ICANN

.XXX Matures: General Availability Begins Today


This post has been updated to amend an error in phrasing from an earlier version. Previously, we wrote that 80,000 companies submitted applications to reserve their .XXX domains during the Sunrise Periods. Actually, an undisclosed number of companies and other organizations filed nearly 80,000 applications for domains.
 
Today marks the opening of the .XXX generic top-level domain (gTLD) to the general public. ICM Registry, the company under contract with ICANN to administer the .XXX domain, has preceded the opening with a 4.5 million dollar (cringe-inducing) advertising campaign aimed at drumming up sales and awareness of the new extension.

The beginning of General Availability marks the final step in .XXX's four-phase launch process. During Sunrise Periods A and B, registered trademark holders from inside and outside the adult entertainment industry had the opportunity to proactively register their marks as domains. The recently closed Landrush Period gave qualified members of the adult entertainment industry an opportunity to register domains. Starting today, anyone will be able to purchase a .XXX domain. Importantly, when registrants register their domains, they will have the option of having that domain not resolve to content. For businesses and individuals, this solves the delicate question of where to point a defensively registered .XXX domain.

For brands, today is an important day. Although nearly 80,000 applications for .XXX domains were filed from outside the porn industry during Sunrise Period B, applicants were only able to register an exact match of their trademark. Shortenings, iterations, nicknames and common misspellings and typos were not accepted. Today, brands, along with the general public, will finally be able to register these variations.

At this point it's hard to predict if .XXX will gain popularity among the general Internet community. Currently, ICM Registry faces an anti-trust suit from online pornography companies Manwin Licensing International and Digital Playground over its pricing and handling of the .XXX domain. Among other demands, the suit seeks to renegotiate the contract between ICM Registry and ICANN. Despite .XXX's uncertain future, brands who have not yet registered their mark or who are anxious to protect other variations of their trademark, would do well to take early advantage of General Availability.

Putting a Price Tag on Domains


During a recent interview with City A.M., former Chair of the ICANN Board of Directors Peter Dengate Thrush, who joined Top Level Domain Holdings in July after retiring from the ICANN Board, stated that the current domain name market is worth about $12 billion.
 
It is unclear exactly what Dengate Thrush was measuring in this estimation: whether he was referring to the value of the marketplace of companies that provide services to domain name registrants (registries, registrars, SEO service providers, advertisers, etc.), or to the marketable value of all domain names. At present, there are hundreds of millions of domain names across both generic (gTLDs) and country-code top level domains (ccTLDs).

What’s curious, however, is that Dengate Thrush made this assertion in the context of discussing new generic top-level domains (gTLDs). He believes that the domain name market will expand by around $3 to $4 billion with the introduction of new gTLDs. ICANN has predicted that the new gTLD program will launch hundreds of new domain extensions – compare that to the 22 existing gTLDs and approximately 240 existing ccTLDs. When these figures are taken into consideration, Dengate Thrush is basically predicting that the value of the marketplace will increase by only 25 to 30 percent, while the real estate in the gTLD marketplace will increase from anywhere from 2,000 to 5,000 percent, according to some estimates. In that context, his estimations could be interpreted as a lack of confidence in the future value of new gTLDs, or, more likely, a lack of empirical data supporting his assertions.

The point I’m trying to make here is that I wouldn’t put too much stock in these assertions. It will be years before we can know with any certainty what kind of impact the new gTLD program will have on the domain name marketplace. One thing is certain, though: that impact is likely to be dramatic.

Network Solutions Joins Register.com after Acquisition by Web.com


As reported by Forbes and other outlets, Web.com will be acquiring domain name registrar Network Solutions for $405 million in cash, plus 18 million shares of common stock, valued at around $155 million.

This acquisition should help Web.com, parent company of Register.com, compete with GoDaddy, which was acquired by a group of private equity firms led by KKR & Co. and Silver Lake Partners last year in a deal worth $2.25 billion. Network Solutions is majority-owned by General Atlantic, another private equity firm, and after the acquisition, General Atlantic and other Network Solutions shareholders will own 37 percent of Web.com.

Network Solutions will bring its two million retail customers, hundreds of thousands of wholesale customers and over six million domains to Web.com. Register.com and Network Solutions are two of the oldest and highest priced registrars in existence.

This development, along with Go Daddy's acquisition, could signal a trend of consolidation in the domain name industry in anticipation of the potential explosion of activity in the domain name space as a result of ICANN's June 20 approval of the New gTLD Program.

Debunking New gTLD Myths


As we talk with more businesses and brand owners, it is becoming very apparent that there is a significant amount of misinformation about new gTLDs being spread through the business community. Specifically, we have found that many brand owners are confused about what they can and cannot do in regards to new gTLDs. So we decided to set the record straight on some of the most common myths about new gTLDs that we’ve heard in a recent article for the CMO Council’s monthly newsletter, Marketing Magnified. Click through to read the full article, or check out the summary on FairWinds new blog, gTLD Strategy, which is dedicated to delivering accurate information and insights about the new gTLD program.

IGF-USA Observations


IGF-USA LogoYesterday I attended the Internet Governance Forum USA (IGF-USA), hosted at the Georgetown University Law Center here in Washington, DC. Specifically, I went to sit in on an afternoon workshop titled “Changing Landscape of the Domain Name System: New gTLDs and their Implications for Users: Opportunities and Risks.”

The IGF-USA is the U.S. branch of the broader IGF, a multi-stakeholder organization that was formed to support the United Nations Secretary-General in carrying out the mandate from the World Summit on the Information Society that it convene a forum for various parties to discuss policy. The IGF does not set policy, but provides discussion that can serve as fodder for policy makers, many of whom participate in IGF forums.

The IGF provides a summary of the Changing Landscape of the Domain Name System workshop, along with the list of panelists who led the discussion, here. In addition to those listed, Jamie Hedlund, ICANN’s Vice President, Government Affairs, also participated. As I mentioned before, the IGF cannot actually set policy, and in the case, the workshop dealt with a policy that is already in place. So at times, when audience members expressed trepidation or even disagreement with aspects of the new gTLD program, there was a sense that it was falling on deaf ears.

One audience member raised the question of whether the “rush” for new gTLDs could mirror the .COM bubble and its subsequent burst. Hedlund responded that whether new gTLDs survive is not the point, but that the point of the program is to increase competition. I then asked what will happen when a new, open-registry gTLD (like .MUSIC or .ECO) fails, as so many of the panelists had indicated will likely happen – some will inevitably fail. He answered by explaining that each new gTLD registry must demonstrate that it is financially stable enough to continue operations for three years in the event that it fails, during which time ICANN will find another party to take over the gTLD. However, the exchange ended there; Hedlund never broached the issue of what would happen when certain gTLD registries end up being a bad investment an no party wants to take them over. How long can gTLDs like .FOOD or .BOISE last if no one wants to run them?

I don’t doubt that the IGF has positively influenced policy since its establishment in 2006. However, in the case of new gTLDs, yesterday’s workshop seemed to only confirm what many have expected for some time: that ICANN followed its own agenda with the New gTLD Program, diverting only very briefly to listen to outside advice.

New gTLDs and Online Retailers


Forbes LogoThis week, I wrote an article for Forbes.com about what retail brands need to know about new gTLDs. All brands will have to adapt their digital strategies to the new gTLD space, but global retail brands will face particular challenges and opportunities.

For retail brands, perhaps more so than other industries, the branding implications of being “left behind” and seeming out of date if they do not adopt new gTLDs could be significant. If they stick to their .COM addresses, they could risk appearing “so 1999” as compared to their competitors who begin using branded gTLDs. Since ICANN will not publish the list of applications until after the application round closes, retail brands will have to take a gamble, and for many, the safe bet will be to assume that their competitors are, in fact, applying.

But on a brighter note, new gTLDs could offer interesting marketing opportunities for retail brands. Take back to school shopping as an example. Right now, most top-level domain equity lies in .COM, and there can only be one BackToSchool.com. In the new gTLD space, we could see addresses like BackToSchool.Target and BackToSchool.OldNavy, which could redirect to Target and Old Navy’s back to school sale pages.

On the subject of redirects, in most cases retail brands (and all brands) should not attempt to fully transition content to new gTLD domain names right away. They have made significant investments into optimizing their current sites to rank highly in search engine results, so until we know how search engine algorithms will account for new domains, brand owners should consider redirecting new domains to their existing .COM URLs.

New top-level domains will present online retailers with unique and unprecedented opportunities and challenges over the next few years. But the first and most crucial step that all brand owners must take between now and the opening of the application period is to gather facts and take the time to really explore whether or not applying for a new domain will be advantageous for their business.

The Game has Changed, and Now So Must the Game Plan


Monday was a long awaited day for many in the domain industry. While some of us have spent the past few years working hard to make the planned launch of new gTLDs as orderly and minimally harmful as possible, others pushed hard for less regulation and an earlier launch. At the end of the day, we have achieved about as much balance as  possible from ICANN, an organization that is biased to begin with.

New gTLDs are coming. On January 12, 2012, the application window will open and ICANN will accept applications for new gTLDs for four months.

If the past two days are any indication of what the next six months will be like, I think we are all in for quite a ride. From early in the morning until well into the night these past two days, I have spent hour after hour discussing and responding to brand owners’ inquires about what to do now. I’m sure today will be no different, as the news cycle has likely pushed the topic of new gTLDs up to the higher echelons of most corporations.

While a select few companies have already announced their plans to apply for their own .BRAND gTLD, the realization that new gTLDs are now around the corner has brought the issue to the top of the minds of everyone that has been waiting on the sideline to see what would happen.

Now that there is no more uncertainty as to whether new gTLDs will be officially approved or not, it is time to begin planning. Like it or not, we will see many, many new gTLDs applied for and launched within the next year. Some will succeed and some will fail. Whether a company ultimately decides to apply for their own gTLD, this impending change will alter the way the Internet looks and how users move through it. All brands will have to adapt to the new landscape. Because of the potential ramifications of this change, the C-Suites of all major companies need to be aware of this issue.

The game is set to change and brand owners need to be ready. But that doesn’t mean they should rush into a decision as some companies are suggesting. Rather, right now they need to take the time to fully understand how new gTLDs will impact their digital strategy, as well as all the benefits and risks of both owning and not owning their own gTLD. The wait and see period is over. Now it’s time to formulate a plan.

If you need the facts and would like help navigating through the noise, drop us a line.

Update on UDRP Review


Back in April, I published a post explaining the push within the ICANN community to review, and potentially reform, the Uniform Domain Name Dispute Resolution Procedure (UDRP). On Wednesday, an article in World Trademark Review reported that ICANN has published a report asserting that a full-scale review of the UDRP is not recommended.
 
This comes as hugely positive news for certain constituencies, including many trademark owners and UDRP providers, especially the World Intellectual Property Organization (WIPO). Earlier this year ICANN hosted a webinar to discuss the topic of UDRP review, and the majority of participants raised strong opposition to the notion.

Latest, and Perhaps Final, Version of New gTLD Guidebook Drops


Yesterday, ICANN released the latest version of the Applicant Guidebook for new gTLDs, the version it hopes to present to the Board of Directors for final approval on June 20. This version comes only six weeks after the last version, which attracted a total of 60 comment submissions, many of which expressed concern over trademark protection mechanisms.

Similarly, the Governmental Advisory Committee (GAC) continues to assert that there remain areas where it disagrees with ICANN. Namely, both the GAC and the International Trademark Association (INTA), have argued that ICANN should improve the Trademark Clearinghouse, the Uniform Rapid Suspension system and the Post-Delegation Dispute Resolution Procedure, all of which are designed to provide protections for trademark owners. The GAC and INTA, among others, do not believe these are sufficient. ICANN has not altered these portions of the Guidebook in this latest version.

For the most part, the changes between the last version and this version of the Guidebook have been minor.

For better or worse, there are strong indications that the ICANN Board will in fact approve this version of the Guidebook later this month. That means that over the coming weeks, by the end of July, brand owners should gather facts, seek external advice and prepare to make a decision on whether they will apply for a gTLD. They should consider how gTLDs will benefit them, including how they plan to use it and what advantages they hope to extract from it. But importantly, they should keep in mind that the policy is still not entirely finalized, and so they should not feel pressured to select technical partners like registry and registrar providers. By late August or September, they should begin actively searching for a partner to assist with the application process.

Insight into ICANN's Affirmation of Commitments


I recently had the opportunity to read A. Michael Froomkin’s research paper, “Almost Free: An Analysis of ICANN’s ‘Affirmation of Commitments’” (AOC), which examines both the legal and political effects of the AOC. In my opinion, Froomkin’s research is thorough and enlightening, explaining how and why the AOC came into being; what it changes and what it does not change; and what kind of impact it will have.

Froomkin begins by looking at what the AOC would actually change in light of ICANN’s pre-existing relationship with the Department of Commerce (DOC). His analysis reveals that the AOC contains no binding promises. None of the promises ICANN enumerates is new, and none provides the U.S. Government with any way to enforce them. For ICANN, the AOC is an outline of what sort of organization it would like to be. The very process that produced the AOC is evidence of ICANN’s continuing failure to commit to any sort of genuine transparency and accountability.

Although Froomkin’s overall conclusion is that the AOC has been greatly over-hyped, he concedes that the agreement is a significant milestone in terms of the evolution of the management of the domain name system (DNS), but more so for its political rather than its legal impact. As a legal document, he opines that the AOC is a “paper tiger”; it seems threatening but it is actually quite harmless. As a political document, it is much more significant. By signing the AOC, the DOC seems to be acquiescing to pressure from the international community to make control over the governance of the DNS more global. However, the AOC most directly benefits ICANN itself; with the AOC, ICANN manages to loosen ties with the U.S. government, but also from other governments, whose only channel of influence is the Governmental Advisory Committee (GAC).

The paper also revisits two underlying issues that the AOC certainly glosses over: what, if any, standby or fail-safe control the U.S. retains over the DNS, and to what extent that even matters. This is particularly important considering that the DOC will have to make a decision about the fate of the Internet Assigned Numbers Authority (IANA) contract in September. Froomkin notes that there is a possibility that the U.S. will realize that the DNS’s centrality and importance are diminishing and be willing to let it go. For now, though, domain names are still highly valued for the market power they give over DNS service providers, the economic power they give over registrants and third parties and the political power they give over freedom of speech and geo-strategic power. Regardless, ICANN will remain an important figure in all of this; even if control of the DNS lacks political relevance, it still has a substantial economic impact.

Froomkin’s analysis is useful as we face the possibility that ICANN’s proposed introduction of new gTLDs could become a reality. The NTIA, the agency within the DOC charged with interacting with ICANN, created the U.S. government’s first public dispute with ICANN via a letter from Assistant Secretary of Commerce Larry Strickling. The letter includes specific complaints about the new gTLD program, and also notably points out ICANN’s failure to meet any of the obligations identified in the AOC with regard to its decision making processes – transparency, accountability and fact-based policy development. Froomkin’s research provides more than just insight into the AOC. It provides insight into ICANN’s relationships with the U.S. and international governments and organizations, as well as its motives and decisions concerning DNS, the IANA contract, and new gTLDs.