ICANN to publish unfinished RAA tomorrow

ICANN will tomorrow publish for public comment a version of the 2013 Registrar Accreditation Agreement that accredited registrars have not yet agreed to.
CEO Fadi Chehade told a conference call of registries and new gTLD applicants as much this afternoon, causing the Registrars Stakeholder Group to immediately state that talks have not finished yet.
However, ICANN subsequently confirmed the plan to DI, clarifying that the documents it will publish tomorrow will highlight ongoing points of divergence between ICANN and the RrSG.
The posting will comprise documents with “competing text identified that shows the similarities and differences in position between ICANN and the Registrar [Negotiating Team”, ICANN said.
I believe that the publication has been set for tomorrow to allow ICANN to hit its public comment deadlines for the big Beijing public meeting next month.
The posting was apparently agreed to at a meeting between the registrars and ICANN on Friday.
While the two sides have come to agreement on most of the changes to the RAA, sticking points remain despite now-daily talks.
I understand that a proposed unilateral right of amendment in ICANN’s favor is currently a big barrier to final agreement.

ICANN to reveal Registrant Rights & Responsibilities (and here’s a draft copy)

ICANN is set to publish and start promoting a new Registrant Rights & Responsibilities charter at some point over the next couple of days, we hear.
The one-page document is set to become an important part of CEO Fadi Chehade’s plan to make the domain name industry appear more trustworthy and likable in the eyes of the internet-using public.
He first revealed the idea during a meeting with registries and registrars in Amsterdam last month.
An ICANN-commissioned study showed that people have a very low opinion of the industry, he told them.
The new document is designed to address some of those concerns.
While the charter may be presented as originating in the industry, it was first drafted by ICANN and we hear that some registrars have been somewhat reluctant to agree to it.
“It’s like when you’re a kid and your dad gives you a birthday card to sign for your mom,” one registrar told us.
The legalese-stricken document that ICANN originally presented to them over-stretched and could have carried legal exposure, they added.
DI has been sent of copy of what we’re told is a close-to-final draft of the document, which we understand is more agreeable to most registrars. We’ve pasted it below in full.

Registrants’ Rights and Responsibilities
Domain Name Registrants’ Rights:

1. Your domain name registration and any privacy services you may use in conjunction with it must be subject to a Registration Agreement with an ICANN Accredited Registrar.
   • You are entitled to review this Registration Agreement at any time, and download a copy for your records.
2. You are entitled to accurate and accessible information about:
   • The identity of your ICANN Accredited Registrar;
   • The identity of any privacy service provider affiliated with your Registrar;
   • Your Registrar’s terms and conditions, including pricing information, applicable to domain name registrations;
   • The terms and conditions, including pricing information, applicable to any privacy services offered by your Registrar;
   • The customer support services offered by your Registrar and the privacy services provider, and how to access them;
   • How to raise concerns and resolve disputes with your Registrar and any privacy services offered by them; and
   • Instructions that explain your Registrar’s processes for registering, managing, transferring, renewing, and restoring your domain name registrations, including through any privacy services made available by your Registrar.
3. You shall not be subject to false advertising or deceptive practices by your Registrar or though any privacy services made available by your Registrar. This includes deceptive notices, hidden fees, and any practices that are illegal under the consumer protection law of your residence.

Domain Name Registrants’ Responsibilities:

1. You must comply with the terms and conditions posted by your Registrar, including applicable policies from your Registrar, the Registry and ICANN.
2. You must review your Registrar’s current Registration Agreement, along with any updates.
3. You will assume sole responsibility for the registration and use of your domain name.
4. You must provide accurate information for publication in directories such as WHOIS, and promptly update this to reflect any changes.
5. You must respond to inquiries from your Registrar within fifteen (15) days, and keep your Registrar account data current. If you choose to have your domain name registration renew automatically, you must also keep your payment information current.

It draws on changes ICANN and registrars have agreed to in the 2013 (hopefully) Registrar Accreditation Agreement, such as registrar commitments to provide basic information about themselves.
As for the 2013 RAA itself, we hear that ICANN wants to present a final version to its board of directors for approval during its public meeting in Beijing in early April.
That would mean opening it up for public comment next week, but registrars and ICANN have not yet agreed to a final draft for publication, despite now-daily negotiation meetings.
The major sticking point, we gather, is an amendment that would give ICANN a unilateral right to change the contract in future — similar to the proposed gTLD Registry Agreement provision currently causing a shitstorm in the new gTLD applicant community.
There’s also controversy about the fact that ICANN wants to restrict new gTLDs to only registrars that sign the new RAA, which is designed to be a carrot to get them to sign up even if their 2009/2001 RAAs are still active.

Demand Media mulls eNom spin-off

Are the synergies between domain name registrars and content farms not all they were cracked up to be?
That’s a question emerging from last night’s news that Demand Media is planning to spin off its domains business, which includes number-two registrar eNom, into a separate public company.
The company, reporting its fourth-quarter earnings, said that it’s looking into the possibility of breaking up content and domains into two separately-owned businesses.
The new domain company would comprise eNom (wholesale) and Name.com (retail) on the registrar side, any new gTLDs Demand manages to win, the formative registry back-end business, and its stake in NameJet.
“We believe that a separation of the two independent companies will better position each business to pursue their increasingly diverse strategic priorities and opportunities,” CEO Richard Rosenblatt told analysts.
The spin-off would have revenue of over $150 million a year and margins of almost 20%, chief financial officer Mel Tang added.
Rosenblatt said new gTLDs will be “transformative” for the domain industry, saying that Google, Amazon and dot-brands will help grow consumer awareness of the world beyond .com.
Demand has filed 26 new gTLD applications of its own, and has 50-50 rights to 107 more with Donuts.
Previously, Demand has stated in regulatory filings that it used data gathered from domain name lookups to create ideas for the content farm side of its business. It’s not clear if that would continue after a split.

ICANN terminates three registrars

ICANN has pulled the plug on three accredited domain name registrars, saying they all failed to comply with an audit.
Lime Labs, R Lee Chambers Company (DomainsToBeSeen.com) and Central Registrar (Domainmonger.com) have been given 30 days notice that their accreditations are being yanked and that their domains will be transferred to other registrars.
About 12,000 domains will be affected, the vast majority of which are managed by Lime Labs.
The three registrars were among 10 that ICANN pounced on last month when they failed to respond to its Contractual Compliance Audit Program.
This program is a three-year initiative to make sure registrars and registries are complying with their contractual requirements. A third of registrars were randomly selected to take part late last year.
According to ICANN’s termination notices, all three registrars ignored last month’s warnings and did not submit the data required for the audit.
DomainsToBeSeen and Domainmonger both have just a few hundred gTLD domain names under management each. Lime Labs is much larger, with over 11,000.
The terminations will come into affect March 13.

Frank Schilling’s Uniregistry gets accredited as a registrar

Portfolio new gTLD applicant Uniregistry has taken the first step towards bringing its proposed new gTLDs to market by getting accredited as a registrar by ICANN.
Uniregistrar Corp shares its Cayman Islands address with Uniregistry.
The company’s web site states:

Uniregistrar is a new ICANN accredited registrar designed to let you create domain names in the new top level domain extensions offered by Uniregistry.
Beginning in 2014 anyone will be able to create and manage their domain names using the simple site we plan to create here. The names offered by Uniregistrar will be shorter, clearer, easier to use and manage than the .com .net or .org names you know from the past.

Given that its IANA number does not yet appear on the official list, the accreditation must have been granted pretty recently.
Uniregistrar is already accredited to sell .asia, .biz, .com, .info, .jobs, .mobi, .name, .net, .org, .pro, .travel and .xxx names, suggesting that the company plans to sell more than just its own TLDs.
Schilling’s existing accredited registrar, iRegistry, which is used primarily (or exclusively) to manage Name Administration’s massive portfolio of domains, is only accredited in .com, .net, .org and .xxx.
Uniregistry is an applicant for 54 new gTLDs, including .auction, .sexy, .christmas and .blackfriday.
Unlike the current regime, under ICANN’s rules for new gTLDs, “vertical integration” — where a registry can own a registrar that sells domains in its TLDs — is permitted.

Go Daddy claims half-boobed Super Bowl ads success

Go Daddy reckons its two commercials broadcast in the US during the Super Bowl last night were the most successful in the company’s history, according to two key metrics.
The company said in a press release:

Last night’s ads delivered more new customers and more overall sales, as compared to any other Super Bowl campaign in the company’s history.

Go Daddy has been advertising during the game for nine years. This year was the third in which is has partnered with .CO Internet, the .co registry, on one of the ads.
One of the ads was shameless, vintage, attention-grabbing Go Daddy — primarily comprising a lingering shot of a passionate kiss between an attractive female model and a male geek archetype.
The other, which advertised .co, largely eschewed mammary glands in favor of the “Underpants Gnomes” theory of domain name advertising, in which registering a domain somehow leads to fabulous wealth.
ICM Registry used a similar tactic in its launch advertising late 2011.

The Super Bowl is the season finale of a little-played fringe sport known as “American Football”.
Viewers of the annual US broadcast traditionally pay special attention to the regular commercial interludes because the brief, fleeting moments of actual sport are so soul-sappingly tedious.

United Domains has 1 million new gTLD pre-regs

United Domains announced today that its new gTLD pre-registration program has racked up its millionth domain.
The registrar has been accepting no-commitment pre-regs since mid-2011, and currently lets customers express interest in over 120 not-yet-approved gTLDs.
The most popular is .web, with over 123,000 expressions of interest to date.
Customers are not of course guaranteed anything in return for handing over their email addresses, but for registrars and registries such programs are a useful way to measure (and drum up) interest.
Some say such programs do little more than sow confusion among registrants, however.

NameCheap resurrects anti-SOPA transfers promo

NameCheap has decided to bring back the promotion that saw roughly 20,000 domain names transferred to it from Go Daddy, in protest of the company’s stance on US legislation, a year ago.
Its “second annual Move Your Domain Day” will be on January 22, with inbound transfers costing $3.99 (a buck cheaper than last year) on domains in the five biggest gTLDs.
It will donate $0.50 to the Electronic Frontier Foundation for every transfer, escalating to $1 and $1.50 if it gets more than 10,000 and 20,000 domains respectively.
The original promo was an opportunistic move to capitalize on Go Daddy’s support for the censor-happy Stop Online Piracy Act, which caused a great deal of controversy a year ago.
SOPA is now of course dead, and the senior Go Daddy executive who was most vocally in support of the bill, general counsel Christine Jones, is no longer with the company.

Ten registrars spanked for ignoring ICANN audit

ICANN has sent breach notices to 10 domain name registrars for failing to respond to its ongoing contract compliance audit.
The 10 registrars with breach notices are: Crosscert, Mat Bao, DomainsToBeSeen.com, USA Webhost, Internet NAYANA Inc, Cheapies.com, Domainmonger.com, Lime Labs, Namevault.com, and Power Brand Center.
According to ICANN, these registrars failed to provide the requested documentation as required by their Registrar Accreditation Agreement.
The Contractual Compliance Audit Program is a proactive three-year effort to check that all registries and registrars are abiding by the terms of their agreements.
ICANN selected 317 registrars at random for the first year of the program. As of January 4, 22 had not responded to these notices.
Only registrars signed up to the 2009 version of the RAA are contractually obliged to respond.
Verisign, which was one of six gTLD registries selected to participate this year, has controversially refused to let ICANN audit .net, saying it is not obliged to do so.
While the .net contract does have some audit requirements, we understand they’re not as wide-ranging as ICANN’s audit envisages.
The 10 registrars have been given until February 1 to provide ICANN with the necessary information or risk losing their accreditations.

Registrars sought as Pool.com shuts down drop-catching business

ICANN is looking for new homes for approximately 67,000 domain names, after a decision by Momentous to dump 85 of its domain name registrar accreditations.
The accreditations were used primarily for drop-catching, according to an email sent to registrars last Friday, and each has between 200 and 3,000 gTLD domains under management.
While most affected domains are recently caught drops, there may be some regular registrants scattered throughout the customer base, according to ICANN.
Momentous, owner of Pool.com, announced that it was getting rid of its drop-catching registrars in an email to customers late last year, as several domainer blogs reported at the time.
Pool plans to “refocus its business away from an emphasis on the secondary market”, the email said.
The company wanted to consolidate all of the domains in its NameScout registrar with the transfer fees waived, but ICANN declined its request, according to the email.
Some customers are not happy with how Pool has handled the situation.
The domainer “Acro” is currently pursuing a complaint with the Better Business Bureau in Momentous’ native Canada, according to a recent blog post.
The 85 accreditations are due to expire January 10. Registrars wishing to take over the portfolios had a deadline of this afternoon to express an interest with ICANN.