ZACR wades into .africa lawsuit, tells judge he screwed up

ZA Central Registry has told the judge in DotConnectAfrica’s lawsuit against ICANN that the preliminary injunction he granted DCA recently was based on a misunderstanding.
The injunction, granted a month ago, prevents ICANN delegating the .africa gTLD to ZACR until the lawsuit reaches a conclusion.
But, in papers filed Friday, ZACR points out that the judge screwed up in his reasoning. Judge Gary Klausner’s ruling was “predicated upon a key factual error”, ZACR says.
The error is the same one I wrote about last month — the judge thinks DCA originally passed the Geographic Names Review of its Initial Evaluation for .africa, and that ICANN later failed it anyway.
In fact, DCA never passed the GNR, and the document the judge cites in his ruling is actually ZACR’s Initial Evaluation report.
The GNR is the bit of the evaluation where both .africa applicants had to prove they had support from 60% of African governments and no more than one African governmental objection.
ZACR said in one of its Friday filings (pdf):

The record is undisputed that DCA’s application had not passed the geographic names evaluation process. And it could not because DCA did not have the requisite support of 60% or more of the African Union governments. Further, DCA’s application had been the subject of 17 “Early Warning” submissions by African Union governments. Correcting for this factual error, the record is clear that DCA has no likelihood of success in this litigation.

ZACR also says Klausner erred by saying .africa could only be delegated once, saying that TLDs can be redelegated to different operators after their initial delegation.
It’s filed a motion asking the judge to “reconsider and vacate” his preliminary injunction ruling.
ZACR is now named as a defendant in the lawsuit, which originally only named ICANN and unidentified parties.
ICANN has dropped its motion to dismiss the case and last week filed its answer (pdf) to DCA’s complaint, in which it denies any wrongdoing.
ICANN appears to be happy to let the judge’s mistake slide, or at least to allow ZACR to burden the risk of potentially pissing him off by highlighting his error.

Donuts wins .doctor

Donuts has emerged the victor of the .doctor gTLD contention set.
Competing applicants Radix and The Medical Registry both withdrew their applications last week.
The string wasn’t due to head to its ICANN last-resort auction until May 25, indicating that the contention set was settled privately.
.doctor has been the subject of some controversy.
ICANN’s Governmental Advisory Committee had insisted that .doctor should be reserved purely for licensed medical doctors.
Donuts had complained that this would rule out use by any of the myriad other types of doctor, as well as registrants using “doctor” in a fanciful sense (like “rug doctor” or “PC doctor”).
ICANN initially accepted the GAC advice, but changed its mind this February, declining to impose such restrictive language on .doctor’s contractual Public Interest Commitments.
So it seems that .doctor will be generally unrestricted.
Donuts will have to sign up to the standard “Category 1” PICs, which require the registry to work with relevant regulatory bodies, however.

African brands wiped off the map as ICANN flips the kill switch on 10 gTLDs

Ten dot-brand gTLDs may never see the light of day, after ICANN sent termination notices to the applicants.
The move means that the number of African-owned dot-brand gTLDs to go live in the current round will be precisely zero.
The 10 affected gTLDs are .naspers, .supersport, .mzansimagic, .mnet, .kyknet, .africamagic, .multichoice, .dstv and .gotv, which were applied for by four South African companies, and .payu, which came from a Dutch firm.
In each case, the applicant had signed a Registry Agreement with ICANN in early 2015, but had failed to actually go live in the DNS within the required 12-month window.
All had deadlines in February or March but failed to meet even extended deadlines.
The condemned gTLDs make up more than half of the total applications originating in Africa.
Of the original 17 African applications, only ZACR’s .joburg, .capetown and .durban city gTLDs have actually been delegated.
Another application, the generic .ummah from Ummah Digital of Gambia, was withdrawn in 2013.
The League of Arab States’ .arab and عرب. are both currently in pre-delegation testing, having signed ICANN contracts in November.
The remaining two applications are both for .africa, which is currently stuck in litigation.
We’re looking at a maximum of six African-owned gTLDs, of a possible 16, going live in the 2012 round.
ICANN was criticized back in 2012 for not doing enough to raise awareness of the new gTLD program, criticisms that have been raised again recently as the community starts to seriously look at how things can be improved for the next round.
UPDATE: This article originally stated that .ummah was a dot-brand application. It was not. The text has been corrected accordingly.

Donuts makes weird investment in startup

Donuts has made a surprising investment in a company that makes geolocation technologies.
The new gTLD registry operator announced yesterday that it has something called Donuts Labs, through which it will make “strategic investments” in “similar” companies.
Its first investment is in California tech startup GeoFrenzy, which operates in the emerging “geofences” space.
A geofence is a virtual perimeter around a defined geographic location.
Basically, GeoFrenzy has divided the world up into square-centimeter chunks and stores data about who owns these chunks in a registry database.
Using the GPS service you’ll find in all modern mobile devices, apps using the technology can figure out when you walk into or out of a registered, fenced-off area, triggering some behavior.
Such services are believed to have applications ranging from logistics to advertising. One example on the GeoFrenzy web site says that its database and software could be used to keep drones out of restricted airspace.
The terms of the deal with were not disclosed, but it’s surprising news for a couple of reasons.
First, Donuts appears to have cash to throw around on pet side-projects at a time when one would assume, as an early-stage company itself, it would be more focused on growing its fledgling new gTLD business.
Second, the press release makes out that there are technology synergies between the companies.
GeoFrenzy CEO Sean Eilers is quoted as saying: “Their expertise in managing a highly scalable registry and their experience with innovative DNS technologies makes Donuts an ideal fit as an investor and strategic partner.”
But to the best of my knowledge Donuts doesn’t have any experience managing a highly scalable registry. It outsources all of that kind of thing to Rightside, doesn’t it?
Donuts says it will be making more, similar investments in future.

.shop lawsuit falling to pieces

Commercial Connect’s lawsuit against ICANN appears to be on its way out, as ICANN claims the .shop applicant has “abandoned” the case.
The company sued ICANN in January in an attempt to prevent .shop gTLD being sold off via an ICANN last-resort auction.
It failed, and the auction raised a $41 million winning bid from GMO Registry.
It transpired that the company didn’t bother telling its lawyer that it had signed an agreement not to sue when it applied for .shop, and the lawyer jumped ship less than two weeks after the complaint was filed.
The lawyer told the court the waiver had been “buried among thousands and thousands of documents on a USB drive” and that he hadn’t noticed it before filing the suit.
In a court filing (pdf) yesterday, ICANN said that Commercial Connect had failed to secure a new lawyer, had failed to formally serve ICANN with the complaint, and had missed its April 25 deadline to argue against ICANN’s motion to dismiss the case.
For these reasons, it said, the case should be chucked.
Commercial Connect applied for .shop in 2000 and again in 2012 and has used every appeals mechanism and legal tool at its disposal in order to disrupt competing bids.
GMO’s .shop is currently in pre-delegation testing.

Two more dot-brands self-terminate

The dot-brand dead-pool is now up to three gTLDs.
FLSmidth, which supplies machinery to the cement industry, and Emerson Electric, which also makes industrial machinery, have both decided that they don’t need their new gTLDs.
The affected gTLDs are .flsmidth and .emerson.
Both companies have filed cursory notices of termination with ICANN, indicating that they no longer wish to have a new gTLD Registry Agreement.
Neither company has yet received a preliminary determination from ICANN, a step that will lead to a month-long public comment period before the contracts are terminated.
In Emerson’s case, .emerson has not been delegated so there will be no impact on the number of TLDs in the root.
FLSmidth’s dot-brand has been live since September 2014, but the company never made the transition away from its .com.
While registry reports show that six domains have been registered, its latest zone file shows only the obligatory nic.flsmidth domain is active.
The first new gTLD to cop out was .doosan, the dot-brand for Korean conglomerate Doosan. It took over four months from filing its notice last October to the TLD being retired.

.web has an auction date

The .web gTLD will go to auction July 27, according to ICANN.
The organization released an updated auction schedule (pdf) on Wednesday night that also slates .kids/.kid for an auction on the same day.
Both auctions have confusing “indirect contention” elements, where two strings were ruled confusingly similar.
With .web, it’s lumped in with Vistaprint’s application for .webs, which lost a String Confusion Objection filed by Web.com.
Under ICANN rules, .webs is confusingly similar to to Web.com’s .web, but not to the other six .web applications.
This means that Vistaprint and Web.com basically are fighting a mini contention set auction to see who gets their applied-for gTLD.
If Web.com wins the auction for .web, Vistaprint cannot have .webs. However, if any other .web applicant wins, Vistaprint can go ahead with .webs.
Either way, there will be a .web delegated this year. Google, Donuts, Radix, Afilias, Schlund Technologies, Nu Dot Co are all contenders.
In the case of .kids/.kid, the one applicant for .kid — Google — won SCOs against DotKids Foundation and Amazon by default because both .kids applicants failed to respond to the complaints.
DotKids Foundation recently lost a Community Priority Evaluation, enabling the auction to go ahead.
Because Google is in contention with both .kids applicants, only one of the two strings will ultimately be delegated — .kids and .kid will not coexist.
The only other scheduled auction right now is that of .doctor, which is planned for May 25. Radix, Donuts and The Medical Registry will fight it out in this rather less complex battle.
It’s worth noting that if any of these contention sets unanimously choose to resolve their differences via private auction, none of the ICANN auctions will go ahead.

The .web gTLD could go live in 2016

The new gTLD .web could be coming to the internet sooner than expected after two of the remaining barriers to delegation disappeared.
Following the withdrawal last week of an application for the plural .webs, an auction for .web could happen in the next couple of months, enabling a go-live date possibly in 2016.
.web, often considered the most desirable truly generic gTLD, has had a rough time of it in the 2012 ICANN new gTLD program.
There were seven applications for the string. Google, Web.com, Donuts, Radix, Afilias, Schlund Technologies, Nu Dot Co all applied.
The registrar Web.com (owner of Network Solutions, Register.com, et al) appears to be especially keen to get the domain, given that the string more or less matches its brand.
It perhaps should have been a straightforward auction shoot-out.
But, complicating matters, bespoke printing firm Vistaprint had filed two applications — one vanilla, one “community” based — for the plural version of the string, “.webs”.
Vistaprint runs a website development service called Webs.com. It’s the plural of the Web.com brand.
Web.com wasn’t happy about Vistaprint’s .webs applications, so it filed String Confusion Objections against both, arguing that .web and .webs were too confusingly similar to co-exist on the internet.
While there are now many examples of plurals and singulars living together (see .auto/s, .fan/s and .gift/s), the registrar won both of its SCO complaints, meaning Vistaprint’s two applications and the seven .web applicants were lumped together into the same contention set.
If two strings are in the same contention set, only one can survive to be ultimately delegated to the DNS.
Vistaprint appealed the SCO decisions, first with a Request for Reconsideration to the ICANN board (predictably unsuccessful) and then with an Independent Review Process complaint.
While the IRP was being mulled over, .web was in limbo.
The IRP was unsuccessful. The IRP panel ruled in October that ICANN had not violated its bylaws in accepting the SCO panel’s decision.
But it gave ICANN a nudge, suggesting that perhaps it could give Vistaprint leave to appeal the original SCO determinations via another mechanism.
In early March, the ICANN board proper decided that:

the Vistaprint SCO Expert Determination is not sufficiently “inconsistent” or “unreasonable” such that the underlying objection proceedings resulting in the Expert Determination warrants re-evaluation.

The board said that the .web/.webs contention set should be processed as normal; in other words: go to auction.
That removed the first barrier to the .web/.webs auction going ahead.
The second barrier was the fact that Visaprint had file two applications for .webs — one regular, one “community”.
By self-identifying as a “community”, Vistaprint qualified for the Community Priority Evaluation. A winning CPE means all competing applications — including the .web applications in this case — would be eliminated.
While the CPE process is far from perfect, I think the chances of Vistaprint winning would be pretty slim.
Perhaps Vistaprint agreed with me. Whatever the thought process, the company has withdrawn its “community” application. The withdrawal was reflected on the ICANN web site at the weekend, according to the little birds at DI PRO.
What this means is that the seven .web applications and Vistaprint’s remaining, non-community .webs application will be going to auction together.
It could be a private auction, where the proceeds are divvied up between the losers, or an ICANN “last resort” auction, where ICANN gets all the money.
Either way, the winning bidder is likely to pay a LOT of cash for their chosen string.
GMO Registry paid $41 million for .shop back in January. I’d be flabbergasted if .web wasn’t eight figures too.
If Vistaprint offers to pay more money for .webs than Web.com wants to pay for .web, Web.com will be eliminated from the race and Vistaprint will get .webs.
In that scenario, the remaining six .web applicants fight it out for control of the gTLD.
However, if Vistaprint loses against Web.com then all of the seven .web applicants fight it out at auction.
Depending on the identity of the winner and the timing of auctions and pre-delegation testing, it could slip into the root and possibly even become available before the end of the year.
That’s assuming no more surprises, of course.
UPDATE: This post originally incorrectly described the rules of the .web/.webs auction. It was updated with a correct explanation at 2120 UTC.

Registrars say Amazon is “closing” open gTLD

A group comprising some of the largest domain registrars has claimed Amazon is attempting to close off a new gTLD that it previously indicated would be unrestricted.
The 12-strong group, which includes Go Daddy, Network Solutions and Tucows, also claims that the company’s proposal for a “Registration Authentication Platform” is anti-competitive.
The complaints follow Amazon’s filing of a Registry Services Evaluation Process request with ICANN in March.
The RSEP speaks in broad terms about rejigging the conventional domain registration path so that all .moi sales are funneled through Amazon’s registry site, where registrants will have their eligibility verified and then be offered a set of add-on “technology tools” before being bounced back to their chosen registrar.
Amazon hasn’t said who will be eligible to register .moi domains, nor has it explained what technology tools it plans to offer. I expect the tools will include things such as hosting and security, where many registrars currently make money.
Unsurprisingly, many registrars are not happy about these vague proposals.
In a comment (pdf) to the RSEP filed yesterday, they said:

Ultimately, the use of pre-registration verification and “optional” value added services will negatively impact competition. By tying both practices in a TLD, a TLD Operator can create a “captive audience” via the pre-registration verification and then offering optional services. This will effectively bypass the existing registration and purchase process, putting TLD Operator in a privileged position. The TLD is set up to capture customers earned via the Registrars marketing efforts to promote its own tools and services.

It’s not unusual for “sponsored” or “restricted” gTLDs to implement registry-side verification, they admitted, but said that .moi is meant to be “open”.
They wrote:

While this practice is not explicitly prohibited under gTLDs, we believe that post-delegation inclusion of these practices should only be allowed in compelling circumstances because they are, in effect, retroactively “closing” what was applied for and approved to be operated as an open, generic TLD.

Amazon’s application for .moi, like all of its new gTLD applications, is not entirely clear on what the company’s plans are. There’s vague talk about eligibility, but no details and nothing substantial to suggest a tightly restricted zone.
The signatories to the registrar comment represent the majority of registered domain names. They are: Astutium, Blacknight Internet Solutions, Domain.com, EuroDNS, GoDaddy.com, OpenproviderNetEarth One, Key-Systems, Netistrar, Network Solutions, Nordreg, Realtime Register, Tucows Domains.
One registrar, Com Laude, whose sister company Valideus handles Amazon’s gTLD applications, wrote a comment (pdf) expressing the opposite view.
Com Laude says that it’s not unusual for registries to require registry-side verification. It points to .bank, .pharmacy and .travel as examples.
The company also claims that the 12 registrars are in essence complaining about the idea of vertical integration — where registries and registrars are under common ownership — which is already in place at companies such as Uniregistry and Rightside.
Com Laude’s Jeff Neuman wrote:

We do not believe that it is unacceptable for a company like Amazon to do what these other companies have been doing for some time. To apply different standards to Amazon Registry than it does for each of the other vertically integrated entities would single them out for disparate treatment – especially when there is no factual basis to believe that Amazon Registry has not adhered to its vertical integration-related obligations under the Registry Agreement.

What’s going on here, I suspect, is a bit of a proxy war.
Neither Amazon nor the registrars care a great deal about .moi, I think. The gTLD is merely a canary for Amazon’s 30-odd yet-to-be-launched gTLDs. The company has the rights to potentially more attractive strings, including .book, .song and .tunes.
Amazon originally wanted to make these strings “closed generics”, or what ICANN calls “exclusive access” gTLDs, where only Amazon could register names.
It has since disavowed such plans, but still hasn’t said who will be able to register names in its portfolio or how they will prove eligibility.
.moi was not originally identified as a closed generic by ICANN, but it could represent a model for what Amazon plans to do with the rest of its stable.

IWF finds child abuse imagery on new gTLD domains

The Internet Watch Foundation said it found child abuse imagery on new gTLD domain names for the first time in 2015.
The UK-based organization, tasked with identifying and blocking child abuse imagery online, today released its 2015 annual report.
The report says that it found 68,092 unique URLs with this illegal content in the year, spread over 1,991 domains. It says:

Five top level domains (.com .net .ru .org .se) accounted for 91 per cent of all webpages identified as containing child sexual abuse images and videos.

However, it also says that child abuse was found on new gTLDs for the first time.
While the report doesn’t make much of this trend, it should be worrying.
The IWF said it took action on 436 new gTLD domains in 2015, many of which “appeared to have been registered specifically for that purpose”.
While new gTLD names appear to be responsible for a very small percentage of flagged URLs, they seem to be 21% of the total number of domains on which child abuse imagery was found.
This discrepancy may be explained by the fact that 78% of the total abuse URLs were found on free-to-use image hosting sites, probably concentrated in .com.
The IWF added that 138 of the new gTLD domains hosted “disguised” abuse sites. These are sites where illegal content is only shown when visitors arrive from a specific referrer link.
The IWF offers a “Domain Alerts” service to its members, which allows registries and registrars to quickly take down domains confirmed as containing illegal material.
Judging by its member list, not many domain name companies are members.
Members include Go Daddy, ICM Registry, .London Domains, Rightside, Afilias and Nominet.