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Dot-co sets example for dot-ca, says lawyer

Dot-co sets example for dot-ca, says lawyer

By:  Jennifer Kavur  On: 25 Aug 2010 For: ComputerWorld Canada Creator

A lawyer running for a seat on CIRA’s board of directors says the dot-ca domain has fallen behind in value and prominence, but CIRA's CEO says dot-ca is doing very well, with growth rates stronger than top-level domains like dot-com

Canada is lagging behind other countries in online commerce and the dot-ca domain is following suit, says Toronto-based lawyer Zak Muscovitch of The Muscovitch Law Firm, who hopes to secure a seat on the Board of Directors of the Canadian Internet Registry Authority (CIRA).

But dot-ca isn't struggling, according to Byron Holland, president and CEO of CIRA, the Ottawa-based non-profit organization responsible for managing the dot-ca domain space. 

“I need a seat on CIRA’s Board to push for less red tape in dot-ca registrations and to be a champion for increasing the value and visibility of  dot-ca domain names,” states Muscovitch in a release this week announcing his intention to run in CIRA’s annual elections next month.

Muscovitch said he’s concerned that Canadians “spend more time on the Internet than almost any other country” but “only have” roughly 1.5 million registered dot-ca names. “That doesn’t even put us in the Top 10 of countries for country code domain names,” he said.

“Domain names are the cornerstone of Internet commerce,” said Muscovitch. And this should be a concern for Canadians because “if we are not developing our own brand internationally, that means we are not attracting foreign investment,” he said.

Part of the solution is to make more “substantial investments” in marketing the dot-ca brand, he said. “Believe it or not, I would look to Colombia as a shining example of what to do,” he said.

Bogotá, Colombia-based .CO Internet S.A.S., the registry operator for the South American dot-co top-level domain, announced the general worldwide availability of dot-co names following a “landrush” and auction for premium domain names last month.

Almost 410,000 dot-co domain names were registered in over 180 countries within the first three weeks of the launch, according to a .CO Internet S.A.S. release.

“They’ve already registered 500,000 dot-co's, which is a third of what Canada has done in the last 10 years, and the way they’ve done this is by putting substantial marketing dollars behind the dot-co as a brand,” said Muscovitch.

Part of the problem in Canada is all the “red tape” involved in dot-ca registrations, he said. This includes getting and transferring the dot-ca name, which is “harder than getting your driver’s licence renewed,” he said.

“We have more regulations on the ownership and transfers of dot-ca's than almost any other country … In order to have a dot-ca, you have to have a Canadian presence and that just scares away any kind of foreign investment. And the mechanics of transferring a domain name from one person to another has killed the secondary market,” said Muscovitch.

The dot-ca domain is "doing very well," said Holland. "Our growth rate is very strong, particularly if you compare it to some of the generic top-level domains like dot-com," he said.  

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Jennifer Kavur Jennifer Kavur Jennifer Kavur was a senior writer for ComputerWorld Canada from 2008 to 2010.

Comments (18)

Dave Webb
by Dave Webb 8/25/2010 5:18:20 PM

One thing Mr. Muscovitch overlooks re: Colombia's tld is that it has a generic appeal to any company worldwide that has a "Co." appended to its name, much like Tuvalu's appeals to any company that deals with video. That's not the case with dot-ca. I can't see opening up dot-ca internationally driving registrations, except, as Mr. Holland suggests, from California. I agree that would dilute the identity. JMO.

Zakz
by Zakz 8/25/2010 7:04:20 PM

ave raises a good point of course; that the .co registry has been marketed as an international generic commercial domain name, which differentiates it from the .ca registry. Nevertheless, we have witnessed first-hand what a substantial marketing budget can accomplish with a good product to sell. CIRA has great in-house talen and with the right resources, can increase .ca registrations dramatically. As Byron points out, .ca registrations are on an upward trajectory. I would like to see that continue but even more dramatically.

Rod
by Rod 8/26/2010 9:22:55 AM

There isn't SUPPOSED to be any international appeal.

The only reason .ca .to .tv and a handful of others are even available internationally is that the governments of those countries decided that they needed the cash more than they needed a national identity on the internet.

Is Canada that hard up for money?

Jeff
by Jeff 8/26/2010 11:58:23 AM

Mr. Muscovitch raises some interesting points. Google's Canadian born CFO, Patrick Pichette, stated that "although Canadians spend more time online than just about any other nation in the world, advertising dollars and marketers haven't followed audiences online to the same degree as in other countries such as the United States and the United Kingdom." Canada is in serious danger of falling behind online and CIRA's red tape is a big part of this.

As well, the danger of Californian's coming to Canada raised by Mr. Holland seems like a straw man.

Colin
by Colin 8/26/2010 12:30:32 PM

As a multiple .ca holder and CIRA member I for one am glad there are restrictions on who can use a .ca domain. I want people to know that my domains are Canadian not some multinational pretending to be Canadian.

As to the complexity of obtaining a .ca domain. pfft. It really is not that complex.

Peter
by Peter 8/26/2010 2:01:07 PM

Colin, This is precisely the problem, the multinationals all do have .Ca domains-- What are IBM,Ebay,Amazon, Expedia,and so on,if not multinationals? They already have Canadian Subsidiaries. The small entrepreneurs whom may want to sell their goods and services into Canada from USA or elsewhere, are completely shut out!The internet does stop at the Canada USA border;it is global. The small businesses cannot enter nor have access due to these arcane regulations (and, as the cost of incorporation, annual tax filing fees and so on; are prohibitive ). This is hardly a level playing field as required by law. Furthermore there are many choices for investors in this field; be it. .coms, .biz, .net., .us,.co.uk. .pl, (and so on )- The whole world is competing for visibility on the net; and Canada wants to keep limit access?? Hardly the mandate that Cira is responsible for or there to provide! The reasoning that we have to keep Californians,or Americans or the rest of the world for that matter out runs contrary to the very purpose of the internet,and for that matter of the Cira mission ;and what in fact Cira should be strongly pushing to accomplish global presence as a Canada Brand.Generate interest and activity everywhere ;which in turn would generate investments for our business models on the net. What good is a .Ca domain without Content. Content and Development requires first of all some entrepreneurs willing to take a chance, and then financing.This field is a hard enough to begin with, and the chances of success are already slight, as anyone in this field will confirm.Why put sand in the machine; rather than putting oil.There are no restrictions to the use of .com or .net and so on.Investors will go to where they feel comfortable.Whereas in Canada, we are sending the message and to the rest of the world.Stay out Of Canada!- You are not welcome!This all starts out with a Domain Name--the real estate address. It is like saying you cannot own real estate here unless you are a multinational!

Its very clear that .CA is Canada; Cira is in Canada, Administration is in Canada.; .CA is governed by Canadian law. THIS IS IN ITSELF IS THE CANADIAN PRESENCE THAT EVERYONE HERE IS TALKING ABOUT AND IS SO CONCERNED ABOUT. These protectionist attitudes will simply lead to us being completely shut out from the world stage where investments in this sector are desperately needed. If we are not careful we loose all global relevance.This is what Cira should be concerned. This is the bigger picture.

Also,from a legal perspective by keeping USA goods and services (and or others out), through restrictive trade practices and in denying equal access to all parties; Cira may already be in breach of the Canada Competition Act;and, as well in breach of Agreements signed by NAFTA, assuring all participants (Canada, USA, and Mexico) - a level playing field.

Johnny Canuck
by Johnny Canuck 8/26/2010 4:52:15 PM

What does Muscovitch want? Does he want a .CA brand that means a Canadian web presence by a Canadian entity or is he thinking that Canadians need to think that they are buying from a Canadian entity? I like a brand to be clear in what it means. .CA is meant to conote Canada and should be reserved for use by entities with a Canadian base.

Reserving the .CA domain does not stop us from seeing sites in other domains, it does not stop a foreign company from selling to Canadians. Private companies protect their brands all the time.

Regarding investment - If you are an investor, wouldn't you want to know if the .CA company is Canadian or merely posing as Canadian. In the end, does it matter? Is it your domain that provides you with visiblity or is your business useful and smart enough to attract customers and investors!

Patrick
by Patrick 8/26/2010 6:56:14 PM

I own several .CA domains as a Canadian. However, why should we prevent small "mom n' pop' businesses that may be located in the US from trying to sell into Canada. Why shouldn't they be able to get a .CA domain? Major multinational companies like DuPont, Walmart, HomeDepot etc that have headquarters outside of Canada have their own .CA domains. There is so much more growth potential for .CAs. A country like Poland has more .PL domains registered than we do for .CAs. That just doesn't make sense to me.

Zak Muscovitch
by Zak Muscovitch 8/26/2010 6:58:54 PM

Regarding the Canadian Presence Requirements, I think that these need to be carefully reevaluated.

They have been around for close to ten years and they are due for reconsideration. If the goal of the CPR is to keep .ca's "Canadian", they have totally failed.

Anyone can register a .ca, no matter where they are in the world, by merely incorporating a business here at the cost of about $350, and filing annual corporate and income tax returns (a real hassle for small guys).

So what so "Canadian" about a guy or company from Arkansas spending $350? This requirement just favors large corporations who easily afford this entry fee and can easily handle the administration, and prejudices the small domain name investor or web developer who can contribute to Canada's internet presence and online commerce activities.

Many domainers I know have lost deals for .Ca's because of the futile and cumbersome CPR.

Furthermore, CIRA's CPR regulations even forbid joint ventures with foreigners in most situations, e.g. having a foreigner develop the site for you while paying a royalty or rent etc...This seems to be a very heavy handed and ill-advised policy that stifles development.

Which leads me to enforcement. There is no way to effectively 'catch' foreign registrations by non compliant registrants. It would just be too much work to do so effectively. This is another reason why we need to revisit this and perhaps explore what other ccTLD's are doing, such as merely require a Canadian nominee or office address in care of the registrar.

Thanks to everyone for their comments. Keep them coming! One of my objectives is to lead and encourage the debate, so I appreciate all of the feedback!

Peter
by Peter 8/26/2010 7:31:00 PM

Dear Johnny Canuck, If your arguments were valid, then why would Amazon, Ebay, IBM, Google, Toyota get a .CA; and not simply have one extension ..COM, for example. They are all American, or non resident- and yet choose to ride on the premise of being Canadian with .Ca extension as well. Why should they have this option and possibility; and the small businessman in the USA or elsewhere be made to go through contortions in order to do business in Canada? Why because the multinationals, are bigger and have more money, have accountants and lawyers in place, already and have an incorporation in Canada prior?How are they anymore Canadian than a guy who wants to sell organic produce form Upstate New York into Canada- and use a .Ca address--(not unlike Amazon or Ebay.;and be forced to incorporate at great expense and be bogged down red tape just to get started , and then with paper work and annual filings>- How is this a fair and level playing field as required by law?Let the big foreign corporations in; and keep small entrepreneurs out? What are we afraid of? Competition? If the business works then certainly after some time and the investment and venture makes sense they have this option,But in any case and all due respect Mr. John Canuck. i think that Industry Canada in reading The Competition Act and also The Nafta Rules; would very quickly come to the conclusion that there is something wrong with regulations which are restricting or stifling full and fair competition,and especially with our largest Trading Partner/USA..

Norm
by Norm 8/30/2010 1:51:33 PM

Wow, not having a .ca domain name and settling for a .com means you can't sell to Canadians? Really?!! (insert sarcasm here). As a consumer, if I want to deal with a commercial entity and don't care where they are I will look at the dot com. If I specifically want a Canadian presence I will look at both dot com and dot ca. Give me a break. This is being blown way out of proportion.

Bob
by Bob 8/30/2010 2:17:17 PM

We've been trying to change our address through our US registrar which handles .ca domains for CIRA for over a month. The extra steps required has forced us to put aside that until we have time to go through all the hoops.

We have no issue with having a Canadian presence for a name, however, get rid of the red tape with recpect to change of address, etc. It is so Canadian!!

Bob
by Bob 8/30/2010 2:17:18 PM

We've been trying to change our address through our US registrar which handles .ca domains for CIRA for over a month. The extra steps required has forced us to put aside that until we have time to go through all the hoops.

We have no issue with having a Canadian presence for a name, however, get rid of the red tape with recpect to change of address, etc. It is so Canadian!!

Kim Tyson
by Kim Tyson 8/30/2010 5:38:48 PM

I am from Canada. I just tried to register a .us domain to see how we stand in the vice-versa arena. They have the same requirements as the Canadian registrar with a few different twists.

1) You must have a US address,

2) The credit card you use must have a US address - I am assuming American express would get you through this.

3) You run the risk of having your domain suspended if the registrar thinks you are not from the US.

So if the .us domains are for companies/people that have a presence in the US, I don't see any fault in the .ca domains requiring a Canadian presence. This was obviously the intent behind the .ca suffix.

The word presence in this case means you don't just want to

sell 'to' Canada, it means you want to sell 'from' Canada and imply you are Canadian.

Until that changes you should be required to cough up the documents. However, there are flaws.

To take out the red tape, all companies when registered should get a .ca or .prov.ca domain name to match the company name as part of the process. (this would make Canadian Corporation name searches easier and less expensive - just check the internet - don't mention this to the search lawyers)

Incidently, my company registered before the .ca domains were available. However, I too have not purchased any .ca

domains because of the red tape.

I have 3 domains that relate to my products, not my company. Products are not Canadian entities and therefore do not qualify for .ca domains. etc. etc. This issue definitely needs to be addressed.

That's OK though because I have the better .com domains and I pay my fees to American registrars.

IE, I don't need .ca domains. If there was some sort of advantage to having a .ca domain I might persue it.

Perhaps that is what the CIRA (lawyer) hopeful is talking about - generating some sort of advantage to having .ca domains through advertising.

Andrew Daviel
by Andrew Daviel 8/30/2010 9:54:00 PM

Keep .CA for Canada and keep the oversight. We want a trusted brand, we don't want it filling up with scammers and get-rich-quick artists like .info and .to

As a consumer, if I go to a .CA site, I expect to see prices in Canadian dollars and shipping/taxes calculated for Canada, not an immediate redirect to .com in the US (or in the near future, China)

Peter
by Peter 8/31/2010 5:11:10 AM

Oversight can remain in Canada though a trustee or an administrative contact in Canada and with an address in Canada.The Canada brand will always be strong on its own merits -but not by forcing an Incorporation and annual filings on legitimate participants that are not multinationals.This deters and will continue to deter initial investments from entrepreneurs; which in turn will cause stagnation and a malaise.As a result we will be left behind.There is clearly a better way, or a middle ground in order to resolve these concerns.

Jeffrey Gabriel
by Jeffrey Gabriel 9/3/2010 10:09:11 AM

It is a common fact that small business is the lifeblood of any capitalistic economy. Creating barriers of entry for the "little guy" only creates confusion, added costs, missed opportunities, and most importantly stifles international trade. Canada is known for its stable economy, wealthy consumers etc., and for all practical reasons should have a world leading extension. At the moment it does not, and will never have one unless these restrictions are lifted.

I agree with the logic behind CIRA, wanting to protect their own, but this could easily be compared to an overprotective mother. Instead of eliminating these restrictions all together why not try a local trustee/admin contact instead of a costly corporation?

Zak, I wish you the best of luck, and I support all of your efforts!

CO Domains for Sale
by CO Domains for Sale 9/29/2010 1:37:31 AM

I found some nice .CO domains for sale here: intuitiveinvestments.com/.../co-domains

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