New TLD firms to ICANN: “Get on with it”

A number of prospective domain name registries have called on ICANN to shorten the window for its first round of new top-level domain applications.
While we now know that ICANN is working towards a May 30, 2011 opening date for applications, its recently published timeline does not specify how long the application period will last.
However, last month’s draft document “Delegation Rate Scenarios For New gTLDs” (pdf) states that the window of opportunity for TLD applicants will last 90 days.
Now, many of the companies and organizations that have been waiting the longest to apply have asked ICANN to narrow that period to 30 days.
Jon Nevett, president of Domain Dimensions, in a comment on the delegation rate report, wrote:

In prior presentations and discussions with ICANN staff, a 30-day application window had been discussed. I’m not sure how the 30 days turned into a 90-day window in this report. Tacking a 90-day window on after a four-month communications period does not make sense and is extremely unfair to applicants.

After the publication of the final Applicant Guidebook (AGB), ICANN plans to conduct a four-month outreach and marketing effort before accepting applications. The current draft AGB predicts an eight-month processing period for the very simplest applications.
Nevett, and others that subsequently echoed his views, believe that the longer window punishes companies that have invested resources in new TLD applications over the last few years.
There have already been a number of delays to the program’s launch, which was originally scheduled to kick off in 2009, and then mid-2010.
Nevett wrote:

Let’s stop punishing applicants by sucking them dry of all of their working capital by creating a seven-month communications/application period followed by a minimum eight-month review period piled on the years that they already have been waiting. We could do better.

His views were supported in separate comments by commercial operators including of Minds + Machines and .MUSIC, along with geo-TLD efforts including dotBERLIN and dotAfrica.
While the comment period has seen no opposing views, one criticism previously offered by opponents of the new TLD program is that it will unfairly benefit “insiders” – those people who participate regularly in ICANN for their own business purposes.

Will the new TLD guidebook provide answers?

ICANN is due to publish an Applicant Guidebook for new top-level domain registries tomorrow, and there are still big question marks over its contents.
Judging from a preliminary report from the ICANN board’s most-recent official meeting, some key decisions may not have yet been taken.
Perhaps the biggest unresolved issue is whether to permit the “vertical integration” of registry and registrar functions.
Which way ICANN swings on this problem will determine which companies are eligible to apply for new TLDs, how their business models will be structured, and how realistic “.brand” TLDs will be.
The ICANN community failed to reach consensus on this issue, largely due to differing business interests and a few consumer protection concerns.
But it looks like the ICANN board did not even discuss the matter at its October 28 meeting. The preliminary report has this to say:

2. Vertical Integration
In the interests of time, the Chair adjourned this item of discussion to a later date.

That “later date” may have been last Thursday and Friday, when the board held its rescheduled “retreat”, which is not designated as an official meeting.
On “Rec6”, previously known as the “morality and public order” objections process, the board passed no resolution October 28, but seems to have endorsed further discussions with the community.
The preliminary report states:

The Board discussed staff presentation and, in conformance with staff recommendation, directed staff to provide a briefing paper to the working group and to coordinate a call with the working group to further discuss the issues.

If the Rec6 working group mailing list and the GNSO calendar are any guides, that meeting has not yet been called (at least not publically).
The report also addresses geographic domains and issues that need to be taken into account given what ICANN’s Affirmation of Commitments with the US government says about new TLDs.

The Board agreed that staff provide a paper on geographic names to the GAC, the Chair of the GAC would check on the scope of issues still requiring discussion, and then the Chairs of the GAC and the Board would discuss the process for resolution to move this issue forward prior to Cartagena.
…
The Board discussed a paper regarding the adherence to the conditions set out in the Affirmation of Commitments in launching New gTLDs, and the need for identifying objective metrics to measure ICANN’s performance. The Board asked staff to consider what known performance indicators for the New gTLD program may be, what the adequacy scale is for measuring, and try to set that out for future conversation.

With all this in mind, it seems to me that while we may have a timeline for the launch of the new TLD program, there’s still much more to do than merely cross t’s and dot i’s.
Can we expect more placeholder text in tomorrow’s Applicant Guidebook?

ICM buys dotxxx.com for $25,000 and unveils new slogan

ICM Registry, the would-be .xxx registry operator, has acquired the domain name dotxxx.com from a Korean domainer for $25,000, to support an upcoming marketing campaign.
The company is also expected to unveil a punny new slogan, “Let’s be adult about it”, following its recent hiring of international ad agency M&C Saatchi.
The dotxxx.com domain currently redirects to icmregistry.com, the company’s main site. The private sale used Sedo for escrow.
Given the amount of cash ICM has spent attempting to get .xxx approved over the last ten years, $25,000 is a drop in the ocean.
ICANN recently decided to refer its application to the Governmental Advisory Committee for a consultation, before it makes a final call on whether to approve it or not.

Uber-short .travel domains up for grabs

Tralliance, the .travel registry, is to allocate one and two-character domains for the first time, via a request for proposals process.
For the month of December, interested parties will be able to apply to register almost any single or double-character domain without having to pay a tonne at auction. Tralliance said:

This will be your best chance to register a high value domain name in one of the most active industries on the Internet, without paying a premium price, simply by giving us your best ideas for how you will promote your names and .Travel.

This appears to be similar to co-marketing offers made in other TLD registries, such as .biz and .mobi, over the last couple of years.
All the letters of the alphabet and all the numerals will be available. Of the two-letter combinations, only strings matching existing country-code TLDs, such as US and UK, are prohibited.
Tralliance said it will release the names in phases, and that a “very limited” number will be available following the December round.
It’s particularly keen on ideas that somehow tie one super-short .travel domain to a bunch of other normally registered .travels, for maximum visibility.
Tralliance received authorization from ICANN to release these short names in August.

DotFree starts taking .free domain preregistrations

The DotFree Group, which plans to apply to ICANN to run .free as a top-level domain, has become one of the first would-be registries to open its doors for preregistrations.
From noon UTC today, the Czech company has made a tool available on its web site enabling users to reserve their desired strings by handing over their contact information.
Of course, there’s no guarantee any preregistration will actually turn into a .free domain – ICANN may turn down DotFree’s application or award the string to another bidder.
While the plan is to offer some .free domains free of charge, DotFree intends to hold tens (or hundreds) of thousands of “premium” strings for auction or paid-for registrations.
In other words, if you try to register any really juicy strings today, you’re out of luck.
DotFree is one of only a few unapproved TLD registries to accept preregistrations.
ICM Registry started taking .xxx preregs a few years ago, but only after it had already received ICANN’s approval (which was, of course, later revoked).
Another wannabe TLD operator, the MLS Domains Association, is charging “multiple listing service” real estate brokers many hundreds of dollars for the opportunity to own their own .mls domain name.
UPDATE: Messing around with the preregistration tool, I’ve noticed that it appears to ban any string that ends with the number 4. Presumably these will be “premium”, due to the “for” pun.

.XXX debate could test GAC powers

The long-running .xxx top-level domain saga has tested ICANN processes to their limits over the last decade, and it looks like it may do so at least one more time.
Digging a little deeper into the board’s decision to consult with its Governmental Advisory Committee before approving the TLD, it looks like the discussion will be quite broad-based.
The .xxx consultation could in fact have consequences for the board/GAC power balance, helping define the parameters of their future interactions.
This PDF, published at the same time as last week’s board resolution on .xxx, outlines three GAC positions that could have a bearing on the matter.
The first is its communiqué from the Wellington meeting in 2007, which noted that several GAC members were “emphatically opposed” to the introduction of .xxx.
The GAC operates on a consensus basis. When it can’t find consensus, its communiqués also reflect minority positions. So ICANN now wants to know whether the Wellington letter constitutes GAC “advice”.

The question remains whether a position taken by “several members of the GAC” can be equated with GAC advice on public policy matters. If it is not GAC advice, then the concern of inconsistency [of the .xxx contract with GAC advice] diminishes.

Some may be surprised to discover that, after over a decade, there’s no broad agreement about when something the GAC says constitutes official “advice” that ICANN, under its bylaws, must consider.
Attendees to the Brussels meeting this June will recall that the joint board-GAC meeting, transcribed here, spent most of its time labouring on this apparent oversight.
In consulting with the GAC on .xxx, there’s an outside chance that some answers with regards the definition of “advice” may be found.
It wouldn’t be the first time ICM Registry’s controversial application has forced ICANN to address shortcomings in its own accountability procedures.
Notably, the Independent Review Process, promised in the bylaws for years, was eventually implemented to allow ICM’s appeal after it had pushed the Reconsideration Request process to its limit.
ICANN’s latest resolution on .xxx also refers to a letter (pdf) GAC chair Heather Dryden sent to the board in August, which expressed a desire that no “controversial” TLDs should be added to the root.
While ostensibly addressing future TLD applications, rather than TLDs applied for under previous rounds, the letter did say that “objection procedures should apply to all pending and future TLDs”, which was widely interpreted as referring directly to .xxx.
Last week’s ICANN board documents say:

If the “pending” TLD refers to .XXX, the approval of the .XXX sTLD Registry Agreement without allowing for these types of objections would be inconsistent with GAC advice.

I’ve reason to believe that the “pending” language may have been inserted quite late into the drafting of the Dryden letter, and may not enjoy the unanimous support of GAC members.
Regardless, the letter implies that whatever “morality and public order” or “Rec6” objections process winds up in the new TLD Applicant Guidebook should also apply, retroactively, to ICM.
If ICANN were to agree on this point, a precedent would presumably be set that would allow the GAC to issue thirteenth-hour “advice” that moves the goal-posts for future new TLD applicants, removing a significant amount of predictability from the process.
For that reason, I think it’s unlikely that ICM will be told it is subject to the Rec6 process (whatever that may ultimately look like).
The consultation, however, may result in some clarity around where the GAC’s powers of “advice” begin and end, which is probably a good thing.

New TLD applications to open May 2011

ICANN has named the date for its planned launch of the new top-level domain application process.
According to a resolution passed at its board of directors meeting Thursday, ICANN is targeting May 30, 2011 for the opening of applications.
The proposed final version of the Applicant Guidebook is set to be published November 9, and is expected to be approved by the board at its meeting in Cartagena, December 10.
A four-month marketing and outreach period is expected to kick off January 10.
If you’re looking for the specifics of what the Applicant Guidebook will contain, you’re out of luck.

# Vertical Integration – No resolution
# GNSO New gTLD Recommendation 6 Objection Process – No resolution
# GAC Issues Letter including Geographic Names – No resolution
# Affirmation of Commitment Considerations – No resolution

Looks like we’ll have to wait until November 9 to find out what has been agreed on each of these issues.

ICANN could fast-track final new TLD guidebook

ICANN is considering a fast-track process for the final version of its new top-level domain Applicant Guidebook that could see it approved this December, documents have revealed.
Minutes and board briefing materials from ICANN’s August 5 board meeting, published yesterday, seem to demonstrate an eagerness to get the policy finalized by its Cartagena meeting.
Staff and board members favor a limited public comment period prior to the guidebook’s finalization, which could see it approved sooner rather than later.
Briefing documents (pdf, page 111 and on) say:

It is recommended that the Board consider the Final version of the Guidebook for approval at the Cartagena meeting. The final version will be posted for limited comment prior to the meeting.

The minutes of the meeting reveal a preference among staff and some directors, including chairman Peter Dengate Thrush, for this limited comment window.
The comments would be “limited” to new issues, for various reasons, including this:

A full process will bring forth every last attempt for parties to repeat positions to modify the process to be in line with their pecuniary or other interest. The optics might falsely indicate that there is no consensus around the model

ICANN’s obligation to consult its Governmental Advisory Committee would be carried out face-to-face at the Cartagena meeting, further speeding this up.
Tantalizingly, a flow-chart setting out the board’s options contains the possible launch dates for the first-round application window, but they’ve been redacted.
These documents date from August and the ICANN board has met twice since then, so things may have changed.
We’re likely to find out more about the timeline when the board resolutions from its meeting yesterday are published. I’m expecting this later today, so stay tuned.

ICANN ombudsman quits

Frank Fowlie, ICANN’s ombudsman, has announced he will leave the post before the end of January next year.
A statement posted to the ICANN web site does not explain the reasons for his departure, but it does include this nugget:

“After six years with ICANN, I have logged 794 days in travel status, or about two years and five months away from home,” said Fowlie in announcing his departure to the ICANN staff. “It’s time for me to spend a bit more time at home with my wonderful wife.”

Read into that what you will.
ICANN will now look for a replacement. The ombudsman’s role is to hear complaints about ICANN’s actions. Former UN staffer Fowlie was the first to hold the position.
For no other reason than I think that it’s funny, here’s a link to a story about Fowlie getting shirty with a flight attendant.

Will .xxx be approved today?

Will the adults-only .xxx top-level domain be approved today, or will the hot potato be tossed to governments for a decision?
That’s the question facing ICANN’s board of directors, which is set to discuss the controversial TLD for the umpteenth time today.
The last resolution it passed on .xxx called for a public comment period, followed by a decision on whether the registry contract is compatible with old Governmental Advisory Committee advice.
With the comment period closed, it appears that all that remains is to decide whether a new GAC consultation is required before the contract can be approved or rejected.
Some opponents of .xxx are demanding a GAC consultation.
Diane Duke, director of porn trade group the Free Speech Coalition, wrote to ICANN this week, urging it to refer the application back to the GAC.
As Duke knows, many international governments are opposed to .xxx.
A week ago, Australia’s socially conservative, pro-censorship broadband minister, Stephen Conroy, also asked ICANN for another GAC consultation, expressing his “strong opposition” to the TLD due to its “lack of identified public benefit”.
And Conroy is surely not alone. There can be few governments that would be happy to be seen to endorse pornography, regardless of its legal status in their jurisdictions.
The GAC is firmly of the view that “controversial” TLDs present a risk to the global interoperability of the internet. The fear is that strings such as .xxx could lead to blocking at national borders and ultimately fragmentation of the DNS root.
Whichever decision ICANN makes today, it is sure to cause controversy one way or another.