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I just bought a new gTLD registry’s domain for $10

Kevin Murphy, April 18, 2018, Domain Registries

Are .fan and .fans the latest new gTLDs to go out of business? It certainly looks that way.

ICANN has hit the registry with a breach notice for unpaid dues and stripped it of its registrar accreditation.

In addition, its web sites no longer appear functional and I’ve just bought its official IANA-listed domain name for under $10.

Asiamix Digital is the Hong Kong-based company behind both TLDs, doing business as dotFans.

It launched .fans in September 2015, with retail pricing up around the $100 mark, but never actually got around to launching the singular variant, which it acquired (defensively?) from Rightside (now Donuts) earlier that year.

.fans had fewer than 1,400 domains in its zone file yesterday, down from a peak of around 1,500, while .fan had none.

dotFans in-house accredited registrar, Fan Domains, didn’t seem to actually sell any domains and it got terminated by ICANN (pdf) at the end of March for failing to provide basic registrar services.

And now it seems the registry itself has been labeled as a deadbeat by ICANN Compliance, which has filed a breach notice (pdf) alleging non-payment of registry fees.

While breach notices against TLD registries are not uncommon these days, I think this is the first one I’ve seen alleging non-payment and nothing else.

The notice claims that the registry’s legal contact’s email address is non-functional.

In addition, the domains nic.fans, nic.fan and dotfans.com all currently resolve to dead placeholder pages.

Meanwhile, dotfans.net, the company’s official domain name as listed in the IANA database now belongs to me, kinda.

It expired March 12, after which it was promptly placed into a GoDaddy expired domains auction. Where I just bought it for £6.98 ($9.92).

dotfans

To be clear, I do not currently control the domain. It’s still in post-expiration limbo and GoDaddy support tells me the original owner still has eight days left to reclaim it.

After that point, maybe I’ll start getting the registry’s hate mail from ICANN. Or perhaps not; it seems to have been using the .com equivalent for its formal communications.

Should .fan and .fans get acquired by another registry soon — which certainly seems possible — rest assured I’ll let the domain go for a modest sum.

.feedback threatens to shut off MarkMonitor

Top Level Spectrum, the controversial .feedback gTLD registry, has threatened to de-accredit MarkMonitor unless it apologizes for “breaching” its registrar contract.

The move is evidently retaliation for the MarkMonitor-coordinated complaint about .feedback’s launch policies, which last month led to TLS being found in breach of its own ICANN contract.

De-accreditation would mean MarkMonitor would not be able to sell .feedback domains any more, and its .feedback names would be transferred to another registrar.

In a letter to MarkMonitor (pdf) yesterday, TLS informs the registrar that it breached its Registry-Registrar Agreement by releasing said RRA to “the press” as part of the exhibits to its Public Interest Commitments Dispute Resolution Policy complaint.

The problem we take issue with is that your exhibit should have redacted the “Confidential RRA Agreement” prior to being handed over to ” the press ” and it should have been marked in an appropriate way so ICANN would not publicly disclose it. As we can tell no precautions were taken and as a party to the action we find that you violated the confidentiality of the agreement.

I understand “the press” in this case includes DI and others. We published the document last October. We were not asked to keep anything confidential.

The RRA section of the document is marked as “private and confidential” and contains terms forbidding the disclosure of such information, but the name of the registrar is redacted.

TLS believes the undisclosed registrar is actually Facebook, a MarkMonitor client and one of the several parties to the PICDRP complaint against .feedback.

While Facebook may not have actually signed the RRA, MarkMonitor certainly did and therefore should not have released the document, TLS says.

The letter concludes that the “breach… seems incurable” and says: “Please let us know what actions you will take to cure this breach with us or we will have no other option but to de-accredited your Registrars.”

Despite this, TLS CEO Jay Westerdal tells us that an apology will be enough to cure the alleged breach.

The threat is reminiscent of a move pulled by Vox Populi, the .sucks registry, last year. Vox deaccredited MarkMonitor rival Com Laude in June for allegedly leaking a confidential document to DI (I was never able to locate or identify the allegedly leaked document, and had not published any document marked as confidential).

TLS was found in breach of the Public Interest Commitments in its ICANN contract last month by a PICDRP panel. It was the first registry to suffer such a loss.

The PICDRP panel found that .feedback’s launch had not been conducted in a transparent way, but it stopped short of addressing MarkMonitor’s complaints about “fraudulent” behavior.

.feedback gTLD in breach of contract after big brand “fraud” claims

Kevin Murphy, March 17, 2017, Domain Registries

ICANN has slapped .feedback operator Top Level Spectrum with a contract breach notice after a huge complaint about alleged fraud filed by a gang of big brands.

The company becomes the third new gTLD to be hit by a breach notice, and the first to receive one as a result of losing a Public Interest Commitments Dispute Resolution Process case.

While TLS dodged the “fraud” charges on a technicality, the breach is arguably the most serious found by ICANN in a new gTLD registry to date.

The three-person PICDRP panel found TLS was in violation of the following commitment from its registry agreement:

Registry Operator will operate the TLD in a transparent manner consistent with general principles of openness and non-discrimination by establishing, publishing and adhering to clear registration policies.

But TLS dodged the more serious charges of “fraudulent” behavior, which it denied, largely on the technicality that its PICs only require it to bar its registrants from such behavior.

There’s nothing in the PICs preventing the registry from behaving fraudulently, so the PICDRP panel declined to rule on those allegations, saying only that they “may be actionable in another forum”.

The complainants, which filed their 1,800-page complaint in October, were MarkMonitor and a bunch of its clients, including Adobe, American Apparel, Best Buy, Facebook, Levi and Verizon.

They’d claimed among other things that 70% of .feedback domains were trademarked names actually registered by the registry, and that TLS had stuffed each site with reviews either paid for or scraped from services such as Yelp!.

They claimed that Free.Feedback, a free domains service hosted by an affiliated entity, had been set up to auto-populate Whois records with the names of brand owners (or whoever owned the matching .com domain) even when the registrant was not the brand owner.

This resulted in brand owners receiving “phishing” emails related to domains they’d never registered, the complainants stated.

TLS denied all all the allegations of fraud, but the PICDRP panel wound up not ruling on many of them anyway, stating:

the Panel finds that Respondent’s Registry Operator Agreement contains no covenant by the Respondent to not engage in fraudulent and deceptive practices.

The only violations it found related to the transparency of .feedback’s launch policies.

The panel found that TLS had not given 90 days notice of policy changes and had not made its unusual pricing model (which included an extra fee for domains that did not resolve to live sites) transparent.

The registry had a number of unusual launch programs, which I outlined in December 2015 but which were apparently not adequately communicated to registrars and registrants.

The panel also found that Free.Feedback had failed to verify the email addresses of registrants and had failed to make it easy for trademark owners to cancel domains registered in their names without their consent.

Finally, it also found that TLS had registered a bunch of trademark-match domain names to itself during the .feedback sunrise period:

self-allocating or reserving domains that correspond to the trademark owners’ marks during the Sunrise period constitutes a failure by the Respondent to adhere to Clause 6 of its Registration and Launch policies, versions 1 and 2. According to the policies, Sunrise period is exclusively reserved for trademark owners

TLS, in its defense, denied that it had self-allocated these names and told the panel it had “accidentally” released them into the zone file temporarily.

As a result of the PIC breaches found by the panel, ICANN Compliance has issued a breach notice (pdf) against the company.

To cure the breach, and avoid having its Registry Agreement taken away, TLD has to, by April 15:

Provide ICANN with corrective and preventative action(s), including implementation dates and milestones, to ensure that Top Level Spectrum will operate the TLD feedback in a transparent manner consistent with general principles of openness and nondiscrimination by establishing, publishing and adhering to clear registration policies;

That seems to me like it’s probably vague enough to go either way, but I’d be surprised if TLS doesn’t manage to comply.

ICANN slaps first deadbeat dot-brand with breach notice

The world’s third-largest mobile phone company, worth some $14 billion a year, is the first new gTLD registry operator to refuse to pay ICANN fees.

That’s according to ICANN’s compliance department, which last night slapped Bharti Airtel with the new gTLD program’s first public contract breach notices.

The notices, which apply to .bharti and .airtel, claim that the Indian company has been ignoring demands to pay past due fees since February.

The ICANN quarterly fee for registries is $6,250. Given .airtel and .bharti were delegated 11 months ago, the company, which has assets of $33 billion, can’t owe any more than $37,500.

Bharti Airtel is, according to Wikipedia, the third largest mobile network operator in the world and the largest in India, with 325 million subscribers.

Yet ICANN also claims it has had terrible difficulty getting in touch with staff there, saying:

ICANN notes that Bharti Airtel exhibits a pattern of non-response to ICANN Contractual Compliance matters and, when responses are provided to ICANN, they are often untimely and incomplete.

The compliance notices show that ICANN has also communicated with Verisign, the registry back-end operator for both gTLDs, to try to get the matters resolved.

According to ICANN, the registry is also in breach of terms that require it to publish links to its Whois service, abuse contacts and DNSSEC practice statements on its web site.

The sites nic.airtel and nic.bharti don’t resolve (for me at least) with or without a www., but the Whois services at whois.nic.airtel and whois.nic.bharti appear to work.

These are the first two registries of any flavor emerging from the 2012 application round to receive public breach notices. Only one pre-2012 gTLD, .jobs, has the same honor.

ICANN has given Bharti Airtel 30 days from yesterday to come back into compliance or risk losing its Registry Agreements.

Given that both gTLDS are almost a year old and the nic. sites still don’t resolve, one wonders if the company will bother.

Two legit registrars held to account for lack of abuse tracking

Kevin Murphy, January 26, 2015, Domain Registrars

ICANN Compliance’s campaign against registrars that fail to respond to abuse reports continued last week, with two registrars hit with breach notices.

The registrars in question are Above.com and Astutium, neither of which one would instinctively bundle in to the “rogue registrar” category.

Both companies have been told they’ve breached section 3.18.1 of their Registrar Accreditation Agreement, which says: “Registrar shall take reasonable and prompt steps to investigate and respond appropriately to any reports of abuse.”

Specifics were not given, but it seems that people filed abuse reports with the registrars then complained to ICANN when they did not get the response they wanted. ICANN then was unable to get the registrars to show evidence that they had responded.

Both companies have until February 12 to come back into compliance or risk losing their accreditations.

Domain investor-focused Above.com had over 150,000 gTLD domains on its books at the last official count. UK-based Astutium has fewer than 5,000 (though it says the current number, presumably including ccTLD names, is 53,350).

It’s becoming increasingly clear that registrars under the 2013 RAA are going to be held to account by ICANN to the somewhat vague requirements of 3.18.1, and that logging communications with abuse reports is now a must.

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