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In an OpEd piece published by USA Today, the CEO of ICANN Rod Beckstrom says of the new gTLD program that “It will create space on the Internet that is more secure than what exists today.”

“Applicants will undergo criminal background checks, financial evaluations and challenging technical assessments. More than 300 pages of rules govern the application process.”

“Tough standards will be a major deterrent to cyber criminals looking to take advantage of consumers. Most of these schemers and scammers will not invest the money and time needed to clear the application hurdle, nor will the new domain names — with more protections — be attractive to them.”

“Once applicants meet these high standards, they’ll be required to adopt several new safeguards, among them a process to quickly take down domain names of those who engage in clearly malicious conduct, such as trademark infringement. There are new procedures to secure remedies against wrongdoers.”

“ICANN is not just expanding the domain space. We’re improving it. We’ve heard from hundreds of experts around the world — from law enforcement to leading global trademark authorities — and we’ve incorporated their recommendations.”

“The new registries will also make information about website owners more accessible in the “Whois” databases, and create a one-stop location where accredited parties, such as law enforcement investigators, can view registry data.”

“It is simplistic to argue that expanding the Internet domain space will expand the possibility of online malfeasance. That’s like arguing that building more homes increases the possibility of home burglaries. The argument ignores the fact that this new part of the Internet’s domain-name system will offer substantially improved security, strengthened enforcement and greater transparency.”…

According to tweets from a couple of people at NeuStar, the ICANN TAS system is having problems today.

Jeff Neuman of NeuStart Tweeted today:

“Check your applications in TAS. Reports of missing applications- Our application 4 .Neustar is 1 of them”

“”TAS also lost our “unique” ID which we got upon paying initial 5k. We need ID to pay remainder, fill out app & see all apps.”"

Ken Hanson of Neustar also Twitted today:

“Check your applications in TAS this morning. Reports of missing application”

On Tuesday we were on a blogger call with Rod Beckstrom the CEO of ICANN who told the bloggers that everything was “running smoothly” on the new gTLD process.

Looks like today there maybe an issue which apps getting lost during the submission process.

We will keep checking Twitter for other reports of problems and will update you as the day goes on.

UPDATE

ICANN has now tweeted:

“A display issue occurred in TAS, it has been corrected. All data is now visible & no information was lost”

 …

I just listened in to a call with the CEO of ICANN Rod Beckstrom, on an update on the new gTLD program  he gave to some bloggers.

“For us, No news is good news, things are running smoothly we have not encountered any major technical or service issues.”

Beyond that Mr. Beckstrom was unwilling to give any updated numbers in terms of the number of applications submitted or the number of companies that had paid the $5,000 for the spot to file and application.

ICANN has previously stated that 25 companies had paid the $5K fee.

Today Mr. Beckstrom wouldn’t disclose how many application fees of $180K (less the $5K fee for the spot online to file) have been received.

Another uncertainty in the process is the selection of the company(s) that will handle the Uniform Rapid Suspension (URS) and whether any company will be willing to undertake hearing those for the published goal of $300-$500 per, as we sit today, its not clear that anyone is beating down ICANN door to take this project on.

Beckstrom did indicate that they have received interest from qualified company(s) to operate the Trademark Clearing House and it sounds like ICANN is closer than to making a selection.  Also from the call its clear that there will not be a public comment period on ICANN’s selection of the provider to run the Trademark Clearing House.

Finally as far as publishing the list of applications received, although shooting for two weeks after the closing of the application period Mr. Beckstrom would not commit to the list being published on May 1, 2012.

 …

ICANN has published a DRAFT of final report of the “Whois Policy Review Team’s”,  whose mission was to  “review the extent to which ICANN’s Whois policy and its implementation are effective, meet the legitimate needs of law enforcement, and promote consumer trust.”

The Final Draft Report [PDF, 1.04 MB] is opened for public comment until 18 March 2012.

“Comprehensive and straightforward, the report lays out systematically what the team found lacking with Whois policy and what they think should be done about it.”

Here are the recommendations from the DRAFT final report:

You want to register for a new gTLD?

The TLD Application System (TAS), the online system for submission of new gTLD applications is now live.

Check out it out here.

Once you fill out that form, you just have to send in your $5K which will allow you to submit your application and the $180,000 balance that goes with.

Applications as of 7PM EST are now being accepted

The deadline to get your application in is April 12, 2012.

Don’t’ forget you have to have your online TAS registration complete and your $5K to reserve your online application spot in by March 28th 2012.

Here is all of the info from ICANN:

“”After more than seven years of planning, the Internet Corporation for Assigned Names and Numbers (ICANN) has initiated a process that could trigger a dramatic expansion of the Internet.

Starting today, ICANN begins accepting applications for new generic top-level domains (gTLDs).  The world of .com, .gov, .org and 19 other gTLDs will soon be expanded to include all types of words in many different languages. For the first time generic TLDs can include words in non-Latin languages, such as Cyrillic, Chinese or Arabic.

Applicants will use the TLD Application System (TAS) to submit their application, in which they answer the 50 questions detailed in the Applicant Guidebook.  Links to register in TAS are provided on the ICANN New gTLD page.

An updated version of the Applicant Guidebook was posted with the opening of the application window. The updated version incorporates clarifications made through responses previously published by the gTLD customer service center. Main points of clarification are on topics such as batching, background screening, the applicant support program, Continued Operations Instrument, GAC advice processes, and the registry code of conduct. Additional information and answers to previously asked questions can be found in the Program’s Supplemental Notes. These materials are not intended to introduce new requirements or criteria. Links to both the Applicant Guidebook and the Supplemental Notes can be found at the ICANN New gTLD page.

Also available now are changes to the Applicant Support Program: limited financial assistance is offered to qualifying applicants. Through this program, applicants, especially from developing economies, have access to financial assistance in the form of an evaluation fee reduction and other in-kind or community pro bono services. The financial assistance element of the program will allow a limited number of qualifying applicants to pay a US $47,000 evaluation fee instead of the full USD $185,000. This fee reduction has been made possible because ICANN’s Board of Directors has dedicated USD $2,000,000 to the program. This is a seed fund to which other organizations can donate. In response to public comment, the draft program has been updated to increase availability of refunds, make the program available to certain trademark owners, and broaden the scope for those seeking to serve the public interest. More information on the Applicant Support program can be found on the ICANN New gTLD page.

ICANN encourages all interested parties, whether applicants or observers, to refer to the New gTLD section of ICANN’s website for authoritative documents, helpful resources, and latest developments. The New gTLD site is found at http://newgtlds.icann.org.”"

It appears ICANN is NOT willing to give any assurance to applicants who put down their $185,000 application fee that any special refund would be available in the event a court orders ICANN to stopped or delay the new gTLD program.

When asked about the refund policy of ICANN in the event that some court orders ICANN to stop or delay the new gTLD program, ICANN was quite clear.

“We will only offer refunds that are laid out in the Applicant Guide Book.”

“The Guidebook does not specifically talk about a refund based on court action.”

“The only refunds provided under the Guidebook are:

“If the GAC (Governmental Advisory Counsel)  issues an early waring and the applicant withdraws its application they get 80% of the application fee back;

“If an Applicant withdraws before initial evaluation they get 70%  of their application fee back”

“After initial evaluation if the applicant withdraws their application they get 20% of the application fee back.”

So ICANN is clearly asking the applicants to take the risk of litigation with them.

Some groups like the ANA have openly threaten to sue ICANN to stop the new gTLD program and they have said they might not sue right away.

When it come to a partial refund of the application fee, the old saying Time is Money, is particularly true.

Something that any applicant needs to consider before writing out the check for $185,000 per application.

In a story just published by the Wall Street Journal entitled “The Race To Nab Web Addresses” chats about how this week ICANN will start accepting applications for new gTLD’s

“‘This week will bring the long-awaited opening up of a new realm of Web addresses in which just about any word—such as dot-furniture or dot-arcticvacations—can serve as a domain name. And to some, that spells opportunity.”

“It will be the first time in more than a decade that anyone can apply for the rights to control a slice of the broader Web marketplace, as opposed to just domains for specific types of Internet users.”

The article quotes a  Jeffrey Smith saying that:

“He and domain-name speculators like him have been building entire businesses around ideas for new right-of-the-dot names, and in many cases they have lined up backers to help them cover application and other costs.”

“Mr. Smith and his eight partners started their business in 2000 for the sole purpose of having it become a dot-shop registry holder that could sell dot-shop Web addresses, such as jeans.shop and coats.shop. “I’ve dedicated the last 10 years to this,” says the 46-year-old Mr. Smith.”

“Mr. Smith says he has already put more than $2 million of his own money into his speculative dot-shop registry business. He and his partners have also lined up four angel investors to raise capital.”

I hate to tell Mr. Smith but GMO Interest the largest ISP in Japan and the 13th largest domain name registrar according to RegistrarStats.com, has been quite public in their interest in applying for .Shop and has maybe spent more money just on ICANN parties to promote their .Shop application than Mr. Smith and his partners have spent.

The article also quotes Jacob Malthouse who plans to apply for .Eco and attorney and fellow domain blogger Enrico Schaefer, who is quoted as saying:

“Mr. Schaefer thinks his undisclosed dot-something could become a leading rival to the ubiquitous dot-com registry. “Dot-com is not immune to real competition,” he says. “This will be the very first opportunity for competition to come to dot-com in a real, meaningful way.”

This is just one of many articles we should see this week about the new gTLD program in the mainstream press.

You can check out the whole article here.

The National Press Club just announced it is going to hold a session entitled:

“Beyond .com, .gov, .net and .edu… Expansion of Internet Addressing”

On Wednesday, Jan. 11 at 2pm EST at the Zenger Room, National Press Club, 529 14th St. NW, Washington, DC

ICANN President and Chief Executive Officer Rod Beckstrom and Board Chair Dr. Stephen Crocker will discuss the launch of hundreds of new generic top-level Internet domains (gTLDs) such as .hotel, and .paris scheduled to begin taking applications on Jan. 12.

National Press Club members outside Washington and out-of-town journalists may watch the news conference via a live webcast at www.icann.org

In a letter tonight sent by Larry Strickling of the US Department of Commerce to the ICANN chairman Steve Crocker,  the Commerce Department says its going to examine the new gTLD program after the application period closes and ICANN discloses the list of applicants on May 1st.

Speaking about the new gTLD program Mr. Strickling writes:

“We have learned that there is tremendous concern about the specifics of the program that may lead to a number of unintended and unforeseen consequences that might jeopardize its success”

“Once the list of strings is made public, NTIA, soliciting input from stakeholders and working with colleagues in the Governmental Advisory Committee (GAC), will evaluate whether additional protections are warranted at the second level.”

“Having the ability to evaluate the actual situations or conflicts presented by the applied for strings, rather than merely theoretical ones, will certainly assist and focus everyone’s efforts to respond to problems should they arise.”

“Accordingly as ICANN moves forward I urge you to consider implementing measures including to  minimize the perceived need for defensive registrations”

“We think, and I am sure ICANN and its stakeholders would agree, that it would not be healthy for the expansion program if a large number of companies file defensive top-level applications when they have no interest in operating a registry.”

“I suggest that ICANN consider taking some measures well before the application window closes to mitigate against this possibility.”

“After the application window closes, and ICANN publishes details about the pool, fact will be available to determine the potential scope of this gTLD expansion.”

“At that time it would be useful for ICANN to assess whether there is a need to phase in the introduction of new gTLD’s”

The implication in the letter is clear.

The US Department of Commerce is going to allow the new gTLD program application period to open on time and close as planned, but is not waiving its rights to object to the program once its determined who has applied and who has not applied for a new gTLD.

This is only going to confuse the issue even further and put another big question mark on anyone who is thinking about shelling out the $185K application fee.

Of course if you don’t apply you risk that your competitor applies for a gTLD string that is the category defining string for your product or profession and the program is allowed to move forward with you missing it.

Told you 2012 was going to be an interesting year.

You can read Mr. Strickling letter here (pdf).

The Coalition Against Domain Name Abuse (CADNA), issued a press release today of its “recommendations” for ICANN, the US Congress and the NTIA for the new gTLD program,  and its a pretty long wish list.

Here it is in full:

“”"”For ICANN:

The ICANN Board should determine and announce when the next round of new gTLD applications will occur. A major source of anxiety that businesses feel around the New gTLD Program stems from fear that if they do not acquire their own new gTLD in this first round, they will be put at a disadvantage relative to their competitors, in the event those competitors apply and gain a theoretical advantage from owning gTLDs, for an unknown period of time. Announcing the date of a second round would go far towards alleviating this anxiety.

To lessen the financial burden on trademark owners and improve consumer protection, ICANN should consider including a requirement in the Applicant Guidebook that all new gTLD registries that choose to sell second-level domains to registrants adopt a low-cost, one-time block for trademark owners to protect their trademarks in perpetuity.

ICANN should consider adopting a pricing structure where a single applicant applying for multiple gTLDs pays a reduced rate for the subsequent gTLD applications, provided that the applicant has trademarks for those applied-for strings predating 2008, and that those strings are exact matches of their registered marks. Many businesses that choose to apply for their own gTLD will likely also feel they need to apply for other gTLDs, either in other languages or scripts, or for other vital business units.

ICANN should allow non-profit organizations that want to apply for their organizations’ names as gTLDs to qualify to participate in the Applicant Support Program, as described by the Joint Applicant Support Working Group (JAS WG) to lessen the financial burden on non-profits.

For the U.S. Congress:

The U.S. Congress should take much-needed action to improve the Anti-Cybersquatting Consumer Protection Act (ACPA) in order to provide stronger deterrents against cybersquatting, both in existing gTLDs and any new ones that are created.

For the NTIA:

If ICANN is awarded the new IANA contract following its expiration in March 2012, its structure and policy development process should also be subject to an audit. To ensure that this is done, the contract should be renewed for a short period of time, perhaps only two years. During this time, there should be an evaluation of whether ICANN followed through on its commitments with regard to the gTLD process, and extension of the contract should be contingent on conducting internal reforms to improve governance and transparency.

In addition to presenting these suggestions at the meeting with Assistant Secretary Strickling, CADNA delivered the same suggestions in a letter to ICANN, which includes further details on each of these recommendations.”"”

CADNA hopes that its recommendations are as well received by ICANN as they were during the meeting with the NTIA, and looks forward to working with ICANN to implement the suggested changes.