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First bits of new gTLD Applicant Guidebook expected next week

Kevin Murphy, January 23, 2024, Domain Policy

The internet community will officially get eyes on the draft Applicant Guidebook for ICANN’s next new gTLD Applicant Guidebook as early as next week.

The ICANN staff/community Implementation Review Team crafting the language of the AGB is targeting February 1, next Thursday, for opening a formal Public Comment on drafts of seven sections of the document.

These sections mostly cover some of the low-hanging fruits — explanatory text or rules that have not changed a great deal from the 2012 round. They are:

  • Code of Conduct and Conflict of Interest Guidelines.
  • Conflicts of Interest Process for Vendors and Subcontractors. Along with the above, these sections specify what ICANN’s vendors (such as application evaluators) must not do in order to avoid the perception of conflicts of interest, such as not accepting gifts and not entering into deals to acquire applicants.
  • Applicant Freedom of Expression. This section is a single-paragraph disclaimer warning applicants to be “mindful of limitations to free expression”. In other words, if your applied-for string breaks ICANN rules, your free speech rights are forfeit.
  • Universal Acceptance. A brief warning or disclaimer that even successfully applied-for gTLDs may not work everywhere on the internet due to lack of software support.
  • Reserved and Blocked Names. Covers the variety of reasons why an applied-for string will be rejected or subject to additional review, including names that break technical standards, are geographic in nature, or refer to organizations in the ICANN ecosystem.
  • Geographic Names. Specifies when an applied-for string is considered a Geographic Name and is therefore banned outright or requires governmental approval for the application to proceed. There’s at least one potential applicant, thinking of applying for .eth, that I predict will not be happy with one of these rules.
  • Predictability Framework. This is new to the 2026 round. It’s a procedure designed to tackle unexpected changes to process or policy that are required after applicants have already paid up and submitted their paperwork. In some circumstances, it requires ICANN to consult with a community group called SPIRT to make sure applicants are not affected too adversely.

The full AGB is not expected to be completed until May 2025, with ICANN currently hoping to open the next application window in April 2026.

The public comment period on the first batch of docs is expected to run from February 1 to March 19. If you want to get the jump on what is very likely to be published, drafts can be found here.

ICANN bans closed generics for the foreseeable

Kevin Murphy, January 23, 2024, Domain Policy

There will be no applications for closed generic gTLDs in the 2026 application round, ICANN has confirmed.

While the Org has yet to publish the results of last weekend’s board meeting, chair Tripti Sinha has written to community leaders to let them know that companies won’t be able to apply for exclusive-use, non-trademark strings for the foreseeable future.

The ban follows years of talks that failed to find a consensus on whether closed generics should be permitted, and subsequent advice from the Governmental Advisory Committee, backed up by the At-Large Advisory Committee, that they should not.

Apparently quoting board output from its January 21 meeting, Sinha wrote (pdf):

the Board has considered the GAC Advice and has determined that closed generic gTLD applications will not be permitted until such time as there is an approved methodology and criteria to evaluate whether or not a proposed closed domain is in the public interest.

Closed generics were permitted — or at least not explicitly outlawed — in the 2012 application round, but were retroactively banned by ICANN following GAC advice in 2013, stymying the plans of dozens of applicants.

Ironically, it was the clumsy wording of the 2013 advice that saw the debate re-open a few years ago, with the initiation of a closed-doors, Chatham House Rules “facilitated dialogue” between the pro- and anti- camps, which also failed to reach a consensus.

By drawing a line under the issue now, ICANN has finally officially removed closed generics as a potential delaying factor on the next gTLD application round, which is already 13 years late.

DNS Women barred from ICANN funding?

Kevin Murphy, January 11, 2024, Domain Policy

A networking group set up to support women in the domain name industry, especially in the developing world, may be banned from applying for ICANN funding under rules published earlier this week.

Concerns have been raised that DNS Women may be excluded from the $10 million in non-profit Grant Program funding ICANN is making available this year because its CEO participated in the program’s community rule-making process.

ICANN’s rules, written by Org staff based on the recommendations of the Cross-Community Working Group on New gTLD Auction Proceeds (CCWG-AP), ban anyone from applying for grants — set at between $50,000 and $500,000 — if they have potential conflicts of interest.

Participation in the CCWG-AP is listed as one such conflict:

No person that participated as a member (including temporary member appointments) of the Cross-Community Working Group on New gTLD Auction Proceeds (CCWG-AP) is eligible to apply for or be included within funded proposal activities as principals, advisors, or in other roles. Grants may not be awarded to businesses and organizations owned in whole or in part by the CCWG-AP members or their family members. Grant funding may not be used to pay compensation to CCWG-AP members or their family members.

DNS Women is currently led by Vanda Scartezini, who was a member of CCWG-AP representing the At-Large Advisory Committee. She’s written to ICANN to express surprise to find herself suddenly unable to apply for funding. ICANN has responded with a pointer to the CCWG-AP’s recommendations, where the language closely mirrors that found in the new application rules as implemented.

But if Scartezini has shot herself in the foot, she may not be alone. According to the CCWG-AP’s final report, there may have been almost enough foot-shooting to create a Paralympic football team.

Of the 22 people who participated as full members of the group — and would be therefore barred from financially benefiting from grants — 10 people answered “yes” or “maybe” when asked to disclose whether they or their employer expected to apply for funding (almost all, including Scartezini, were “maybes”).

The $10 million tranche available this year comes from a $217 million fund ICANN raised auctioning off contested gTLDs following the 2012 application round.

Five more gTLDs get launch dates

Kevin Murphy, January 9, 2024, Domain Registries

Internet Naming Co has revealed the launch dates for the five dormant gTLDs it acquired late last year.

The company plans to go to Sunrise with .diy, .food, .lifestyle, .living, and .vana on January 24, according to ICANN records.

Before general availability on March 6, there’ll be a week-long Early Access Period, with prices starting at $25,000 wholesale and decreasing daily to settle at GA prices.

Unusually, and I think uniquely, there’s also going to be a 24-hour “Customer Loyalty Period” on February 28/29, which has the same prices as day one of EAP.

INCO CEO Shayan Rostam told me this period “gives us the opportunity to provision domains to certain existing customers or partners after sunrise but before GA.” He described it as a “1-day pioneer program phase for the registry.”

The five gTLDs were bought from Lifestyle Domain Holdings last year, as the would-be registry carried on dumping or selling off its portfolio of long-unused gTLDs.

.vana was a brand, but INCO plans to use it to do something as-yet-unrevealed related to blockchain naming systems. .diy refers to “Do It Yourself”, the practice of carrying out home improvements or repairs without hiring professional experts.

All of the five will be unrestricted. They’ve all been moved to the Tucows back-end registry service provider.

$10 million of ICANN cash up for grabs

Kevin Murphy, January 9, 2024, Domain Policy

ICANN has officially launched its Grant Program, making $10 million available to not-for-profit projects this year.

The Org expects to start accepting applications for between $50,000 and $500,000 between March 25 and May 24 and start handing out the cash early next year.

It’s the first phase of a program that currently sees ICANN sitting on a distributable cash pile of $217 million that it raised by auctioning off contested new gTLD registry contracts under the 2012 gTLD application round.

The money is only available to registered charities that in some way support ICANN’s mission in terms of developing internet interoperability or capacity building.

Organizations worldwide will be able to apply, but it seems unlikely anyone from a country currently subject to US government sanctions will be successful. Conflicted organizations — such as those led by somebody involved with the program — are also barred.

Applications for grants will be assessed by ICANN staff, a yet-to-be-named Independent Application Assessment Panel comprising “a diverse collective of subject matter experts”, and ultimately the ICANN board of directors.

More information and the application form can be found here.

Life insurance company kills dot-brand

Kevin Murphy, December 20, 2023, Domain Registries

An American life insurance company’s gTLD has become the 25th dot-brand to be abandoned in 2023.

The Guardian Life Insurance Company of America has asked ICANN to cancel its contract to run .guardian, which it has barely used.

The company had been running a newsletter at connect.guardian but interest in that seems to have dried up around 2020. No other .guardian domains had been registered.

It had been in a bit of a scuffle with UK newspaper publisher Guardian News and Media, which also applied for .guardian, during the application process.

The publisher settled for .theguardian instead, but abandoned that post-delegation in 2016, after selling sister newspaper brand .observer to Identity Digital.

Assuming the termination is not withdrawn, it will leave ICANN with 375 contracted dot-brands, from its initial total of 494.

Shiba Inu outs itself as crypto new gTLD applicant

Kevin Murphy, December 19, 2023, Domain Registries

Shib, the developer behind the Shiba Inu cryptocurrency, said today that it plans to apply to ICANN for the .shib top-level domain.

The idea is to have the domain in the consensus DNS root and also in a blockchain and to make the two interoperable.

The company has partnered with D3 Global, the startup launched in September by industry veterans Fred Hsu, Paul Stahura and Shayan Rostam, to work on the application and interoperability platform.

Shib seems to be the second customer for D3. It’s also working with a blockchain company called Viction on .vic.

Perhaps erring on the side of responsibility, D3 is using an asterisk instead of a dot when offering names prior to ICANN approval, so it’s *shib and *vic instead of .shib and .vic.

The next ICANN application round is not expected to open until early-to-mid-2026.

ICANN accused of power grab over $271 million auction fund

Kevin Murphy, November 28, 2023, Domain Policy

ICANN has acted outside of its powers by ignoring community policy recommendations and leaving its $271 million gTLD auction windfall open to being frittered away on lawyers, according to community members.

The Intellectual Property Constituency of the GNSO has filed a formal Request for Reconsideration over a board resolution passed at ICANN 78 last month in Hamburg, and other constituencies may add their names to it shortly.

The row concerns the huge cash pile ICANN was left sitting on following the auction of 17 new gTLD contracts between 2014 and 2016, which raised $240 million (as of July, around $271 million after investment returns and ICANN helping itself to a portion to fund its operations reserve).

It was decided that the money should be used to fund a grant program for worthy causes, with organizations able to apply for up to $500,000 during discrete rounds, the first of which is due to open next year with a $10 million pot. Around $220 million is believed to be earmarked for the grant program over its lifetime.

But the Cross Community Working Group for Auction Proceeds (CCWG-AP) that came up with the rules of the program was concerned that unsuccessful applicants, or others chagrined by ICANN’s grant allocations, might challenge decisions using ICANN’s accountability mechanisms.

This would cause money earmarked for worthy causes to be spaffed away on lawyers, which the CCWG-AP wanted to avoid, so it recommended that ICANN modify its fundamental bylaws to exclude the grant program from mechanisms such as the Independent Review Process, which usually incurs high six-figure or seven-figure legal fees.

ICANN seemed to accept this recommendation — formally approving it in June last year — until ICANN 78, when the board approved a surprise U-turn on this so-called Recommendation 7.

The board said it was changing its mind because it had found “alternative ways” to achieve the same objective, “including ways that do not require modification to ICANN’s core Bylaws on accountability”. The resolution stated:

As a result, the Board is updating its action on Recommendation 7 to reflect that ICANN org should implement this Recommendation 7 directly through the use of applicant terms and conditions rather than through a change to ICANN’s Fundamental Bylaws.

This left some community members — and at least one ICANN director — scratching their heads. Sure, you might be able to ban grant applicants from using the IRP in the program’s terms and conditions, but that wouldn’t stop third parties such as an applicant’s competitors from filing an IRP and causing legal spaffery.

The board was well aware of these concerns when it passed the resolution last month. Directors pointed out in Hamburg that ICANN is still pursuing the bylaws amendment route, but has removed it as a dependency for the first grant round going ahead.

This left some community members nonplussed — it wasn’t clear whether ICANN planned to go ahead with the program ignoring community recommendations, or not. The reassuring words of directors didn’t seem to tally with the language of the resolution.

So the IPC took the initiative and unironically invoked an accountability mechanism — the RfR — to get ICANN to change its mind again. I gather the request was filed as a precaution within the 30-day filing window due to the lack of clarity on ICANN’s direction.

The RfR states:

the impetus behind the Bylaws change was to prevent anyone from challenging grant decisions, including challenges from parties not in contractual privity with ICANN. The Board’s hasty solution would only prevent contracting grant applicants from challenging decisions; it would not in any way affect challenges by anyone else – including anyone who wished to challenge the award of a grant. The grant program could be tied in knots by disgruntled parties, competitive organizations or anyone else who wished to delay or prevent ICANN from carrying out any decision to grant funds. This is exactly what the CCWG-AP sought to prevent

The IPC says that by bypassing the bylaws amendment process, which involves community consent, the ICANN board is basically giving itself the unilateral right to turn off its bylaws-mandated accountability mechanisms when it sees fit. A power grab.

It wants the Hamburg resolution reversed.

Discussing the RfR a few days before it was filed, other members of the GNSO Council suggested that their constituencies might sign on as fellow complainants if and when it is amended.

RfRs are handled by ICANN’s Board Accountability Mechanisms Committee, which does not currently have a publicly scheduled upcoming meeting.

Google sells five-figure AI domain and six-figure .ing hack

Kevin Murphy, November 27, 2023, Domain Sales

A single-letter domain, an AI-related name, and a category-killer domain hack appear to have been sold by Google Registry during the latest week of its ongoing Early Access Period for the new .ing gTLD.

Judging by the .ing zone file, at least three domains have been registered in .ing since I last posted about the apparent seven-figure sale of host.ing a couple weeks ago.

The new names are w.ing, shipp.ing and tur.ing. I assume tur.ing refers to war hero Alan Turing, one of the fathers of computing and namesake of the Turing Test, used to judge AI intelligence.

w.ing was registered first, on November 13, when it would have incurred a six-figure price tag, according to published registrar retail prices. The registrant is listed as Google via the registrar Markmonitor.

Unlike w.ing and host.ing, the other two were registered via GoDaddy (albeit with redacted registrant names) so we can be more confident they are actually sales to third-party registrants.

Both shipp.ing and tur.ing were registered shortly after Google’s EAP rolled over into week three pricing ($35,000 at 101Domain‘s low-end prices, as a guide) on November 21 at 1600 UTC.

If Whois can be relied upon, the shipp.ing registrant is based in Texas and the tur.ing registrant in Arizona.

tur.ing is the only one trying to resolve currently, from where I’m sitting, but it fails due to a cert error.

Google’s EAP enters week four tomorrow at 1600 UTC, at which point prices fall daily until they settle at general availability pricing on December 5.

.blackfriday is still a bit rubbish

Kevin Murphy, November 27, 2023, Domain Registries

It’s Cyber Monday, so this post is 100% OFF the usual price!

A decade ago, Black Friday — the day after Thanks Giving, on which retailers in the US deeply discount products to drum up sales — wasn’t really a thing here in the UK, but now it’s everywhere.

Largely as a result of pressure from US-based online retailers, the concept of Black Friday has been gradually seeping into the public consciousness here, and elsewhere in the world, since the early 2010s, and as such, you might expect sales of .blackfriday domains to have grown in tandem.

But they haven’t. In fact, the .blackfriday gTLD, which has been available since mid-2014, still languishes unloved and untended.

The latest registry transaction report shows just 1,084 .blackfriday domains under management at the end of July, down from 1,127 a year earlier and 1,580 five years ago.

The TLD peaked in 2016 at 12,000 names at a time when the original registry, Uniregistry, held approximately 10,000 domains for itself that it subsequently dropped.

The most-recent zone files show under 1,000 .blackfriday domains with name servers.

Being owned by GoDaddy Registry since March 2022, after Uniregistry shuttered and sold off all its gTLD contracts, hasn’t helped matters.

Remarkably, you still can’t buy .blackfriday domains via GoDaddy — the retail registrar arm of the company has precisely zero .blackfriday domains under management and godaddy.blackfriday redirects to a godaddy.com storefront where .blackfriday domains are not available.

If Google juice is any indication of popularity, some of the highest-profile companies actually using .blackfriday domains appear to be losing their enthusiasm.

Just clicking on the first few dozen .blackfriday domains in a Google results page reveals several web sites that have not been updated for this year’s Black Friday, some not for years. One of them, holidays.blackfriday, is listed as a flagship tenant on GoDaddy’s registry web site, yet is still flogging deals for the European summer 2023 season.