ICANN

Priorities?


I just finished a conversation with a contact who is still at the ICANN meeting in Brussels.  He attended the ICANN Public Forum and let me know that in his opinion it looks like the .XXX gTLD, an extension dedicated to hosting adult content, should be approved soon.  Overall, he said, there was very little objection from the forum attendees.  In fact, the discussion lasted only about 20 minutes.  I can’t say I expected much more – many people who attend ICANN meetings and participate in the ICANN process are, generally speaking, either interested in selling more and more domain names (like registrars), or are totally oblivious to the ICANN community’s bias toward selling more names.

On the other hand, I heard the discussion over whether or not ICANN’s Chairman of the Board should earn a $75,000 salary lasted a full 45 minutes.

Pakistan and EU Parliament – More Updates from ICANN Brussels


George Kirikos wasn’t the only one who raised really interesting and challenging points at the ICANN meeting.  There are two more people who made comments and asked questions that I think are important and that I’d like to talk about here.

The first is Zahid Jamil, who hails form Karachi, Pakistan.  The port city in the past has reclaimed land from the sea, and the idea of a mass reclamation project was proposed not long ago.  While the initiative had many potential benefits (increasing the amount of land would lower housing prices for citizens and generate revenue for the government), it was widely agreed that the economic impact of such a project needed to be assessed.  Eventually, the geological and environmental analysts determined that there was not enough information and hard data to thoroughly measure the environmental impact of the project.

Zahid compared this process to ICANN’s new gTLD rollout, pointing out how ICANN is pressing forward “without enough hard statistics, feasibility studies, and analysis, etc.”  He went on to say, “Here I would caution against a wholesale launch of new gTLDs in the context, similarly, of the root scaling study and economic studies, and the cautions that have come out in the recommendations, such as recommendations for surveys, etc., and the fragility and the risks to the Internet we heard all about at Nairobi.”

Another great contribution came from Bertrand de la Chapelle, the Representative from France to ICANN’s Government Advisory Committee (GAC).  Betrand made a spot-on analogy that compared the Draft Applicant Guidebook (DAG) to the process of drafting a parliamentary law.  When drafting a new law, a huge amount of preparatory work is involved that results in, as Bertrand quaintly put it, a pile of documents “as high as the Eiffel Tower.”  The resulting law, however, must be understandable and concise.  In this case, the DAG is equal to the preparatory work – long, dense and unrefined.  Bertrand went on to suggest that the DAG, along with all the comments and work that have gone into it, should be reworked into a much shorter and more user-friendly document of around 20 pages or so.

Both Zahid and Bertrand’s comments get at a common sentiment that I’ve been hearing, both at the meeting and in other conversations: that ICANN is nowhere near ready to launch new gTLDs.  In fact, it has only really begun to do its homework on the matter.  For example, aside from releasing multiple versions of the DAG, ICANN only just released an analysis of the economic impact of new gTLDs last week.  That kind of study should have been conducted years ago, when new gTLDs were first being discussed.

Unfortunately (and unsurprisingly), ICANN doesn’t seem to want to hear from anyone warning them to slow down.  In response to Zahid’s comments, Kurt Pritz, the moderator of the New gTLD Update session, basically said that ICANN was moving forward with new gTLDs because that has been the direction of ICANN’s policy – without any greater justification.
 

DAGger?


While in Brussels, I had the chance to participate first-hand in one of ICANN’s international meetings. One of the sessions I attended yesterday was the “New gTLD Program Update.” George Kirikos, who many in the ICANN community know and appreciate for his knowledge and commitment to improving ICANN, submitted a question via remote participation about an important paper Tim Berners-Lee wrote back in 2004 about the detrimental costs of new gTLDs (at the time, .MOBI and .XXX were among the group of proposed extensions). Berners-Lee is an engineer and computer scientist who is credited with inventing the World Wide Web (the system that links hyertext documents over the Internet, not the whole Internet itself – Al Gore would be very offended if I didn’t make that distinction). The paper is very insightful, and especially applicable today, as ICANN is on the verge of opening up the domain name system (DNS) to an unlimited amount of new gTLDs. The paper is not very long and completely worth reading, but one of the most salient points I took out of it is the following:

“Our first instincts, then should be not to change the system with anything but incremental and carefully thought-out changes. The addition of new top-levels domains is a very disturbing influence. It carries great cost. It should only be undertaken when there is a very clear benefit to the new domain. In the case of the proposed .mobi domain, the change is actually detrimental.”

A big thanks goes out to George for showing me this paper, and also for pointing out how ICANN has ignored its existence. To my knowledge, George has not heard from anyone at ICANN after he sent a message about the Berners-Lee paper and linked it to the current environment. They also dodged his question during the session, so I wanted to shed light on this subject:

According to Kirikos, the DNS is a tree structure with a single root, and it was widely agreed that such a structure was an improvement over the previous “flat space” of host names. Infinite new gTLDs would be a movement backwards into that flat space. ICANN is basically on its way toward institutionalizing this backward movement, and in turn, cause widespread instability and harm.

In my view, ICANN’s proposal for how to roll out new gTLDs will create needless chaos and instability in the DNS. New gTLDs could potentially be interesting to brands and to the greater Internet community, but ICANN is not creating an attractive environment for businesses to invest in. Rather, brand owners will spend money in order to protect themselves from infringement, but that spending does not equate to an “investment” in new gTLDs. It is likely that many brand owners will view new gTLDs as a financial burden, instead of an economic opportunity.

Degrees of Separation


Proxy services are a serious problem. They embolden cybersquatters and cybercriminals by providing them with safe harbor in the form of invisibility and/or anonymity and make it difficult for trademark owners to gain access to infringers.

A proxy service is a registered domain name holder (“registrant”) that licenses the use of a domain name to a third party (“licensee”). RAA Subsection 3.7.7.3 clarifies that the proxy service remains the registrant of the record and is legally liable if the licensee uses the domain name in an inappropriate or abusive manner. In fact, if a company can provide “reasonable evidence of actionable harm”, the proxy service will be held fully responsible unless it identifies the licensee in a “prompt” manner.

Although ICANN delivers a significant message in terms of a proxy service’s accountability, it leaves both “reasonable evidence of actionable harm” and “prompt identification” open to the interpretation of a court or arbitrator, and should serve as a reminder of the real threat that proxy services continue to pose to trademark owners.

To the Naysayers


CADNA recently released a report that predicts how much new generic TLDs will cost brand owners once they are released.  A lot of the attention paid to the subject of new TLDs has been focused on .BRAND TLDs and whether or not companies should register their own branded TLD.  In my experience dealing with various businesses, there seems to be the impression that once a company decides it will not register its own .BRAND, it will be in the clear and new TLDs will not be much of an issue.  The truth is, generic TLDs like .MUSIC, .ECO and .NYC will actually be a greater concern for businesses in terms of defending their brands against infringement and cybersquatting.
 
After ICANN released its predictions regarding how many generic TLD applications it will receive in the initial round, CADNA went to work calculating how much brand owners on average will need to spend to defensively register their brands and trademarks across these new generic TLDs.  It found that the initial launch will cost brand owners about $500,000 each, and that the cost to businesses worldwide could exceed $746 million.  The full explanation of these figures and calculations can be viewed on the CADNA Web site.
 
CADNA, which many know is a nonprofit that FairWinds helped to found, undertook the task of figuring out the cost of new generic TLDs in order to give brand owners an accurate picture of what impact the TLD launch will have on their brands and their bottom lines.  CADNA put forward this research to help illustrate how absurd it is to allow such a radical shift in Web site naming to be a complete free-for-all.  New TLDs are probably a good idea – some day.  But, it is never a good idea to build on a shaky foundation.  ICANN is broken and anticybersquatting laws are outdated.  If it underwent necessary reforms to improve its policy development process and Internet governance function in order to make public interest a higher priority, then a rollout of new TLDs would look very different.  There wouldn’t be a massive flood of extensions that would create an impossible challenge for trademark holders and law enforcement to protect consumers from the misuse of brand names.
 
Unfortunately, since releasing its calculations, CADNA has experienced some negative backlash.  Interestingly the negative reactions came specifically from new TLD entrepreneurs blogging about the topic.  All those who called CADNA’s projections bogus and charged the organization with fear mongering are the same people who have a vested financial interest in the success of new TLDs.  Not one of those critics contacted CADNA to ask for comments or for a further explanation of the calculations and methodology.  Instead, they simply wrote off the figures because the results were inconvenient for them and their business.  What it boils down to is this: these critics are calling CADNA biased when they are clearly as far from neutral as they can be.

This Tastes Familiar


News about VeriSign’s new registry service, called "Domain Name Exchange," has been creating a stir in the Internet community. VeriSign, which is the operator of the .COM, .NET, and .NAME TLDs, has proposed a new service for domains in .NET that would essentially allow a registrant to return a domain name after an introductory period (1-3 months, as the Registry Request Service that VeriSign submitted to ICANN suggested). The registrar could allow another registrant to register the domain name. 

The announcement can be found here.

Giving registrants the option of exchanging a domain after 1-3 months could create a major opportunity for domain name tasting. According to reports, registrars will still require a registrant to financially commit up-front to a yearlong registration; however, such a registration fee may not create enough of a deterrent to keep tasters from exploiting this new license to return. 

‘Net Worth


Last week marked the 25th anniversary of the registration of the first .COM domain name. Since then, approximately 80 million .COM domains have been registered according to a report by the Information Technology and Innovation Foundation (ITIF). Despite an increase in the number of gTLDs available, .COM has dominated and continues to dominate the domain name space, outranking all other global extensions in total registrations.
 
VeriSign, the registry that runs .COM, held an event to mark the occasion. Both former president Bill Clinton and current ICANN CEO Rod Beckstrom attended and were featured speakers. During a panel about the history of the Internet, Beckstrom actually agreed that another gTLD, .NET, is “worthless,” echoing the sentiments of comedian Mo Rocca, who also participated in the panel.
 
What Beckstrom confirmed about .NET is a commonly held opinion among domain name experts: while not entirely “worthless,” most other gTLDs, not only .NET, are considerably less valuable than .COM. This has everything to do with Internet user behavior and the general brand equity assigned to .COM. Users have been conditioned to append .COM onto everything from company or brand names to place names to generic terms while surfing the Internet. They expect that this will be a fast, direct way to access the content they are seeking.
 
There are exceptions such as .ORG, which users are generally inclined type in directly when they expect that the content owner is a “.ORG” organization. Country code domains also receive type-in traffic when the user is seeking local country content. However traffic is overwhelmingly headed for .COM sites – 90.2% of Internet traffic is .COM-oriented according to recent research that FairWinds performed for a client.
 
So what does the assertion that .NET, an extension with over 12 million registrations, is “worthless” mean in the face of ICANN’s plans to launch an unlimited number of new gTLDs? Well for one thing, it should make people question ICANN’s motives. If the head of the organization is agreeing that the second most popular gTLD is “worthless,” then why are ICANN and the businesses that dominate the ICANN community trying so hard to introduce more potentially “worthless” extensions? At this point, ICANN has no proof that Internet users are even interested in utilizing other gTLDs – in fact, if recently released gTLDs like .INFO, .TEL, and .TRAVEL are any indication, Internet users are not interested at all. The motivating factor behind the push for new TLDs is likely pure economics—the push is to see just how many TLDs ICANN can sell and how many domain registrations these companies that control generic or place-name TLDs can sell to businesses and other organizations, domain speculators, and the general public.
 
If user behavior is a clear indication of user demand, then 90.2% of those online already vote for .COM. As a result, any organization that plans to apply for a new branded gTLD is going to have to put forth a good deal of marketing effort to train their current and future audience to pretty dramatically switch their surfing habits. It won’t be easy, and it won’t be cheap. The next question then is, will new gTLDs really be worth it?

More Than Just Words – ICANN Comment Periods, Paper Tigers, and How to Achieve Results


Since we cofounded the Coalition Against Domain Name Abuse (CADNA) in 2007, the non-profit has been dedicated to both building awareness and taking active steps to prevent cybersquatting and other online infringements. One of the main avenues for achieving these goals has been to engage with the Internet Corporation for Assigned Names and Numbers (ICANN), the international regulatory body that coordinates the Domain Name System at the top level. Initially, CADNA focused its efforts on trying to affect change in ICANN within the framework it had established, namely by submitting comments on as many issues as we could to try to get our message, the message of brand owners and consumers, heard.

Eventually it became clear that relying on comments was simply not enough. ICANN is a captured regulator primarily beholden to the interests of a relatively small group that doesn’t represent the overall Internet community. As such, trying to seriously alter the policy development process of ICANN through written comments that were ultimately ignored was not a practical way to make real progress. This is not to say that CADNA has ceased participating in ICANN’s public comment periods. On the contrary, CADNA has continued to submit comments to make its members’ opinions known, and also to prove that it is still willing to engage with ICANN. And there is some evidence that the efforts of CADNA and other comment submitters have made an impact: in some recent redlined drafts of initiatives under the new gTLD rollout, there have been references to changes made as a result of public comments. However, ICANN has a history of heeding the recommendations of only select groups when crafting these types of public-comment-driven changes in the past.
 
What happened with the Expression of Interest (EOI) program is a prime example of this. The idea behind the EOI process was to create a data-gathering model that would gauge if there was a demand among new and existing registry operators for new gTLDs. Though the EOI process was created to respond to Internet users questioning the need for new gTLDs, ICANN first put forth a flawed EOI model and then did not follow through to create a model that satisfied its constituents. Earlier this week, ICANN announced that in order to more quickly launch new gTLDs, it had cancelled the EOI program. Peter Dengate Thrush, ICANN's Board Chairman, said "we are now so close to launching the new gTLD process that we simply thought it better to move ahead as quickly as possible without adding the EOI element."
 
By doing this, ICANN has willfully decided to ignore its users' concerns in order to quickly rollout a program that will bring in millions of dollars for this "nonprofit".
 
It is not my intention to imply that stakeholders should stop participating in ICANN’s public comment periods or to insinuate that CADNA plans to do so; however, I do wish to point out the general ineffectiveness of public comments to encourage bigger action. In order to really make positive steps forward in improving ICANN and its policy development, CADNA has refocused its efforts on working with members of Congress on these issues and working more diligently toward developing legislation to help resolve the problems. Long term solutions to the Internet’s systemic problems that are within ICANN’s control are unlikely to emerge from within the ICANN community, but rather from the governments and its agencies who are ultimately responsible for defending the public interest.
 
I see other groups submitting comments, participating in ICANN and then simply waiting to see results. Now more than ever, as ICANN is developing plans to drastically alter the DNS and the shape of the Internet as a whole, it is crucial to move away from the paper – to move beyond simply providing comments – and take up bigger, more effective action. The incentives to achieve certain outcomes in the ICANN policy development process are too great for us to assume the outcomes are not predictable - paper tigers will not stop a chaotic introduction of new TLDs and they will not clean up WHOIS or stop all of the registrar abuse. Regulatory action needs to be both domestic and international and the time to act is now.

An Unlikely Ambassador


This article recently caught my eye: ICANN Head Visiting China After 'dot-China' Request. It is a report of ICANN CEO Rod Beckstrom’s visit to China, which comes on the heels of the country's application to ICANN for the use of domain names that end in "dot-China," with “China” appearing in Chinese script. IDG News Service reports that this application highlights questions about China’s Web censorship.

Why does Beckstrom get to represent U.S. and other nations' interests on a matter that has such economic and national security implications? Unfortunately, Congress gave ICANN the legal mandate to act in this matter, even if Congress didn't realize the extent of that grant at the time. And it seems like a dangerous amount of power for the head of an organization that has vested business interest in selling as many domain names as possible. Public interests are not being represented- just the interests of those with a financial stake in selling domains are being represented.  

What Does “Demand” Mean to You?


At the ICANN meeting in Seoul, the ICANN board decided to push back the roll out of new gTLDs to at least after the second quarter of this year.  A few weeks later, ICANN opened up a public comment period soliciting feedback on the possibility of creating a type of pre-application program where parties could express their interest in applying for new gTLDs.  In December the Corporation released a draft model for the “Expression of Interest” (EOI), the proposed gTLD pre-registration period, and accepted comments on the draft through the end of January.  As proposed, the EOI requires interested parties to indicate their intentions to apply for new gTLDs and pay a fee of $55,000. Additionally, only those parties who participate in the EOI will be eligible to officially apply for new gTLDs in the first round.
 
According to ICANN, the motivating factor behind developing the EOI program is to measure demand for new gTLDs.  But there’s one big problem – because participation in the EOI is required in order to apply in the first round of gTLDs, the demand measured by the EOI will be artificially inflated by those parties who are unsure of whether or not they really want a new gTLD but don’t want to be locked out of the first round just in case.  (There is a whole host of other problems with the EOI as well, including the fact that it would be introduced before the gTLD Applicant Guidebook is even close to being finished.)
 
Another problem is the “demand” ICANN and others refer to is confusing.  Any EOI results would not signal Internet user demand, but demand among groups that are seeking to possess top level domains either for private use (a company’s .BRAND) or to sell domain names to the public (a gTLD entrepreneur of any kind that wants to sell sunrise and live registrations to businesses and the general public). If an intended purpose of introducing new gTLDs is to offer the public more choices, isn’t the public’s demand for those choices the real “demand” that ICANN should be measuring?
 
I was reminded of this issue when I received a periodic newsletter from one of the corporate-facing domain registrars.  The newsletter mentioned the EOI as a means of measuring “demand for new gTLDs.”  First off, as I just said, it clearly is not an effectual means of measuring meaningful demand. But as I read it, I started thinking about how much it behooves domain registration companies, as well as ICANN, to say that the EOI is measuring demand.  If the so-called “demand” is high enough (and who will determine if it’s high enough?  That’s right, ICANN), then ICANN will be justified in pushing forward with the rollout of new gTLDs without determining if Internet users really want them.