Latest news of the domain name industry

Recent Posts

Two American women appointed to ICANN board

Kevin Murphy, October 5, 2020, Domain Policy

In a move that will surprise nobody, ICANN’s Nominating Committee has maintained the status quo on the ICANN board of directors by reappointing two of its previous selections.

NomCom’s two picks are Sarah Deutsch and Avri Doria, both of whom were selected in 2017 and have their first three-year term expiring later this month.

Deutsch is an intellectual property lawyer in private practice. She spent most of her career lawyering for Verizon. She’s also a director of the Electronic Frontier Foundation.

Doria is a consultant who has spent most of her time at ICANN on the non-commercial side of the house.

Both appointees are classified as North American under ICANN’s geographical diversity quotas.

As I’ve previously reported, the reappointments were very likely. Not only are both directors hugely experienced community members, but ICANN had given NomCom strong hints that it wants to increase gender diversity on the board.

That won’t actually happen this year. The other directors whose terms are up this month are all male, and they’ve all either been reappointed or replaced with other men by their respective constituency groups.

Currently, just five of the 16 voting directors are female. Including the four non-voting members, that number rises to seven. With the new NomCom appointees, those numbers will remain the same for at least a year.

UPDATE October 5, 2020: Deutsch tells me she has not been with the Winterfeldt IP Group for two years. Her official bio on ICANN’s web site says she is with that company, but apparently those bios are no longer reliable. She’s now working for herself. My apologies for the error.

Comment Tagged: , ,

Europe’s top dogs could decide the future of Whois

Kevin Murphy, October 5, 2020, Domain Policy

ICANN is pleading with the European Commission for legal clarity to help solve the two-year-old fight over the future of Whois in the age of GDPR.

CEO Göran Marby has written to three commissioners to ask for a definitive opinion on whether a centralized, mostly automated Whois system would free up registries and registrars from legal liability if their customers’ data is inappropriately disclosed.

It’s a question ICANN has been asking for years, but this time it comes after the ICANN community has come up with a set of policy recommendations that would create something called SSAD, for System for Standardized Access/Disclosure.

SSAD is supported by registries, registrars and non-commercial interests, but has been broadly criticized by governments, intellectual property interests, security experts and others as being not fit for purpose.

While it would create a centralized gateway for funneling Whois queries to contracted parties, and an accreditation system for those making the queries, the decision to accept or refuse the query would still lie with registries and registrars and be largely human-powered.

It’s been described as a glorified, $9 million-a-year ticketing system that will fail to provide better access to Whois to those who say they need it (largely the IP interests).

But registries and registrars say they cannot accept a solution that offloads decision-making to a centralized third party such as ICANN, unless that third party shoulders all the legal liability for mistakes, and whether that’s possible is far from clear this early in the life of GDPR.

As Marby told the commissioners:

Legal clarity could mean the difference between ICANN having a fragmented system that routes most requests for access to non-public registration data from requestors to thousands of individual registries and registrars for a decision, on the one hand, versus ultimately being able to implement a centralized, predictable solution in which decisions about whether or not to disclose non-public registration data in most or all cases could be made consistently, predictably, in a manner that is transparent and accountable to requestors and data subjects alike.

In GDPR lingo, the question is who becomes the “controller” of the data in a centralized system. The controller is the one that could get slapped with huge fines in the event of a privacy breach.

There’s a concept of “successive controllers”, where data is passed through a chain of handlers. ICANN wants clarity on whether, should a registrar send data to an ICANN central gateway, its liability ends there, before the final disclosure decision is made.

It’s asking the European Commission to exercise its authority under the GDPR to force the European Data Protection Board to issue a blanket opinion clarifying these issues, with the expectation that SSAD as currently envisaged could evolve over time to be something more like what the IP folk want.

For ICANN, such a ruling could help quell criticism from its influential advisory bodies, notably the Governmental Advisory Committee, which have come out strongly against the SSAD proposals.

If ICANN chooses to wait for the European Commission and EDPB responses to its new request, it’s highly unlikely we’re going to see the ICANN board fully approve SSAD at its annual general meeting later this month.

Comment Tagged: , , , , , ,

ICANN playing ping-pong on closed generics controversy

Kevin Murphy, October 1, 2020, Domain Policy

ICANN’s board of directors has refused to comment on the issue of “closed generic” gTLDs, bouncing the thorny issue back to the community.

In its response to the SubPro working group’s draft final report this week, the board declined to be drawn on whether it thinks closed generics should be allowed in future application rounds, and urged the GNSO to figure it out, writing:

the Board is not in a position to request policy outcomes… we will base our decision on whether we reasonably believe that the policy proposal is or is not in the best interests of the ICANN community or ICANN

A closed generic is a gTLD representing a non-trademark dictionary word, where the registry is the only eligible registrant. Dozens of companies tried to snap up such TLDs in 2012

ICANN changed the rules to disallow them, based largely on government advice, before punting the issue to the community, in the form of the GNSO, back in 2015.

But despite five years of thinking, the GNSO’s SubPro working group was unable to reach a consensus on whether closed generics should be allowed or not, or whether they should be allowed, but only when there’s a “public interest” purpose.

As I noted last month, it presented three possible ways closed generics could be permitted, none of which have consensus support.

So it asked the board for guidance, and the board’s response is basically “not our problem, figure it out yourselves”.

It would be churlish to criticize the board for refusing to make policy from the top-down, of course.

Much better to wait for the next time it does make policy from the top-down, and criticize it then.

Comment Tagged: , , , , ,

Has ICANN cut off its regulatory hands?

Kevin Murphy, October 1, 2020, Domain Policy

ICANN may have voluntarily cut off its power to enforce bans on things like cyberbullying, pornography and copyright infringement in future new gTLDs.

Its board of directors yesterday informed the chairs of SubPro, the community group working on new gTLD policy for the next round, that its ability to enforce so-called Public Interest Commitments may be curtailed in future.

A PIC is a contractual promise to act in the public interest, enforceable by ICANN through a PIC Dispute Resolution Process. All 2012 new gTLDs have them, but some have additional PICs due to the gTLD’s sensitive nature.

They were created because ICANN’s Governmental Advisory Committee didn’t like the look of some applications for gTLD strings it considered potentially problematic.

.sucks is a good example — registry Vox Populi has specific commitments to ban cyberbullying, porn, and parking in its registry agreement.

Should ICANN receive complaints about bullying in .sucks, it would be able to invoke the PICDRP and, at least in theory, terminate Vox Pop’s registry contract.

But these are all restrictions on content, and ICANN is singularly focused on not being a content regulator.

It’s so focused on staying away from content that four years ago, during the IANA transition, it amended its bylaws to specifically handcuff itself. The bylaws now state, front and center:

ICANN shall not regulate (i.e., impose rules and restrictions on) services that use the Internet’s unique identifiers or the content that such services carry or provide… For the avoidance of doubt, ICANN does not hold any governmentally authorized regulatory authority.

There’s a specific carve-out grandfathering contracts inked before October 1, 2016, so PICs agreed to by 2012-round applicants are still enforceable.

But it’s doubtful that any PICs not related to the security and stability of the DNS will be enforceable in future, the board told SubPro.

The issue is being raised now because SubPro is proposing a continuation of the PICs program, baking it into policy in what it calls Registry Voluntary Commitments.

Its draft final report acknowledges that ICANN’s not in the content regulation business, but most of the group were in favor of maintaining the status quo.

But the board evidently is more concerned. It told SubPro’s chairs:

The language of the Bylaws, however, could preclude ICANN from entering into future registry agreements (that materially differ in form from the 2012 round version currently in force) that include PICs that reach outside of ICANN’s technical mission as stated in the Bylaws. The language of the Bylaws specifically limits ICANN’s negotiating and contracting power to PICs that are “in service of its Mission.” The Board is concerned, therefore, that the current Bylaws language would create issues for ICANN to enter and enforce any content-related issue regarding PICs or Registry Voluntary Commitments (RVCs)

There’s a possibility that it could now be more difficult for future applicants to get their applications past GAC concerns or other complaints, particularly if their chosen string addresses a “highly sensitive or regulated industry”.

There was a “chuck it in the PICs” attitude to many controversies in the 2012 round, but with that option perhaps not available in future, it may lead to an increase in withdrawn applications.

Could .sucks get approved in future, without a cast-iron, enforceable commitment to ban bullying?

1 Comment Tagged: , , , , , , ,

Will you shut up, man? Trump takedown domain on sale for ridiculous fee

Kevin Murphy, September 30, 2020, Domain Sales

Proving once again that there’s no neologism or emergent catchphrase that won’t be registered as a .com, a domainer has put willyoushutupman.com on sale in the wake of last night’s ludicrous US Presidential debate.

The line “Will you shut up, man?” was uttered in exasperation by Democrat candidate Joe Biden midway through the debate, after being ceaselessly harangued and interrupted by President Trump.

It’s currently listed on Dan.com with a “make an offer” tag, but Newsweek reported earlier today that the seller had priced the domain at $175,000.

The domain currently redirects to an affiliate link to the bespoke printing company Zazzle, so even if it doesn’t sell, the domainer may make a bit of cash.

Newsweek also reports that Biden’s campaign are already selling “Will you shut up, man?” merch, but I was unable to find such an item on the official Biden site.

Comment Tagged: , , ,

MMX revenue down even as sales rise during pandemic

Kevin Murphy, September 30, 2020, Domain Registries

New gTLD registry MMX saw its revenue dip in the first half of the year, even as the number of domain names it sold increased.

The company today reported a net profit after tax of $1.2 million, down from $1.7 million a year ago, on revenue that was down 5% at $8.5 million.

But billings were up in the quarter were up 7%, with channel billings (ie, domains sold via third-party registrars) up 20%.

Billings is the measure of how much the company sold, which is largely deferred and recognized as revenue over the period of the registration.

Domains under management across the registry’s portfolio of 31 gTLDs increased 31% to 2.38 million.

The company blamed a lack of brokered premium sales for the top-line decline, saying that segment contributed $0.1 million in the half, compared to $0.8 million a year ago.

MMX said registrar partner sales were “unimpacted by COVID”, up 4% to $8.3 million, but two of its brand-protection partners had to delay the launch of its pricey AdultBlock porn domain blocks until Q4, so there was no revenue to be found in defensives in the half.

Comment Tagged: , ,

This ICANN comment period is a Kafkaesque nightmare

Kevin Murphy, September 29, 2020, Domain Policy

With the deadline for commenting on draft new gTLD program rules rapidly approaching, you may be tempted to visit the ICANN web site to peruse the comments that have already been submitted by others. Good bloody luck.

The way ICANN has chosen to present the comments is so bafflingly opaque, confusing and confounding that I can’t help but conclude it must have been deliberately designed to be as soul-crushing as possible.

Regular comment periods are pretty straightforward: you email your comments as prose to ICANN, ICANN publishes the email and any attachments for others to read. Everyone knows where everyone stands. Job done.

But recently there’s been a worrying trend towards a questionnaire and spreadsheet model based around Google Docs, and that’s the model being used for comments on the final draft report of the new gTLD program working group, known as SubPro.

You can check out the spreadsheet here.

The first thing you’ll notice is that the spreadsheet is 215 columns wide, with each respondent given one row for their responses.

You’ll also notice that the spreadsheet doesn’t seem to understand line breaks. Where the respondent has provided some textual commentary, it’s spread across multiple columns in some cases and not in others.

And then there’s the column headings.

While stumbling randomly through the spreadsheet, I discovered an interesting nugget of information — it seems the new gTLD registry MMX wants the next application round delayed until all of the 2012 round have been launched, which I found a bit surprising.

This nugget can be found under the column heading “Enter your response here”, a heading that is helpfully shared by 90 (ninety) other columns on the same damn page.

The heading “Do you want to save your progress and quit for now? You will be able to return to the form to complete it at a later time” appears 10 times in the document.

No information in adjacent columns sheds any light on what triggered MMX to make its comment.

In order to figure out the question for pretty much any response, the only option appears to be to cross-reference the spreadsheet with the original form questionnaire, which can be found as a PDF here.

But the questionnaire has 234 questions and there’s no straightforward correlation between the question number and the columns on the spreadsheet, which are addressed as AA through IG.

So when you see that European industry group CENTR went to the trouble to “Support Output(s) as written” in column DI, under the heading “If you choose one of the following responses, there is no need to submit comments”, it’s virtually impossible to figure out what it actually supports.

If you are able to figure out which question it was answering, that probably won’t help you much either.

The form merely contains brief summaries of changes the working group has made. To see the “Output(s) as written” you’d have to cross-reference with the 363-page draft final report (pdf).

A lot of you are probably thinking that I should just export the spreadsheet into Excel or OpenOffice and clean it up a bit. But, no, you can’t. ICANN has disabled exporting, downloading, and even copy-pasting.

It’s enough to make one feel like going out and licking the floor on public transport.

Way to go on the transparency, ICANN!

I have to believe that the ICANN staffer responsible for compiling all these comments into the official ICANN summary has some tools at his or her disposal to render this mess decipherable, because otherwise they’ve got a huge, hair-ripping job on their hands.

Of course, since there doesn’t appear to be a way for the rest of us to verify the summary report’s accuracy, they can probably just write whatever they want.

7 Comments Tagged: , , ,

Could .cpa be the most successful new gTLD sunrise yet?

Kevin Murphy, September 25, 2020, Domain Registries

The registry for the new .cpa gTLD reckons it has received “thousands” of applications for domains during its current launch period, potentially making it the most successful gTLD sunrise since 2012.

The American Institute of Certified Public Accountants, which manages the TLD, said today:

Well over half of the 100 biggest U.S. firms — as well as an equally large percentage of the next 400 — have begun advancing their applications as part of the early phase of the .cpa registration process, which launched on Sept. 1.

Assuming “thousands” means at least 2,000, this would make .cpa a top three or four sunrise, judging by figures collected by ICANN showing Google’s .app the current volume leader at 2,908.

But we can’t assume that all the .cpa domains boasted of are trademark-verified sunrise period applications under ICANN’s rules.

AICPA is running a simultaneous Limited Registration Period during which any CPA firm can apply for domains that are “most consistent with their current digital branding” — ie, no trademark required.

Both of these periods end October 31, after which the registry will dole out domains in a batch, presumably giving preference to the sunrise applicants.

We have to assume the amount of purely defensive registrations will be relatively low, due to AICPA’s policies.

Not only are registrants limited to licensed CPA companies and individuals, but registrants have to commit to redirect their .cpa domain to their existing web site within a month and deploy a full web site within a year.

.cpa domains sell for $225 a year, according to the registry. General availability is scheduled for January 15.

1 Comment Tagged: , , , ,

ICANN 69 returning to YouTube

Kevin Murphy, September 25, 2020, Domain Policy

ICANN is to make its annual general meeting next month available streaming on YouTube, the org has announced.

That’s in addition to the Zoom rooms that have been used exclusively for meetings since the coronavirus pandemic hit at the start of the year.

The YouTube streams will be listen/view only and will have up to 30 seconds delay compared to the live Zoom rooms, which will of course continue to have interactivity.

The move will be a welcome return for those of us who need to listen in to sessions and not necessarily engage.

Unfortunately, only five “high-interest” sessions will be available, and there won’t be any live interpretation for the non-English speakers.

For the Zoom rooms, they’ll be mandatory registration before you can even view the meeting schedule. The links will be hidden behind a login screen.

This is largely due to repeated incidents of “Zoom-bombing”, where trolls interrupt proceedings with inflammatory off-topic material.

Comment Tagged: , , ,

Three-letter .blog domains priced up to $100k

Kevin Murphy, September 25, 2020, Domain Registries

Knock Knock Whois There, the .blog registry, said it is going to release its inventory of three-character domains next month.

Roughly 47,000 names will be released at premium fees, with prices ranging “from a few hundred dollars to over $100K”, the company said.

That number suggests that pretty much all of the alphanumeric combinations and hyphenated L-L, N-N, L-N and N-L variants will be available.

The premium pricing only applies to year one; the names will renew at the standard rate of between $10 and $30.

The names will be released October 7 on a first-come, first-served basis.

.blog is doing pretty well by new gTLD standards, with over 190,000 registered names.

Comment Tagged: , , , ,