Porn domain firm urges ICANN to ignore the haters

ICM Registry has asked ICANN to set aside the views of thousands of naysayers and approve the porn-only .xxx top-level domain as soon as possible.
The company has sent three documents to ICANN today, two of which set out ICM’s position in the same firm tone that has characterized its previous missives.
Basically: no more delays, your only option here is to get back into contract talks now.
I would say ICM is drawing a line in the sand, but ICM has drawn so many lines in the sand recently it’s beginning to look like a game of beach tic-tac-toe (which, visualizing it, is kinda appropriate).
The third document is a post-game summary of ICANN’s recently closed comment period on the .xxx application, which attracted record comments. That’s written by former ICANN public participation wonk Kieren McCarthy and is more measured in tone.
ICM president Stuart Lawley believes that the thousands of copy-paste comments from US-based anti-porn Christian groups can be safely ignored. I get the impression ICANN will probably agree.

The volume of comments on an entirely irrelevant issue – that is, the content of websites on the Internet – was one of the original reasons this process went off the rails. ICANN should not repeat its earlier mistakes and pander to those interests.

Given that a substantial number of comments came from the porn industry itself, notably the Free Speech Coalition, Lawley wrote that “debate about community support is no longer appropriate”.
ICM’s on shakier ground here than with the Christians. A TLD for a sponsored community that is unequivocally hated (NSFW) by a vocal part of that community can’t look good.
But the FSC, along with the Adult Entertainment Broadcast Network, one of its members, “represent only a small fraction of the adult industry”, Lawley claimed.
Over 100,000 .xxx domains have been pre-registered over the last five years and several hundred of these people sent ICM’s copy-paste letter to ICANN. ICM says this indicates adult industry support, though I think that’s a less than watertight argument.
ICANN’s board will undoubtedly have a good old chinwag about their current predicament at their retreat this weekend, but they’re not due to make any decisions until the Brussels meeting a little over a month from now.

Root DNSSEC push delayed two weeks

The final rollout of DNSSEC to the internet’s root servers, a major security upgrade for the domain name system, has been pushed back two weeks to July 15.
ICANN’s DNS director Joe Abley said in an update on root-dnssec.org and in email to the dns-ops mailing list:

The schedule change is intended to allow ICANN and VeriSign an additional two weeks for further analysis of the DURZ rollout, to finalise testing and best ensure the secure, stable and resilient implementation of the root DNSSEC production processes and systems.

The Deliberately-Unvalidatable Root Zone is a way for the root operators to test how normal DNS resolution copes with fatter DNSSEC responses coming from the root, before worrying about issues concerning DNSSEC validation itself.
The DURZ has been cautiously rolled out over the last few months and has been operational across all 13 root servers since May 5.
The original plan called for the roots to become validatable following a key signing ceremony on July 1
The schedule change from ICANN also comes with a notice that the US government will be asking for public comment before the decision is made to properly sign the root.

Prior to 2010-07-15 the U.S. Department of Commerce (DoC) will issue a public notice announcing the publication of the joint ICANN-VeriSign testing and evaluation report as well as the intent to proceed with the final stage of DNSSEC deployment. As part of this notice the DoC will include a public review and comment period prior to taking any action.

I may be just a little forgetful, but I can’t remember hearing about this Commerce involvement before.
Still, DNSSEC is a big change, so there’s nothing wrong with more of the softly-softly approach.

ICANN switches off .mobi land-rush flipper

ICANN has terminated a domain name registrar that seems to have been made its business flipping land-rush domains, especially in .mobi.
Mobiline, doing business as DomainBonus.com, is an Israeli outfit that received its registrar accreditations about five years ago.
While it seems to have registered a very small number of domains, domainbonus.com did provide DNS for a few thousand dictionary .mobi domains, registered during the September 2006 land-rush.
A lot of these domains appeared to have been originally registered in the name of Mobiline’s owner, Alex Tesler.
Many have been since been flipped and archives of the DomainBonus front page show the firm was mainly preoccupied with aftermarket sales rather than fresh registrations.
ICANN has revoked its accreditation (pdf) for failure to pay its dues and escrow Whois data with Iron Mountain, as all registrars must.
ICANN is also switching off Western United Domains, a Spanish outfit that appears to have no web presence whatsoever, for the same reasons.

Crypto legend Diffie joins ICANN

Whitfield Diffie, one of the fathers of modern cryptography, has been hired by ICANN as its new vice president for information security and cryptography.
ICANN said Diffie, who was Sun Microsystems’ chief security officer until last November, will advise ICANN “in the design, development and implementation of security methods” for its networks.
Diffie, along with his colleague Martin Hellman, basically invented the first method of securely exchanging cryptographic keys over insecure networks, in the 1970s.
The coup comes at an appropriate time for ICANN, which intends to start signing the internet’s DNS root servers with DNSSEC security keys on July 1.
Diffie will no doubt be pushed front-and-center for the photo ops during the first signing ceremony.

Registrars responsible for proxy cybersquatters

Domain name registrars can be liable when their customers break the law, if those customers use a privacy service, according to new ICANN guidance.
The ICANN advisory clarifies the most recent Registrar Accreditation Agreement, and seems primarily pertinent to UDRP cases where the registrar refuses to cooperate with the arbitrator’s request for proper Whois records.
The advisory says:

a Registered Name Holder licensing the use of a domain is liable for harm caused by the wrongful use of the domain unless the Registered Name Holder promptly identifies the licensee to a party providing the Registered Name Holder with reasonable evidence of actionable harm

In other words, if a domain gets hit with a UDRP claim or trademark infringement lawsuit, as far as the RAA is concerned the proxy service is the legal registrant unless the registrar quickly hands over its customer’s details.
Law enforcement and intellectual property interests have been complaining about registrars refusing to do so for years, most recently in comments on ICANN’s Whois accuracy study.
ICANN offers a definition of the word “promptly” as “within five business days” and “reasonable evidence” as trademark ownership and evidence of infringement.
I don’t think this ICANN guidance will have much of an impact on privacy services offered by the big registrars, which generally seem quite happy to hand over customer identities on demand.
Instead, this looks like it could be the start of a broader ICANN crackdown on certain non-US registrars offering “bulletproof” registrations to cybersquatters and other ne’er-do-wells.
I wouldn’t be surprised to find the number of ICANN de-accreditations citing refusal to cooperate with UDRP claims increasing in future.
The new ICANN document is a draft, and you can comment on it here.

ICANN closes .xxx forum after 14,000 comments

ICANN has finally shut down the latest public comment period on the proposed .xxx TLD, and now faces the task of finding the few dozen grains of wheat in about 14,000 pieces of chaff.
It’s general counsel John Jeffrey’s task to provide the round-up on this, possibly record-breaking, public comment period, although I understand ICM Registry may also provide its own, alternative, summary document.
I had a quick chat with Jeffrey yesterday. He told me comments were kept open beyond the advertized Monday shutdown because ICANN staffers are allowed to use their discretion when forums are seeing a lot of activity.
He also noted that the comment period was not a referendum on the merits of .xxx; ICANN had solicited feedback on a specific set of process options on how to handle .xxx.
It’s my impression that the 10,000+ identical form emails from the American Family Association may, rightly, wind up being considered as a single comment.

.jobs seeks comment on dictionary domains

The sponsor organization behind the restricted .jobs domain is soliciting comment on a plan to substantially liberalize the TLD, allowing generic and two-letter registrations.
The Society For Human Resource Management has published a very brief survey, asking HR folk what they think the pros and cons to the plan might be.
The .jobs domain is run by Employ Media. It’s currently restricted to companyname.jobs registrations, and as such has been predictably unsuccessful.
Now Employ Media wants to branch out into geographical and generic domains. As I reported last month, it looks like it’s trying to remove essentially all of its significant registration restrictions.
The attempt at a policy shift follows a deal made with DirectEmployers Association to monetize geographic domains that raised eyebrows at ICANN late last year.
ERE.net has more here.

Porn trade group director says .xxx could be a gTLD

One of the directors of porn industry organization the Free Speech Coalition has suggested the .xxx top-level domain could be approved as an unrestricted gTLD.
Tom Hymes, who sits on the Free Speech Coalition’s board of directors, wrote to ICANN urging it first and foremost to kill ICM Registry’s .xxx application once and for all.
But Hymes went on to say: “If that scenario is unacceptable to the Board for one reason or another, I would then encourage it to explore a gTLD option for ICM.”
He noted that he was writing in a personal capacity, not as a representative of the FSC.
ICM’s application was filed under the 2005 round of “sponsored” TLDs, which meant it had to show backing from a sponsorship organization and some measure of ownership restriction.
For example, the Society for Human Resource Management is the sponsor for .jobs and the Universal Postal Union backed .post.
ICM, which has never been part of the adult entertainment industry, created a policy-making body called the International Foundation For Online Responsibility, IFFOR, to act as its sponsor.
In my view, IFFOR was basically a crude hack to get around the fact that in 2005 ICANN was not looking for any new gTLDs.
The FSC doesn’t like IFFOR, because a) it will make policy on what can be hosted under .xxx domains and b) the adult industry will not control its board or see any of its money.
Hymes, in his personal capacity, seems to be saying that an unrestricted .xxx gTLD would be okay. It’s the first ground I’ve seen anyone in the porn industry give in this debate. He says:

To its credit, the Board is striving to solve the dot xxx imbroglio by dangling a gTLD in front of ICM, a solution ICM thus far has refused to consider. But that sort of suspicious recalcitrance can no longer be tolerated. Instead of threatening to bring a costly lawsuit against ICANN in order to secure control of a policy making regime for which it does not have the required support, ICM should cut its losses, save everyone a lot of money and take the gTLD while it has the opportunity.

I happen to agree, mostly: .xxx would make a heck of a lot more sense, and would be a whole lot less controversial (Christians notwithstanding), as a gTLD.
Unfortunately, I can’t see it happening. Not easily, anyway.
There’s no ICANN process in place for approving gTLDs today, and if ICANN were to choose to kick ICM into the next new gTLD round, there’s a pretty good chance that ICM would find itself fighting a contested string battle with other applications.
From a process point of view, sponsored TLDs are a failed experiment.

AOL loses ICANN accreditation

AOL, one of the first five companies to become an ICANN-accredited registrar, appears to have let its accreditation expire.
The former internet giant is no longer listed on ICANN’s Internic registrar page, and DotAndCo.net’s data shows it lost its .com, .net and .org accreditations on April 27.
It’s hardly surprising. AOL’s profits are falling and it has been reorganizing itself ever since Time Warner returned it to life as an independent company last year.
It’s noteworthy because AOL was one of the first five registrars to challenge Network Solutions’ monopoly, when ICANN introduced competition to the domain name market in 1999.
In April 1999, the company participated in ICANN’s limited registrar “test-bed” experiment, alongside CORE, France Telecom, Melbourne IT and Register.com.
But domain names were never a big deal at the company.
AOL peaked at about 150,000 domains a few years ago and tailed off to a little more than a dozen at the end of 2009. Apparently, the company has decided to let its accreditation simply expire.

The top ten dumbest .xxx public comment subject lines

The American Family Association is now responsible for something approaching 10,000 emails urging ICANN to can ICM Registry’s .xxx proposal.
On Thursday, the AFA asked its membership to email ICANN’s public comment forum in support of “Option #3”, which would allow it to ignore the Independent Review Panel ruling and kill .xxx for good.
It thoughtfully included suggested text for the body of the email, but encouraged its members to “(Please enter your own subject line)”.
I don’t doubt that plenty of AFA members know what it was they were commenting on, but it’s clear from their chosen subject lines that plenty more had absolutely no idea.
Here’s a Letterman-style rundown of the top-ten least-clueful subject lines I’ve come across so far.

10. How much more sin will God allow?????????????
9. Judgment day is coming
8. Dear Sir!
7. stop the cause of all of the sex crimes commited today!
6. Registered Sex Offenders — You may be next, Please proceed with caution!
5. Don’t let an ADULT bookstore enter my computer! Support option #3.
4. P*rn Channel Explosion – Option #3
3. XXX.com
2. No more porn on TV!
1. (Please enter your own subject line.)

Have you seen any better/crazier ones? Let me know.
The public comment period ends, thankfully, tomorrow.