ICANN RPM PDP holds a sham consensus call to approve its recommendations

To what should be no one’s surprise at this point, the shenanigans in the ICANN RPM PDP working group continue, as a sham consensus call is now taking place to approve its recommendations.

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Verisign Wants The URS To Apply To Dot-com Registrants

Verisign, the abusive monopolist that operates the registries for  dot-com and dot-net, wants to impose the Uniform Rapid Suspension (URS) policy on dot-com and dot-net registrants, which will put valuable legacy domain names at risk via a flawed dispute resolution procedure that was designed only for low stakes “throwaway” and worthless new gTLD domains.

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ICANN RPM PDP Phase 1 Comment Period is another sham, part 7

More shenanigans have now been detected in the ICANN RPM PDP, namely attempts to manipulate the outcome of the policy work through duplicative and/or coordinated comment submissions.

The ICANN RPM PDP Phase 1 comment period ended on May 4, 2020, more than 2 months ago, yet ICANN had repeatedly refused to allow the raw public comments to be downloaded for easy independent analysis. I discussed that in a prior blog post.

After much energy expended in a back and forth with ICANN’s Complaints department, some (but not all) of which has been posted under Complaint #00014905 on ICANN’s website, they finally did the right thing and made the raw comments downloadable yesterday (just go to the File menu, and select the Download submenu, choose a format, etc.). Making the public comments spreadsheet downloadable was something that literally took ICANN staff at most 5 minutes to do, yet they spent months refusing such access. That is a cultural problem at ICANN,  which refuses reasonable requests in the public interest, unless one is an “insider” — had it been Verisign or another “friend” of ICANN, surely they would have simply done the right thing immediately.

As I suspected in the prior blog post, there were seeming irregularities in the public comments:

There may be even more irregularities which would be easier to detect if the data was more easily accessible.

I have now created a new spreadsheet (available in Excel format here, if the link to the Google Sheet is not working, e.g. if you’re in China) that highlights specific comments that were submitted, allowing one to easily compare them and see how similar they are to one another. The “Form Responses 1” tab is the original raw data, in its hideous format which made comparisons and analysis quite difficult (couldn’t resize or move columns/rows,  long comments hard to read, couldn’t copy/paste, etc.). The “Analysis 1” tab takes row 1 and turns it into Column A using the “TRANSPOSE” function (see formula in cell A1). Similarly, the comments of Hermes, UNIFAB, Comite Colbert, Chanel, Moncler and Novartis are taken from rows 7, 25, 28, 30, 32 and 48, and turned into columns B through F, again, using the “TRANSPOSE” function (see formulae in cells B1 through G1). Thus, the cells weren’t copied and pasted — they were pulled using a formula, and thus no duplication errors were introduced by incorrect copying of cells to the wrong place. I then made a few cells bold, added a background colour for column A, and resized the columns B through F, to make it easier to see the similarities.

As you can easily see by simply scrolling down through all the rows (helps to have a large monitor, to see all 6 comments side-by-side without scrolling), these were not 6 independently-generated comments. Instead, they are essentially 1 submission that has been, for the most part duplicated (with minor variations in a few places) 6 times. Remember, the original spreadsheet did not allow downloads or copying and pasting of answers. This implies that those 6 companies likely coordinated their submissions via a separate (and presumably private) master document that they shared amongst each other, which was used to copy/paste submissions. This then allowed them to over-represent their comments, relative to other submissions, in an attempt to manipulate the outcome of this PDP by making their preferred outcomes seem more popular, while simultaneously diminishing the impact of opposing positions.

The “Analysis 2” tab  highlights the comments of Renee Fossen of Forum (National Arbitration Forum) and Richard Hill. As I noted previously, many of Mr. Hill’s comments simply supported Ms. Fossen’s.

Going back to the the Analysis 1 tab, this is not the only time some of those  companies have submitted mostly duplicative coordinated comments to ICANN. Their comments to the WHOIS EPDP comment period can be seen via the spreadsheet here. While not downloadable, one can simply compare submissions in rows 9, 11,  12, 13 and 14 with each other and note the striking similarities.

The goal of these public comment periods is to get a sense of how the community feels about the various proposals. As such, it is important that those submissions be representative. When there is a small number of unrepresentative submissions, policy outcomes can be skewed by those over-represented participants or voices, like those 6 European brand owners.

Why does this matter? In the RPM PDP comment period, there were only 55 submissions that were counted (some of the obvious duplications were already eliminated, e.g. the multiple submissions from Hermes and the IPC that I had previously discussed). If one eliminates 5 or 6 of the above comments as duplicative (let’s say 5, to be conservative), that reduces the total number to 50. That might not seem like a big difference, but it’s enormous, given that the superficial analysis performed by the working group members (remember, I’m unfairly banned, and am unable to participate, but have reviewed all the recordings) focused on just the “numbers” as to how many “votes” a proposal got from the community. Removing 10% or more of “votes” from specific proposals would shift the balance considerably, on nearly every issue.

Let’s look at a specific example, URS Individual Proposal #15, a deeply flawed proposal that I’ve discussed in the past and which you can see my own comments in cell C19 of the “Public Comment Review Tool” (in the URS Proposal15 tab). The public comments were reviewed on June 25, 2020, and one can read the transcript of that working group call (starting from page 7). Without adjusting the responses, 45.5% of respondents, i.e. 25 out of 55, did not support the proposal. That level of opposition alone should have been enough to kill the proposal outright. But, on the other side, UNIFAB, Colbert, Chanel, Moncler and Novartis all supported it with a “minor” change and Hermes supported it “as written”. “Support as written” and “support concept with minor change” had a combined 15 out of 55 responses (27%).

But, adjusting the responses to eliminate the over-representation of those European brand owners has 2 effects. First, the opposition becomes 25 out of 50 (i.e. the denominator changes from 55 to 50), and so that becomes 50% (instead of 45.5%). And, for those supporting it, it goes from 15 out of 55 to just 10 out of 50 (i.e. affects both the numerator and the denominator), and thus that becomes only 20% support.

Shockingly, and a sign of the true level of capture of the working group, that proposal continues to live to fight another day (see page 25 of the transcript), rather than being tossed in the scrap heap.

Phil offered us an opportunity to live another day, to take the concept back, to rework it and reintroduce it to the working group. So I think that those of us who wanted the concept to survive should declare victory, retreat, and work on this together and then try again with introducing something to the working group that might be more acceptable to the working group at-large.

Truly disgusting, and I’ll have more to say about the repeated double-standards evident throughout the superficial “review” of the public comments in future blog posts.

Similar swings in relative support levels would happen on other proposals and recommendations, once the proper adjustments are made.

It’s clear that the working group must now go back and redo the analysis of the past 2 months, to remove the effects of those attempting to manipulate the apparent popularity of their positions. That’s for starters. The blame for this falls squarely on ICANN staff and the co-chairs, for (1) not providing a downloadable version of the comments 2 months ago, when multiple people asked for it, (2) designing a purposely-flawed comment period that created enormous burdens for those wishing to make comments, and (3) not doing widespread outreach to get a large representative sample of the views of affected stakeholders.

You’ll recall that ICANN dismissed and denigrated the thousands of comments that were submitted in the dot-org and dot-com contract comment periods. They were dismissed as spam, for example.  Verisign themselves stated:

The Internet Commerce Association (“ICA”) and other allies in the domain name speculation business including registrars like Namecheap and Dynadot, have made a concerted effort to distort this public comment period. They have distorted the facts in a campaign-style effort to flood ICANN with public comments created by form-letter generators and templates created for the sole purpose of protecting their own financial stake in the speculation business.

Verisign went on to write about attempts to “hijack the legitimate public comment period”. Those are strong words. If Verisign is to be consistent, then the distortion caused by those European brand owners, the attempt to “hijack the legitimate comment period” must be addressed.

This failure caused by ICANN staff and the co-chairs can also be addressed by having a second public comment period. This should be by the traditional email interface, rather than the flawed Google Forms that has been repeatedly and roundly criticized by multiple stakeholders.

In conclusion, this new evidence reinforces the conclusion that the RPM PDP is a captured and sham working group, that needs a complete overhaul, if it’s even worth salvaging in any form. Their work product, upon any serious examination, has been complete garbage. While some may “hold their nose” and live with it, the stakes are too high for the public (and domain name registrants in particular) to allow this fiasco to continue.

 

 

 

Delta.com domain name was acquired in July 2000 for $2,125,000. Here’s how to discover more big deals!

EDGAR, the SEC’s electronic database of securities filings, has revamped its full text search, now allowing searches of filings since 2000. The legacy full text search (which will only be available until September 2020) only indexed the previous 4 years (although I’ve been checking weekly for new filings for longer than that).

Due to this new capability, I discovered that the Delta.com domain name was acquired in July 2000 by Delta Airlines, for $2,125,000. This was reported on page 5 of the SEC filing of Delta Financial, its prior owner:

In July 2000, the Company also sold a domain name for $2.125 million.

AdAge had reported about the transaction in September 2000, but the exact price had gone unreported. They wrote:

In a move that shows how important the Internet has become in the travel industry, Delta Air Lines has shifted its Web address to the easy-to-remember (delta.com) and launched an ad campaign trumpeting the new URL.

The campaign from Leo Burnett USA, Chicago, launched last week and includes TV, print and radio. Print tells customers the simpler URL will save them “an extra 0.73 seconds,” TV features the delta-air.com URL morphing into the new delta.com, while radio asks, “Why oh why wasn’t delta.com our Web address all along?”

That’s probably a campaign slogan that could be emulated by numerous other companies who’ve upgraded their domain names. “Why oh why wasn’t ________ our Web address all along?”

Help Discover More Big Deals

For those who are keen to help uncover other unreported domain name transactions, feel free to search at EDGAR using terms such as:

“domain name”
“domain names”
“bought the domain”
“sold the domain”
“acquired the domain”
“bought a domain”
“sold a domain”
“acquired a domain”
etc.

In my experience, variations such as “web address” or “URL” are sometimes used, too, by companies reporting domain name transactions.

The legacy search engine produced results in reverse chronological order, which was very convenient. It also featured “stemming” (see FAQ #26) which automatically captured variations of terms. I hope the new search engine will prove equally powerful. The new search engine limits the results to 10,000, but one can change the date range to get fewer results. For example, if one is checking every week like I’ve been doing, one need only search the past 7 days, as one would have already researched the prior results. [of course, this strategy doesn’t apply now to the much older results, that I’d never poured through]

Going through the individual matching results can be time-consuming if you don’t know what you’re doing. Ctrl-F is definitely your friend, to “find” words in the document (e.g. “domain”), rather than reading the entire filing. I’d say only about 1 in 500  matches actually results in anything worth reporting (i.e. many companies mention the term “domain name” somewhere in their filings, but nearly all of those are not reporting a domain name transaction – it’s often just boilerplate text in the intellectual property section, for example). Even if one does discover a domain name transaction, often the exact domain name won’t be mentioned (for example, in the Delta Financial SEC filing noted above, it merely said “a domain name”), so one will have to do further research using tools such as DomainTools.com and/or Archive.org before being able to narrow things down. Redacted WHOIS is definitely making things harder for researchers and journalists.

Once you’re confident about your research, do blog or tweet about it, and send it off to Ron Jackson at DNJournal. Of course, make sure that the transaction hasn’t already been reported, e.g. by checking NameBio.com, searching in Google for other reports, or searching DNJournal specifically for that domain name, e.g. a search in Google of

site:dnjournal.com “example.com”

(changing “example.com” to the relevant domain name, but retaining the quotation marks)

Additional Discoveries

Since I first published the article earlier today (morning of July 11, 2020), I’ve already uncovered additional previously unreported transactions, including:

  • gold.ca – CAD $15,000 in 2008, as per the SEC filing
  • weekend.com – USD $200,000 in December 2000, as per the SEC filing
  • passwords.com – USD $115,900 in 2000, as per footnote 4 on page 4 of the SEC filing
  • elections.com – USD $100,000 in July 2000, as per the SEC filing
  • headhunter.com – USD $35,000 in July 1998, as per the SEC filing

There are likely many other previously unreported domain name transactions just waiting to be found….

SCOTUS on domain names

The Supreme Court of the United States issued its decision today in the United States Patent and Trademark Office, et al., v. Booking.com B.V. case. By an 8-1 margin, the court ruled that Booking.com could register a federal trademark for the mark “booking.com” despite the term “booking” (without the dot-com) being generic for the same goods and/or services. I expected this result (although not by an 8-1 margin; I thought it would be 6-3), so it was a positive outcome, in my opinion.

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Original Cooperative Agreement That Laid The Foundation of Verisign’s Monopoly

To understand Verisign’s anti-competitive monopoly for dot-com domain name registration services, it is important to analyze its agreements with the US government. NTIA has a page on their website documenting aspects of their cooperative agreement with Verisign. However, that page is incomplete, as it only lists Amendments 10 through 35.  The original agreement (between the National Science Foundation and Network Solutions) and the first 9 amendments are not published.

A Freedom of Information Act (FOIA) request was made to NTIA to obtain those additional historical records. I’m happy to report that NTIA responded to that request and sent all the requested documents. [NB: the US government takes FOIA requests seriously, unlike ICANN’s broken Documentary Information Disclosure Policy, which pretends to be like the FOIA but is far inferior to it]

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ICANN RPM PDP Phase 1 Comment Period is another sham, part 6

More and more people are coming to the realization that the ICANN comment periods are a sham, open to manipulation by ICANN insiders and staff. The comment period for the Phase 1 Initial Report of the Review of All Rights Protection Mechanisms in All gTLDs Policy Development Process ended on May 4, 2020, eleven days ago. I have previously written about it (see my prior blog posts hereherehere, here and here). Rather than diving in and actually doing the work of analyzing the public comments, ICANN staff are actively preventing working group members from having easy access to those submissions.

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URGENT: Last call to submit comments on RPM PDP Initial Report

The comment period for the Phase 1 Initial Report of the Review of All Rights Protection Mechanisms in All gTLDs Policy Development Process ends 23:39 UTC on May 4, 2020, just a day from now (which is not sufficient time to do a thorough analysis). I have previously written about it (see my prior blog posts hereherehere and here).

[Update: I finished my final comments at 1:30 am Toronto time on May 4, so I’ve updated the article below with links to the newer PDF; the changes were relatively minor since the earlier draft, with just some tweaks on the TMCH comments, and stylistic changes, typos, etc.]

To help those who wish to submit public comments, or who wish to refine their own, I’m posting a draft the final version of my extensive comments here. My answers are all in RED text. I’m unable to use the broken online forms, so I’ll need to submit via a DOCX file by tomorrow instead.

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ICANN RPM PDP Phase 1 Comment Period is another sham, part 5

The comment period for the Phase 1 Initial Report of the Review of All Rights Protection Mechanisms in All gTLDs Policy Development Process ends on May 4, 2020, less than 2 days from now (which is not sufficient time to do a thorough analysis). I have previously written about it (see my prior blog posts hereherehere and here). However, it continues to be fraught with problems. Continue reading “ICANN RPM PDP Phase 1 Comment Period is another sham, part 5”

Has ICANN been secretly recording the confidential NomCom meetings?

In a newly discovered document in an obscure ICANN mailing list that isn’t generally monitored by most in the general public, Jay Sudowski, the Chair of the 2020 ICANN Nominating Committee, has made serious allegations concerning ICANN.

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