Foot-dragging Amazon has bumper crop of new gTLDs

Amazon Registry Services took possession of 17 new gTLDs at the weekend.
The would-be portfolio registry had .author, .book, .bot, .buy, .call, .circle, .fast, .got, .jot, .joy, .like, .pin, .read, .room, .safe, .smile and .zero delegated to the DNS root zone.
Amazon seems to have waited until the last possible moment to have the strings delegated.
It signed its registry agreements — which state the TLDs must be delegated with a year — in mid-December 2014.
Don’t plan on being able to register domains in any of these gTLDs. You may be disappointed.
All of the strings were originally applied for as what became known as “closed generics”, in which Amazon would have been the only permitted registrant.
It recanted this proposed policy in early 2014, formally amending its applications to avoid the Governmental Advisory Committee’s anti-closed-generic advice.
Its registry contracts do not have the standard dot-brand carve-outs.
However, the latest versions of its applications strongly suggest that registrant eligibility is going to be pretty tightly controlled.
The applications state: “The mission of the <.TLD> registry is: To provide a unique and dedicated platform while simultaneously protecting the integrity of Amazon’s brand and reputation.”
They go on to say:

Amazon intends to initially provision a relatively small number of domains in the .CIRCLE registry to support the goals of the TLD… Applications from eligible requestors for domains in the .CIRCLE registry will be considered by Amazon’s Intellectual Property group on a first come first served basis and allocated in line with the goals of the TLD.

They state “domains in our registry will be registered by Amazon and eligible trusted third parties”.
Amazon has not yet published its TLD start-up information, which may provide more clarity on how the company intends to handle these strings.
I suspect we’ll be looking at a policy that amounts to a workaround of the closed-generic ban.
The registry seems to be planning to run its registry from AmazonRegistry.com.

Schilling: registries could wind-down unprofitable gTLDs

New gTLD portfolio registries may one day decide to wind down some of their gTLDs if they fail to reach profitability.
That’s according to Uniregistry CEO Frank Schilling, who told DI today that registries may “sunset” under-performing TLDs.
His comments came in response to our post earlier today about registries going out of business involuntarily due to lack of sales.
But he’s referring to registries managing large numbers of strings, winding down the unprofitable ones in a controlled manner.
“I can’t see Uniregistry doing that today, but if in round two we get 100 strings that all kill it and we have some round one stuff that sucks, yes,” he said in an email. “I would consider raising prices to get the string profitable or sunset the string.”
“That said,” he added, “that’s 5-8 years out [and] by then even the slowest should be profitable.”

ICANN security advisor predicts “hundreds” of new gTLDs will “go dark”

A security company led by a member of ICANN’s top security committee reckons that “hundreds” of new gTLDs are set to fail, leading to web sites “going dark”.
Internet Identity, which provides threat data services, made the prediction in a press release this week.
IID’s CTO, quoted in the release, is Rod Rasmussen. He’s a leading member of the Anti-Phishing Working Group, as well as a member of ICANN’s influential Security and Stability Advisory Committee.
He has a dim view of new gTLDs:

Most new gTLDs have failed to take off and many have already been riddled with so many fraudulent and junk registrations that they are being blocked wholesale. This will eventually cause ripple effects on the entire domain registration ecosystem, including consolidation and mass consumer confusion as unprofitable TLDs are dropped by their sponsoring registries.

The press release acknowledges that ICANN has an Emergency Back-End Registry Operator (EBERO) program, which will keep failing gTLDs alive for up to three years after the original registry operator goes out of business.
But it continues:

questions abound as to who would risk an investment in poorly performing TLDs, especially as they start to number in the hundreds. “That’s why eventually some are going to just plain go dark,” added Rasmussen.

The prediction is for “2017 and beyond”. Given the existence of the EBERO, we’re probably looking at 2020 before IID’s claim can be tested.
It’s a bit of a strange prediction to come out of a security company.
The whole point of EBERO is to make sure domain names do not go dark, giving either the registry the chance to sell on the gTLD or the registrants a three-year heads-up that they need to migrate to a different TLD.
It would be a bit like being told that there’s a horrible bit of malware that is set to brick your computer, but that you’ll be fine if you change your anti-virus provider in the next three years.
I could live with that kind of security threat, personally.
But what are the chances of hundreds of live, non-dot-brand going fully post-EBERO dead in the next few years?
I’d say evidence to date shows the risk may be over-stated. It may happen to a small number of TLDs, but to “hundreds”?
We’ve already seen new gTLD registries essentially fail, and they’ve been taken over by others even when they’re by definition not profitable.
Notably, .hiv — which has a contractual agreement with ICANN to not turn a profit — failed and was nevertheless acquired by Uniregistry.
We also see registries including Afilias and Donuts actively searching for failing gTLDs to acquire.

It’s official: new gTLDs didn’t kill anyone

The introduction of new gTLDs posed no risk to human life.
That’s the conclusion of JAS Advisors, the consulting company that has been working with ICANN on the issue of DNS name collisions.
It is final report “Mitigating the Risk of DNS Namespace Collisions”, published last night, JAS described the response to the “controlled interruption” mechanism it designed as “annoyed but understanding and generally positive”.
New text added since the July first draft says: “ICANN has received fewer than 30 reports of disruptive collisions since the first delegation in October of 2013. None of these reports have reached the threshold of presenting a danger to human life.”
That’s a reference to Verisign’s June 2013 claim that name collisions could disrupt “life-supporting” systems such as those used by emergency response services.
Names collisions, you will recall, are scenarios in which a newly delegated TLD matches a string that it is already used widely on internal networks.
Such scenarios could (and have) led to problems such as system failure and DNS queries leaking on to the internet.
The applied-for gTLDs .corp and .home have been effectively banned, due to the vast numbers of organizations already using them.
All other gTLDs were obliged, following JAS recommendations, to redirect all non-existent domains to 127.0.53.53, an IP address chosen to put network administrators in mind of port 53, which is used by the DNS protocol.
As we reported a little over a year ago, many administrators responded swearily to some of the first collisions.
JAS says in its final report:

Over the past year, JAS has monitored technical support/discussion fora in search of posts related to controlled interruption and DNS namespace collisions. As expected, controlled interruption caused some instances of limited operational issues as collision circumstances were encountered with new gTLD delegations. While some system administrators expressed frustration at the difficulties, overall it appears that controlled interruption in many cases is having the hoped-for outcome. Additionally, in private communication with a number of firms impacted by controlled interruption, JAS would characterize the overall response as “annoyed but understanding and generally positive” – some even expressed appreciation as issues unknown to them were brought to their attention.

There are a number of other substantial additions to the report, largely focusing on types of use cases JAS believes are responsible for most name collision traffic.
Oftentimes, such as the random 10-character domains Google’s Chrome browser uses for configuration purposes, the collision has no ill effect. In other cases, the local system administrators were forced to remedy their software to avoid the collision.
The report also reveals that the domain name corp.com, which is owned by long-time ICANN volunteer Mikey O’Connor, receives a “staggering” 30 DNS queries every second.
That works out to almost a billion (946,728,000) queries per year, coming when a misconfigured system or inexperienced user attempts to visit a .corp domain name.

Verisign v XYZ judge confirms both companies suck

Verisign and XYZ.com have both come out of a US lawsuit looking like scumbags.
Explaining his dismissal of Verisign’s false advertising lawsuit against .xyz registry XYZ.com, Virginia judge Claude Hilton today said that XYZ.com’s statements about its registration numbers were “verifiably true”.
At the same time, he confirmed that they came about as a result of a bullshit deal with Network Solutions to bolster .xyz’s launch numbers.
The judge’s ruling confirms for the first time the financial details of the deal between XYZ and Web.com (Network Solutions) that saw .xyz’s registration volume rocket in its first few weeks of general availability. He wrote:

Web.com purchased 375,000 domain names for a price of $8 each totaling $3 million dollars. In exchange, XYZ purchased advertising from Web.com in the form of 1,000 impressions for $10 each, at a total cost of $3 million dollars. Instead of cash exchanging hands, advertising credit was given to XYZ and the .xyz domain names were given to Web.com, who subsequently gave them away as free trials to their subscribers.

In other words, XYZ bought $10,000 of advertising for $3 million and paid for it with $3 million of free .xyz domains — 375,000 of them.
That bogus deal enabled XYZ to report big reg volume numbers without actually, legally, lying,
“The statements regarding Defendants’ revenue and number of registrations are statements of fact that are verifiably true,” the judge wrote.

When the Defendants [XYZ.com] stated they were a market leader in new TLD’s and that they had the most new registrations than any other TLD, they were basing that information off of an accurate zone file. Further, the zone file confirms that there are over 120 million .com registrations and one {1) million .xyz registrations. These statements are also true.

The judge said he was dismissing the suit not just because XYZ wasn’t lying, but also because Verisign couldn’t show that it had been harmed.
The number of .com registrations has actually been going up, he noted.
Much of Verisign’s complaint centered on this ad:

Verisign said the ad lied about the availability of .com domains, which XYZ denied.
The judge said:

The video posted to YouTube is puffery and opinion. It displays no actual domain names, and communicates a subjective measure of value and superiority, not capable of being proven false.

“Puffery” is a term with legal weight in false advertising cases under US law. It basically means that advertisers are allowed to exaggerate. XYZ had in fact used the “puffery” defense.
The judge seems to have relied heavily on zone file analysis to reach his conclusions. He wrote.

according to Plaintiff’s [Verisign’s] own data, .com names are largely unavailable. In a given month, Plaintiff reports that it receives about two (2) billion requests to register <.com> domain names, yet fewer than three (3) million are actually registered.

I believe that “two billion” number refers to how many “attempted adds” Verisign gets every month for .com domains, as reported in its monthly reports with ICANN.
That number would include every automated attempt to register a dropping domain by every registrar.
It’s not a reflection of how many actual human beings attempt and fail to register .com domains and, in my view, it’s worrying that the judge took it to mean that.
In summary, the lawsuit managed to unearth the dirty reality behind XYZ’s launch “success”, whilst also making Verisign look like a petty, petulant, child.
Everybody loses.
Except the lawyers, obviously, who have been paid millions.

ICANN reveals 12 more data breaches

Twelve more new gTLD applicants have been found to have exploited a glitch in ICANN’s new gTLD portal to view fellow applicants’ data.
ICANN said last night that it has determined that all 12 access incidents were “inadvertent” and did not disclose personally identifiable information.
The revelation follows an investigation that started in April this year.
ICANN said in a statement:

in addition to the previous disclosures, 12 user credentials were used to access contact information from eight registry operators. Based on the information collected during the investigation it appears that contact information for registry operators was accessed inadvertently. ICANN also concluded that the exposed registry contact information does not appear to contain sensitive personally identifiable information. Each of the affected parties has been notified of the data exposure.

The glitch in question was a misconfiguration of a portal used by gTLD applicants to file and view their documents.
It was possible to use the portal’s search function to view attachments belonging to other applicants, including competing applicants for the same string.
Donuts said in June that the prices it was willing to pay at auction for gTLD string could have been inferred from the compromised data.
ICANN told compromised users in May that the only incidents of non-accidental data access could be traced to the account of Dirk Krischenowski, CEO of dotBerlin.
Krischenowski has denied any wrongdoing.
ICANN said last night that its investigation is now over.

English beats Portuguese in $2.2m .hotels auction

Booking.com has won the right to operate .hotels after an auction concluded a protracted fight over the gTLD.
In an ICANN-run auction yesterday, Booking.com prevailed with a winning bid of $2.2 million.
Its sole competitors was Travel Reservations (formerly Despegar Online), which had applied for the Portuguese word .hoteis.
In 2012, a String Similarity Review panel concluded that .hotels and .hoteis look too similar to coexist, due to the likelihood of confusion between I and l in sans-serif fonts.
Neither applicant agreed with that decision, knowing that it would result in a expensive auction, and Booking.com filed a Request for Reconsideration and then, in March 2013, an Independent Review Process complaint.
After two years, it lost the IRP. But the panel said it had “legitimate concerns” about the fairness of the SSR process and ordered ICANN to pay half of its costs.
Now, Booking.com has had to fork out another $2.2 million for the string.
That’s not particularly expensive as ICANN-auctioned gTLDs go. Eight of the 13 other strings ICANN has auctioned have sold for more.
ICANN’s auction proceeds to date now stands at $63,489,127, which is being held in a separate bank account for purposes yet to be determined.

.feedback regs Fox trademark to itself during sunrise

Top Level Spectrum, the new .feedback registry, has painted a second gigantic target on itself by registering to itself a .feedback domain matching one of the world’s largest media brands.
The company has registered fox.feedback and put up a web site soliciting comment on Fox Broadcasting Company.
This has happened whilst .feedback is still in its sunrise period.
The intellectual property community is, I gather, not particularly happy about the move.
The domain fox.feedback points to a web site that uses TLS’ standard feedback platform, enabling visitors to rate and comment on Fox.
The site has a footnote: “Disclaimer: This site is provided to facilitate free speech regarding fox. No direct endorsement or association should be conferred.”
Fox had no involvement with the registration, which Whois records show is registered to Top Level Spectrum itself.
Registry CEO Jay Westerdal said that the domain is one of the 100 “promotional” domains that new gTLD registries are allowed to set aside for their own use under the terms of their ICANN contracts.
Registries usually register names like “buy.example” or “go.example”, along with the names of early adopter anchor tenant registrants, using this mechanism.
I’m not aware of any case where a registry has consciously registered a famous brand, without permission, as part of its promotional allotment.
“The website is hosted automatically by the Feedback platform,” Westerdal said. “Fox Television Network has raised no concerns and has not applied for the domain during sunrise. We are testing out promotion of the TLD with the domain as per our ICANN contract.”
Fox may still be able to buy the domain during sunrise, he said.
“This is a Registry Operation name. During sunrise, If we receive an application from a sunrise-eligible rights holders during sunrise for a Registry Operations name we may release the name for registration,” he said.
Fox’s usual registrar is MarkMonitor. Matt Serlin, VP there, said in an email that the TLS move could be raised with ICANN Compliance:

I find it curious that this branded domain name would have been registered to the registry prior to the sunrise period which is restricted to the 100 registry promotional names. The fact that the domain is actually resolving to a live site soliciting feedback for The Fox Broadcasting Company is even more troubling. MarkMonitor may look to raise this to ICANN Compliance once the registry is able to confirm how this domain was registered seemingly outside of the required process.

The IP community originally fought the introduction of the 100-domain pre-sunrise exception, saying unscrupulous registries would use it to stop trademark owners registering their brands.
While there have been some grumblings about registries reserving dictionary terms that match trademarks, this may be the first case of a registry unambiguously targeting a brand.
Top Level Spectrum courted controversy with the trademark community last week when it told DI that it plans to sell 5,000-brand match domains to a third party company after .feedback goes into general availability in January.
Westerdal told us this is not “cybersquatting”, as the sites contain disclaimers and are there to facilitate free speech.
What do you think about this use of brands as “promotional” domains?
It’s indisputably pushing the envelope of what is acceptable, but is it fair? Should registries be allowed to do this?

Web.com just gave itself another reason to bid high for .web gTLD

Registrar group Web.com is changing its stock market ticker symbol to WEB tomorrow, in another sign that it really, really wants to be identified with the string.
The switch from WWWW may indicate that the NASDAQ-listed company’s six rivals for the new gTLD .web have a fight — and a possible big payday — on their hands when .web finally goes to auction.
Web.com is competing with Nu Dot Co, Radix, Google, Donuts, Afilias and Schlund for the gTLD.
The company has already fiercely defended its “right” to .web, filing successful String Confusion Objections against .webs applicant Vistaprint.
Vistaprint subsequently filed an ICANN Independent Review Process complaint to appeal its SCO loss.
Last month, the IRP was won by ICANN, but the panel left the door open for ICANN to reconsider its decision.
The .web auction is not likely to go ahead until the Vistaprint issue is resolved.
If ICANN decides the two strings can be delegated separately, what I think is the last barrier to the .web auction going ahead disappears.
If not, then Vistaprint finds itself as the seventh contender in the auction, which may give it the impetus to carry on challenging the ruling.
ICANN’s board plans to discuss the issue at its next meeting, December 10.
Which way it leans will give an indication of how long it will be before .web goes to auction.

XYZ says it won’t block censored Chinese domains

New gTLD registry XYZ.com has said it will not preemptively censor domain names based on the wishes of the Chinese government.
Over the last couple of days, CEO Daniel Negari has sought to “clarify” its plans to block and suspend domain names based on Chinese government requests.
It follows XYZ’s Registry Services Evaluation Request for a gateway service in the country, first reported by DI and subsequently picked up by the Electronic Frontier Foundation, a Wall Street Journal columnist, Fortune magazine and others.
The clarifications offered up by XYZ probably did more to confuse matters.
A blog post on Wednesday said that XYZ will not reserve any .xyz domain names from being registered, except those ICANN makes all new gTLD registries reserve.
Subsequent comments from Negari stated that XYZ will, as the RSEP stated, prevent names that have been banned in China from being registered.
However, there’s one significant difference.
Now, the registry is saying that it will only put those bans in place for domain names that have been specifically banned by the Chinese government when the name had already been registered by a Chinese registrant.
So, if I understand correctly, it would not preemptively ban anyone anywhere from registering [banned term].xyz.
However, if [banned term].xyz was registered to a Chinese resident and the Chinese government told the registry to suspend it, it would be suspended and nobody would be able to re-register it anywhere in the world.
Negari said in a blog comment yesterday:

if we receive a Chinese legal order tomorrow (before the gateway has launched) which requires disabling a domain name registered in China and properly under Chinese jurisdiction, then it will be disabled at the registry level, and not by the gateway. When the gateway launches the name will continue to be unavailable, and the gateway will not implement the action on a localized basis only in China. The normal registry system would continue to be the only system used to resolve the name globally. Again — the specific stability concern ICANN had was that we would use the Chinese gateway to make .xyz names resolve differently, depending on what country you are in. I completely agree that our [RSEP] re-draft to address that concern came out in a way that can be read in a way that we sincerely did not intend.

So there is a list of preemptively banned .xyz, .college, .rent, .security and .protection domains, compiled by XYZ from individual Chinese government requests targeting names registered to Chinese registrants.
Negari said in an email to DI yesterday:

To clarify the statement “XYZ will reserve domains,” we meant that XYZ will takedown domains in order to comply with “applicable law.” Unfortunately, the inaccuracies in your post caused people to believe that we were allowing the Chinese government to control what names could be registered or how they could be used by people outside of China. The idea that XYZ is going to impose Chinese law and prevent people outside of China from registering certain domain names is simply incorrect and not true. To be 100% clear, there is no “banned list.”

That was the first time anyone connected with XYZ had complained about the October 12 post, other than since-deleted tweets that corrected the size of the list from 40,000 domains to 12,000.
The RSEP (pdf) that causes all this kerfuffle has not been amended. It still says:

XYZ will reserve names prohibited for registration by the Chinese government at the registry level internationally, so the Gateway itself will not need to be used to block the registration of of any names. Therefore, a registrant in China will be able to register the same domain names as anyone else in the world.

This fairly unambiguous statement is what XYZ says was “misinterpreted” by DI (and everyone else who read it).
However, it’s not just a couple of sentences taken out of context. The context also suggests preemptive banning of domains.
The very next sentence states:

When the Gateway is initially implemented we will not run into a problem whereby a Chinese registrant has already registered a name prohibited for registration by the Chinese government because Chinese registrars are already enforcing a prohibition on the registration of names that are in violation of Chinese law.

This states that Chinese residents are already being preemptively banned, by Chinese registrars, from registering domains deemed illegal in China.
The next few paragraphs of the RSEP deal with post-registration scenarios of domains being banned, clearly delineated from the paragraph dealing with pre-registration scenarios.
In his blog post, Negari said the RSEP “addressed the proactive abuse mitigation we will take to shut down phishing, pharming, malware, and other abuse in China”.
I can’t believe this is true. The consequence would be that if China sent XYZ a take-down notice about a malware or phishing site registered to a non-Chinese registrant, XYZ would simply ignore it.
Regardless, the takeaway today is that XYZ is now saying that it will not ban a domain before it has been registered, unless that domain has previously been registered by a Chinese resident and subsequently specifically banned by the Chinese government.
The registry says this is no different to how it would treat take-down notices issued by, for example, a US court. It’s part of its contractual obligation to abide by “applicable law”, it says.
Whether this is a policy U-turn or a case of an erroneous RSEP being submitted… frankly I don’t want to get into that debate.
Disclosure: during the course of researching this story, I registered .xyz domains matching (as far as this monoglot can tell) the Chinese words for “democracy”, “human rights”, “porn” and possibly “Tiananmen Square”. I have no idea if they have value and have no plans to develop them into web sites.