ICANN un-terminates domain name registrar

In what I believe is an unprecedented move, ICANN has renewed a domain name registrar’s accreditation having already sent it a public notice of non-renewal.
A Technology Company, aka ATECH, was told last month that its accreditation would expire July 12 because it had failed to pay over $5,600 in ICANN fees.
That letter (pdf) suggested that ATECH had been in breach since before April 2009.
On all previous occasions, whenever ICANN has posted a notice of termination or non-renewal on its site, it’s game over for that registrar.
Today, a brief note on ICANN’s web site says simply:

A Technology Company, Inc. cured all outstanding contract breaches as of 30 June 2010. A Technology Company, Inc.’s accreditation was renewed on 13 July 2010.

As I’ve previously noted, ATECH and .xxx registry hopeful ICM Registry share a common founder, although the two companies are no longer affiliated.

ICANN to stream DNSSEC ceremony live

ICANN is to webcast the second of its root server DNSSEC key generation ceremonies, this coming Monday.
You’ll be able to find the stream here, from 2000 UTC, according to a message ICANN’s DNS director Joe Abley just sent to the DNS-Ops mailing list.
The ceremony, which will likely take several hours, takes place in El Segundo, California.
In it, staff will create the Key Signing Key used in cryptographically signing the very root of the DNS according to the DNSSEC standard.
The first such ceremony took place last month at a facility in Virginia. While it was recorded, as well as witnessed by several well-known security experts, it was not streamed live.
The full transition to a validatable DNSSEC-signed root is still scheduled for next Thursday, July 15.
Abley’s update is likely to be available here shortly.

Jobs boards slam plan to open up .jobs

Providers of online jobs boards have started to complain to ICANN about plans by registry manager Employ Media to liberalize the .jobs sponsored top-level domain.
It’s rare that an ICANN public comment period attracts a decent amount of comment from outside the usual suspects, but this controversial proposal seems to be heading that way.
Employ Media wants to amend its registry contract to remove the restriction that limits .jobs registrations to the corporate name of employers, a key component of its original commitments.
This has naturally enough stirred debate in the HR community, which now appears to have divided itself into two camps – employers for the changes and jobs boards strongly against.
Several HR professionals with large companies including IBM, BT and Intercontinental Hotels have already filed brief messages with ICANN in support of the .jobs proposal.
Now, the counterargument is being made by a few operators of employer-independent jobs boards, including CollegeRecruiter.com and SalesGravy.com.
The Employ Media proposal would allow it to fulfil its deal with the DirectEmployers Association, which plans to lease thousands of geographic and industry domains.
The DEA plan would essentially be a single jobs site with thousands of domains acting as entry points to vertical listings. Want a job in Chicago? Type in chicago.jobs.
Importantly – and this may explain why HR folk like it – the site would be ad-supported and free for employers to list their openings.
Naturally, existing listings sites see this as an unacceptable competitive threat.
Steve Rothberg, CEO of CollegeRecruiter.com, said in his comment that Employ Media “went out of its way” to avoid getting feedback from existing jobs sites.
The results of an Employ Media survey submitted as part of its application to ICANN make that point pretty clearly.
Todd Goldstein, founder of AccountingJobsToday.com, observed in his comment that the proposal would dilute Employ Media’s original commitment to be “a place for employers” and accused the registry of trying to “route around” its promises to ICANN.

Which top brands turned down their .co domains?

Playboy, Pepsi and Pizza Hut are among 17 of the world’s top 100 brands that did not use the .co sunrise period to register their trademarks as .co domain names.
This is effectively the first empirical data we have to judge the demand for a Globally Protected Marks List along the lines of that which ICANN was toying with for its new TLD program.
.CO Internet, the registry operator behind the newly liberalized Colombian top-level domain, chose to implement a Specially Protected Marks List as one of several IP-protection mechanisms.
The list, maintained by Deloitte, comprises the 100 trademarks thought to be the most valuable, and the most rigorously defended, on the internet.
All of these marks, which include some generic dictionary words, are classified as registry reserved and will be impossible to register unless you are the trademark owner.
Yet 83 of the companies on the list chose to register their names in the .co sunrise anyway.
This may show that famous brands are more interested in owning a name that resolves, rather than merely defensively registering in order to keep their marks out of the hands of cybersquatters.
I can only speculate as to why these 83 chose to participate in the sunrise.
Two obvious reasons are the need to establish a Colombian presence on the internet, and the desire to capture any typo traffic from people miskeying “.com”.
For both these reasons, the data is probably not a reliable indicator of how these companies would act during a generic TLD sunrise.
Of the 100 marks on the Deloitte list, these are the 17 that have so far chosen not to acquire their domains:

Accenture, Accor, Armani, Blackberry, BMW, Carrefour, Dell, Fedex, Ferrari, General Electric, Nivea, Pedigree, Pepsi, Pizza Hut, Playboy, Prada, Reebok, Sanyo, SAP, Sheraton, Tiffany and Total.

Because these are registry-reserved names, there’s no danger of cybersquatters picking them up when .co goes to general availability in a little under 11 days.
UPDATE 2010-07-13: See the comment from .CO Internet below. It seems the SPM list is not as useful for brand holders as I had thought.

Investors circle ICM as .xxx enters home straight

ICM Registry’s board of directors has approved a $5 million funding round, following the recent decision by ICANN to put the .xxx top-level domain onto the path to approval.
ICM president Stuart Lawley tells me he’s underwritten the whole round himself, already injecting another $500,000 of his own money into the company.
Venture capital investors have already approached the company, following the Brussels decision two weeks ago, according to Lawley.
In Brussels, ICANN’s board resolved to re-enter contract negotiations with ICM, following years of wrangling with ICANN’s appeals and independent review processes.
While .xxx’s approval and entry to the DNS root is not a slam-dunk, the only major hurdle appears to be ICANN’s Governmental Advisory Committee, and many believe the GAC is unlikely to stick its neck out on such a controversial issue.
While demand for .xxx domains is yet to be proven, there are already 162,000 pre-registrations, which would work out to a $10 million business, not including premium sunrise and landrush fees.
A report in Business Week last week said ICM could bring in $200 million per year in revenue on registrations alone.
I think that’s a pretty ambitious prediction, to be honest, and I can’t help but wonder in Business Week got ICM’s ten-year and one-year projections mixed up.
Even at $60 a pop, that’s still 3.3 million registered domains. The stars will have to align in unexpected ways for .xxx to reach that kind of penetration (pun intended).
ICM has previously projected near-term registrations in the low-mid hundreds of thousands.
ICM is currently owned by a close-knit group of investors, mainly Lawley’s circle and ICM’s management, with Lawley himself owning roughly 70% of the business.

Lego launches attack on new TLDs

Could little yellow plastic men be the death of the new top-level domain process?
Toymaker Lego has filed a scathing criticism of ICANN’s latest Draft Applicant Guidebook for prospective new TLD registries, saying it ignores trademark holders.
Lego, one of the most prolific enforcers of trademarks via the UDRP, said that the latest DAG “has not yet resolved the overarching trademark issue”.
DAG v4 contains new protections designed to make it easier for trademark holders to defend their rights in new TLD namespaces. But Lego reckons these protections are useless.

The Trademark Clearinghouse is NOT a rights protection mechanism but just a database. Such a database does not solve the overarching trademark issues that were intended to be addressed.

Lego also says that the Uniform Rapid Suspension service outlined in DAG v4 is much weaker than it wanted.
“It doesn’t seem to be more rapid or cheaper than the ordinary UDRP,” Lego’s deputy general counsel Peter Kjaer wrote.
Lego thinks that a Globally Protected Marks List, which was at one time under consideration for inclusion in the DAG, would be the best mechanism to protect trademarks.

ICANN still seems to ignore that cybersquatting and all kinds of fraud on the internet is increasing in number and DAG 4 contains nothing that shows trademark owners that ICANN has taken our concerns seriously.

The comment, which is repeated verbatim in a letter from Arla Foods also filed today, is the strongest language yet from the IP lobby in the DAG v4 comment period.
Rumblings at the ICANN meeting Brussels two weeks ago, and earlier, suggest that some companies may consider filing lawsuits to delay the new TLD process, if they don’t get what they want in the final Applicant Guidebook.
ICANN’s top brass, meanwhile, are hopeful of resolving the trademark issues soon, and getting the guidebook close to completion, if not complete, by the Cartagena meeting in December.

Registrar linked to .xxx loses ICANN accreditation

A Technology Company Inc, a registrar previously linked to the .xxx top-level domain application, has lost its ICANN accreditation for non-payment of fees.
The company, which is also known as NameSystem.com or ATECH, was founded by Jason Hendeles, who is also the founder of ICM Registry, the company behind .xxx.
ICANN has informed ATECH (pdf) that its accreditation will expire and not be renewed on July 12 because it has failed to pay $5,639 in ICANN fees.
ATECH was one of the second wave of competitive registrars to go live, applying for its ICANN accreditation all the way back in 1999. It currently has just a few thousand domains under management.
Hendeles, currently ICM’s vice president of strategic business development, was behind ICM’s original .xxx bid, filed in ICANN’s 2000 round of new TLD applications.
ICM was subsequently taken over by British businessman Stuart Lawley, its current chief executive.
I’m told ATECH was sold to Alok Prakash of Oregon a few years ago.
UPDATE 2010-07-14: ATECH has evidently coughed up, and has regained its accreditation.

ICANN registrar’s domain listed for sale on Sedo

When selecting a domain name registrar there are often clues you can use to determine broadly whether a firm is entirely reliable, but this one is new to me.
Vivid Domains, a small-time, seven-year-old ICANN-accredited registrar, currently has its primary domain, vividdomains.com, listed for sale on Sedo.
It’s listed as a “domain without content” too, which looks even more peculiar.
According to DotAndCo, the company recently relocated from Florida to Grand Cayman.
WebHosting.info notes that, having chugged along for some time with only a few hundred domains under management, Vivid’s registration base has leapt from about 400 to over 1,900 in the last two weeks.
KnujOn’s registrar audit report (pdf), released at ICANN Brussels last week, notes that the anti-spam company was unable to locate a business registration for Vivid.
I’m not suggesting Vivid is dodgy, but these are the kind of clues I would use when deciding whether to give a registrar a wide berth.

ICANN chair says new TLD guidebook could be final by December

Peter Dengate Thrush, chairman of the ICANN board, thinks there’s a chance that the Applicant Guidebook for new top-level domains could be ready by ICANN’s next meeting, set for Cartagena in early December.
The board resolved in Brussels on Friday to turn its September two-day retreat into a special meeting focussed on knocking the DAG into shape.
Shortly after the vote, Peter Dengate Thrush spoke at a press conference (emphasis mine).

Soon after the closing of the [DAG v4] public comment period was a regularly scheduled retreat for the board to go and do what boards do at retreats, and what we’ve decided today to do is to use that two-day retreat to see if we can’t make decisions on all the outstanding issues in relation to the new TLD program.
That’s probably reasonably ambitious, there may still be a couple left, but we want to get as many of them out of the way as we can. That means that when we come to the next ICANN meeting in Cartagena in December we hope to be very close if not actually able to hand out the Applicant Guidebook for that new process.

I asked him what outstanding issues needed to be resolved before the DAG can be finalized. Instead of a comprehensive list, he named two: IP protection and the Governmental Advisory Committee’s “morality and public order” concerns.
The IP issue is “close” to being resolved, he said, but “there may still be issues”.
On MOPO, he said there is “a potential conflict emerging” between GAC members who value free speech and those who are more concerned with their own religious and cultural sensitivities.
When I followed up to ask whether it was possible to reconcile these two positions, this is what he said:

What we’ve done is ask the GAC is how they would reconcile it… now they are saying that they can’t see how it can be done. We see that very much as a problem either for the GAC to change its advice, or to provide us with a mechanism whereby that can be reconciled.

The Brussels GAC Communique (pdf), has little to say on MOPO, delaying its advice until its official DAG v4 public comment filing.
MOPO has already created tensions between the GAC and the board. The conversation at their joint meeting on Tuesday went a little like this:

GAC: We don’t like this MOPO stuff. Please get rid of it.
BOARD: Okay. What shall we replace it with?
GAC: Erm…
BOARD: Well?
GAC: It’s not our problem. You think of something.
BOARD: Can you give us a hint?
GAC: No.
BOARD: Please? A little one?
GAC: We’ll think about it.

So can we expect the GAC to get its act together in time for Cartagena? That, too, seems ambitious.

Bulgaria to file ICANN reconsideration appeal over rejected IDN ccTLD

Bulgaria is to appeal ICANN’s rejection of .бг, the Cyrillic version of its existing country code top-level domain, .bg.
Technology minister Alexander Tsvetkov said that the Bulgarian government will file a reconsideration request with ICANN, according to a DarikNews.bg interview.
The requested IDN ccTLD .бг was rejected because it looks quite a bit like Brazil’s existing ASCII ccTLD, .br, which could create confusion for Brazilians.
ICANN/IANA does not talk openly about ccTLD delegation issues. As far as I know, .бг is the only IDN ccTLD on the current fast-track program to be rejected on string-similarity grounds.
The Darik News interview, via Google Translate, reports Tsvetkov saying he “believes that this domain is the best way for Bulgaria” and that the government “will ask for reconsideration”.
Asked about the clash with Brazil, he said Bulgaria “will not quit” in its pursuit of its first-choice ccTLD.
Brazil has not been silent on the issue.
During the meeting on Tuesday between the ICANN board and its Governmental Advisory Committee, Brazil’s representative praised ICANN for rejecting .бг:

Brazil would like to express its support to the recent board’s decision about avoiding graphic similitude between new country codes and current country codes in Latin. This is particularly important inasmuch as any graphic confusion might facilitate phishing practices and all the problems related to it.

Many thanks to the Bulgarian reader who referred me to this Darik News interview.
For any other Bulgarians reading this, the interview also appears to contain lots of other really juicy information not related to domain names. Check it out.