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ICANN might be a director light after election stalemate

Kevin Murphy, August 29, 2023, Domain Policy

Months of internecine bickering have led to ICANN facing the possibility that it might enter its 25th anniversary meeting this October without a properly elected director in one seat of the board.

Chair Tripti Sinha has written to (pdf) the heads of the Non-Commercial Stakeholder Group and Commercial Stakeholder Group — and then published the letter, no doubt to light a fire under their arses — to demand they name their candidate for Seat 14 on the board.

The name was due under ICANN’s bylaws by April 26, which is six months before the Hamburg AGM, she said.

Without an appointment, any newly picked director won’t be able to participate in training and meetings to help them hit the ground running at the conclusion of ICANN 78’s AGM, she said.

Seat 14 is selected by the Non-Contracted Parties House. That’s every participant in the GNSO that is not a registry or registrar. It comprises the NCSG and CSG. The incumbent director is Matthew Shears, first picked in 2017.

The CSG has made it clear that it does not want Shears, the NCSG’s initially preferred candidate, reappointed for a third term. It seems the group is unhappy with his performance. It has also rejected alternate Rafik Dammak.

The NCSG meanwhile rejected CSG preference Mark Datysgeld, saying he lacks ICANN experience.

The problem seems to be election rules (pdf) agreed to by the two SGs in 2018 that requires them to reach a “consensus” on a candidate, which can be difficult when by definition they have two fundamentally opposing policy goals.

There may also be confusion about whose “turn” it is to pick a candidate. As the names of the SGs suggests, the two groups represent diametrically opposed interests, so there’s been an informal agreement to rotate nominations between the SGs. The question is whether NCSG/Shears’ turn has ended, or whether he gets the full nine years.

Eight months after the NCPH leaders started to discuss Seat 14, there appears to be four candidates currently under consideration, albeit only at the very early interview phase of the process.

The CSG has put forward Khaled Koubaa and Ihab Osman as candidates. The names are notable as they’re both previous ICANN directors who each served a single term as Nominating Committee appointees (until 2019 and 2022 respectively).

The NCSG has picked “ICANN Policy Ninja” Amr Elsadr and Chris Buckridge, a policy guy from the Regional Internet Registry world, as its two nominees.

With three Africans in the mix, there’s a possibility that next year’s NomCom may have more freedom than usual when trying to fill its geographic diversity quota. None of the slate are female.

Right now, with voting not yet underway, it seems the chances of the two SGs settling on a consensus candidate before Sinha’s end-of-August deadline are close to zero.

ICANN’s general counsel John Jeffrey wrote to (pdf) the NCPH heads back in May to remind them that their nomination was a month late and that any failure to pick a new director before the AGM would lead to Shears retaining the role while his successor is picked (assuming he wants the gig).

There seems to be some concern among ICANN’s top brass that the deadlock within the NCPH — caused, as so many ICANN conflicts are, by a failure to compromise — might reflect badly on ICANN and the multistakeholder model in general.

Yup.

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ICANN turns down money from blockchain alt-root

Kevin Murphy, August 23, 2023, Domain Policy

It seems ICANN is turning down free money from blockchain alt-root providers, apparently as a matter of principle.

We hear one such alt-root, Freename.io, tried to sponsor the upcoming ICANN 78 meeting in Hamburg, but was rebuffed.

“At this time, ICANN is not interested in having Freename serve as a sponsor and will not be moving forward with a sponsorship agreement,” the Org told the company in an unsigned email.

Freename had offered to be a general sponsor, and not at the cheapest tier, I’m told.

ICANN sponsorship offers typically start in the low thousands but can get up to six figures at the higher tiers. Sponsorship is overall a very small part of ICANN’s revenue.

Org has become increasingly rattled in recent years with the proliferation of alt-roots, which have been gradually gaining market acceptance while ICANN’s own efforts to expand the domain universe languish in interminable policy knots.

ICANN delayed the sale of the UNR portfolio of gTLDs until buyers renounced their ownership rights to blockchain versions of their authoritative root strings.

Clearly, splashing an alt-root’s branding all over an ICANN stage would be seen as problematic.

Freename.io plans to attend the Hamburg meeting anyway.

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CentralNic chief calls on industry to tackle climate change

Kevin Murphy, August 22, 2023, Domain Policy

CentralNic CEO Michael Riedl is calling on his counterparts at other large domain name registries and registrars to meet up to coordinate the industry’s response to climate change.

During a broad keynote at the London Domain Summit this morning, Riedl said that each domain company is too small to make an impact on the industry’s carbon footprint individually, and that coordination is needed.

He said the industry’s carbon footprint is currently “relatively reasonable” but said “we need to get it down to zero… together I’m pretty sure we can make an impact”.

Speaking to DI shortly after his speech, Riedl said he will soon invite industry leaders to a climate change “summit” in Hamburg, Germany, to coincide with ICANN’s 78th public meeting.

He said the domain industry needs to coordinate and standardize its approach to emissions, following the leads of other industries such as automotive.

He said he hoped he could get the CEOs of the big domain companies — he named Verisign and GoDaddy, who rarely send their CEOs to ICANN meetings — to show up.

Planning for the meeting is in the very early stages and Riedl said he has not spoken publicly about the initiative until today’s speech.

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London Domain Summit starts tomorrow

Kevin Murphy, August 21, 2023, Domain Sales

The second London Domain Summit is to kick off tomorrow, August 22, with a two-day agenda blending domain investor and local domain policy themes.

The conference, at the Hilton London Metropole, is being organized by founder Helmuts Meskonis, who also owns two popular domainer forums: DNForum and AcornDomains.

Registration is available on the door and currently costs £50 for the two days.

It’s a single-track agenda, so nobody’s going to have to choose between sessions they find interesting.

I will be attending.

On the policy side of things, the highlights are a Q&A with Nominet director Kieren McCarthy, who was elected by members last year following hustings at the inaugural Summit, and a separate session with the UK government’s representative to ICANN, Nigel Hickson.

Two of this year’s three Nominet director candidates — Steven Wright and Thomas Rickert — will debate during the final session of the conference on Wednesday. The third, rejected candidate, Jim Davies, may well be in the audience. Andrew Bennett of Netistrar moderates.

There’s also going to be a panel on “Web3” domains — presumably meaning blockchain-based alt-roots — hosted by sponsor Freename.io.

A few sessions are set to focus on opportunities in other regions — namely the Middle East, Africa and China.

The domainer-oriented sessions cover the usual topics of monetization and premium sales with speakers from the likes of Sedo, CentralNic, BrandForce and IT.com. Not exactly my wheelhouse, but there’s nothing on the agenda that looks uninteresting and I anticipate checking out most sessions.

That said, if any fellow attendees fancy a hallway chat or a coffee or want to smash my face in or whatever, feel free to collar a fatter, grayer, shagged-out version of whatever photos you’ve previously seen of me, or slide into my DMs.

UPDATE — this post was updated August 24 to correct the number of candidates in this year’s Nominet election. Apologies to David Thornton, the candidate I neglected to mention, who did not participate.

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Closed generics ban likely to remain after another policy group failure

Kevin Murphy, August 15, 2023, Domain Policy

Closed generic gTLDs are likely off the table for ICANN’s next application round, after a secretive policy development working group failed to reach a consensus on how they could be permitted.

The chairs of the ALAC-GAC-GNSO Facilitated Dialogue on Closed Generic gTLDs have put their names to a draft letter that essentially throws in the towel and recommends ICANN sticks to the status quo in which closed generics are not permitted.

The chairs of the three committees write that they “believe that it is not necessary to resolve the question of closed generic gTLDs as a dependency for the next round of new gTLDs, and we plan to inform the ICANN Board accordingly.”

In other words, whatever latency related to needing a closed generics policy that was built in to ICANN’s recent April 2026 target for opening the next application round could be eliminated from the timeline.

The three chairs added (emphasis in original PDF):

We agree with the ICANN Board (in its original invitation to the GAC and the GNSO to engage in a facilitated dialogue) that this topic is one for community policy work, rather than a decision for the Board. As such and based on our collective belief that there is neither the need nor the community bandwidth to conduct additional work at this stage, we also plan to ask that, for the next round, the Board maintain the position that, unless and until there is a community-developed consensus policy in place, any applications seeking to impose exclusive registry access for “generic strings” to a single person or entity and/or that person’s or entity’s Affiliates (as defined in Section 2.9(c) of the Registry Agreement) should not proceed. Finally, we also plan to inform the Board that any future community policy work on this topic should be based on the good work that has been done to date in this facilitated dialogue.

But that position — still a draft — is already facing some push-back from community members who disagree about what the current status quo actually is.

The 2012 application round opened up with the assumption that closed generics were A-okay, and it received hundreds of such applications.

But the governments of the GAC, no doubt stirred by competition concerns, balked when they saw big companies had applied for gTLD strings that could enable them to dominate their markets.

The GAC demanded that closed generics must service the public interest if they were to be permitted, so ICANN Org — in what would turn out to be an Original Sin injected into the destiny of future rounds — retroactively changed the rules, essentially banning closed generics but allowing applicants to withdraw for a refund or open up their proposed registration policies.

The third option was to defer their applications to a future application round, by which point it was assumed the community would have established a closed generics policy. No applicant took that option.

But making that policy was the job of a committee called SubPro, but when turned its attention to the issue, entrenched positions among volunteers took hold and no consensus could be found. It couldn’t even agree what the status quo was. The group wound up punting the issue to the ICANN board.

The discussion moved on last year when ICANN decided to launch the “Facilitated Dialogue”, forcing the GAC and the GNSO to the negotiating table in last-ditch attempt to put the issue to bed for good.

Ironically, it was the 2013 GAC advice — made at time when the governments drafted their advice in secret and were deliberately ambiguous in their output — that killed off closed generics for a decade that ICANN used to reopen the issue. The GAC hadn’t wanted a blanket ban, after all, it just wanted to mandate a “public interest” benefit.

The assumption was that the Facilitated Dialogue would come up with something in-between a ban and a free-for-all, but what it actually seems to have come up with is a return to the status quo and disagreement about what the status quo even is.

It really is one of those situations where ICANN, in its broadest definition, can’t see to find its ass with two hands and a flashlight (and — if you’ll indulge me — a map, GPS coordinates, and a Sherpa).

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Ukrainian domains slide as war becomes the new normal

Kevin Murphy, August 15, 2023, Domain Registries

Ukraine’s ccTLD is starting to see a decline in its total domains under management as emergency policies related to Russia’s full-scale invasion in February 2022 are relaxed.

According to local registry Hostmaster, .ua’s total was down 1.5% at the end of the first quarter at 612,778 domains, due to the fact that expiring domains that were frozen in 2022 have now started to drop.

Hostmaster said the effect will become more noticeable in coming quarters. Stats show a decline of about a thousand domains since the end of June.

When the war started, .ua had about 558,000 domains. It peaked at around 614,000 in early June.

Early in the conflict, Hostmaster had said that expired domains would be held in a redemption period status. Many registrants were assumed to have been drafted into the military or refugees.

Since then, the registry says a “significant number” of expired domains have been restored.

However, the policy was rolled back this June; expired domains now have the antebellum standard 30 days to be restored. Domains that were not renewed in 2022 still have a November deletion date, Hostmaster said.

Meanwhile, WIPO has recently restarted its UDRP services for Ukraine, having paused them in May 2022 in response to the war. Decisions that were paused in early 2022 have now been executed and published.

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Epik had worst month ever in April

Kevin Murphy, August 8, 2023, Domain Registrars

The fallout from Epik’s financial mismanagement scandal continued to wreak havoc on the company’s registration numbers in April, the latest ICANN registry transaction reports show.

The company had its worse month ever for transfers, with 34,698 domains being moved to rival registrars and only 206 being transferred in.

Epik sold just 411 gTLD domains in April — its worst month for adds in over a decade — having regularly added five figures worth in pre-scandal months.

The registrar’s domains under management number for all gTLDs was 557,652 at the end of the month, down 50,239 compared to the end of March and down 234,902 compared to September, when the scandal began to emerge.

For context, April was the month when news of a customer lawsuit (now settled) seeking $300,000 redress over a botched domain sale first emerged and stories of Epik’s woes started receiving broader attention.

Epik now has a new owner and is awaiting ICANN approval to transfer its accreditation.

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Go.Compare now redirecting to the .com

Kevin Murphy, August 8, 2023, Gossip

Go.Compare seems to have backpedaled a little on its high-profile rebranding to a new gTLD domain name.

The domain go.compare is now bouncing visitors to the insurance comparison site’s original domain, gocompare.com.

When the company announced its rebranding from GoCompare to Go.Compare last September, there was no redirect in place.

The firm seems otherwise entirely committed to the new branding, even putting it on Welsh rugby shirts as part of a sponsorship deal recently.

The only change appears to be the new redirect — visitors will see the .com in the address bar rather than the .compare domain.

My article announcing the rebrand always seemed to get an unusually high amount of traffic on Saturday nights when Go.Compare was advertising its new name prominently on prime-time Saturday night TV, which makes me wonder whether the company was suffering from leakage related to the switch.

.compare is a GoDaddy gTLD and the go.compare domain was purchased by Go.Compare’s registrar, Lexsynergy.

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Huge telco dumps gTLDs after rebrand

Kevin Murphy, August 8, 2023, Domain Registries

e&, a major telecoms company in the Middle East, has told ICANN to scrap its two dot-brand gTLDs following a partial corporate rebrand last year.

The Abu Dhabi-based company, which operates in 16 countries and has turnover of over $7 billion, said it no longer wishes to operate .etisalat and its Arabic equivalent, اتصالات. (.xn--mgbaakc7dvf). It’s never used the domains.

The company last year said it was rebranding as e&, the ampersand perhaps demonstrating that its marketing folk have little interest in intuitive domain names. “Etisalat by e&” is still used in some territories.

The firm uses eand.com as its primary web site domain.

As dot-brands with no domains and no customers, ICANN will quietly drop them from the root in due course.

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Rejected former director threatens to sue Nominet

Kevin Murphy, August 1, 2023, Domain Policy

The person Nominet barred from standing in its non-executive director election this year says he was unfairly excluded and intends to sue.

Lawyer Jim Davies, who was a Nominet director over a decade ago and stood unsuccessfully last year, said on his blog that he has asked Nominet to suspend the election, slated for September.

“If they refuse, I will apply to court for an injunction,” he wrote.

Davies was one of five people nominated for the NED seat this year. Incumbent Phil Buckingham eventually pulled out of the race, and Nominet said Davies, who the company did not initially name, was denied candidacy for not completing a mandatory security screening, carried out by third-party consultant Reed, by the deadline.

“I have asked Nominet and Reed for disclosure of specific documents as a matter of urgency, in anticipation of making an application to court to obtain a declaration that I am a valid candidate in the 2023 NED election,” Davies wrote.

Nominet’s head of comms Will Guyatt has told members that there was a June 30 deadline to submit information for the screening, which he said Davies missed. He said Davies was reminded of the deadline June 28.

In a lengthy timeline, Davies says that he completed the screening application process June 28, and carried on talking to Reed about the screening as late as July 11, when he was told the screening had not found anything “adverse” to his candidacy.

Part of the problem seems to be that Reed wanted him to submit client invoices as part of the screening, and some of Davies’ clients don’t trust Nominet enough to reveal their relationship with him.

Guyatt told Nominet members that the board had agreed unanimously to exclude Davies’ bid on July 19 to be fair to all candidates.

It’s the second time in the last year that Davies has tried to get a Nominet election called off.

Last year, when he was a candidate, he started his WeightedVoting.uk campaign, which seeks to demonstrate that Nominet’s current voting system illegally breaks the company’s own rules. That election went ahead and was won by Kieren McMcarthy.

Davies was briefly a director of Nominet until 2009 when he quit during a lawsuit filed against him over his domain industry client base.

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