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GoDaddy has a secret weapon in its push into corporate domains

Kevin Murphy, November 19, 2020, Domain Registrars

While GoDaddy has been focused for the last two decades on small and microbusiness customers, its entry this year into the corporate domains management space should not be dismissed — the company has one huge advantage.

Earlier this week, the company announced the launch of GoDaddy Corporate Domains, really just a rebranding of the company Brandsight, which it acquired back in February.

The move pits GoDaddy against industry leaders such as MarkMonitor, CSC, Com Laude, Safenames et al.

But the company has one huge advantage that its new competitors do not have: cybersquatters and criminals.

Buried at the bottom of this week’s press release is the announcement of a new service, the Verified Intellectual Property program, which “provides pre-vetted, well-known and famous brands an escalation path to address IP abuse”.

It sounds basically like a trusted notifier service not unlike those offered at the registry level by the likes of Donuts and Radix.

VIP clients will be able to get sites and domains hosted on GoDaddy taken down much quicker, via a special escalation email address, a spokesperson said. Takedown requests will still be subject to manual review, he said.

VIP is currently invitation-only, but I assume being a Corporate Domains customer would help expedite an invitation.

This kind of service is something GoDaddy’s new rivals cannot offer — they generally have no retail channel or hosting, so have no cyberquatters, pirates or counterfeiters as customers. If they want to take down a domain or web site, it’s not a simple matter of flipping a switch.

They also don’t have tens of millions of domains under management, many of which, through no fault of GoDaddy, will be maliciously registered.

This is potentially a pretty cool USP for GoDaddy, which could have rivals worried.

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Donuts acquires Afilias to create registry giant

Kevin Murphy, November 19, 2020, Domain Registries

Donuts has agreed to acquire Afilias, the two companies have just announced.

The purchase, for an undisclosed sum, will create a registry giant, responsible in one way or the other for over 450 top-level domains.

The deal will not include Afilias’ registrar or mobile software businesses, the companies said.

The acquisition, between two private companies, is expected to close before the end of the year.

Afilias is probably best known for .info, which it has been running for almost two decades. That gTLD has almost 4.7 million domains under management.

It also runs .mobi, .pro and 21 new gTLDs from the 2012 application round, including .global, .green, .pet, .kim and .lgbt.

It acts as the back-end registry provider for over 200 third-party TLDs, the largest of which is .org, and provides DNS resolution services for other TLDs and enterprises.

Donuts owns the largest portfolio of new gTLDs, with 242 in its stable at the last count.

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ICANN finally addresses Net 4 India meltdown, but mysteries remain

Kevin Murphy, November 18, 2020, Domain Registrars

ICANN today made an effort to publicly address the hundreds of complaints that have recently been made about Net 4 India, India’s largest registrar, which has been in insolvency proceedings for over three years and recently started losing its customers’ domains.

In a lengthy blog post, ICANN confirmed that it received roughly 300 complaints about Net4 in August and September, when India was in coronavirus lockdown and the registrar’s customer service department was unable to cope with demand.

Many customers reported on social media and elsewhere that domains were expiring and transfers to third-party registrars were not possible.

ICANN said it had received over 400 complaints since it filed its first notice of suspension against Net4, which came about after ICANN learned of the insolvency proceedings, in June 2019. It says 74% have been resolved and it’s working on the remainder.

The post sets out customers’ options when it comes to filing complaints, which is complicated by the fact that Net4 also acts as a reseller for OpenProvider, which is not in the same financial difficulty.

ICANN’s says that it is closely monitoring Net4’s compliance with its Registrar Accreditation Agreement and has regular contact with the insolvency court where the company’s case is being heard.

What’s unclear is why the company has been permitted to continue to operate as an accredited registrar, despite its insolvency proceeding being a direct violation of the RAA. ICANN filed a suspension notice in June last year, but has postponed its effective date ever since.

While ICANN says it has not ruled out terminating Net4 and transferring its domains to another registrar, the reality may be that it is unable to do so.

In today’s post, ICANN says it “postponed the start date of the Suspension Period after considering information regarding the insolvency proceedings” provided by the court-appointed resolution professional.

Last month, during the ICANN 69 public forum, the org was asked by an Indian registrant what it was doing about Net4, and compliance chief Jamie Hedlund responded:

When they initially filed for insolvency, we attempted to suspend them and prevent them from being able to register new names. But unfortunately due to the insolvency, we were not able to do that.

It seems that a resolution professional appointed by a quasi-judicial Indian court has managed to trump ICANN’s powers under its Californian-law registrar contract.

Net4’s latest registry transaction reports show that it had 90,000 gTLD domains under management at the end of July. It’s bleeding thousands of domains every month. The company claims to have 400,000 customers in total.

The insolvency proceedings were initiated in 2017 by a debt-recovery agency called Edelweiss, which had acquired $28 million of debts Net4 owed the State Bank of India.

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Masochistic mug urgently wanted for thankless, pay-free ICANN leadership role

Kevin Murphy, November 17, 2020, Domain Policy

ICANN still hasn’t found itself a volunteer to head up the next round of no-doubt contentious discussions about Whois policy.

Today it put out its second call for a chair of the Expedited Policy Development Process working group, which is continuing to square the circle of keeping Whois data compliant with data protection law whilst also allowing cops and IP lawyers access to the data.

The EPDP was supposed to have concluded a few months ago with the end of the second phase of talks, but a couple of issues were left unresolved, leading to the creation of a third phase, being spun as “Phase 2a”.

The first issue still to be discussed is if and how registries and registrars should be obliged to make a distinction between the data of private individuals, which is protected by law, and legal entities, which isn’t.

The second is whether it would be possible to have a uniform system of anonymized email addresses across Whois records.

They’re not exactly the most controversial of topics under the Whois umbrella, but they’re not easy asks either.

And the role of chair is time-consuming, uncompensated, with few perks.

ICANN wants somebody who is neutral and, unstated but perhaps more importantly, perceived to be neutral. The chairs of the previous two phases have been policy heavy-hitters Kurt Pritz and Janis Karklins.

It also wants somebody with “considerable experience in chairing working groups”, which immediately drains the pool of potential applicants.

If previous phases of the EPDP are any guide, the successful applicant will have to herd the cats through dozens of hours of teleconferences — the more-complex phase two had 74 meetings, most of which were two hours long.

For their efforts, the chair gets no money, and because of coronavirus travel restrictions they won’t even get paid junkets to international face-to-face meetings.

And if the output of the next phase is anywhere as near as divisive as phase two, they probably won’t win much praise either.

That’s perhaps why ICANN has extended the deadline for expressions of interest from last Friday to November 23.

Applicants go here.

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ICANN made over $500k in secret lawyer payments over [REDACTED] legal dispute

Kevin Murphy, November 17, 2020, Domain Policy

ICANN has approved a payout of over half a million dollars to outside lawyers for work on a legal dispute it does not want you to know about.

The board of directors a week ago approved the disbursement of a “[Redacted – Privileged & Confidential]” sum to undisclosed parties in relation to “extensive activity in [Redacted – Privileged & Confidential]”.

Under ICANN policy, the fact that board approval was required means that the amount being paid is at least $500,000. The redacted resolution also authorizes additional payments up to $499,999.

ICANN isn’t providing any hints about what the payments concern, other than that it’s a legal dispute of some kind. The resolution states:

When required, ICANN must engage outside legal counsel to help prepare for and defend against all types of disputes that are brought against ICANN. When those disputes become highly contentious they often require significant involvement during a certain time period by outside counsel and that significant amount of time also results in significant fees and related expenses.

The words “related expenses” may be telling. We may not just be talking about lawyers’ fees here.

ICANN also does not state when the expenses were incurred, other than to note that the org’s budget for fiscal 2020, which ended June 30, “contemplated” the need for such payments.

So we’re talking about a legal issue that ICANN was aware of before May 2019, when the FY20 budget was approved, possibly as far back as December 2018, when earlier versions of that budget were published.

Known legal disputes that were active back then and have seen activity in the last few months include the Afilias Independent Review Process complaint about the .web auction and DotConnectAfrica’s court appeal over its .africa loss.

But both of those cases are matters of public record. ICANN even regularly publishes legal documentation on both. They’re not secret.

The only cases I’m aware of that ICANN has actively tried to keep secret involve allegations of sexual discrimination and harassment made against at least one former senior staffer. One such lawsuit was filed late February 2019.

But the hundreds of thousands doled out by ICANN last week could be related to just about anything.

ICANN’s bylaws give the board a broad brush when it comes to redacting information from published resolutions:

any actions relating to personnel or employment matters, legal matters (to the extent the Board determines it is necessary or appropriate to protect the interests of ICANN), matters that ICANN is prohibited by law or contract from disclosing publicly, and other matters that the Board determines, by a three-quarters (3/4) vote of Directors present at the meeting and voting, are not appropriate for public distribution

Usually, when ICANN redacts information, it’s related to personnel matters such as management bonuses.

Whatever it was ICANN just spent your money on, ICANN ain’t saying.

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.spa registry relocates to .xyz

Kevin Murphy, November 16, 2020, Domain Registries

Newly installed .spa registry Asia Spa and Wellness Promotion Council has started using a .xyz domain for its official registry web site.

The organization last week had its IANA records updated to change its “URL for registration services” from aswpc.org to dotspa.xyz.

It currently resolves to a placeholder “Coming Soon” page.

Choosing a TLD other than its own, which entered the DNS root in September, is pretty unusual.

Most new gTLD registries activate nic.example pretty quickly after delegation, even if they ultimately use a domain such as get.example or register.example for their primary marketing sites.

Activating nic.example is actually an obligation under ICANN contracts. ASWPC has registered that domain, but only whois.nic.spa currently resolves.

The dotspa.xyz domain was registered about a year ago, about a month after ASWPC’s former business partner, DotAsia, washed its hands of its stake in the TLD.

Both the .com and .org versions have been registered for well over a decade, so perhaps .xyz was picked as the default third-choice generic.

But that still doesn’t explain why a registry would select a domain outside its own TLD for its primary site.

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.forum sunrise period will cost less than half the regular reg fee

Kevin Murphy, November 13, 2020, Domain Registries

Trademark owners rejoice! There’s a new gTLD registry seemingly not bent on ripping you off during its sunrise period.

Those defensively registering their marks in .forum, which begins its sunrise period on Monday, in some cases could find themselves paying less than half the regular registration fee.

French registrar Gandi today said that its sunrise retail price is $452.13, versus a genera availability price of $1,042.08, and prices at other participating registrars appear to be roughly in line.

.forum’s is being managed by MMX, though the ICANN gTLD contract appears to still belong to original applicant Fegistry.

The first-come, first-served sunrise period will run until December 16. General availability is due to begin.March 2 next year.

I have to admit to finding the $1,000 base registry fee something of a head-scratcher.

I can just about see why gTLDs such as .cars, representing big-ticket niches, can command four-figure reg fees but, anecdotally, I’ve often heard that web forums can be quite expensive to run and difficult to monetize. Hardly obvious candidates for premium-tier recurring prices.

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.trust finds a new home with UNR

Kevin Murphy, November 12, 2020, Domain Registries

UNR has acquired the contract to run the .trust new gTLD.

According to ICANN records, the registry agreement was transferred to UNR, the registry arm of the former Uniregistry, back in June.

It’s the second time the TLD has changed hands since it was delegated back in 2014.

It was originally awarded by ICANN to Deutsche Post, but was quickly sold to NCC Group, which launched it in early 2015.

While .trust is technically live, it has not actually sold any domain names yet and doesn’t appear to have any registrars. The only domains in use, a mere half-dozen, all appear to belong to NCC.

Expect that to change under its new ownership.

I first speculated that .trust was for sale back in 2016, after the then-CEO of NCC utterly slagged off the new gTLD program.

But when NCC sold off its domain name assets in 2017, .trust remained with the company.

The gTLD seems to be following UNR’s chief legal officer, Jean-Christophe Vignes, who ran it under NCC before joining UNR two years ago.

I believe it’s UNR’s 25th gTLD. The company has not yet announced its plans for .trust.

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Web.com acquires Kiwi registrar Freeparking

Kevin Murphy, November 9, 2020, Domain Registrars

Web.com has acquired what it calls New Zealand’s largest registrar, Freeparking.

Freeparking, not to be confused with other registrars of the same name, was part of the Umbrellar Group of web services companies.

According to Web.com, its new buy has 90,000 unique customers under management.

The company, which also owns the likes of Register.com and Network Solutions, said the acquisition is part of its strategy to expand in the Asia-Pacific region.

Freeparking also owns the Open Host, Domains4less and Discount Domains brand registrars. It also appears to be a Tucows reseller.

No financial details of the deal were announced. Web.com was taken private two years ago by private equity firm Siris Capital.

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GoDaddy set to pay millions to settle robocalling class action

Kevin Murphy, November 5, 2020, Domain Registrars

GoDaddy is due to pay a bunch of class action lawyers millions of dollars to settle a lawsuit alleging historical illegal robocalling practices, while giving affected customers a lousy $35 apiece.

The lawyers have reportedly filed for final approval of a settlement (pdf) agreed to in May that put GoDaddy on the hook for up to $35 million.

The Alabama suit, Drazen v Goddady, alleged that the registrar between 2014 and 2016 broke the US Telephone Consumer Protection Act by using software to automatically call and text customers with upsell offers without their permission.

GoDaddy denied, and continues to deny, any allegations of wrongdoing.

Still, it’s decided to pay the lawyers to go away, to avoid costly ongoing litigation.

While the payout is capped at $35 million, in reality the company will be paying substantially less.

Affected US-based customers who filed a claims form before October 7 will either receive a check for $35 cash or store credit, redeemable within one year, for $150.

Reportedly, only 24,000 of the 1.46 million potential class members filed their claims by the deadline, so GoDaddy only stands to pay out $840,000 cash, $3.6 million in store credit, or some value between the two.

The class action plaintiff’s lawyers, on the other hand, stand to get up to 30% of the $35 million settlement, or $10.5 million.

The representative plaintiffs who put their names to the complaint get $5,000 each for their trouble.

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