.web hit by second ICANN complaint

Altanovo Domains, the Afilias spin-off that is fighting Verisign for control of the .web gTLD, has filed a second Independent Review Process complaint with ICANN.

The filing could add years to Verisign’s launch runway for .web, which it won via secret proxy Nu Dot Co at auction in 2016.

ICANN has not yet published the IRP complaint — presumably it’s being redacted to remove commercially confidential information — but documentation shows Altanovo has “filed” an IRP.

Altanovo and ICANN has been in a Cooperative Engagement Process — a form of negotiation designed to avoid an IRP — since May 3, but a document published July 19 shows that the CEP is now over.

It was quite a brisk process. Other CEPs have been known to last many months.

When the CEP first emerged in May, Verisign was pretty brutal in its reaction, accusing Altanovo of “delay for delay’s sake”.

As the second-place bidder, Altanovo could stand to take control of .web if Verisign’s bid was found to be outside the rules. That was the focus of the first IRP case, which lasted almost four years.

The first IRP panel ruled that ICANN broke its bylaws by failing to consider whether Verisign secretly bidding via NDC broke the new gTLD program rules. But ICANN a couple months ago finally bit the bullet and ruled that Verisign did no wrong.

ICANN decided not to rule on whether Altanovo, then Afilias, broke the auction rules by communicating with NDC during a comms blackout period.

The specific allegations in the new IRP are not yet known. The IRP is only for complaints about ICANN’s actions or inaction breaking its own bylaws and other foundational documents.

Registering .cv domains might become easier

The ccTLD for Cape Verde has a new technical manager and might be about to liberalize and standardize its registration process to make it more accessible to foreign registrants.

ARME, the local government regulator and .cv’s sponsor, said it has signed a five-year-contract with WhoGoHost, a Nigerian hosting company and ICANN-accredited registrar, to manage the TLD.

From the announcement, machine-translated from Portuguese, it appears that WhoGoHost will migrate .cv to a new registration system and manage the domain as part of the government’s digital globalization strategy.

CV of course stands for “curriculum vitae” in Anglophone countries, so there could be a market for .cv domains elsewhere in the world.

.cv domains currently cost the Cape Verdean Escudo equivalent of about $10 a year from the current registry, but registrars selling internationally typically charge over $150 due to it being a largely manual process.

The registry and registrars say that the TLD is currently limited to trademark owners. The registration process can take days to months. It’s believed to have only a few thousand domains under management.

The smart thing to do, to increase visibility and accessibility internationally, would be to dump the reg restrictions and switch to a standardized EPP back-end, enabling registrars to plug in relatively simply.

Cape Verde is a former Portuguese island colony off the coast of West Africa. It has a population of about half a million.

Nominet admits membership fees mistake

Nominet has told DI it made an honest mistake when it made claims about its historical membership fees, after a pressure campaign accused the .uk registry of “misleading” its members.

The company is currently holding a public consultation on sweeping revisions to its Articles of Association, but the WeightedVoting.uk campaign, led by lawyer Jim Davies, reckons that Nominet has been violating its current Articles for years.

WeightedVoting supporters believe Nominet has been unlawfully receiving millions of pounds of membership fees for the last 25 years. This week, Davies accused the company’s leadership of either being ignorant of Nominet’s own history or “deliberately misleading” members by claiming it “has always had a flat membership fee for all Members”.

Today, about 2,500 members pay a £500 joining fee and annual renewals of £100. Their voting rights are calculated based on how many domains under management they have, using a formula so complex even Nominet sometimes gets it wrong.

The system, while it caps the amount of influence any one member may have, means that the larger registrars such as GoDaddy and Tucows have more votes when it comes to things like electing directors.

Last year, Davies, with the backing of a KC and other members, claimed that this system was not envisaged under Nominet’s Articles of Association, which date back to 1996, and that collecting a flat membership fee was therefore illegal, which Nominet has denied.

WeightedVoting claims Nominet is instead supposed to have a tiered membership system where members get more votes by paying higher membership fees. An archived page from Nominet’s web site seems to support this, but Nominet chair Andy Green allegedly told members recently that this system was never actually implememnted.

“Tiered subscriptions were clearly intended by those who established Nominet and that is reflected in the Articles,” Davies wrote yesterday. “Those Articles have not been followed since 1997. Nominet is breaking the law by doing so. It also has no power to charge subscriptions at present”

Now Davies says members have found an old Usenet* post from 1996 in which a member of the fledgling registry explains how his company, pioneering dial-up ISP Demon Internet, had just paid the maximum £5,000 for 10 votes.

Presented with this new evidence, a Nominet spokesperson told DI:

Members pointed out that we made a mistake in a document supporting the consultation to update our articles of association, as we bring them in line with current practice.

We initially believed that tiered membership fees had never been implemented by Nominet. It has been our long-standing practice to charge a flat fee for all members regardless of their size. Having been made aware that some members paid more in the very early days – from incorporation in 1996 to 1997 – we are correcting the document. Our data retention policies mean that we do not have records of invoices from so long ago. This was an error, and not an attempt to mislead anybody.

We recognise our articles of association are complex and in need of updating, hence the very process to get members involved in this consultation.

Iain Mitchell KC, who wrote a legal opinion for WeightedVoting, reckons Nominet could be on the hook for £1.5 million if it is forced to refund fees, with statutes of limitations limiting liability to the last six years.

(*For the kids… Usenet is a decentralized system of text discussion groups that was popular in the 1980s and 1990s. Think Reddit, but made of glowing green text on monochrome Unix terminals like in The Matrix or something. It still exists, but the learning curve required to use it probably isn’t worth the effort.)

Freenom is losing another ccTLD after collecting military emails

Controversial free domains provider is reportedly losing its contract to manage Mali’s ccTLD, its second loss in as many months.

The Financial Times quoted Freenom CEO Joost Zuurbier as saying a 10-year-deal with Mali’s government to run .ml was due to expire yesterday. I reported last month that the deal looked like it was ending.

Gabon has also cancelled its contract with Freenom, saying it was bringing the country into disrepute due to the high levels of spam and abuse associated with .ga domains.

And now it seems that along with running a stable of spam-friendly ccTLDs for a decade, Freenom has also vacuumed up over a hundred thousand emails destined for the US military, which uses the highly restricted .mil TLD.

Zuurbier told the FT that he set up email accounts at navy.ml and army.ml domains shortly after taking over .ml in 2013, and quickly started receiving emails intended for American military personnel, before shutting the accounts down.

While he said nothing was marked confidential, the extensive list of documents he reportedly received, according to the FT, appears to frequently include things you wouldn’t want your enemy to read, such as medical data and financial records.

Now that .ml is reverting to Mali government control, there’s a risk this kind of information could fall into enemy hands, the FT reported. Mali is allied to Russia, which at this point in history is no friend of the US.

Zuurbier said he’s been pestering the US government and military for the last 10 years to get them to do something about the problem. The military told the FT it blocks outgoing emails to .ml domains from its own network. There’s presumably little it can do about emails sent from other domains.

Freenom got its ICANN registrar accreditation suspended in 2015 for cybersquatting its competitors. The company is also being sued for cybersquatting by Facebook owner Meta.

It’s not been possible to register new domains in any of the company’s ccTLD since last year.

ICANN takes over country’s ccTLD after Hall of Famer’s death

ICANN has assumed temporary ownership of .lb, the ccTLD for Lebanon, after the death of the man who founded the registry and managed it for 30 years.

IANA, in an unprecedented move, has made itself the “caretaker” sponsor and admin contact for .lb, according to the official record, which changed on Thursday.

The Org replaces the American University in Beirut, which as the name suggests is an American-owned university in Beirut, as sponsor and Lebanese Domain Registry as the admin.

It appears that AUB has not been involved with running .lb for a few years, having terminated its relationship with LBDR in 2020, and has told IANA that it is no longer the ccTLD’s sponsor.

AUB’s disassociation with LBDR, which appears to have been quite acrimonious, forced the registry to move onto CoCCA’s managed registry platform, where it still sits today.

Nabil Bukhalid, LBDR’s founder and a member of ISOC’s Internet Hall of Fame, had been trying to secure a permanent home for .lb for years, according to a history of the domain on the registry’s web site.

But he died unexpectedly of a heart attack while on vacation in January this year, leaving Lebanon’s domain in a bit of a limbo.

Kim Davies, head of IANA, revealed in a letter posted today (pdf) that .lb has been managed by Bukhalid’s “associates” for the last six months.

He said ICANN has approved a new “caretaker” role for IANA, and that the designation “will signal that there is an extraordinary and temporary operational situation”.

“IANA will continue to work with Bukhalid’s known associates to ensure the ongoing operation of the domain, until such time as a qualified successor is identified through a normal ccTLD transfer request process, at which time the caretaker designation will be removed,” he wrote.

.lb is believed to have fewer than 5,000 domains under management.

Bukhalid’s struggle to secure a successor played out against the backdrop of a Lebanese government that has far more important things to worry about. The country has been in a deep financial crisis since 2019, a situation exacerbated by the Covid-19 pandemic, a revolution, and one of the largest accidental non-nuclear explosions in human history.

The economic crisis was such that Bukhalid was forced to incorporate LBDR in Delaware a couple years back.

“We are establishing this designation out of an operational necessity. There appear to be no specific policies that govern a situation where the existing designated ccTLD manager no longer performs its role but there is no obvious successor,” Davies wrote.

He suggested that the ccNSO may want to consider creating a policy for this kind of scenario.

Similar situations could occur in future, I reckon, if increasingly grey and wrinkly Postel-era “Just Some Guy” ccTLD sponsors don’t make arrangements for their heirs.

Davies said in his letter that the “caretaker” designation has been used once before, for Libya’s .ly in 2004. But it’s the first time IANA has been a caretaker, and the Libya experiment went spectacularly badly.

ICA baffled by plan to outlaw domaining in India

The Internet Commerce Association isn’t happy about a plan to ban domain investing in India’s .in domain, saying it will “destroy a valuable and thriving secondary market”.

NIXI, the government-overseen ccTLD registry, already has a policy in its Registrar Accreditation Agreement that bans registrars from “squatting, grabbing, hoarding, infringement, auctioning, drop catch or selling of the .IN domain names at a exceptionally higher price than the published MRP”.

The registry says that registrars are using registrants as proxies to get around this rule, and is now proposing to extend the ban from registrars to registrants as well.

It’s the latest in a series of strange, Draconian policy pronouncements from NIXI, which increasingly gives the impression of being ruled by fiat. Last year, it banned people from buying more than two domains at once.

The ICA, which represents the interests of domainers, has responded to the policy proposal with 10 arguments against it, largely designed to shame NIXI for acting against the Indian government’s pro-market stance, suggesting the change may well be illegal, and pointing out it is probably shooting itself in both feet at once, financially speaking.

On that last point, ICA general counsel Zak Muscovitch wrote:

NIXI will potentially face a dramatic loss of revenue as a result of its purported policy change as affected registrants will be compelled to drop their domain names and thereby not remit any renewal fees or fees for new registrations. In effect, NIXI will be going backwards in time by greatly reducing the number of registrations and its associated revenue thereby possibly having to rely upon new government funding for its operations

The number of affected registrations could potentially be in the hundreds of thousands or millions. You would be well advised to conduct a study to determine the volume of affected registrations prior to making such a monumental decision. After changing the policy, you will likely no longer be “one of the Fastest Growing Domain in the Asia Pacific”, but rather the opposite.

While NIXI does not regularly publish its numbers, it is believed to have well over three million domains under management. It’s a big ccTLD, but relatively small compared to India’s population of 1.4 billion. The only other country with a comparable population, China, has about 20 million .cn domains.

No $8 million discount for dot-brands, says ICANN

ICANN has rejected a request for a 80% discount on registry fees paid by dot-brand gTLD operators.

The Brand Registry Group had asked ICANN in May for a reduction in the annual fixed fee from $25,000 to $5,000, largely on the basis that they have essentially no abuse and require very little Compliance oversight.

But interim CEO Sally Costerton has now responded to “respectfully decline” the request, which would have wiped out about $8 million of ICANN’s annual budget, about 5% of its total revenue.

“The cost to support New gTLDs is not merely based on the number of domains under management or the level of abuse. Regardless of the size of the TLD, registry operators must still comply with the Registry Agreement and associated policies, and ICANN must monitor that compliance,” Costerton wrote.

Dot-brands already have lower fees because they uniformly don’t pass the 50,000 domains limit at which transactional fees kick in, she said.

There are mechanisms in the Base Registry Agreement that all amendments to be made, she said.

Buckingham leaves Nominet’s board early

Nominet director Phil Buckingham has stepped down from Nominet’s board of directors just a few months before his seat comes up for reelection.

Nominet said he was leaving the board for personal reasons immediately.

He was a member-elected non-executive director approaching the end of a three-year term. He will not stand for reelection, Nominet said.

The company, which runs .uk, opened up the seat for nominations in April and will hold a vote in September.

Identity Digital is gobbling up Verisign’s back-end business

Verisign appears to be getting out of the new gTLD back-end registry services business, with Identity Digital taking over most of its dot-brand contracts.

Since 2018, over 80 gTLDs have moved from Verisign’s back-end to a competitor or have been removed from the DNS altogether. Over the same period, it hasn’t won any business from any of its rivals, according to data I’ve compiled.

Over the last few months about 30 new gTLDs have moved their technical back-end from Verisign to competitors, all but two to Identity Digital. Nominet and CIRA picked up a gTLD deal each.

Verisign tells me it’s not interested in providing new gTLD back-end services any more. A Verisign spokesperson said in an email:

In the case of the back-end services we provide to new gTLDs, we continually evaluate our business objectives and a few years ago, we decided that we would not be renewing our current new gTLD registry services customers and that we would help them transition before their contracts expired if they wished.

gTLDs moving home recently include .bosch, .crown, .chanel, .next, .nikon, .juniper and .fidelity.

Given the sheer number of gTLDs going to Identity Digital, it appears that there may be a side deal between the two registries to recommend migration to ID, but both companies declined to comment on that suggestion.

In 2012, Verisign had signed on to be the back-end for 220 new gTLDs, mostly dot-brands. Not all of those made it through the application process, but today my database has the company as RSP-of-record for fewer than 80 2012-round labels.

The company was said to be among the priciest option for dot-brands, trading on decades of .com uptime prestige, but the need for an RSP with 150 million domains under management is debatable when your gTLD is essentially just parked.

And for Verisign, the dot-brand business is not material to revenues and probably not especially profitable, at least when compared to the vast amounts of cash .com effortlessly generates.

In 2021, Verisign lost its deal to manage .tv to GoDaddy, after it declined to compete presumably due to the anticipated lower profit margins.

o.com auction likely a damp squib after Overstock rebrand

Verisign’s long-planned auction of the single-character domain o.com is looking even less likely, with its most motivated bidder completely rebranding its company.

Overstock.com, which had been lobbying for Verisign to release the domain since at least 2004, said this week it’s bought the intellectual property assets of bankrupt rival furniture retailer Bed Bath & Beyond for $21.5 million, and will rebrand accordingly.

That means it will drop Overstock.com the brand and overstock.com the domain, in favor of bedbathandbeyond.com in the US. The rebrand of its equivalent Canadian sites under .ca will come first.

The domain switch will presumably be less chaotic than the company’s attempt to rebrand as O.co in 2011, which caused huge confusion in .com-loving North America and was quickly reversed.

The change of course means that Overstock now has no motivation to bid on o.com, should Verisign ever actually get around to exercising its hard-won right to sell off the domain for charity.

All but a handful of single-character .com domains have been reserved for decades, but Verisign was given permission to sell o.com by ICANN in 2018 after years of pleading by Overstock founder Patrick Byrne.

Byrne quit Overstock not long after ICANN gave the nod due to his involvement with Russian spy-turned-politician Maria Butina and evidently took his obsession with o.com with him.

Disclosure: over a decade ago, I provided consulting services to a third party in support of the release of o.com.