Group wants trademark study before new TLDs launch

The International Trademark Association has told ICANN it believes a study into the economic “harms” of launching new TLDs is “essential” before the program gets under way.
INTA president Heather Steinmeyer wrote, in a September 8 letter (pdf) published today (my emphasis):

We applaud the recommendation… to conduct a study to assess the harms associated with intellectual property abuse and related forms of consumer fraud in the domain name system, including how the current gTLDs have affected intellectual property and consumers since their introduction. Indeed trademark owners believe that such a study is not only a sensible recommendation, but an essential prerequisite before any rollout of new gTLDs.

Steinmeyer offered INTA’s assistance with any such study.
The recommendation she refers to can be found in “An Economic Framework for the Analysis of the Expansion of Generic Top-Level Domain Names”, a report prepared for ICANN by three independent economists in June.
That report made a number of suggestions for possible further studies of the possible benefits and harms (although Steinmeyer only mentions the harms) of introducing new TLDs. It did not make any firm conclusions.
Following a public comment period that ended July 22, the status of that report appears to be ‘in limbo’.
The public comments have not yet been compiled into a summary and analysis document and as far as I can tell no other action has been taken on the report’s recommendations.
At least one ICANN director, chairman Peter Dengate Thrush, seems to consider the problem of balancing trademark protection and other parties’ interests pretty much resolved.
Just last week, in a fairly strongly worded statement at the Internet Governance Forum in Vilnius, Lithuania, he said:

The IP lawyers… have had their chance to make all these cases in a five-year process, and the intellectual property protections that have been put in place are the result of a delicate balance that has been wrought with everybody in the community, not just with the IP lawyers. IP lawyers always want more protections.

ICANN to reconsider .jobs auction deal

ICANN will take a second look at its decision to allow the .jobs registry to allocate premium domain names to its partners, following an outcry from jobs boards including Monster.com.
The Board Governance Committee posted a brief note yesterday confirming that it will process the Reconsideration Request filed by the .JOBS Charter Compliance Coalition a month earlier.
This does not mean that the .jobs decision will be reversed. The BGC has the power to make recommendations to the ICANN board, which the board is free to accept or reject.
The Coalition is annoyed that ICANN has given Employ Media, the .jobs registry, a carte blanche to allocate premium dictionary and geographic domain names via an RFP process.
Many expect the registry to allocate substantial chunks of real estate to the DirectEmployers Association, under previously announced plans to create a free listings site at universe.jobs.
Under ICANN bylaws, the BGC now has 90 days to reach a decision.
The deadline for submissions in response to Employ Media’s RFP is this Friday.

Man asks ICANN for “list of all domains”

A man has used ICANN’s freedom of information procedure to ask for “a list of all registered domains”, forcing the organization to politely decline.
Barry Carter wrote (pdf):

Per http://www.icann.org/en/transparency/didp-en.htm please provide me a list of all registered domains (including all public registrant information). If you are unable to provide this information, please let me know why.

As you might imagine, with the number of registered domains in the gTLDs and ccTLDs numbering in the hundreds of millions, that’s what you might call a Big Ask.
ICANN’s response (pdf) patiently explains that it doesn’t have such a list and that assembling one would constitute an unreasonable request under its Documentary Information Disclosure Policy.
Still, worth a shot, eh?

ICANN urged to kill new TLD morality veto

ICANN has been asked to eliminate references to “morality and public order” objections from its new top-level domain application process.
A cross-constituency working group has advised ICANN’s board of directors to scrap the term and to ensure that whatever replaces it does not enable individual governments to veto new TLDs based on their own local laws.
The so-called “MOPO” or “MAPO” part of the Draft Applicant Guidebook attracted criticism because ICANN’s Governmental Advisory Committee seemed to want to use it to grant themselves the right to block any TLD application they deemed too controversial.
The fear from the GAC was that if nations started blocking whole TLDs at their borders, it could ultimately lead to the fragmentation of the DNS root.
The fear elsewhere was that some edgy TLD applications, such as .gay or .sex, could be rejected due to the unilateral objections of backward regimes, harming freedom of speech.
But if ICANN incorporates the working group’s new recommendations into the next version of the DAG, that probably won’t be allowed to happen.
The group this week forwarded an interim report to the ICANN board for its consideration. While incomplete, it already carries a few recommendations that managed to find consensus.
Notably, the report recommends that, “National law not based on international principles should not be a valid ground for an objection”, which would seem to scupper any chances of Uganda or the Holy See blocking .gay, for example.
The working group has so far failed to reach consensus on how governmental objections should be registered and processed, but one option is:

The Applicant Guidebook should allow individual governments to file a notification (not an objection) that a proposed TLD string is contrary to their national law. The intention is that an “objection” indicates an intent to block, but a “notification” is not an attempt to block, but a notification to the applicant and the public that the proposed string is contrary to the government’s perceived national interest. However, a national law objection by itself should not provide sufficient basis for a decision to deny a TLD application.

The working group, which counted a few GAC members among its number, has managed to unanimously agree that the awkward term “morality and public order” should be dumped.
One possible contender to replace it is “Objections Based on General Principles of International Law”.
The group has also discussed the idea that a supermajority vote could be required if the board decides to reject a TLD application based on a MOPO objection.
The report is a work in progress. The working group expects to send an updated document to the ICANN board shortly before its retreat later this month.
Whether any of this will be acceptable to the GAC as a whole is up for debate.

.xxx bigger than .asia

It has not and may never be delegated, but the .xxx top-level domain now has more pre-registrations than .asia, the last big gTLD launch, has live domains.
The ICM Registry web site currently counts 180,352 pre-regs. ICM tells me this number counts the unique strings that have been applied for, excluding duplicate applications.
By contrast, DotAsia’s two-year-old namespace had shrunk to 177,872 by the start of September, according to HosterStats.
ICM reported 110,000 pre-registrations at the time it re-entered contract talks with ICANN in late June; media coverage increased that to 162,000 within a couple of weeks.
The company has previously said that only 6,435 pre-regs were self-identified as defensive in nature, although this is disputed by its opponents at the Free Speech Coalition.

Bulgaria to appeal ICANN rejection

The Bulgarian government will appeal ICANN’s rejection of .бг, its proposed Cyrillic-script version of the .bg country-code top-level domain, according to reports.
“We have reasons to hope that our proposal may be accepted by the end of next year,” Deputy Transport Minister Parvan Rusinov said, according to Novinite.com.
ICANN rejected the string earlier this year due to its confusing similarity to Brazil’s ccTLD, .br.
The Bulgarian government conducted a online poll, offering its citizens the choice of a few lengthier alternatives, but .бг still came back the winner.
In today’s reports, Rusinov is quoted saying that the government could either file a modified application, or wait for the launch of an appeals procedure in 2011.
It does not appear that the IDN ccTLD Fast Track process currently allows appeals, so I can only assume that such a mechanism is under consideration as part of the upcoming process review. It has been rumored.
ICANN doesn’t talk about IDN fast track applications until they are approved, but Bulgaria’s government has been happily chatting to the local press for months.
Technology minister Alexander Tsvetkov was quoted back in June saying that the country would ask ICANN to reconsider its decision. If he meant a Reconsideration Request, that never happened.

One in five domains use a privacy service

As many as 20 million domain names are registered via Whois privacy or proxy services, an ICANN-sponsored study has found.
The study, conducted by the National Opinion Research Center, looked at a sample of 2,400 domains registered in .com, .org, .net, .info and .biz.
It found that 18% of these names used a privacy/proxy service to hide the contact details of the true registrant. Its margin of error means the actual number could be between 16% and 20%.
Extrapolating to the universe of 101 million domains registered in these five TLDs at the time the sample was taken in January 2009, NORC estimates that between 17.7 million and 18.4 million domains used a proxy.
NORC also estimates that the current number of private registrations could be “substantially higher” today, due to increased market traction for such services.

This, combined with the growth in registration numbers to over 115 million domain names as of January 2010, means that the actual number of privacy/proxy registrations among the top five gTLDs is likely to be substantially higher than 18 million.

When you consider that some privacy services charge as much as $10 a year for private registrations, that adds up to quite a healthy market.

Pornographers rally to decry .xxx

The Free Speech Coalition has issued an official call to action to rally its members against the .xxx top-level domain application.
It’s been on the front page of the porn trade group’s web site since yesterday, but has been slow to take off judging by the number of responses filed with ICANN in the last 24 hours.
The FSC wants it members to write to ICANN to ask for the TLD to be rejected. It hits seven major points, but essentially just backs up what FSC chair Diane Duke told ICANN last week, which I reported on here.
There’s also a Zoomerang survey that industry members can take. It asks users to merely answer two questions in the affirmative:

I am a member of the online adult entertainment community and I oppose ICM’s application for a .XXX sTL
I have have defensively pre-registered .XXX domain names and I oppose .XXX

The idea is to show that many .xxx pre-registrations are made by people who would prefer that the TLD never sees the light of day.

IPv4 pool to dry up in 2011

ICANN has confirmed that it will run out of unassigned IPv4 address space some time next year.
In an update to its Plan for Enhancing Internet Security, Stability and Resiliency, published yesterday, ICANN said it “expects to make the last allocations of IPv4 unicast space to the Regional Internet Registries (RIRs) during the calendar year 2011.”
While this means ICANN will largely be out of the IPv4 business, it does not of course mean that there will be no IPv4 address space left to be allocated to ISPs and businesses.
ICANN points out that the RIRs will still have their pools of unallocated addresses, and that they’ve been drawing up plans to hand out smaller blocks to new ISPs as well as allowing the transfer of IPv4 addresses between networks.
The confirmation that 2011 is the year that IPv4 dries up is not unanticipated. ICANN has been flagging it up as the likely timeframe for a few years now.
The solution to the problem is IPv6, which is large enough to never run out of addresses. The trick is making sure the new protocol is universally supported, so IPv6 networks can talk to IPv4 networks and vice versa.
The updated security plan document contains a few other nibbles of interest.
For instance, the security budget for the next year is down slightly on the last, $11.52 million versus $12.8 million, largely due to a requirement last year to build out a secure data center.
There’s also the admission that ICANN has developed an as-yet unpublished “Meetings Security Plan”, presumably in response to the terrorism fears that kept many constituents at home for the Nairobi meeting in March.

Breaking: ICANN to name Atallah new COO

ICANN has appointed technology industry executive Akram Atallah to the position of chief operating officer, according to a reliable source.
Atallah previously held the same position at CoreObjects for a year, and before that was a vice president at semiconductor firm Conexant, according to his LinkedIn profile.
His well-regarded predecessor, Doug Brent, stepped down in April citing family reasons.
More updates when I have them.
UPDATE: ICANN has now officially announced Atallah’s appointment.
The press release (pdf) contains this quote from CEO Rod Beckstrom:

This is a perfect fit, not only because Akram brings to ICANN an amazing understanding of the online and high tech worlds, but because he also brings an intuitive grasp of our unique global role in the Internet ecosystem. The fact that he is fluent in French and Arabic will add to our ability to reach out more effectively to the international community.

The release also notes that Atallah has a Masters degree in electrical engineering from the University of Colorado.
He will start his work at ICANN September 20.