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ICANN is blocking 23 gTLD transfers over blockchain fears

ICANN is objecting to the transfer of 23 new gTLDs from UNR to an unknown number of third parties, because it’s scared that the associated non-fungible tokens may break the internet and its own authority over it.

The mystery of how UNR’s auction in April of its entire new gTLD portfolio has so far not resulted in a single ICANN Registry Agreement changing hands appears to have been solved.

It’s because UNR bundled each contract sale with a matching top-level “domain name”, in the form of an NFT, on the Ethereum Name Service, an alt-root based on the Ethereum blockchain, and ICANN is worried about what this means for both the long-term interoperability of the DNS and its own ability to act as the internet’s TLD gatekeeper.

This all emerged in an emergency Request for Reconsideration filed by a company called Dot Hip Hop, which bought .hiphop from UNR earlier in the year.

It turns out .hiphop is the TLD alluded to by Digital Asset Monetary Network, which in October became the first to out itself as a UNR buyer while not naming its gTLD. The purchase was made separately from the April auction, despite .hiphop being “mistakenly” listed as one of the lots.

It also turns out that consultant Jeff Neuman, who’s been a leading figure in the ICANN community since its inception, was behind long-time employer Neustar’s application for .biz, and is a big fan of musical theater, is chief legal officer of and a partner in DHH.

In his reconsideration request, Neuman rages against the fact that it had been over 120 days at time of writing since DHH and UNR had applied to have the .hiphop contract reassigned, but that ICANN is continuing to drag its feet despite DHH long ago passing its due diligence review (which Neuman says cost an excessive $17,000).

DigitalAMN lists DHH as a subsidiary in its recent Securities and Exchange Commission filings. The company is publicly listed but essentially pre-revenue, making its ability to start selling domain names rather quickly rather important.

ICANN has repeatedly delayed approval of the reassignment, provided no visibility into when approval will come, and has repeatedly asked the same questions — largely related to the NFTs — with only slight rewording, Neuman says:

ICANN Org has already communicated to DHH that it has already met all of the criteria required under the Registry Agreement. Yet still, ICANN is withholding consent based on its mere curiosity about the former owner of the .hiphop, TLD (UNR Co), and based on the questions that ICANN keeps re-asking, has presumably conjured up non-issues that: (a) have already been addressed by DHH on multiple occasions over the past 123 days, (b) are beyond the scope of ICANN’s mission, and (c) are philosophical, fictional and frankly do not exist in this matter.

The ENS NFT is a “de minimus” component of the transaction that DHH didn’t even know about until after it had already decided to buy .hiphop, the request states, and ICANN has no authority over the blockchain so the existence of an NFT is not a valid reason to deny the reassignment.

I think I also detect a race card being played here. The RfR spends a bit of time talking about how ICANN’s foot-dragging is making the Org look bad to “traditionally underserved communities where the Hip Hop culture has thrived, globally”.

Apparently referring to DigitalAMN, the RfR states:

In addition to such partner being established at the birthplace of Hip Hop (Bronx New York), by its founder who shares the same birthdate as Hip Hop (August 11th), its mission is to provide financial literacy and economic opportunities for those communities and cultures that are traditionally under-represented, under-funded and under-valued.

DigitalAMN is majority-owned and led by Ajene Watson, who is black. One of company’s stated goals is to connect early stage companies with capital from non-traditional investors (not just the “privileged few”) using non-traditional means.

The RfR goes on to say:

The most dominantly underserved, under-funded and under-valued communities, are also those that embrace and are part of the Hip Hop culture. This Partner has embraced what seemed to be an opportunity to provide domain name registration services to a culture that knows nothing of ICANN, nor the domain name industry. Now, its first impression of the ICANN community is unnecessary delay, a lack of transparency, and bureaucratic indecision—just another gatekeeper to prevent equitable access. In their eyes, they consistently see deadlines that are never met (by ICANN), a lack of information as to why their launch is being held up, and an entity (ICANN) that takes weeks/months to act on anything with no end in sight. In their view, it would appear that ICANN, as an organization, cares nothing about serving the public interest, or about the impact of its actions (or in this case inactions) on the undervalued communities this Partner aims to support.

It should be noted that 22 other unrelated UNR gTLD reassignments are also in limbo, so it’s not like ICANN has a problem in particular with hip-hop music or those who enjoy it.

ICANN, in its response to the RfR, lays all the blame with UNR for, it says, refusing to provide “fulsome and complete” answers to its questions about the NFTs. In a December 10 letter to Neuman, ICANN VP Russ Weinstein wrote:

Significant questions remain, including regarding the role and rights conveyed to the proposed assignees related to the NFTs created on the ENS. For these reasons, ICANN must continue to object to and withhold its consent to all pending Assignments proposed by UNR, including yours.

The RfR was denied by ICANN’s Board Accountability Mechanisms Committee on a technicality. DHH had filed an “emergency” request based on ICANN’s staff inaction, but emergency requests only apply to board action or inaction.

Neuman appears to have known this in advance. It appears DHH just wanted to get something in the public record about the state of play with UNR’s gTLDs.

ICANN seems to have two problems with the NFTs, and they’re both big, existential ones.

First, ENS is essentially an alt-root, and when you have competing roots there’s the risk of TLDs colliding — two or more registries claiming authority for the same TLD — breaking the global interoperability of the internet.

Second, but related, the existence of alt-roots threatens ICANN’s authority.

ICANN has no authority over ENS or the NFT names that live on it, so for a registry to run a TLD in the both the authoritative ICANN root and the alt-root of the ENS could cause problems down the road.

While NFTs can be “owned”, gTLDs are not. UNR is merely the party ICANN has contracted with to run .hiphop. While UNR and any subsequent assignees have a presumptive right of renewal, it’s possible for ICANN to terminate the contract and hand stewardship of the gTLD to another registry. It’s not merely a hypothetical scenario.

Should that ever happen with .hiphop, ICANN wouldn’t have the authority to seize the ENS NFT, meaning the old registry could carry on running .hiphop in the ENS while the new registry runs it in the ICANN root, again breaking global DNS interoperability.

You could spin it either way — either ICANN is worried about interoperability, or it’s worried about protecting its own power. These are not mutually exclusive, and are both probably true.

One thing’s the sure, however — in roadblocking these gTLD transfers, ICANN is playing into the hands of critics and blockchain fanboys who argue for decentralized control of naming, with ICANN as their bogeyman.

GoDaddy gets another year to negotiate .xxx contract

Kevin Murphy, December 15, 2021, Domain Registries

ICANN and GoDaddy seem to have missed their deadline for long-term renewal of their .xxx registry agreement for a second time.

The contract was extended earlier this week until December 15, 2022, giving the parties another full year to bash out whatever amendments are needed.

The initial deal, signed in 2011, was due to expire March 31, but was extended until today to give more time for renegotiation.

.xxx was the last gTLD approved prior to the 2012 application round, and as such it has a few differences to the standard gTLD contract.

The fee structure is particularly complicated; originally, the registry had to pay ICANN $2 per domain, to stuff ICANN’s war chest for anticipated litigation, but that has been reduced through amendments over the years.

ICANN is always keen to bring older contracts into line with the standard Registry Agreement.

The .xxx contract, like legacy gTLDs before it, will be subject to public comment before approval.

GoDaddy is currently pushing renewals for its AdultBlock trademark-protection services.

GoDaddy wins .tv contract after Verisign blows off 20-year deal

Kevin Murphy, December 14, 2021, Domain Registries

GoDaddy is taking over the contract to run .tv from Verisign, after Verisign didn’t even bother to bid for renewal.

The deal brings to an end a relationship between Verisign and the tiny Pacific island nation of Tuvalu that has lasted 20 years and contributed millions to the country’s economy.

The country’s communications ministry said on its Facebook page that GoDaddy Registry was selected after a “competitive tender process”, but DI understands that Verisign did not participate.

While terms of the new GoDaddy deal have not been disclosed, it seems likely that Tuvalu was looking for a far bigger slice of the pie than the $5 million a year it was getting from Verisign, and for moneybags Verisign, with its .com cash-printing machine, it simply wasn’t worth the hassle.

Tuvalu has around 11,000 inhabitants and gross national income of around $60 million — its .tv money was a big deal for the country, even at the amount Verisign was paying.

With a likely bigger chunk of change coming from GoDaddy, it’s going to have more to invest in what it calls its “digital nation” strategy, which appears to involve investing heavily in blockchain-based technologies to compensate for the fact that it may well disappear beneath the waves over the next few decades.

.tv is a cornerstone of this strategy, the government says.

There’s thought to be at least half a million registered .tv domains, and the bog-standard non-premiums retail for about $50 a year, so it’s been a nice little earner for Verisign over the last two decades.

The company first took on .tv in 2001 when it acquired startup .tv Corp, which had inked the original deal with Tuvalu in 1998, for $45 million. The contract has been renewed a few times since then.

The ccTLD was the first example of a mainstream TLD offering tiered pricing, with premium strings carrying bigger price tags — controversial 20 years ago, almost standard practice today.

There have been reports over the years that the country thought it was getting short-changed by the deal, and the contract was put up for bidding earlier this year.

Despite reports that the tender seemed suspiciously tailored for a Donuts win, it seems GoDaddy has emerged the victor.

One can only assume it’s offered Tuvalu a bigger slice of the pie, which is what it had to do (under its previous incarnation as Neustar) to keep hold of the contract to run Colombia’s .co last year.

Neither Verisign nor GoDaddy has publicly released a statement about the switch. While it’s a lot of money, it’s not strictly material to either company’s already swollen top lines.

EURid’s CEO is retiring

Kevin Murphy, December 9, 2021, Domain Registries

EURid’s long-serving CEO is leaving and the company has started looking for someone to fill the role.

A spokesperson for the .eu registry told DI this morning that Marc Van Wesemael is planning to retire after his replacement is found, which should be a matter of months.

Van Wesemael has been CEO (general manager) of the Belgium-based company since its foundation and since it was first awarded the contract to run .eu way back in 2005.

EURid announced without sentiment or fanfare this week that candidates should apply via an agency on this LinkedIn page.

Given the nature of the role as an EU government contractor, the company is looking for somebody familiar with the workings of the European Commission.

Van Wesemael’s departure announcement comes just a few months after EURid was re-awarded the contract to run .eu and its Greek and Cyrillic variants for another five years, giving his successor some breathing room.

.org back-end deal will come up for re-bid, PIR says as it acquires four new gTLDs

Kevin Murphy, December 8, 2021, Domain Registries

The industry’s most lucrative back-end registry services contract will be rebid, Public Interest Registry said today.

The deal, which sees PIR pay Afilias $18.3 million a year to run .org, according to tax records, will see a request for proposals issued in the back half of 2023, according to PIR.

Given that’s two years away, it’s strange timing for the announcement, which came at the bottom of a press release and blog post announcing that the company is acquiring four new gTLDs, three of which belong to Afilias’ new owner, Donuts.

PIR said Donuts is to transfer control of .charity, .foundation and .gives, which will be “reintroduced” to the market. .foundation currently has about 20,000 registered domains; the other two have a few thousand each.

It’s also acquiring the unlaunched gTLD .giving from a company called Giving Ltd.

All four are on-message for PIR’s not-for-profit portfolio, which also includes the barely-used .ngo and .ong for non-governmental organizations.

Those two gTLDs are getting decoupled, allowing registrants to register one without having to buy the other, PIR also said today.

The last time the PIR back-end contract came up for renewal, in 2015, Afilias was also the incumbent but increased competition — it was up against 20 rivals — meant that its slice of .org revenue was cut in half.

EURid to drop 48,000 Brexit domains in one day

Kevin Murphy, November 23, 2021, Domain Registries

All the .eu domain names formerly belonging to Brits and UK residents will be released for registration on a first-come, first-served basis in one day, EURid announced today.

There are about 48,000 of them, and they’ll be released in batches starting at 0900 UTC on January 3, two days later than the previously announced date, the registry said.

The names all belonged to UK registrants that lost their eligibility when the country left the EU in January last year.

There were almost 300,000 .eu domains registered in the UK at the time of the Brexit referendum in 2016. Most have since dropped or been transferred to EU-based entities or EU citizens that still qualify.

Google to release another new gTLD next month

Kevin Murphy, November 19, 2021, Domain Registries

Google Registry is gearing up to unleash another gTLD from its stockpile of unreleased strings next month.

The gTLD is .day, one of over 100 that Google applied for in 2012 after a reported brainstorming session at the company.

According to its application:

The specialization goal of the proposed gTLD is to offer a new Internet environment that allows users to create and organize events that have or will occur on a particular day. The proposed gTLD will provide a single domain name hierarchy for Internet users globally to promote celebrations, such as a holi.day, wedding.day, or birth.day.

With that in mind, it’s difficult to see .day being a high-volume TLD along the lines of Google’s popular .app or .dev gTLDs.

While the company itself doesn’t seem to have addressed the launch publicly, it has given details to registrars and informed ICANN about its start-up dates.

It started a Qualified Launch Program program earlier this week. That’s where it gets to hand out a limited number of domains to hand-picked anchor tenants.

The sunrise period, restricted of course to trademarks, begins December 14 and ends January 24.

General availability starts January 25, according to registrars and ICANN records, with a seven-day Early Access Period during which domains can be purchased at daily-decreasing premium prices.

Full regular-price general availability begins February 1.

XYZ counting standard sales as “premiums” because its fees are so expensive

Kevin Murphy, November 19, 2021, Domain Registries

Portfolio gTLD registry XYZ appears to be counting regular sales of domains in certain TLDs as “premium” wins, because the base reg fee is so high.

The company said in a recent blog post that it sold over 270 “premium” names in October, but it added the following caveat:

Premium XYZ Registry domains refer to premium domains for extensions with standard and premium domains, and XYZ’s premium namespaces such as .Cars, .Storage, .Tickets, .Security, etc.

So if a name in a .com-equivalent priced TLD such as .xyz had been flagged as a premium by the registry and sold for a few thousands bucks, that counts as a premium sale, but any sale at all in .cars, where all domains cost a few thousand bucks regardless of the second-level string, also counts as a premium.

This reporting practice appears to bring in .security, .storage, .protection, .car, .auto, and .theatre, which all retail for four figures as standard. It also includes .tickets, where you won’t get much change out of a grand. It doesn’t include the fourth member of the cars family, .autos, where domains are priced as .com-equivalent.

I’m not sure how I feel about this.

You can’t accuse the registry of being misleading — it’s disclosing what it’s doing pretty prominently mid-post, not even reducing the font size.

And you can’t reasonably argue that a standard $3,000 .cars domain, which renews at $3,000 a year, for example, has less claim to the adjective “premium” than a domain in .hair that has a premium-tier EPP code selling for $3,000 but renewing at $20.

It just feels weird to see the word used in this way for what appears to be the first time.

Nominet names Paul Fletcher new CEO

Kevin Murphy, November 18, 2021, Domain Registries

Nominet has named Paul Fletcher as its new CEO.

He’ll join the company in February, filling the spot vacated by Russell Haworth, who quit earlier this year a few days before he could be fired by members.

Fletcher is currently CEO at BCS, the Chartered Institute for IT, Nominet said. BCS, formerly the British Computer Society, is also a membership organization, with 60,000 members.

Nominet is currently headed by interim CEO Eleanor Bradley, one of the directors removed from the board at the company’s fractious Emergency General Meeting in March.

Fletcher will join the board at the same time as he joins Nominet, the company said.

CentralNic takes over a dead dot-brand

Kevin Murphy, November 18, 2021, Domain Registries

CentralNic has become the latest company to pounce on a dot-brand gTLD that was on its way to the dustbin of history.

The ICANN contract for .case was transferred to a London company called Helium TLDs, a CentralNic subsidiary, last week.

That company was previously called FANS TLD, and was the vehicle CentralNic used to acquire .fans from Asiamix Digital in 2018 before later passing it on to Hong Kong-based ZDNS International.

I believe something similar is happening here.

.case was a dot-brand owned, but never used, by CNH Industrial, which Wikipedia tells me is an American-Dutch-British-Italian company that makes about $28 billion a year making and selling agricultural and construction machinery. Diggers and forklifts and such.

CNH also managed .caseih, .newholland, and .iveco for some of its other brands, but these contracts were terminated earlier in the year.

The company had also asked ICANN to cancel its .case agreement, but that seems to have attracted acquisitive registry operators, and the termination request was withdrawn as I noted in September.

While terminating a dot-brand can often be seen as a lack of confidence in the dot-brand concept, selling off the gTLD to a third party rules out reapplying for the same string in future and can be seen as an even deeper disdain.

Now, .case is in CentralNic’s hands. I believe it’s the first dot-brand the company has taken over.

Rival registries including Donuts, XYZ and ShortDot have also swept up unwanted dot-brand gTLDs, stripped them of their restrictions, and repurposed them as general-purpose or niche spaces.