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ICANN punts o.com auction to US watchdogs

Kevin Murphy, December 11, 2017, Domain Registries

Verisign’s proposed auction of the domain o.com might have a negative effect on competition and has been referred to US regulators.

That’s according to ICANN’s response to the .com registry’s request to release the domain, which is among the 23 single-letter domains currently reserved under the terms of its contract.

ICANN has determined that the release “might raise significant competition issues” and has therefore been referred to “to the appropriate governmental competition authority”.

It’s forwarded Verisign’s request to the US Department of Justice.

Verisign late last month asked ICANN if it could release o.com to auction as a test that could presumably lead to other single-character .com names being released in future.

The plan is for a charity auction, in which almost all the proceeds are donated to internet-related good causes.

Only the company running the auction would make any significant money; Verisign would just take its standard $7.85 annual fee.

ICANN told the company that it could find no technical reason that the release could not go ahead.

The only barrier is the fact that Verisign arguably has government-approved, cash-printing, market dominance and is therefore in a sensitive political position.

Whether its profitless plan will be enough to see the auction given the nod remains to be seen.

A certain bidder in the proposed auction would be Overstock.com, the online retailer, which has been pressuring ICANN and Verisign for the release of O.com for well over a decade and even owns trademarks covering the domain.

Disclosure: several years ago I briefly provided some consulting/writing services to a third party in support of the Verisign and Overstock positions on the release of single-character domain names, but I have no current financial interest in the matter.

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Numeric .xyz names plummet despite dollar deal

Kevin Murphy, December 7, 2017, Domain Registries

XYZ.com’s effort to sell over a billion numeric .xyz domains at just $0.65 each does not appear to be gaining traction.

The number of qualifying domains in the .xyz zone file has plummeted by almost 200,000 since the deal was introduced and dipped by over 4,000 since the blanket discount went live.

The $0.65 registry fee applies to what XYZ calls the “1.111B Class” of domains — all 1.111 billion possible six, seven, eight and nine-digit numeric .xyz domains.

These domains carry a recommended retail price of $0.99.

It’s not a promotional price. It’s permanent and also applies to renewals.

Some registrars opted to start offering the lower price from June 1, but it did not come into effect automatically for all .xyz registrars until November 11

The number of domains in this class seems to be on a downward trend, regardless.

There were 272,589 such domains May 31, according to my analysis of .xyz zone files, but that was down to 74,864 on December 5.

On November 10, the day before the pricing became uniform, there were 78,256 such domains. That shows a decline of over 4,000 domains over the last four weeks.

It’s possible that the 1.111B offer is attracting registrants, but that their positive impact on the numbers is being drowned out by unrelated negative factors.

The period of the 200,000-name decline coincides with the massive mid-July junk drop, in which .xyz lost over half of its total active domains due to the expiration of domains registered for just a penny or two in mid-2015.

Many of those penny domains were numeric, due to interest from speculators from China, where such names have currency.

The period also coincides with a time in which XYZ was prohibited from selling via Chinese registrars, due to a problem changing its Real Names Verification provider.

In recent marketing, XYZ has highlighted some interesting uses of 1.111B domains, including a partnership with blockchain cryptocurrency Ethereum.

Other registrants are using the domains to match important dates and autonomous system numbers.

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DotKids doesn’t want .kids auction to go ahead

Kevin Murphy, December 7, 2017, Domain Registries

One of the applicants for the .kids gTLD has asked ICANN to stop the planned last-resort auction.

DotKids Foundation is competing with Amazon for .kids and, because the two strings were ruled confusingly similar, with Google’s application for the singular .kid.

ICANN last month set a January 25 date for the three contenders to go to auction, having unfrozen DotKids’ application back in October.

DotKids’ bid had been put on hold due to it losing a Community Priority Evaluation — which found overwhelmingly that the organization did not represent a proper community — and its subsequent appeals of that ruling.

But the foundation now says that its application should be treated the same as .music, .gay, and a few others, which are currently on hold while ICANN waits for the results of a third-party review of the CPE process.

DotKids filed a Request for Reconsideration (pdf) with ICANN yesterday, immediately after being told that there were no plans to put the contention set back on hold.

Tomorrow is the deadline for the three applicants to submit their information to ICANN to participate in next month’s auction.

An ICANN last-resort auction sees the winning bid being placed in a fund for a yet-to-be-determined purpose, as opposed to private auctions where the losing bidders share the loot.

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Open Whois must die, Europe privacy chiefs tell ICANN

Kevin Murphy, December 7, 2017, Domain Policy

Unfettered public access to full Whois records is illegal and has to got to go, an influential European Union advisory body has told ICANN.

The Article 29 Working Party on Data Protection, WP29, wrote to ICANN yesterday to say that “that the original purposes of the WHOIS directories can be achieved via layered access” and that the current system “does not appear to meet the criteria” of EU law.

WP29 is made up of representatives of the data protection agencies in each EU member state. It’s named after Article 29 of the EU’s 1995 Data Protection Directive.

This directive is parent legislation of the incoming General Data Protection Regulation, which from May 2018 will see companies fined potentially millions of euros if they fail to protect the privacy of EU citizens’ data.

But WP29 said that there are questions about the legality of full public Whois under even the 1995 directive, claiming to have been warning ICANN about this since 2003:

WP29 wishes to stress that the unlimited publication of personal data of individual domain name holders raises serious concerns regarding the lawfulness of such practice under the current European Data Protection directive (95/46/EC), especially regarding the necessity to have a legitimate purpose and a legal ground for such processing.

Under the directive and GDPR, companies are not allowed to make consent to the publication of private data a precondition of a service, which is currently the case with domain registration, according to WP29.

Registrars cannot even claim the publication is contractually mandated, because registrants are not party to the Registrar Accreditation Agreement, the letter (pdf) says.

WP29 adds that law enforcement should still be able to get access to Whois data, but that a “layered” access control approach should be used to prevent full disclosure to anyone with a web browser.

ICANN recently put a freeze on its contract compliance activities surrounding Whois, asking registries and registrars to supply the organization with the framework and legal advice they’re using to become compliant with GDPR.

Registries and registrars are naturally impatient — after a GDPR-compatible workaround is agreed upon, they’ll still need to invest time and resources into actually implementing it.

But ICANN recently told contracted parties that it hopes to lay out a path forward before school breaks up for Christmas December 22.

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InternetNZ loses two of its three CEOs as it simplifies

Kevin Murphy, December 5, 2017, Domain Registries

InternetNZ has announced the results of a consultation into a restructuring of the organization.

The .nz ccTLD manager is to cut one of its three operating companies and reduce the number of CEOs from three to one.

NZRS, which actually runs the registry, will be folded into InternetNZ, while policy-setting body Domain Name Commission Ltd will remain a separate company in the same group.

Jordan Carter, CEO of the company since 2013, has been picked to carry on leading InternetNZ and to chair the board of DNCL, which is losing three of its 12 seats.

The company threw open the idea of a restructuring back in June, noting that it had 20 governors, three CEOs and 10 senior executives for the 35 full time employees across the three organisations

InternetNZ leadership said in a statement that they hope the changes will help the registry become more effective as it simplifies.

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