Crackdown looms for new gTLD auction gaming

ICANN will be urged to consider taking a stronger position against companies who apply for new gTLDs simply to lose them at auction or immediately flip them to others.

A community working group, known as SubPro and tasked with developing rules for the next new gTLD round, delivered its final Final Report this week, and the one area that failed to gain a designation of “consensus” or stronger was private auctions.

In the 2012 application round, several companies applied for large portfolios of strings that look — in hindsight at least — like efforts to game the system by forcing rivals to auctions they planned to deliberately use.

Companies such as MMX made millions losing auctions during the round, some of which was reinvested in winning auctions for other TLDs.

Applicant Nu Dot Co was notable for losing every private auction it participated in, then quickly flipping its successful .web application when Verisign stepped up with a $135 million bankroll.

While it’s difficult to know the extent to which this was all planned in advance, it proved the business model — filing spurious applications for new gTLDs you have no intention of launching — could be lucrative in future rounds.

But SubPro has put forward a slew of recommendations that, should they pass the remaining hurdles of the policy development track, could bring in substantial sanctions for those applicants and registries found to be gaming the system.

The SubPro recommendations are heavily buttressed with square parentheses, indicating disputed text, and supplemented by some minority statements from members of the working group who think that private auctions should be banned outright in future application rounds.

But the headline recommendation, numbered 35.3, is this:

Applications must be submitted with a bona fide (“good faith”) intention to operate the gTLD. Applicants must affirmatively attest to a bona fide intention to operate the gTLD clause for all applications that they submit.

Far from merely providing a check-box assertion that they’re legit, which would itself be easily gamed, applicants would also find their applications scrutinized by ICANN and its external evaluators to check for signs of a lack of bona fides.

Factors used to determine shadiness could include how many applications for contested strings are applied for, how many private auctions are lost, whether the successful applicant has not launched its gTLD within two years, and whether contracts are flipped within the first year.

SubPro discussed penalties for gaming could include the loss of registry contracts, a ban from future rounds or straight-up monetary fines. But the group did not put forward any recommendations.

SubPro couldn’t seem to come to agreement on most of this. The recommendations were determined to have “strong support but significant opposition” during the group’s recent consensus call.

One strong objection came from a somewhat diverse group of SubPro participants comprising Alan Greenberg (At-Large), Christopher Wilkinson (At-Large), Elaine Pruis (Verisign), George Sadowsky (Afilias/ISOC), Jessica Hooper (Verisign), Jim Prendergast (consultant), Jorge Cancio (Swiss government, but signed in a personal capacity) and Kathryn Kleiman (non-commercial users). They said:

The recommendations in the final report are a mix of overly complex disclosures and attestations that needlessly complicate the program to allow for private auctions. And they will not work. The only way to prevent a repeat of the activity from the 2012 round is to ban private auctions

They also claimed that allowing private auctions would putter smaller, niche and community applicants at a disadvantage, and that ICANN’s reputation would be harmed if it was seen to be overseeing gaming.

The At-Large Advisory Committee also issued a strong objection to private auctions along the same lines:

We remain concerned about attempts to “game” the application process through use of private auction and share the ICANN Board’s concerns on the consequences of shuffling of funds between private auctions. The ability for a loser to apply proceeds from one private auction to fund their other private auctions only really benefits incumbent registry operators or multiple-string applicants and clearly disadvantages single-TLD/niche applicants. We believe there should be a ban on private auctions, and that by mandating ICANN only auctions, the proceeds of ICANN auction can be directed for uses in public interest

The assumption there of course is that an ICANN “last resort” auction, in which the winning bid is funneled into ICANN’s cash pile, would be spent on stuff genuinely in the public interest, rather than frittered away on secretly settling employee lawsuits or indulging in more expensive, self-important navel-gazing.

Perhaps unsurprisingly, the ICANN board of directors has indicated that it prefers the idea of last resort auctions to private auctions.

But SubPro has also made some recommendations that could potentially keep the price of last-resort bids down, completely redesigning the auction process compared to the 2012 round.

If the recommendations are implemented, applicants would have to submit bids towards the start of the application process, when they don’t even know who they’re bidding against.

After all the applications have been submitted, ICANN evaluators would group them all according to whether they’re identical or confusingly similar to each other, then inform each applicant in a contention set how many bidders — but not their identities — they’re up against.

Applicants would then have to submit a sealed bid stating the maximum price they’d be willing to pay for the gTLD in question. It would be only after “reveal day”, when ICANN publishes the applications themselves, that everyone would learn who they’re bidding against.

They’d then be able to engage in private resolutions (auctions could come into play at this point), but it would only be after contention resolution phases such as objections and Community Priority Evaluations were complete that applicants would find out who’d submitted the highest bid.

The winning bidder would pay the amount of the second-highest bid to ICANN.

The 400-page final report (pdf), along with the minority statements, will now be sent to the GNSO Council for approval, before it makes its way to the ICANN board.

Given how much work remains to be done on private auctions and other issues that I’ll get to in later coverage, it seems that a lot of the mechanics of how contention resolution will work will have to be devised by ICANN and the community during the Implementation Review Team and Operation Design Phase phases, along with at least one round of commentary on at least one edition of the next Applicant Guidebook.

The next round of new gTLDs has moved a step closer, but it’s still going to be well over a decade after the last application window before we see the next one.

Battles for .chat, .style, .tennis, bingo and .sas over

Seven new gTLD contention sets have been formally resolved with application withdrawals this morning, five of which we haven’t previously reported on.
Most appear to have been settled by private auctions, with Donuts often the victor.
The standout, however, is .sas, an unusual case of a contention set of two would-be dot-brand registries being resolved.
The business software maker SAS Institute, which applied as Research IP, has prevailed over the Scandinavian airline holding company SAS AB for the .sas gTLD.
Both applicants had applied for closed, single-registrant namespaces.
On the regular, open gTLD front, .chat has gone to Donuts after withdrawals from Top Level Spectrum, Radix and Famous Four Media.
.style has also gone to Donuts, after Uniregistry, Top Level Design, Evolving Style Registry and Minds + Machines withdrew their applications.
.tennis is another Donuts win. Applications from Famous Four, Washington Team Tennis and Tennis Australia have been withdrawn, after a failed Community bid from Tennis Australia.
Donuts, finally, beat Famous Four to .bingo.
Afilias and Top Level Spectrum have officially withdrawn their .wine applications. As we reported earlier this week, this leaves Donuts as the sole remaining applicant.
Top Level Spectrum’s bid for .sucks has also been withdrawn, confirming DI’s report from earlier this week that the controversial gTLD has been won by Vox Populi Registry.
But Donuts failed to win .online, withdrawing its application today. Only two applicants — Radix and I-Registry — remain in this once six-way contention set.
We’ll know the winner (my money’s on Radix) in a matter of days, I expect.

Afilias loses Chinese .info as seven more new gTLD auctions conclude

Today news has reached us via various channels that seven new gTLD contention sets have been settled, all is seems via private auction.
Notably, Afilias has lost the opportunity to run the Chinese-script version of its 14-year-old .info TLD to Beijing Tele-info Network Technology Co, the only other applicant.
The Beijing company’s application says the string .信息 means: “knowledge or message in the form suitable for communications, storage, or processing, which is closely related to notions of form, meaning, pattern, perception, representation, and entropy.”
Afilias said it means “info”.
Separately, in a press release today, Minds + Machines said that it has won the auctions for two gTLDs — .law and .vip — and lost the auctions for several more.
In .law it beat NU DOT CO, Donuts, Radix, Merchant Law Group and Famous Four Media. In .vip it beat Google, VIP Registry, Donuts, I-Registry and Vipspace Enterprises.
From the auctions M+M said it lost we can infer that .design and .realestate contention sets are also now settled, but we haven’t seen any withdrawals yet so we don’t know the winners.
M+M said it netted $6.2 million cash by winning .law and .vip and losing .design, .flowers, .group, .realestate and .video.
From today’s new withdrawals we can see that Uniregistry won .auto against Fegistry, Donuts and Dot Auto, while Donuts won .memorial against Afilias and dotCOOL.
UPDATE: Thanks to Jim in the comments for the reminder that the “Chinese .info” auction happened back in June. The TLD fetched $600,000 at an ICANN last-resort auction.

CentralNic invests $1.5m in mystery gTLD applicant

Registry back-end provider CentralNic has stumped up $1.5 million to back a new gTLD applicant in a forthcoming private auction.
CentralNic CEO Ben Crawford declined to identify the beneficiary.
The company has also not disclosed what stake in the target company it will obtain if it wins the auction.
Here’s the entirety of the statement the company released to the market this afternoon:

CentralNic plc (AIM:CNIC), the internet platform business which derives revenues from the global sale of domain names, today announces that the Group intends to invest US$1.5 million in a Company which is in a contention set to acquire a new generic Top-Level Domain (“gTLD”). The funds will be placed into an escrow account, pending the resolution of the contention set, with the winning applicant expected to be resolved by a private auction within the next two weeks. The investment is contingent upon the Applicant Company successfully obtaining the rights to the gTLD by winning the auction. If the company is unsuccessful, the funds will be returned in full to CentralNic by the escrow agent.

Assuming CentralNic is investing in an existing registry services client, possible beneficiaries include Top Level Design, Fegistry, Merchant Law Group and XYZ.com.
These clients have more than 20 applications in contention right now, but not all of them could plausibly head to private auction soon.
Some have been blocked, some are in contention sets with applicants that do not participate in private auctions, and some strings have been applied for by more than one CentralNic client.
With those criteria in mind, one could possibly narrow down the target string to: .auto, .cafe, .chat, .design, .forum, .gay, .golf, .law, .news, .now, .realty, .school, .style or .sucks.

Straat-backed bidder beats Donuts and Afilias to .health

DotHealth has won the four-way contention set for the controversial new gTLD .health.
Afilias and Donuts both withdrew their competing applications this week. Famous Four withdrew its application over a month ago.
DotHealth is backed by Straat Investments, the investment vehicle chaired by .CO Internet’s Juan Calle.
The new gTLD will run on a Neustar (which now owns .CO) back-end.
.health is likely to be restricted, or at least policed, to ensure fake pharmacies are scrubbed from the zone.
DotHealth is supported by, among other health groups, the National Association of Boards of Pharmacy (NABP) which often targets registries and registrars in its campaigns against bogus online pharmacies in the US.
The company plans to use LegitScript to monitor its namespace.
.health will compete against the unrestricted .healthcare, which has been delegated to Donuts.
All four applicants for .health faced adverse Governmental Advisory Committee advice and unsuccessful public interest objections from the Independent Objector.

Donuts wins .immo gTLD

Donuts has acquired the .immo new gTLD after its three rival bidders withdrew their applications.
Minds + Machines, dotimmobilie and Starting Dot have all withdrawn from the contest in the last few days, presumably due to an auction.
Starting Dot had applied for a Community Priority Evaluation, which would have allowed it to avoid an auction altogether, but it failed to score enough points to pass.
“Immo” is short for “immobilien”, which means “real estate” in German. The contraction is also widely used in other European countries, potentially making it more attractive a string.
The gTLD will compete with .immobilien, which is delegated to RightSide. That TLD has been in general availability since May 28 and has 5,136 domains under management as of today.
It would be fascinating to know whether .immobilien’s performance to date had any bearing on how much the applicants were prepared to bid at auction. But, as usual, I doubt we’ll ever know for sure.

Donuts spends $50 million on new gTLD auctions

Donuts has revealed that its bill for new gTLD auctions has so far come to $50 million.
That, coupled with some other data released in a blog post last week, suggests that it’s spent over $2 million, on average, per gTLD.
CEO Paul Stahura wrote that the company has participated in “roughly” 50 auctions and that it’s won more than 50% of those it’s participated in.
“We’ve spent $50M to win those auctions to secure the resulting TLDs,” Stahura wrote.
According to my numbers, Donuts has been in 45 auctions and won 23. I may be missing a couple, but the numbers fit with Stahura’s. That would make an average spend of $2.17 million per gTLD.
That doesn’t mean the company has burnt through $50 million of its funding, of course.
In private gTLD auctions, the winner pays the losers. By losing at least 22 auctions, Donuts could just as easily be breaking even.
Not all of Donuts’ auctions have been organized by Applicant Auction. A few were settled via other means. Applicant Auction takes a 4% cut, which means its take so far is approaching $2 million.

Amazon snubs ICANN auction to win .coupon privately

Amazon has won the new gTLD .coupon, after Minds + Machines withdrew its application this week.
I understand that the two-way contention set was settled privately via a third party intermediary, possibly via some kind of auction, with M+M ultimately being paid off to withdraw its bid.
.coupon was the only ICANN-managed “auction of last resort” scheduled for July, following the $600,000 sale of .信息 last week.
The next batch of ICANN auctions is now not due to happen until August, unless of course ICANN rejigs its schedule in light of the .coupon settlement.
It’s not clear why Amazon has suddenly decided it prefers the idea of a private commercial settlement after all, but it appears to be good news for M+M, which will see the majority of the cash.
However, it could be related to the fact that .coupon, and dozens of other Amazon new gTLD applications, recently made the switch from being “closed generics” to more inclusive proposals.
Amazon had originally intended that itself and its subsidiaries would be the “only eligible registrants” for .coupon, but in March it changed the application, among many others.
Now, Amazon talks in vague terms about .coupon names being available to “eligible trusted third parties”, a term that doesn’t seem ready to define before the TLDs are actually delegated.
It seems to me, from Amazon’s revised applications, that .coupon and its other gTLDs will be locked down tight enough that they could wind up being effectively closed generics after all.
When Amazon publishes its first eligibility requirements document with ICANN, I expect members of the Governmental Advisory Committee will be watching closely.

Ten more new gTLD contests settled in auction

Applicant Auction helped resolved 10 new gTLD contention sets last week, and the first results started trickling through today.
Of the six results we have so far, Uniregistry and Famous Four Media won two auctions, while Minds + Machines and Donuts both won one each.
According to our database, the following five contention sets have been closed:

• .pizza — Donuts won after withdrawals from Asiamix Digital, Uniregistry and Minds + Machines.
• .fashion — M+M won after withdrawals from Donuts, Uniregistry and Famous Four Media.
• .diet — Uniregistry won after withdrawls from Donuts and Famous Four.
• .cricket — Famous Four won after withdrawals from M+M and Donuts.
• .help — Uniregistry won after withdrawals from Donuts and Dot Tech.
• .racing — Famous Four won after withdrawals from Donuts and Uniregistry.

We’ve also seen a withdrawal from Momentous in the .rip competition, suggesting that that gTLD was also settled at auction last week. It’s not yet clear from the database who won.

Afilias wins .green auction

Afilias won the auction for the .green new gTLD, it emerged today.
Rightside withdrew its application for the string in the last few days, according to the ICANN web site, leaving Afilias the only remaining applicant in the four-way contention set.
Top Level Domain Holdings said last week that it had lost a private auction with Afilias and Rightside. The fourth applicant, Dot Green, withdrew last year citing the likely cost of an auction.
It’s not known how much Afilias paid in the auction, but it’s likely to have been in the millions.