New TLDs make it into election manifesto

Welsh nationalist Plaid Cymru has become possibly the first political party to make getting a new top-level domain an election manifesto promise.
Plaid’s manifesto for the Welsh Assembly elections, published today (pdf), says: “We will continue to support the creation of a Welsh cultural and linguistic internet domain dotCymru.”
One of the party’s core goals is further independence from the UK, so it makes perfect sense for it to throw its weight behind the dotCYM initiative.
Wales is, of course, currently represented under the umbrella of .uk, along with England, Scotland and Northern Ireland.
dotCYM had planned to apply for .cym, but had to change it due to ICANN’s rules that forbid TLDs that match three-letter strings on the ISO 3166 list, on which CYM is reserved for the Cayman Islands.
The word “Cymru” is Welsh for “Wales”, pronounced “cumri”.
(via @antonyvc)

ICANN sponsors line up for Singapore

ICANN’s web page for its Singapore meeting has gone live, and the organization looks to have already attracted almost $200,000 in sponsorship fees.
The meeting, which officially begins June 19 at the Raffles City Convention Center, is widely expected to be the meeting when ICANN finally signs off on its Applicant Guidebook for new top-level domains.
As such, I expect it’s going to see a fair bit of sponsor interest.
Prices have been reduced somewhat since the San Francisco meet last month, due to some complaints from domain name companies, but there are still some big-ticket opportunities, including a $250,000 Diamond deal and two $150,000 Platinum Elite deals.
So far, five sponsors have already signed up, the biggest spenders being Neustar and the Public Interest Registry, which have both opted for $75,000 Platinum-tier arrangements.
Don’t expect any lengthy security briefings this time around – Singapore is one of the safest cities in the world, due in part to its harsh judicial system. You’re more likely to get beaten up under court order than by a mugger.
The weather: hot and wet.
The host of the meeting, which is ICANN’s 41st, is the Infocomm Development Authority of Singapore.

Canon’s sexy reason for .canon?

Canon made headlines and gave a small amount of momentum to the idea of “.brand” top-level domains when it announced, a year ago, that it would apply to ICANN to manage .canon.
There are plenty of good reasons why the company would want the TLD.
Beyond the more obvious search-oriented branding opportunities, some say Canon could try to boost customer loyalty and create new revenue streams by offering camera buyers services such as photo hosting at personalized .canon domains.
But here’s another reason that doesn’t seem to have received many column inches: as I recently discovered from a few continental friends, “canon” also means “sexy” in French slang.
I expect this coincidence was the very least of Canon’s concerns when its executives met to discuss their .brand TLD strategy, but it does highlight a major issue that some companies will have to deal with when the ICANN new gTLD program gets underway.
They may think their brand is unique, but unless they’ve done their homework they may find themselves competing with, or blocked by, equally legitimate applicants from other nations.
Companies planning to participate in the program – even only as a challenger – will need to have done a fairly daunting audit of their key brands if they want to avoid nasty surprises.
Ensuring a brand is a unique, registered trademark in one’s home territory is only the beginning.
Companies need to also ask themselves what, if anything, their mark means in other languages, what it looks like in non-Latin scripts such as Arabic and Chinese, and whether it has similarity of “appearance, phonetic sound, or meaning” to any other potential new TLD string.
We already have at least one double entendre in the DNS – the ccTLD for the tiny Pacific island of Niue, .nu, means “.naked” in French, as the registry discovered to its benefit many years ago.
If Canon had not decided to apply for .canon, could a French-speaking pornographer have applied for the TLD instead, on the quite reasonable basis that it is also a “generic” string?
ICANN’s trademark protection policies would make such a delegation highly unlikely, but Canon would have found itself forced into a defensive fight to protect its mark.
Of more immediate concern to the company is of course the question of who gets to register canon.xxx.
It seems likely that ICM Registry’s sunrise policy is strong enough to ensure that this particular .xxx domain is never used for pornography, but only if a) no existing pornographer has a trademark on the string and b) Canon remembers to defensively register.
In the unlikely event that Canon forgets to defend its mark, a pornographer who registered canon.xxx for a legitimate French porn site could well find himself with a UDRP-winning domain.
And don’t get me started on Virgin…

Afilias signs .bayern deal

PunktBayern has contracted with Afilias to provide its registry back-end and DNS resolution for the .bayern top-level domain, should its application succeed.
The applicant, also known as dotBayern, is one of at least two bidders for the TLD, which is the German word for Bavaria. The other, Bayern Connect, is working with Minds + Machines.
PunktBayern is led by managing director Lothar Kunz and is affiliated with United Domains and Dirk Krischenowski of the .berlin initiative.
As with all geographic TLDs, under ICANN rules the winning bidder will be required to show a letter of support or non-objection from the relevant government.

New TLDs have a timetable again

ICANN has approved a timeline for the introduction of new top-level domains again. Barring surprises, it looks like this could be the final one.
These are the key dates in the timetable passed by the ICANN board of directors at its meeting here in San Francisco on Friday:
March 25 – Governmental Advisory Committee feedback on the San Francisco consultation due to be provided to ICANN for consideration.
April 15 – ICANN will publish the relevant edited extracts of the final Applicant Guidebook for 30 days of public comment.
May 20 – ICANN’s final consultation with the GAC. This will be held via teleconference and it’s not clear yet if observers will be allowed on the call.
May 30 – ICANN publishes the final Applicant Guidebook.
June 20 – The ICANN board of directors will meet on the first day of the Singapore public meeting to (presumably) approve the Guidebook.
June 22 – Large quantities of free alcohol consumed at the Singapore meeting’s Gala event.
This timetable seems to give plenty of time for the Guidebook’s remaining kinks to be worked out, and there seems to be considerable resolve in ICANN’s leadership to get this thing put to bed by Singapore, which will be Peter Dengate Thrush’s last as ICANN chair.

There are still a couple of questions remaining, however. It’s not yet clear when the first-round application window will open and therefore when the first new TLDs will be available.
ICANN has always said that the 60 to 90-day window would open after ICANN has concluded four months of marketing and global outreach – it wants to be certain that nobody can complain that they lost their brand because didn’t know the new gTLD program existed.
It’s been stated that the plan was to kick the outreach program off shortly after the Guidebook is approved, but there was some speculation in the halls at the San Francisco meeting last week suggesting that it could actually coincide with its publication.
If that happens, that would knock just a few weeks off the wait before applications open, so it’s nothing to get particularly excited about.
It seems we’re looking at the application window opening in early November at the latest, which suggests to me ICANN may opt for a 90-day window, in order to avoid having the deadline for applying falling during or just after the holiday period.
With the least-controversial applications expected to take at least eight months to process, we’re looking at October 2012 before the first new TLDs are delegated to the root.
With sunrise periods, landrush periods, marketing and so on, I doubt any new TLDs will be generally available before the first quarter of 2013. Single-user “.brands” could go into use sooner.
And of course, if somebody takes ICANN to court and successfully enjoins it, this may all wind up looking woefully optimistic.

ICM sees 30,000 .xxx reservations in a day

ICM Registry is rapidly approaching the 250,000 mark for “pre-reserved” .xxx domain names, after racking up an extra 30,000 expressions of interest in less than 24 hours.
The counter on the ICM web site currently shows 243,972 domains have been reserved, compared to 211,942 at this time yesterday.
The counter ticked up by 2,000 domains in the 20 minutes it took me to write this post.
(UPDATE: The number of pre-reservations just passed 250,000, 24 hours after .xxx was approved.)
ICANN approved the .xxx top-level domain shortly after noon Pacific time yesterday, generating blogosphere buzz, a ton of Twitter traffic, and dozens of media stories worldwide.
An extra 30,000 domains is the same ball park as .CO Internet received following its commercial on Super Bowl Sunday last month.
But these free .xxx reservations will not necessarily translate into paid-for registrations, of course. Many people will be scared away from the fee, which I estimate is likely to be $70 to $100 a year.
But even if just one fifth convert, we’re talking about $2.5 million annually into ICM’s pocket, and another $500,000 to fund IFFOR, its sponsoring body. ICM expects to have at least 300,000 registrations in this first year.

How ICANN overruled governments on .xxx

In approving the .xxx top-level domain, ICANN has for the first time explicitly overruled the wishes of international governments, as represented by its Governmental Advisory Committee.
In its rationale (pdf) for the decision, ICANN explains why it chose to disregard the GAC’s views.
There are two pieces of GAC advice that have been quite important. One was delivered in Wellington in 2007, the other was delivered yesterday
The Wellington GAC Communique noted that “several members of the GAC are emphatically opposed from a public policy perspective to the introduction of a .xxx sTLD.”
That was repeated during a terse, 10-minute “bylaws consultation” on .xxx yesterday, during which the the GAC also said “there is no active support of the GAC for the introduction of a .xxx TLD”.
ICANN chose to reject (kinda) both of those pieces of advice, on the basis of a quite literal interpretation — that GAC support was unnecessary and the advice was not specific enough:

There is no contradiction with GAC advice on this item. Active support of the GAC is not a required criteria in the 2004 sTLD round. Further, this is not advice from the GAC either to delegate .XXX or to not delegate .XXX, and therefore the decision to delegate .XXX is not inconsistent with this advice.

Unfortunately, this gives pretty much no clue to how the board will treat minority GAC positions in future, such as when some governments object to new gTLDs.
But companies planning to apply for potentially controversial TLDs can take heart from other parts of the rationale.
For example, the board did not buy the notion that .xxx should be rejected because some countries are likely to block it.
Saudi Arabia has already said it intends to filter out .xxx domains.
The GAC was worried that this kind of TLD blocking would lead to a fragmented root and competing national naming systems, but ICANN wasn’t so sure. The rationale reads:

The issue of governments (or any other entity) blocking or filtering access to a specific TLD is not unique to the issue of the .XXX sTLD. Such blocking and filtering exists today. While we agree that blocking of TLDs is generally undesirable, if some blocking of the .XXX sTLD does occur there’s no evidence the result will be different from the blocking that already occurs.

It’s been noted that some Muslim countries, for example, block access to Israel’s .il domain.
One director, George Sadowsky, dissented from the majority view, as is his wont. In a lengthy statement, he named stability as one reason he voted against .xxx.
He said “the future of the unified DNS could be at stake” and “could encourage moves to break the cohesiveness and uniqueness of the DNS”.
He drew a distinction between the filtering that goes on already and filtering that would come about as a direct result of an ICANN board action.
He was, however, in the minority, which makes proposed TLDs such a .gay seem likely to get less of a rough ride in future.

ICANN staff grilled over new TLDs

ICANN’s San Francisco meeting kicked off this morning with staff members responsible for the new top-level domains program answering – and trying to answer – stakeholder questions.
The short version: it’s still not clear what the end result of San Francisco will be when it comes to new TLDs.
The big deal this week is ICANN’s ongoing consultation with its Governmental Advisory Committee, which remains the biggest hurdle before ICANN can approve the program.
GNSO stakeholders wanted to know the current state of play with this consultation, and how close ICANN is to wrapping up policy development and launching the new TLD program.
A key question is whether the two days of talks the board has scheduled for this week count as the final GAC consultation called for in ICANN’s bylaws.
If they are, the board and the GAC could wrap up their negotiations before the board meets on Friday, and the program is one step closer to approval. ICANN wants this.
If they’re not, we could be looking at further GAC talks stretching on into the weeks or months between now and the Singapore meeting in June. The GAC seems to want this.
ICANN senior vice president Kurt Pritz said that the board and GAC met for one hour yesterday, but that they still have not agreed on the “bylaws” designation.
He said that the board “has a sense of urgency” about approving the program as soon as possible, and that the GAC is newly “energized”.
Staff were asked, by VeriSign’s Chuck Gomes and Minds + Machines’ Antony Van Couvering, whether such a consultation is needed at all.
After all, as has been discussed in articles on CircleID and .nxt recently, there’s no mention in the ICANN bylaws of a “consultation” per se.
Deputy general counsel Dan Halloran said that this is an area still open for discussion, but indicated that reaching common ground on the substantive issues is currently the priority.
There seems to be a feeling that the current talks represent not only a necessary step in approving new TLDs, but also a landmark piece of cooperation in the sphere of internet governance.
On the substantive issues, ICANN has currently marked each of the 80 points the GAC has made with the designation 1a, 1b or 2, depending on whether agreement has been reached, only reached in principle, or has not been reached at all.
The focus this week is going to be on the 23 “2s”. These are the issues, Pritz said, where ICANN has determined that to agree with the GAC would run contrary to the GNSO’s consensus positions.
Philip Corwin of the Internet Commerce Association, which represents domain investors, wanted to know whether “1a” topics are currently locked – the ICA is unhappy with a 1a concession ICANN has made regarding the Uniform Rapid Suspension policy.
The answer from staff was basically yes — a 1a is where ICANN’s board and staff think “we’re done”, Pritz said.
The plan for the rest of the week is to hold open discussions on the new TLD process on Monday and Wednesday, with corresponding bilateral GAC-board sessions on Tuesday and Thursday.
Stakeholder groups have been invited to make statements before and to inform these sessions.

ICANN to skip stakeholders for more GAC talks

ICANN stakeholder groups will miss out on their usual formal sit-down with the board of directors at the San Francisco meeting next week, due to talks between the board and governments.
ICANN has confirmed the touted second day of Governmental Advisory Committee consultations, centering on new top-level domains and .xxx, for next Tuesday.
Tuesdays at ICANN meetings are informally referred to as Constituency Day, where the various interest groups that make up the “bottom” of ICANN’s policy-making process meet up.
Usually, the board moves between these meetings, gathering feedback on policy issues from stakeholders such as registrars, registries, ISPs, IP owners and non-commercial users.
According to some attendees, that won’t happen in San Francisco.
ICANN staff will still attend the constituency sessions, but the GAC consultation will take up the board’s undivided attention.
It make perfect sense, of course. There are only so many hours in the day, only so many days in the week, and ICANN is eager to put work on the new TLD program to bed as soon as possible.
But that logic is unlikely to prevent grumblings from some stakeholders.

Neustar wants to be a registrar ASAP

Neustar, registry manager for the .biz and .us top-level domains, has put the wheels in motion to acquire an ICANN registrar accreditation as soon as possible.
It’s the first major gTLD operator to formally request permission to “vertically integrate” since ICANN announced last November that it was prepared to lift the ownership caps that have previously kept registries and registrars quite strictly separated.
Neustar’s .biz contract currently forbids it from owning more than 15% of an ICANN registrar.
In a letter to ICANN sent this afternoon, Neustar vice president of law and policy Jeff Neuman said the company wants this provision deleted:

We are asking for this language now to allow Neustar to compete fairly for new gTLDs on the same terms and conditions as registrars entering the new gTLD registry market.
…
It is critical to resolve this issue immediately to ensure that Neustar is able to compete on a level playing field with the new entrants into the marketplace and to promote the efficiencies and innovation for consumers as advocated by the ICANN Board.

ICANN shocked the industry last year when its board of directors decided to allow registries and registrars to own each other.
The decision meant that niche community and brand TLDs will be able to sell direct to registrants, without having to secure the support of reluctant big-name registrars.
It also meant that existing gTLD operators will be able to own registrars for the first time.
As a caveat, designed to protect consumers from gaming registries, ICANN proposed a Code of Conduct designed to limit the cross-pollination of data that could be abused.
Similarly, the Code calls for registries to treat all approved registrars equally, regardless of ownership stakes, to avoid competition concerns.
Neuman wrote that Neustar is prepared to have language along the lines of the current draft Code of Conduct, but “no more restrictive”, incorporated into the .biz registry contract.
Other incumbent gTLD registry operators, notably VeriSign and Afilias, are bound by similar contractual restrictions and will presumably also pursue their options along the same lines in future.