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Chinese registrar goes AWOL, gets terminated

Chinese registrar name2host.com has had its accreditation terminated by ICANN for failing to comply with an audit.
According to the compliance notice (pdf), ICANN has been chasing the company since March but has encountered only disconnected phones and unanswered emails.
It seems name2host.com’s principals were all using Hotmail or Yahoo email accounts; not exactly the kind of thing you want to see from a domain name registrar.
The registrar had fewer than 5,000 gTLD domains on its books in March, all in .com and .net.
ICANN will initiate a bulk transfer to a new registrar using its usual process.

There are now over 1,000 top-level domains

The number of top-level domains on the internet has topped 1,000 for the first time.
The delegation of seven new gTLDs today — .studio, .live, .jprs, .game, .bcn, .barcelona and .airtel — took the total number of TLDs in the DNS root zone to 1,002.
The DI database breaks the count down like this:

  • 693 are new gTLDs from the 2012 application round.
  • 286 are ccTLDs.
  • 15 are gTLDs delegated by ICANN in earlier rounds.
  • Eight are the original gTLDs created in the 1980s.

The vast majority of the TLDs are in Latin script. Just 91, a mixture of ccTLDs and gTLDs, are internationalized domain names.
It’s been 623 days since the first 2012-round new gTLD was delegated, meaning the root is growing by an average of 1.1 TLDs per day.

Afilias wants to buy your failed gTLD

Afilias is on an overt campaign to snap up struggling new gTLDs at bargain basement prices.
“In the neighborhood of a dozen” gTLD operators responded seriously to Afilias’ booth at last month’s ICANN meeting in Buenos Aries, (pictured), Afilias chief marketing officer Roland LaPlante told DI in an interview today.
The company could potentially buy up tens of gTLDs over the coming year, LaPlante said.
“If all of these 500 strings with less than 5,000 names in them start looking for a new owner, it’s going to be a pretty active marketplace,” he said.
Afilias
“There are entrants in the market who either have found the market is not as they expected, or results are not what they need, or for whatever other reason they’re coming to the conclusion this isn’t the business they should be in and they’re looking for options,” LaPlante said.
“There’s been a cold splash of water in the face for a lot of people who didn’t expect it, they’re struggling with relatively low revenues compared to what they might have expected,” he said. “They’re likely to be looking for options.”
Afilias would be happy to take these contracts off their current owners’ hands, for the right price.
“Frankly, we’re not going to be paying huge prices for them,” LaPlante.
“We’ve run into a number of folks who still have fairly inflated opinions of what their string is worth,” he said. “Some of these strings are attractive, but they’re going to need a lot more time to mature.”
Afilias believes that the economies of scale it already has in place would enable it to turn a profit at a much lower registration volume, perhaps under 50,000 names, and that it has the patience and financial strength to wait for its acquisitions to hit those volumes.
“We’re very conservative in our volume estimates,” LaPlante said.
Afilias currently has 26 new gTLDs as back-end and 13 as contracted registry operator.
The company is basically looking for acquisitions where the seller’s looming alternative might be the Emergency Back-End Registry Operator, and where the fees associated with an auction might be a bit too rich.
While LaPlante jokingly compared the proposition to the “We Buy Any Car” business model, he admitted that some registries are less attractive than others.
gTLDs with a lot of restrictions or monitoring would be treated with much more caution — Afilias was not interested in .hiv, which failed to sell at auction recently, for example — and would be skeptical about registries that have given away large numbers of free domains.
“We’d like to pick up strings that have good potential for a profitable amount of volume,” he said.
Afilias quietly sold .meet to Google earlier this year, but LaPlante denied that Afilias is in the business of flipping gTLDs. While he could not get into details, he said the .meet deal was a “special case”.
As we discovered last week, at least eight new gTLDs have changed ownership since signing their registry contracts. A few others have been acquired pre-contracting.

Whois privacy supporters to top 20,000

Over 20,000 people have put their names to statements slamming proposals that would ban some commercial web sites from using Whois privacy on their domains.
ICANN’s public comment period on a working group’s Whois privacy reform proposals closes today after two months, with roughly 11,000 individual comments — the vast majority against changes that would weaken privacy rights — already filed.
Separately, Michele Neylon of Blacknight Solutions, which hosts SaveDomainPrivacy.org, tells DI that a petition signed by more than 9,000 people will be submitted to ICANN tonight.
If we count the signatories as commenters, that would make this the largest ICANN comment period to date, outstripping the 14,000 comments received when religious groups objected to the approval of .xxx in 2010.
SaveDomainPrivacy.org and RespectOurPrivacy.org, separate registrar-led initiatives, are responsible for the large majority of comments.
While registrars no doubt have business reasons for objecting to the muddling the Whois privacy market, their letter-writing outreach has been based on their claims that they could be forced to unmask the Whois of vulnerable home-business owners and such.
The Privacy & Proxy Services Accreditation Issues Working Group (PPSAI) report, published in May, sketches out a framework that could allow intellectual property owners to have privacy removed from domains they suspect of hosting infringing content.
A minority position appended to the report by MarkMonitor, Facebook, LegitScript and supported by members of the Intellectual Property and Business Constituencies, would put a blanket ban on using privacy on domains used to commercially transact.

ICANN dragged into Gamergate as Whois reform cast as misogynist threat

Kevin Murphy, July 2, 2015, Domain Policy

What do ICANN’s current Whois privacy reform proposals have to do with the “Gamergate” controversy?
Quite a lot, according to the latest group to slam the proposals as an enabler for “doxing… harassment… swatting… stalking… rape and death threats.”
The Online Abuse Prevention Initiative was formed in March by female software developers in the wake of a sexism slash online abuse scandal that continues to divide the video game community.
Led by Randi Harper, OAPI’s first public move was to today write to ICANN to complain about the GNSO Privacy & Proxy Services Accreditation Issues (PPSAI) Working Group Initial Report.
The report, as previously reported, contains a minority opinion that would ban transactional e-commerce sites from using Whois privacy services.
OAPI said today that this posed a risk of “doxing” — the practice of publishing the home address and other personal information about someone with the aim to encourage harassment — and “swatting”, where people call up America’s notoriously trigger-happy cops to report violent crimes at their intended victim’s home address.
Harper, who was one of the targets of the Gamergate movement (Google her for examples of the vitriol) claims to have been a victim of both. The OAPI letter says she “was swatted based on information obtained from the WHOIS record for her domain.”
The letter, which is signed by groups including the Electronic Frontier Foundation, the National Network to End Domestic Violence, the National Council of Women’s Organizations, and dozens of noted digital rights voices, says:

We strongly oppose the Working Group’s proposal, which will physically endanger many domain owners and disproportionately impact those who come from marginalized communities. People perceived to be women, nonwhite, or LGBTQ are often targeted for harassment, and such harassment inflicts significant harm

Even the most limited definition of a “website handling online financial transactions for commercial purpose” will encompass a wide population that could be severely harmed by doxing, such as:

  • women indie game developers who sell products through their own online stores
  • freelance journalists and authors who market their work online
  • small business owners who run stores or businesses from their homes
  • activists who take donations to fund their work, especially those living under totalitarian regimes
  • people who share personal stories online to crowdfund medical procedures

To make things worse, the proposed definition of what constitutes “commercial purpose” could be expanded to include other types of activity such as running ads or posting affiliate links.

The letter does not directly refer to Gamergate, but some of the signatories are its most prominent victims and the allusions are clearly there.
Gamergate is described somewhere in its 9,000-word Wikipedia article as “part of a long-running culture war against efforts to diversify the traditionally male video gaming community, particularly targeting outspoken women.”
At its benign end, it was a movement for stronger ethics in video game journalism. At its malignant end, it involved quite a lot of male gamers sending abuse and violent threats to female players and developers.
The PPSAI report is open for comment until July 7. It has so far attracted over 10,000 emails, most of them rustled up by registrar letter-writing campaigns here and here.

New gTLD sales miss ICANN estimates by a mile

New gTLD registration volumes failed to live up to ICANN’s expectations by a long, long way in its fiscal 2015.
When ICANN’s FY15 ended on Tuesday, new gTLDs had fewer than 6 million domains in their collective zone files.
That’s just 18% of ICANN’s original early 2014 estimate of 33 million domains and just 39% of its revised March 2015 estimate of 15 million names.
It’s going to be harder to compare future new gTLD performance to ICANN’s projections, as the program enters its second year of live activity.
The organization’s recently published draft fiscal 2016 budget does not have a “total registrations” number to compare to the 15/33 million projection in last year’s budget.
It does, however, predict 12.5 million billable registrar transactions in FY16, which began yesterday.
Billable registrar transactions include renewals and transfers, however, so ICANN is not saying that there will be 12.5 million extant new gTLD registrations this time next year.

You might be surprised how many new gTLDs have changed hands already

At least 86 new gTLD registry contracts have changed hands since the end of 2013, I have discovered.
ICANN calls the transfer of a Registry Agreement from one company to another an “assignment”. Global Domains Division staff said in Buenos Aires last week that it’s one of the more complex and time-consuming tasks they have to perform.
So I thought I’d do a count, and I discovered some interesting stuff.
Donuts/Rightside
The biggest beneficiary of incoming assignments so far is of course Rightside, aka United TLD Holdco, which has so far taken over 23 of the gTLDs applied for by Donuts.
The two companies have had an agreement since the start that allows Rightside to take on as many as 107 of Donuts’ original 307 applications.
Interestingly, Rightside sold .fan to AsiaMix Digital after Donuts had transferred the gTLD to it.
Amazon
We also discover that Amazon is repatriating its gTLD contracts en masse.
So far, 21 gTLDs applied for by Amazon EU Sarl — the Luxembourg-based company Amazon uses to dodge tax in other European countries — have been transferred to US-based Amazon Registry Services Inc.
Amazon EU has made money losing new gTLD auctions.
Given the company’s usual MO, I have to wonder whether Amazon Registry Services, under the US tax regime, plans to make any money at all from its new raft of gTLDs.
Subsidiary changes
Speaking of tax, four gTLDs associated with the Hong Kong-based Zodiac group of applicants have been transferred to new Cayman Islands companies with similar names.
A bunch of the other assignments appear to be registries shifting contracts between various subsidiaries.
IG Group, a large UK derivatives trader, has assigned seven gTLDs (such as .forex, .markets and .spreadbetting) to newly created UK subsidiaries, for example.
Also, Ireland-based Afilias transferred the .green RA to a new Irish subsidiary, while Germany-based .srl applicant mySRL has sent its contract to a Florida-based sister company from the InternetX stable.
There are several other example of this kind of activity.
Actual acquisitions
As best as I can tell, there have been only eight actual post-contracting acquisitions so far: .trust, .fan, .meet, .reise, .xn--ses554g, .rent, .theatre, and .protection.
The only one of those I didn’t know about — and haven’t seen reported anywhere — was .meet, which Afilias seems to have sold to Google back in February.
It should be noted that while I’ve counted 86 assignments, I may have missed some. At least one — XYZ.com’s acquisition of .security from Symantec, does not appear have been completed yet, judging by ICANN’s web site.

Bulgaria looking for an IDN registry operator

The Bulgarian government is looking for a company to run the registry for its recently awarded .бг internationalized domain name.
.бг is the Cyrillic equivalent of .bg, the nation’s existing ccTLD.
After a tortuous battle through ICANN’s IDN ccTLD Fast Track process — where it was repeatedly rejected for looking too much like Brazil’s .br — the string was finally approved after an appeal last October.
The RFP is being carried out by the Ministry of Transport, Information Technology and Communications and will be open for the next 90 days.
MTITC says the winner will be registry whose proposal most closely adheres to a “principles and requirements” document, which is currently a dead link on the ministry web site.
There’s no government money on offer, but the winner will be supported in its request to IANA for delegation of the TLD.
I gather that the bidding is open to any European Union company.

Go Daddy advertising privacy petition on Facebook

Go Daddy appears to be putting its money where its mouth is when it comes to arguments about domain privacy.
The company is paying for “sponsored” posts on Facebook that promote the ongoing petition against proposed changes to Whois policy at ICANN.
This has been appearing on Facebook for me all day, seriously interrupting my Farmville time:
Go Daddy ad
Clicking the ad takes you directly to the Save Domain Privacy petition, rather than a Go Daddy sales pitch.
As I reported last week, thousands of internet users have blasted ICANN with template comments complaining about proposed limits on Whois privacy.
There are currently over 10,000 such comments, I estimate, with over a week left until the filing deadline.
Registrars, Go Daddy among them, are largely concerned about a minority proposal emerging from in a proxy/privacy service accreditation working group that would ban transactional e-commerce sites from having private registrations.
They’re also bothered that intellectual property owners could get more rights to unmask privacy users under the proposals.
Despite Go Daddy’s outreach, Repect Our Privacy, letter-writing campaign, backed by NameCheap and the Electronic Frontier Foundation, seems to be responsible for most of the comments filed to date.
Not that it’s necessarily relevant today, but NameCheap and Go Daddy were on opposing sides of the Stop Online Piracy Act debate — a linked controversy — a few years back.

Registrars open floodgate of Whois privacy outrage

Kevin Murphy, June 26, 2015, Domain Policy

A letter-writing campaign orchestrated by the leading domain registrars has resulted in ICANN getting hit with over 8,000 pro-privacy comments in less than a week.
It’s the largest volume of comments received by ICANN on an issue since right-wing Christian activists deluged ICANN with protests about .xxx, back in 2010.
The comments — the vast majority of them unedited template letters — were filed in response to the GNSO Privacy & Proxy Services Accreditation Issues (PPSAI) Working Group Initial Report.
That report attempts to bring privacy and proxy services, currently unregulated by ICANN, under ICANN’s contractual wing.
There are two problematic areas, as far as the registrars are concerned.
The first is the ability of trademark and copyright owners to, under certain circumstances, have the registrant of a privately registered name unmasked.
Upon receiving such a request, privacy services would have 15 days to obtain a response from their customer. They’d then have to make a call as to whether to reveal their contact information to the IP owner or not.
Possibly the most controversial aspect of this is described here:

Disclosure cannot be refused solely for lack of any of the following: (i) a court order; (ii) a subpoena; (iii) a pending civil action; or (iv) a UDRP or URS proceeding; nor can refusal to disclose be solely based on the fact that the request is founded on alleged intellectual property infringement in content on a website associated with the domain name.

In other words, the privacy services (in most cases, also the registrar) would be forced make a judgement on whether web site content is illegal, in the absence of a court order, before removing Whois privacy on a domain.
The second problematic area is an “additional statement” on domains used for commercial activity, appended to the PPSAI report, penned by MarkMonitor on behalf of Facebook, LegitScript, DomainTools, IP attorneys Smith, Gambreall & Russell, and itself.
Those companies believe it should be against the rules for anyone who commercially transacts via their web site to use Whois privacy.
Running ads on a blog, say, would be fine. But asking for, for example, credit card details in order to transact would preclude you from using privacy services.
The PPSAI working group didn’t even approach consensus on this topic, and it’s not a formal recommendation in its report.
Regardless, it’s one of the lynchpins of the current registrar letter-writing campaigns.
A page at SaveDomainPrivacy.org — the site backed by dozens of registrars big and small — describes circumstances under which somebody would need privacy even though they engage in e-commerce.
Home-based businesses, shelters for domestic abuse victims that accept donations, and political activists are all offered up as examples.
Visitors to the site are (or were — the site appears to be down right now (UPDATE: it’s back up)) invited to send a comment to ICANN supporting:

The legitimate use of privacy or proxy services to keep personal information private, protect physical safety, and prevent identity theft
The use of privacy services by all, for all legal purposes, regardless of whether the website is “commercial”
That privacy providers should not be forced to reveal my private information without verifiable evidence of wrongdoing

The content of the site was the subject of a sharp disagreement between MarkMonitor and Tucows executives last Saturday during ICANN 53. I’d tell you exactly what was said, but the recording of the relevant part of the GNSO Saturday session has not yet been published by ICANN.
Another site, which seems to be responsible for the majority of the 8,000+ comments received this week, is backed by the registrar NameCheap and the digital civil rights groups the Electronic Frontier Foundation and Fight For The Future.
NameCheap appears to be trying to build on the reputation it started to create for itself when it opposed the Stop Online Piracy Act a few years ago, going to so far as to link the Whois privacy reforms to SOPA on the campaign web site, which says:

Your privacy provider could be forced to publish your contact data in WHOIS or even give it out to anyone who complains about your website, without due process. Why should a small business owner have to publicize her home address just to have a website?
We think your privacy should be protected, regardless of whether your website is personal or commercial, and your confidential info should not be revealed without due process. If you agree, it’s time to tell ICANN.

The EFF’s involvement seems to have grabbed the attention of many reporters in the general tech press, generating dozens of headlines this week.
The public comment period on the PPSAI initial report ends July 7.
If it continues to attract attention, it could wind up being ICANN’s most-subscribed comment period ever.
Do geeks care about privacy more than Christians care about porn? We’ll find out in a week and a half.