New TLDs

ICANN Auctions or Private Auctions?

By this time next year the allocation of the new Internet namespace will be complete. Several hundred contention sets, ranging from likely blockbusters like .WEB to somewhat less obvious money-makers like .UNICORN, will be decided by some method. One way to resolve contention is to form a joint venture... That works well when there are only two competitors and there's a good basis of trust, and it's a great solution because there are no losers. But if there are three or more competitors, or if you don't like and trust your prospective partner-to-be, this really isn't an option. more

ICANN at the Inflection Point: Implications and Effects Of the GAC Beijing Communique

Although this article was first published just a few days ago, on May 8th, there have been several important intervening developments. First, on May 10th ICANN released a News Alert on "NGPC Progress on GAC Advice" that provides a timetable for how the New gTLD program Committee will deal with the GAC Communique. Of particular note is that, as the last action in an initial phase consisting of "actions for soliciting input from Applicants and from the Community', the NGPC will begin to "Review and consider Applicant responses to GAC Advice and Public Comments on how Board should respond to GAC Advice... more

What New gTLD Applicants Need Is a Quick, Lightweight Answer to the World’s Governments. Here It Is.

It's safe to say that with just a week to go before ICANN intended to sign the first contract for a new gTLD, the last thing anyone wanted was a 12-page document from the world's governments with 16 new "safeguards", six of which it wants to see applied to every new extension. But what the industry shouldn't overlook, especially in the face of the expected critical responses this week and next, is that the Governmental Advisory Committee's (GAC's) formal advice from the ICANN Beijing meeting represents an opportunity for the domain name industry to lock-in self-regulation at a critical point in its evolution. more

New Registry Agreement, All Good?

In the run-up to the launch of new gTLDs, ICANN has been negotiating both of its main supplier contracts. The registrar contract (Registrar Accreditation Agreement or RAA) negotiations are now all but complete. A new contract draft has been posted for public comment and it now seems likely that in little over a month, this will become the official new 2013 RAA. more

gTLD Contention Auction in May: Request for Comments

Many gTLD applicants with strings in contention have already heard about the Applicant Auction, a voluntary private auction for resolving string contention that my colleagues and I are organizing. In this post we'd like to share some updates on our progress. Most importantly, we realized that more than just an escrow agent is needed for the success of a private auction of this scale, and we have partnered with Morrison & Foerster, LLP, a global law firm, who will be acting as the neutral party for our auctions. more

Plural TLDs: Let’s Stop Throwing Spanners in the Works!

I don't have strong religion on plural TLDs. For that matter, I don't have strong feelings for or against closed generics either, an other new gTLD issue that has recently been discussed even though it is not mentioned in the rules new gTLD applicants had to rely on. What I do care about is predictability of process. Yet, as Beijing showed, the ICANN community has an uncanny ability to throw last-minute wrenches at its own Great Matter, as Cardinal Wolsey called Henry VIII's plan to divorce Catherine of Aragon. more

NCUC Workshop: One World, One Internet? New gTLDs & Competition in a Changing Global Environment

The Noncommercial Users Constituency (NCUC) has organized and is holding a policy workshop, One World, One Internet? New gTLDs & Competition in a Changing Global Environment, next week in Beijing at ICANN-46. The program, which brings together top Western and Chinese experts, will explore pressures for integration versus fragmentation of the Internet and implications for ICANN, as well as different competition and regulation perspectives as they relate to new gTLDs. more

What May Happen to GAC Advice? 3 Fearless Predictions

Many TLD applicants are likely to respond to the GAC Advice in a manner that is like story telling: Based on a mixture of fiction garnished with some facts from their applications, applicants will write savvy responses with only one aim -- to calm down the GAC's concerns and survive the GAC Advice storm. The "duck and cover" strategy... According to the Applicant Guidebook, material changes to applications need to go through a Change Request process. more

New TLDs: Time For a Do-Over on Plural Similarity

Mandarin is a tricky language, but ICANN may want to learn the expression chóngfù before leaving the Beijing meeting. Chóngfù means "do-over" and that's what ICANN needs to forestall an entirely preventable disaster in the delegation of new top-level domains (TLDs). The issue of "string similarity" seems straightforward. Nobody inside ICANN or out there in the real world wants Internet users to be confused by new TLDs that are confusingly similar. Imagine hearing an ad offering low rates at car.loans but you encounter something completely different at car.loan instead? more

Google Does the Right Thing Opening Several Closed Generic TLD Applications

Over the last few months one of the areas of attention in the new TLD project has been "closed generics". I've written about this several times in the past and I've also raised the issue in as many fora as possible. Yesterday ICANN published a letter they'd received from Google with respect to several of their new TLD applications. more

Much Ado About Nothing

With much fanfare last month, Uniregistry announced that proposals for dispute resolution between New TLD applicants in lieu of ICANN's so-called "Auction of Last Resort" posed significant antitrust risks. Their claim of concern was not based on any critical antitrust analysis, but rather on the fact that they had sought a "Business Review" letter from the Antitrust Division of the U.S. Department of Justice (DOJ), and, according to Uniregistry, the DOJ failed to provide them a positive response and discussed the issue with them. more

gTLD Applicant Strategy: 2013 The Make or Break Year for Applicants

Do you agree this is a critical time for many of the original 1930 applications to ICANN to operate a gTLD Registry. How has The "Fadi Effect" contributed to those Applicants' Key Dates, Decisions, Dilemmas and their Critical Path to success or a costly Delay. The first step along the path for each applicant is the need to respond to its Clarifying Questions (CQs), particularly the Financials ones. As of today a small number of global brand applicants have already been withdrawn, reducing the number of applications to 1905. Were their applications' unprepared? more

What Is the Potential Business Impact of New gTLDs On Existing TLDs?

How will the business of existing top-level domains (TLDs) be impacted by the new gTLDs? Someone asked me this simple question and I was very surprised to see that my online searches couldn't easily find many detailed articles or research related to that point. more

Verisign Doesn’t Think the Net Is Ready for a Thousand New TLDs

Yesterday Verisign sent ICANN a most interesting white paper called New gTLD Security and Stability Considerations. They also filed a copy with the SEC as an 8-K, a document that their stockholders should know about, It's worth reading the whole thing, but in short, their well-supported opinion is that the net isn't ready for all the new TLDs, and even if they were, ICANN's processes or lack thereof will cause other huge problems. more

Clearing up the “logjam”: ICANN Must Drop its Request for a Unilateral Right to Amend the Agreements

A very rare thing happened in the GNSO Council meeting this week - the ICANN community spoke with one voice. Registries, registrars, non-commercial interests, new TLD applicants, IP owners and businesses unanimously and unambiguously agreed that giving ICANN a "unilateral right to amend" the registry and registrar agreements is not compatible with ICANN's bottom-up processes and poses a fundamental threat to the multi-stakeholder model. There is true consensus that this change should be rejected. more