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.org now has no price caps, but “no specific plans” to raise prices

Kevin Murphy, July 1, 2019, 13:02:05 (UTC), Domain Registries

ICANN has rubber-stamped Public Interest Registry’s new .org contract, removing the price caps that have been in effect for the best part of two decades.

That’s despite a huge outcry against the changes, which saw the vast majority of respondents to ICANN’s public comment period condemn the removal of caps.

The new contract, signed yesterday, completely removes the section that limited PIR to a 10% annual price increase.

It also makes PIR pay the $25,000 annual ICANN fee that all the other registries have to pay. Its ICANN transaction tax remains at $0.25.

PIR, a non-profit which funnels money to the Internet Society, is now allowed to raise its wholesale registry fee by however much it likes, pretty much whenever it likes.

But PIR again insisted that it does not plan to screw over the registrants of its almost 11 million .org domains.

The company said in a statement:

Regarding the removal of price caps, we would like to underscore that Public Interest Registry is a mission driven non-profit registry and currently has no specific plans for any price changes for .ORG. Should there be a need for a sensible price increase at some point in the future, we will provide advanced notice to the public. The .ORG community is considered in every decision we make, and we are incredibly proud of the more than 15 years we have spent as a responsible steward of .ORG. PIR remains committed to acting in the best interest of the .ORG community for years to come.

That basically restates the comments it made before the contract was signed.

The current price of a .org is not public information, but PIR has told me previously that it’s under $10 a year and “at cost” registrar Cloudflare sells for $9.93 per year.

The last price increase was three years ago, reported variously as either $0.88 or $0.87.

ICANN received over 3,200 comments about the contract when it was first proposed, almost all of them opposed to the lifting of caps.

Opposition initially came from domainers alerted by an Internet Commerce Association awareness campaign, but later expanded to include general .org registrants and major non-profit organizations, as the word spread.

Notable support for the changes came from ICANN’s Business Constituency, which argued from its established position that ICANN should not be a price regulator, and from the Non-Commercial Stakeholders Group, which caps should remain but should be raised from the 10%-a-year limit.

There’s a bit of a meme doing the rounds that ICANN has been hit by “regulatory capture” in this case, following a blog post from ReviewSignal.com blogger Kevin Ohashi last week, which sought to demonstrate how those filing comments in favor of the new contract had a vested interest in the outcome (as if the thousands of .org registrants filing opposing comments did not).

But I find the argument a bit flimsy. Nobody fingered by Ohashi had any decision-making power here.

In fact, the decision appears to have been made almost entirely by ICANN employees (its lawyers and Global Domains Division staff) “in consultation with the ICANN board of directors”.

There does not appear to have been a formal vote of the board. If there was such a vote, ICANN has broke the habit of a lifetime and not published any details of the meeting at which it took place.

After the public comment period closed, ICANN senior director for gTLD accounts and services Russ Weinstein prepared and published this comment summary (pdf), which rounds up the arguments for and against the proposed changes to the contract, then attempts to provide justification for the fait accompli.

On the price caps, Weinstein argues that standardizing .org along the lines of most of the other 1,200 gTLDs in existence fits with ICANN’s mission to enable competition in the domain name industry and “depend upon market mechanisms to promote and sustain a competitive environment”.

He also states:

Aligning with the Base gTLD Registry Agreement would also afford protections to existing registrants. The registry operator must provide six months’ notice to registrars for price changes and enable registrants to renew for up to 10 years prior to the change taking effect, thus enabling a registrant to lock in current prices for up to 10 years in advance of a pricing change.

This appears to be misleading. While it’s true that the new contract has the six-month notice period for price increases, so did the old one.

The new contract language takes several sentences to say what the old version did in one, and may remove some ambiguity, but both describe the notice period and lock-in opportunity.

If there’s a problem with how the new .org contract was signed off, it appears to be the lack of transparency.

It’s signed by GDD senior VP Cyrus Namazi, but who made the ultimate decision to sign it despite the outrage? Namazi? CEO Göran Marby? It certainly doesn’t seem to have been put before the board for a formal vote.

What kind of “consultation” between GDD and the board occurred? Is it recorded or noted anywhere? Was the board briefed about the vast number of negative comments the price cap proposal elicited?

Are public comment periods, which almost never have any impact on the end result, just a sham?

In my view, .org (along with .com and .net) are special cases among gTLDs that deserve a more thorough, broad and thoughtful consideration than the new .org contract received.

UPDATE: This article was updated at 1600 UTC to correct information related to .org’s current wholesale price.

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Comments (3)

  1. Rubens Kuhl says:

    I bet that PIR interest in this is not the ability to do pricing hikes wholesale, but to do per-label pricing, notably for reserved or deleted domain names.

  2. Green Jobs says:

    If they can raise prices, they will.

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