contact information belongs to ARI/AusRegistry and its executives.
ARI was also its selected back-end provider.
The company had proposed a restricted .book, where you could only register a name if you had an ISBN number.
It had a priority number of 1,464, so was not due to get its Initial Evaluation results for many weeks.
It’s a crowded contention set, however — other applicants include Google, Amazon, Top Level Domain Holdings and Donuts — that may well wind up costing a lot of money to resolve.
It’s the 57th new gTLD application to be withdrawn; 1,873 remain.

Web.com CEO talks “defensive” .web strategy

Number-three registrar Web.com applied for the new gTLD .web in order to protect a trademark, but it’s open to partnerships to secure and manage the string, according to its CEO.
But the .web contention set will take a “considerable amount of time to be resolved”, David Brown told analysts during the company’s first-quarter earnings conference call last night.
“The way we’ve always thought about .web is that given that we have a trademark on the name Web.com, we really needed to apply for .web in order to protect our trademark,” he said.
“In order to protect our trademark globally, we needed to basically defend ourselves by applying for .web, and we’re certainly interested in getting it, but it’s not our core business,” he added.
Web.com, which also owns Network Solutions and Register.com, is one of seven applicants for .web.
But the company did not file any Legal Rights Objections against its competitors, as its trademark may have permitted, reflecting a slightly relaxed attitude to the string that also came across in the yesterday’s call.
Brown said, according to the Seeking Alpha transcript:

We’ll be perfectly content if anyone gets .web because they’re going to distribute it through us, and it’s our name, and we’re advertising and building a brand in the marketplace, and we’re going to be a great deliverer of .web extensions, whoever gets it, whether it’s us or someone else.

He indicated that the ultimate winner of .web is likely to be some kind of cooperative arrangement between applicants. He said:

Our strategy has always been to cooperate. And so we’ve looked at the people who have applied, and we certainly are talking to all of them about who would benefit from this and which team would be the best team to provide services, and so that would be our strategy… We won’t bear the full load of the economics of acquisition ourselves likely. It’ll likely be shared.

To me, this screams “joint venture”, which has always been the way I’ve seen .web pan out. If you recall, when Afilias was formed to apply for .web in 2000, it was a joint venture of many leading registrars of the time.
Brown also said on the call that he expects to see the first new gTLDs get approved in the fourth quarter, but they’ll be the uncontested ones and therefore not particularly lucrative.
Web.com could also be the beneficiary of marketing dollars spent by new gTLDs to secure shelf space, he said.

ICANN to consider GAC Advice next week

ICANN’s board of directors is to discuss its response to the Governmental Advisory Committee’s sweeping new gTLDs advice at a meeting next week.
The New gTLD Program Committee has “Plan for responding to the GAC advice issued in Beijing” on its May 8 agenda. It’s the only specific topic listed for discussion at the meeting.
The GAC’s Beijing communique proposed a radical overhaul of the new gTLD approval process, with new anti-abuse requirements for all applicants and strict restrictions on 517 specific applications.
Due the breadth of the GAC’s advice, there are major procedural questions in play that could change the timeline of the new gTLD program, in addition to the substantial questions related to applications.
The document is currently open for public comment, with a close date for first-stage comments of May 14.
It’s not clear whether comments filed before May 8 will be made available to the board committee.

YouPorn spanks ICM as .xxx prices slashed

YouPorn owner Manwin Licensing scored a PR coup in its lawsuit against ICM Registry today, when the .xxx registry agreed to steep financial concessions in order to settle the case.
One of the effects of the settlement, at least according to Manwin, is that .xxx is slashing its registry fees from $60 to $7.85 a year for any new domains registered in May.
That brings .xxx into line with .com pricing, temporarily.
The discount only lasts for a month, but it applies to any length of registration up to 10 years. A 10-year registration would see ICM get $78.50, as opposed to the usual $600.
ICM said it will offer price reductions in future years too.
According to Manwin, this reduction is part of the settlement of the anti-trust lawsuit that it filed in November 2011.
“One of Manwin’s key motivations was to make .XXX pricing lower and more competitive,” the company said in a press release.
However, ICM told its registrars about the price reduction over a month ago, so Manwin’s claims might not be as straightforward as they seem.
What’s less open to interpretation is ICM’s agreement to donate $2 from every new .xxx domain created into “a fund designated by Manwin to support the adult entertainment industry”.
In return, Manwin has agreed to drop its boycott of .xxx — ads for .xxx sites will now be allowed to appear on its highly trafficked “tube” sites.
According to a Manwin press release, ICM has also made the humbling admission that “websites hosted on their adult-specific TLDs are not the only responsible and safe adult content websites.”
The lawsuit originally claimed that ICM and ICANN acted anti-competitively by introducing .xxx. ICM counter-sued saying that Manwin’s boycott was illegal.