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.web closer to reality as antitrust probe ends

Kevin Murphy, January 10, 2018, Domain Registries

Verisign has been given the all-clear by the US government to go ahead and run the new gTLD .web, despite competition concerns.

The Department of Justice told the company yesterday that the antitrust investigation it launched almost exactly a year ago is now “closed”.

Verisign’s secret proxy in the 2016 auction, the original .web applicant Nu Dot Co, now plans to try to execute its Registry Agreement with ICANN.

That contract would then be assigned to Verisign through the normal ICANN process.

The .com registry operator today filed this statement with the US Securities and Exchange Commission:

As the Company previously disclosed, on January 18, 2017, the Company received a Civil Investigative Demand from the Antitrust Division of the United States Department of Justice (“DOJ”) requesting certain material related to the Company becoming the registry operator for the .web gTLD. On January 9, 2018, the DOJ notified the Company that this investigation was closed. Verisign previously announced on August 1, 2016, that it had provided funds for Nu Dot Co’s successful bid for the .web gTLD and the Company anticipates that Nu Dot Co will now seek to execute the .web Registry Agreement with ICANN and thereafter assign it to Verisign upon consent from ICANN.

This basically means that Justice disagrees with anyone who thinks Verisign plans to operate .web in a way that just props up its .com market dominance, such as by burying it without a trace.

People clamoring to register .web domains may still have some time to wait, however.

Rival applicant Donuts, via subsidiary Ruby Glen, still has a pending lawsuit against ICANN in California.

Donuts had originally sued to prevent the .web auction going ahead in mid-2016, trying to force Nu Dot Co to reveal who was really pulling its strings.

After the auction, in which Verisign committed to pay ICANN a record-setting $125 million, Donuts sued to have the result overturned.

But in November 2016, a judge ruled that the no-suing covenant that all new gTLD applicants had to sign was valid, throwing out Donuts’ case.

Donuts is now appealing that ruling, however, filing its most-recent brief just a few weeks ago.

Whether that will stop ICANN from signing the .web contract and delegating it to Verisign is an open question. It managed to delegate .africa to ZA Central Registry despite the existence of an ongoing lawsuit by a competing applicant.

If history is any guide, we may see a rival applicant apply for a temporary restraining order against .web’s delegation before long.

Justice gives nod to O.com auction

Kevin Murphy, December 18, 2017, Domain Registries

The US Department of Justice does not intend to prevent Verisign from auctioning off the single-letter domain o.com.

Aaron Hoag, chief of the department’s Technology & Financial Services Section, told ICANN in a letter (pdf) that it does not intend to probe Verisign’s proposal.

The letter reads in its entirety:

Your letter dated December 7, 2017, to Makan Delrahim, Assistant Attorney General of the Antitrust Division, regarding VeriSign’s proposal to auction O.COM, has been referred to the Technology & Financial Services Section for review. After careful consideration of the matter, the Division can report that it does not intend to open an investigation into the proposed auction described in the attachment to your letter.

Verisign asked ICANN’s permission to auction o.com, with most of the the proceeds going to good causes, after over a decade of nagging from retailer Overstock.com, which desperately wants to own the currently reserved name.

It would set a precedent for the company to sell off the remaining 22 single-letter domains, not to mention the 10 digits, which are all currently reserved due to a decades-old technical policy no longer considered necessary.

Verisign would only receive its $7.85 base registry fee from the sale, despite the fact that single-letter domains could easily fetch seven or eight figures.

The company asked ICANN for permission to release the name via its Registry Services Evaluation Process last month.

ICANN said earlier this month that it had no objection on technical grounds, but referred it to US competition authorities for a review.

With the DoJ apparently not interested, the door is open for ICANN to approve the RSEP before the end of the year, meaning Verisign could carry out the auction in 2018.

The big question now is whether anyone other than Overstock will want to take part in the auction. Overstock has US trademarks on “O.com”, despite the fact that it’s never actually owned the domain.

Correction: what NTIA said about .com pricing

Kevin Murphy, September 5, 2016, Domain Registries

The US government has not confirmed that it expects to keep Verisign’s .com registry fee capped at the current level until at least 2024, despite what DI reported on Monday.

At this URL we published an article reporting that the US government had confirmed that it was going to keep .com prices frozen at $7.85 for the next eight years.

That was based on a misreading of a letter from the Department of Commerce to Senator Ted Cruz and others, which merely explained how the price cap could be maintained without expressing a commitment to do so.

The letter actually said very little, and nothing of news value, so I thought it best to simply delete the original piece and replace it with this correction.

I regret the error.

Thanks to those readers who got in touch to point out the mistake.

Domain-hopping torrent site seized, founder arrested

Kevin Murphy, July 22, 2016, Domain Policy

A joint US-Polish law enforcement operation has led to the arrest of the alleged owner of the piracy-focused BitTorrent links site KickAssTorrents.

The US Department of Justice announced yesterday that Ukrainian national Artem Vaulin has been arrested in Poland and that it will seek to extradite him to Chicago to face criminal copyright infringement charges.

The site, which has been banned at the ISP level in countries including the UK, provides links to download and share copyrighted works such as movies and music from other BitTorrent users.

But it’s perhaps best known in the domain name industry for regularly jumping from one TLD to another as its domains are terminated by local authorities.

According to the DoJ, it has been seen on kickasstorrents.com, kat.ph (Philippines), kickass.to (Tonga), kickass.so (Somalia) and kat.cr (Costa Rica).

The department said it has seized seven domain names as part of its operation.

According to my records, there are 20 examples of kickasstorrents.example domains in the Alexa one million, all in new gTLDs (though I’ve no idea whether they’re part of the same operation).

The DoJ reckons KAT makes annual revenue of between $12.5 million to $22.3 million from advertising accompanying its links.