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ICANN: After The TAS Mess Only 2 Request for Refunds

Michael H. Berkens — Tue, 22 May 2012 21:00:28 +0000

A few weeks ago during the TAS outage, ICANN issued a statement saying that anyone who applied for a new gTLD or paid to enter the TAS system could pull their application or authorization and get a full refund of any money paid.

Today in a Twitter chat, I asked ICANN how many people requested a refund under this program.

The answer I got was:

“As of last night we had received two new requests for refund since full refund offer, one for $185k & one for $5K”

I’m personally not surprised there has been virtually no takers for a refund.

After waiting for many years, no one in the game is going to leave the game due to a six week delay.

I thought at the time it was a smart move by ICANN to head off lawsuits by simply letting anyone who paid into the system to let them drop out and give them a 100% refund.

Now it seems even smarter.

In other news out of the Twitter chat:

An update on new timeline including the Big Revel will be released on or before May 29th but that the “Target reveal date will still before Prague”

In all ICANN was asked what seemed to be well over 50 questions, they answered 15.

You can see the chat under the Twitter #NewgTLD

You can follow us on Twitter here.

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ICANN Re-Opens TAS System For New gTLD’s

Michael H. Berkens — Tue, 22 May 2012 13:13:16 +0000

In a statement in the middle of the night EST ICANN annoucned that they have as promissed re-opened the TAS system after taking it off line for almost 6 weeks.

”

The TLD Application System, or TAS, has reopened. All registered applicants can now log in, review and submit their applications.

The system will remain open until 23:59 GMT/UTC on 30 May 2012. Consistent with our previous practice and to allow the application window to open as soon as possible, two-hour maintenance windows have been scheduled as follows: 22 May at 16:30 GMT/UTC, 25 May at 23:00 UTC, and 29 May at 22:00 UTC.

Applicants are encouraged to review “Top Things Users Should Know When TAS Reopens,” posted on the new gTLD microsite at http://newgtlds.icann.org/en/applicants/tas/top-ten. The document provides advice on logging into and completing applications, submitting wire transfers, and contacting customer service with any issues users might encounter.

During the last few weeks, we have fixed the technical glitch that caused us to take the system offline. Also, to address user feedback, we have improved the overall system performance and the HTML preview function.

In our continuing review of the system logs and system traffic, we determined that in two instances, a single file might have been temporarily unavailable to an applicant. Full access to those two files has been restored. ICANN notified the affected users.

We recognize and regret the inconvenience caused by this glitch and the delayed closing of the application window.”…

Federal Commissioner for Data Protection says law enforcements requests for new RAA are against German laws

Frank Michlick — Fri, 18 May 2012 15:01:27 +0000

The law enforcement recommendations for storing additional information related to domain name registrations that are supposed to make their way into ICANN’s new Registrar Accreditation Agreement (RAA) might be against German data privacy laws, as Heise.de (German tech publication) reports. According to the response to Heise’s inquiry, The Federal Commissioner for Data Protection and Freedom of Information confirmed that the storage of domain name registration related data for two years would be illegal in Germany. The requests include to store address information, changes to any information, payment information, a full account history and a number of other items for a period of two years after the end of the contract.

European data protection advocates have already been fighting a long fight against the publication of whois data, leading to an introduction of a “Whois Procedure for Conflicts with National Laws” at ICANN in 2007.

Intellectual Property Constituency Asks ICANN to Reconsider Digital Archery Batching

Michael H. Berkens — Tue, 15 May 2012 12:47:38 +0000

In memo sent by head of ICANN’s Intellectual Property Constituency (IPC), Steve Metalitz On May 9th, which asks ICANN to reconsider its ‘digital archery’ (DA) methodology for new gTLD batching.

Here is the full memo:

TO: ICANN Board New gTLD Program Committee

FROM: Steve Metalitz, IPC President
RE: “Digital Archery” batching method
DT: May 9, 2012

I write at the direction of the Intellectual Property Constituency (IPC), to urge ICANN to reconsider use of the “digital archery” method for batching new gTLD applications for evaluations.

On May 4, ICANN announced that over 2000 new gTLD applications have been received. Since the evaluation system is only designed to handle about 500 applications at once, it is clear now that batching is not just a theoretical possibility, but a necessity, at least under the evaluation system ICANN has adopted.

The “digital archery” batching method announced by the ICANN Board on March 28 is complex, untried, and readily subject to gaming. The paralysis of ICANN’s new gTLD application system (TAS), resulting from a so-called “glitch” that ICANN failed to detect in testing the TAS, has now persisted for nearly a month, with no defined end in sight. This episode inescapably casts doubt on ICANN’s capacity to implement another technically complex system for batching evaluation of applications. Another such “glitch” in the earliest stages of the most ambitious and far-reaching project ICANN has ever undertaken would permanently damage the organization’s credibility, and likely call into question its continued viability as the steward of the domain name system.

The possibilities for gaming the “digital archery” process are obvious and manifold. Inevitably, it will serve as yet another revenue extraction opportunity for those entities that are managing and promoting new gTLD applications. We are already seeing this happen. See http://www.pool.com/gtld/digitalarchery.aspx. This arcane and seemingly arbitrary batching method will also reinforce the widespread impression that all ICANN procedures are dominated by “insiders” with contractual relationships to ICANN, who will surely know best how to manipulate this initiative to their own benefit, or that of their paying customers. It is difficult to reconcile such an outcome with ICANN’s obligation to act in the public interest.

Whether or not the ICANN staff presented to the Board any options to the “digital archery” proposal before the March 28 decision, the fact is that alternatives were suggested by the community that would have avoided the serious pitfalls and risks – including but by no means limited to those mentioned above – of the method the Board chose.

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Whois Review Team Issues Scathing Report On ICANN: “ICANN The Corporation Has Failed To Meet Expectations”

Michael H. Berkens — Fri, 11 May 2012 21:28:31 +0000

The WHOIS Review Team just issued a 92 page report “to review the extent to which ICANN’s WHOIS policy and to see whether ICANN’s implementation are effective, meet the legitimate needs of law enforcement and promote consumer trust.”

The answer was clear.

FAIL!

“Formed in October 2010, the WHOIS Review Team comprised representatives from across the ICANN constituencies, a representative of law enforcement and two independent experts.

“WHOIS as an issue encompasses:

The WHOIS Protocol, including its continued fitness for purpose given that both the Internet and uses of WHOIS have expanded beyond what their original designers would have imagined possible;
Internationalization of WHOIS Data, and the consistent handling of non-ASCII text in both the records and the display of the domain name itself

Ongoing development of WHOIS policy within ICANN’s existing machinery, and the impact of other policy development on WHOIS;
Maintaining some coordination role to ensure that so far as possible, policy development effort is not duplicated, relevant research is brought to the attention of relevant working groups or staff, and is followed up in a timely way; and
That compliance with contractual obligations, and outreach to affected communities of users is managed effectively and that timely reporting be given to the Community.

“”The WHOIS Review Team finds that in all of the above points, ICANN the corporation has failed to meet expectations”

As for its recommendations the team recommended that

“WHOIS, in all its aspects, should be a strategic priority for ICANN the organization.”

“It should form the basis of staff incentivization and published organizational objectives.”

“To support WHOIS as a strategic priority, the ICANN board should create a committee that includes the CEO.

“Advancement of the WHOIS strategic priority objectives should be a major factor in staff incentivization programs for ICANN staff participating in the committee, including the CEO.”

“Regular (at least annual) updates on progress against targets should be given to the Community within ICANN’s regular reporting channels, and should cover all aspects of WHOIS including protocol, policy development, studies and their follow up.”

The committee went on to say:

One of our earliest “findings” was our inability to find a clear, concise, well- communicated WHOIS Policy. The Team was assured that one existed and that it had been in force for some time.”

“Several versions of Registrar and Registry contracts were reviewed as were compliance activities related to the policy. Throughout, we were unable to locate a document labeled WHOIS Policy as referenced by the ICANN- approved Affirmation of Commitments.

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ICANN “Targeting” May 22 As Re-opening Of TAS: Big Reveal Still Unknown But Prague Looks Likely

Michael H. Berkens — Wed, 09 May 2012 12:59:32 +0000

According to a statement issued overnight, ICANN is “targeting 22 May 2012 as the intended reopening date for the TLD Application System.”

“It is anticipated that the system would remain open for five business days and close on 30 May. This takes account of the 28 May Memorial Day holiday in the United States.”

“We have met our commitment to provide notice to all users on or before 8 May 2012 by sending out notifications today.”"The large majority of users are unaffected by the glitch.”

“”Even as late as yesterday, 7 May 2012, our packet-level research uncovered a new set of instances (in addition to those previously announced) where another applicant might have viewed a set of system-generated file names. It is possible that further analysis will also show that some of the parties that we have notified were not affected, but notice was provided out of an abundance of caution.

“”It would look like there is a good chance the Big Reveal might take place in Prague during the ICANN conference set for late June.

Also this announcement gives applicants until at least May 30th to request a refund of their application fees is they want to withdraw their applications…

ICANN Offers new gTLD Applicants Refunds

Frank Michlick — Tue, 08 May 2012 18:05:07 +0000

As per an update sent out by ICANN earlier today the California not-for-profit is now offering applicants refunds of all paid fees (about $350M USD in total) if they would like to withdraw their application prior to the publication of the list of all new TLDs that received applications. The TLD Application System (TAS) exposed some of the filenames of applications to other applicants. The board authorized refunds with a resolution during their workshop in Amsterdam on May 6th.

See the full email update from ICANN after the jump.

TAS Interruption – Update (7 May 2012)

Statement by Akram Atallah, COO

7 May 2012

In recognition of the inconvenience caused by the temporary suspension of the TLD application system, ICANN will provide a full refund of the application fees paid by any new gTLD applicant that wishes to withdraw its application prior to publication of the list of applied-for new top-level domain names.

A resolution authorizing full refunds was adopted during a Board of Directors workshop in Amsterdam on Sunday, 6 May 2012.

We recognize that this represents an increase of only US $5000 over the refund that withdrawing applicants would otherwise receive, but we believe it is an important part of fulfilling our commitment to treat applicants fairly.

We regret the difficulties that we know the temporary suspension of TAS is causing.

ICANN Offers Full Refund To Any Applicant For A New gTLD Which Pulls Its App Before The Big Reveal

Michael H. Berkens — Tue, 08 May 2012 04:52:16 +0000

In an Announcement tonight, ICANN is offering to refund any applicant who has submitted and paid its fee for a new gTLD if they pull their application prior to the Big Reveal.

“”In recognition of the inconvenience caused by the temporary suspension of the TLD application system, ICANN will provide a full refund of the application fees paid by any new gTLD applicant that wishes to withdraw its application prior to publication of the list of applied-for new top-level domain names.”

“A resolution authorizing full refunds was adopted during a Board of Directors workshop in Amsterdam on Sunday, May 6th 2012.”

Here is the resolution:

“Whereas, the TLD Application System (TAS) has been offline since 12 April 2012 due to a technical glitch and the application window will not be closed until TAS reopens for a period of at least five days.

“Whereas, ICANN recognizes that, during the pendency of the glitch, applicants may have re-evaluated decisions to participate in the New gTLD Program.

Whereas, the Applicant Guidebook at Section 1.5.1 sets out a tiered refund schedule in the event that an applicant wishes to withdraw its application.

Resolved (2012.05.06.NG01), the New gTLD Program Committee directs the CEO to offer to applicants a full refund of the New gTLD Application fee actually paid to ICANN if the applicant wishes to withdraw its application prior to the date that ICANN publicly posts the identification of all TLD applications.”

Here is what the announcement did not say:

1. Whether all applicants effected by the “glitch” have been so notified as promised by ICANN on or before May 8th.

2. When the TAS will be back up.

3. When ICANN is planning on posting the “identification of all TLD applications.”

ICANN had previously promised to complete notifying the effected applicants “on or before Tuesday, May 8th”. (as I write this post it is midnight EST May 8th)

As an attorney, I do think its a pretty smart move by ICANN to head off lawsuits by allowing companies to pull their application and get a full refund, although as an attorney I would have liked the announcement better had ICANN clearly stated the date its planning on posting all the applicants information thereby setting a final date for requesting a refund.

Without such an announced date any date 5 days after the TAS system re-opens would be a possible date for ICANN to post the information, thereby closing the refund window.

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Beckstrom: ICANN May Deny New gTLD Applications If They Got An Unfair Advantage In Seeing Others Info

Michael H. Berkens — Mon, 07 May 2012 17:08:58 +0000

Rod Beckstrom the CEO of ICANN just told theHill.com, that applicants who looks at other applicants info in an attempt “to gain an unfair edge over their competitors” may have their own application denied.

In an interview with The Hill, he noted that ICANN has “ultimate authority” over approving all applications and said the organization will examine whether any groups used a recent system glitch to look at the applications of their rivals.

“If we were concerned with any parties’ actions, one could hypothetically imagine that well could be taken into consideration [of whether to approve their applications],” Beckstrom said.

“He said ICANN officials will be able to tell whether any groups changed their applications after using the glitch to snoop on their competitors.”

Denial of an application would mean a $185,000 loss in fees to the applicant, however depending on what information an applicant saw and what in reaction they made upon seeing the info, a denial of the application would seem fair under certain circumstances.

Say there was one application for a certain generic string and upon seeing that application another applicant went ahead an applied for that unique string, that would certainly be an action for which I could see a denial of application.

I actually had a post ready to publish on this topic basically calling on ICANN to deny an application where an applicant viewed sensitive material and then acted upon it but with this story we will scrub ours as it seems ICANN is already on top of the issue.

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$350 Million USD received by ICANN for 2,091 Applications

Frank Michlick — Sat, 05 May 2012 08:58:28 +0000

While ICANN latest update on the security loophole in the TLD Application System (TAS) doesn’t really hold any new information regarding the actual fixing of the problem and the updated new gTLD timeline, ICANN has decided to release more information from the time the system was taken offline:

2,091 applications were either submitted or in progress, which is well beyond the budgeted 500 applications (even though of course there will be several applications for the same strings)
214 potential applications were registered prior to the March 29th payment cut-off, but payments have not yet been received
Approximately USD $350 million in fees for applications for new gTLDs have been received by the not-for-profit organization

ICANN expects to complete the notification process on or before Tuesday, May 8th, 2012.

See the full updated as emailed by ICANN below.

TAS Interruption – Update (4 May 2012)

Statement by Akram Atallah, COO

4 May 2012

The TLD Application System, or TAS, held 2091 applications – either submitted or in progress – when it was taken offline on 12 April 2012.

In addition, there are 214 potential applications that were registered prior to the 29 March cut-off date, but whose payments have not yet been received or reconciled.

ICANN has received approximately USD $350 million in fees for applications for new gTLDs.

As we have reported, we are in the process of notifying applicants whether they were affected by the software glitch, and plan to complete this process on or before Tuesday, 8 May. Shortly after that process is complete, we will announce the schedule for reopening TAS and completing the application period. Once the system is reopened, we will keep it open for at least five business days.

We appreciate your understanding as we work to bring the TLD application system back online.