.sucks launches despite trademark lobby outrage

Vox Populi took its .sucks new gTLD into its sunrise period as planned today, despite an 11th-hour outcry from trademark lawyers.
Pricing varies wildly between registrars.
Registry CEO John Berard told DI today that the TLD became available to trademark owners at a minute after midnight UTC this morning as scheduled.
ICANN’s Intellectual Property Constituency had asked ICANN’s top brass late Friday (mid-way through California’s final working day before the sunrise was due to begin) to “halt” the launch.
I’ve yet to hear confirmation from ICANN that it will not take action as a result of the IPC’s letter, but it has evidently not so far chosen to intervene.
The IPC described .sucks, with its suggested $2,500 sunrise fee, as a “shakedown” and a “perversion” of the new gTLD program’s rights protection mechanisms.
Vox Pop has also published its registry-level fees.
It turns out its sunrise fee is $1,999, with a suggested retail price of $2,499.
That’s an attractive mark-up for registrars, but it’s not clear from the registry’s web site how many of its 30-plus contracted registrars have chosen to participate in the sunrise phase.
With the current volume of sunrise registrations running at fewer than 1,000 per TLD, and most registrations coming via a small number of brand protection registrars, it’s debateable whether it’s worthwhile for most registrars to bother with the extra implementation work.
Several retail registrars I checked are not currently offering sunrise names.
One corporate registrar, IPC member MarkMonitor, has promised to only mark up registrations by $25 per name, saying it refuses to profit from .sucks. Presumably, therefore, it is selling sunrise names for $2,024.
Of the registrars I checked that publish their prices on their web sites, Marcaria and 101domain are selling for $2,199. LexSynergy is priced in GBP that works out to $2,533 a year. Rebel.com has gone for $2,600 (including a $100 non-refundable application fee).

US confirms Neustar to lose $475m-a-year contract

Neustar still seems set to lose a critical US government contract that provides half of its annual revenue.
The Federal Communications Commission voted unanimously last week to begin talks with rival contract bidder Telcordia, saying it will save the US consumer hundreds of millions of dollars a year.
Since 1997, Neustar has administered the telephone number portability system in the US. It’s not related to domain names.
Neustar, which also runs .us, .biz and .co, made $474.8 million from the deal in 2014, 49% of its annual revenue.
Commissioner Ajit Pai said in a statement:

Should we now declare Telcordia the next local number portability administrator? When you compare the numbers, the answer is clear. Last year, the current contract cost about $460 million. In contrast, Telcordia bid less than $1 billion for a seven-year term — that’s less than $143 million per year. That’s substantial savings for the American public.

Neustar told Bloomberg that the ruling was “procedurally defective” and that the company is “considering all options to address the significant flaws.”
Some kind of legal action to attempt to block the negotiations seems possible.
The company has also initiated a share buy-back to prop up its stock in light of the bad news.

Will Vox Populi eat its own .sucks dog food?

Vox Populi has yet to decide whether it will put its mouth where its money is and open up its own brand for the .sucks treatment.
In a radio interview with the Canadian Broadcasting Corporation’s Day 6 show broadcast on Friday, registry CEO John Berard was asked whether the company would register voxpopuli.sucks and allow it to be used as a third-party criticism site.
Vox Populi is positioning .sucks as a space where big brands and others register names in order to solicit useful commentary, criticism and conversation from their customers.
So the correct answer to the question would have been: “Yes, of course we will do that.”
But Berard was more ambiguous in his response:

HOST: What will you do with the voxpopuli.sucks web site? Will you put it up or will you hold it?
BERARD: My instinct would be to put it up.
HOST: But there’s a possibility that you won’t?
BERARD: It’s a business decision we’ll have to make and I think it’s probably the smarter business decision to put it up.

In my view, the company would be mad to sit on voxpopuli.sucks and related names.
By eating its own dog food, it would send the message that it actually believes its own marketing line.
I’m frankly surprised that Vox Pop has not already enthusiastically confirmed it will open itself up to the same kind of treatment as its sunrise period customers.
The full 15-minute CBC piece, which includes four minutes of yours truly busting his radio cherry and five of domain investor Rick Schwartz bitching about how “corrupt” ICANN is, can be streamed here.
The .sucks sunrise period begins today, with a controversial recommended retail price of $2,500 per year.

“Halt perverted .sucks shakedown now!” demands IPC

Intellectual property interests have asked ICANN to put an immediate stop to the roll-out of the .sucks new gTLD.
A letter to Global Domains Division president Akram Atallah, sent by the Intellectual Property Constituency this evening and seen by DI, calls the registry’s plans, which include an “exorbitant” $2,500 sunrise fee, a “shakedown scheme”.
It’s also emerged that Vox Populi, the .sucks registry, has agreed to pay ICANN up to a million dollars in mysterious fees that apply to no other new gTLD registry.
The IPC letter states.

the Intellectual Property Constituency is formally asking ICANN to halt the rollout of the .SUCKS new gTLD operated by Vox Populi Registry Inc. (“Vox Populi”), so that the community can examine the validity of Vox Populi’s recently announced plans to: (1) to categorize TMCH-registered marks as “premium names,” (2) charge exorbitant sums to brand owners who seek to secure a registration in .SUCKS, and (3) conspire with an (alleged) third party to “subsidize” a complaint site should brand owners fail to cooperate in Vox Populi’s shakedown scheme.

Vox Populi intends to take .sucks to sunrise on Monday, so the IPC wants ICANN to take immediate action.
The high price of registration, the IPC believes, will discourage trademark owners from using the sunrise period to defensively register their marks.
Meanwhile, the registry’s plan to make the domains available for $10 under a “Consumer Advocate Subsidy”, will encourage cybersquatting, the IPC says.

by discouraging trademark owners from using a key RPM, we believe that the registry operator’s actions in establishing this predatory scheme are complicit in, and encourage bad faith registrations by third parties at the second level of the .SUCKS gTLD, and thus drastically increase the likelihood of trademark infringement, all for commercial gain

The letter goes on to say that Vox Populi may be in violation of its registry contract and the Post-Delegation Dispute Resolution Policy, which was created to prevent registries turning a blind eye to mass cybersquatting.
There’s also a vague threat of legal action for contributory trademark infringement.
The IPC has particular beef with the registry’s Sunrise Premium program. This is a list of strings — mostly trademarks — that have been defensively registered in earlier sunrise periods.
Sunrise Premium names will always cost $2,500, even after sunrise, when registered by the trademark owner.
The IPC says:

Vox Populi is targeting and punishing brand owners who have availed themselves of the RPMs or shown that they are susceptible to purchasing defensive registrations… This will have a chilling effect on TMCH registrations and consequently discredit all of the New gTLD Program RPMs in the eyes of brand owners, whose buy-in and adoption of new gTLDs is widely acknowledged to be critical to the success of the new gTLD program.

Finally, and perhaps more disturbingly, the IPC has discovered that the .sucks registry agreement calls for Vox Populi to pay ICANN up to a million dollars in extra fees.
As well as the usual $25,000-a-year fee and $0.25 per-transaction fee, .sucks has already paid ICANN a $100,000 “registry access fee” and has promised to pay a $1 “registry administration fee” per transaction on its first 900,000 domains.
Its contract states:

Registry Operator shall also pay ICANN (i) a one-time fixed registry access fee of US$100,000 as of the Effective Date of this Agreement, and (ii) a registry administration fee of US$1.00 for each of the first 900,000 Transactions. For the avoidance of doubt, the registry administration fee shall not be subject to the limitations of the Transaction Threshold.

This makes ICANN look absolutely terrible.
What the hell is a “registry access fee”? What’s a “registry administration fee”?
One guess would be that it’s ICANN stocking up its legal defense fund, suspecting the kerfuffle .sucks is going to cause.
But by taking the Vox Pop shilling, ICANN has opened itself up to accusations that it’s complicit in the “shakedown”.
If it does not block .sucks (which was probably the most likely outcome even without mysterious fees) the IPC and other .sucks critics will be able to point to the $1 million as a “bribe”.
The behavior is not without precedent, however.
There’s a reason ICM Registry pays ICANN a $2 fee for every .xxx registration, rather than the much lower fees charged to other gTLD registries.
Read the IPC letter here.

ICANN 50% renewal predictions not based on registry data

ICANN’s projection that new gTLDs will see renewals of between 25% and 50% is not based on empirical data from new gTLD registries.
The predictions, which come in under industry standard expectations, are “conservative and somewhat subjective”, ICANN said.
The organization last week revealed that its 2016 budget is partly based on a high estimate of 50% renewals, with 25% for registries that gave their domains away for free.
Because ICANN would have been in possession of actual registry transaction reports for February at the time of publication, I wondered whether the 50% number was anchored in early new gTLD registries’ actual experience.
Transaction reports give the actual number of renewals each registry gets in any given month.
But ICANN told DI today that its 2016 budget was “produced in November 2014 and reviewed in January 2015 by the GDD Domain Name Services team.”
An ICANN spokesperson said:

These projections are strictly for revenue planning, so they are rather conservative and somewhat subjective. We have limited historical data to refer to when examining new gTLD domain name renewals; these are uncharted waters.
…
As renewals occur, we will be in a better position to refine our assumptions when and if the actual data varies widely from what we have assumed in our model.

Donuts’ current renewal number, revealed as part of a blog series, is 71%. It has not yet stabilized.

Governments go on a kill-crazy rampage with new two-letter domain veto

ICANN has confirmed to new gTLD registries that governments now get to unilaterally block two-letter domains that match their home ccTLDs.
The organization has essentially given nations a veto — already enthusiastically exercised — over domains including il.army, it.pizza and fr.domains.
I’m not making this up. The Italian government has banned anyone from registering it.pizza.
Governments have already started invoking their new-found right, with dozens of domains already heading to the block-list.
The veto was revealed in a letter from Akram Atallah, president of ICANN’s Global Domains Division, to the Registries Stakeholder Group yesterday.
It has not been published yet, but I’ve had its contents confirmed by a few registries and I understand the RySG mailing list is buzzing about it today.
In it, Atallah says that two-letter strings that do not receive objections from the government with the matching ccTLD will be released within seven to 10 days of comment periods closing.
However, strings that do receive objections will remain blocked.

For labels that receive objections from relevant governments, the labels will remain reserved. Should the registry operator and the objecting government reach an agreement regarding the release of the label, the registry operator shall notify ICANN that it has reached agreement, and ICANN will approve the release request and issue an authorization. The label will no longer be a reserved name.
…
until there is Consensus Policy or a Board Resolution on this matter, ICANN can only follow the process outlined above. ICANN encourages further community discussions to resolve this matter, and until then, negotiation between the objector and the registry operator as a means to release this class of labels from the reserved names list.

New gTLD registries believe, as they explained in a recent letter (pdf), that neither ccTLD operators nor their governments own these two-character strings. They believe ICANN is creating new rights.
So far, two-character domains have been banned by default in all new gTLDs. It was kind of a placeholder policy in order to get the new gTLD program launched a few years ago.
ICANN did enable the release of letter-number, number-letter and number-number strings in December, but made letter-letter combinations subject to government comments.
Following a GAC outcry last month, the comment periods were extended.
All comments were to be “fully considered”, but it wasn’t clear what that meant until the RySG asked and Atallah replied yesterday.
Some governments are already using the comment period to exercise their new veto.
The European Commission, for example, has objected to eu.credit, eu.creditcard, eu.auction, eu.casino, eu.bingo and eu.law.
The basis for the EU objections is in most of the cases: “The new TLD at hand corresponds to a regulated market in many EU countries. Its release might generate confusion and possible abuses at the end users level.”
It’s a wonder that the EU doesn’t seem to care about those strings in its own .eu ccTLD, where they’re all registered by people that I suspect may lack credentials.
Does credit.eu look to you like the registrant is a credentialed member of a regulated financial services industry? If he was, he may be able to afford a better web site.
The Commission also objects to eu.community, because:

the terms “EU Community” or “European Community” are widely used

That is true, which makes me wonder why the EU is allowing community.eu to languish parked at Sedo. You’d have to ask the Commission.
Israel, meanwhile, objects to il.casino, il.bingo, il.law, il.chat, il.bible, il.country, il.airforce, il.navy and il.army
The Vietnamese ccTLD registry has objected to several vn. domains, but it’s not clear to me whether it has veto authority.
Italy has objected to it.pizza, it.bingo and it.casino. Really, Italy? You’re objecting to “it.pizza”?
Côte d’Ivoire objects to all ci. domains.
Spain objects to es.casino, es.bingo and es.abogado.
Again, I invite you to check out bingo.es and casino.es and make a judgement as to whether the registrants are licensed gambling establishments.
Taiwan has vetoed the release of .tw in all city gTLDs (such as tw.london, tw.berlin etc) over a “concern that the release of above-mentioned domain names may cause the degradation of statehood”.
France has objected to “fr” in .archi, .army, .airforce, .bank, .bet, .bio, .casino, .cloud, .dentist, .doctor, .domains, .finance, .lawyer, .navy and .sarl.
Again again, several of these domains are just parked if you flip the words to the other side of the dot.
As a reminder, ICANN CEO Fadi Chehade said recently:

Come on guys, do not apply rules that you’re not using today to these new folks simply because it’s easy, because you can come and raise flags here at ICANN. Let’s be fair.

Why is .sucks based in Frank Schilling’s office?

The upcoming new gTLD .sucks is being run from the offices of Frank Schilling’s Uniregistry and it has a close business relationship with the registry, DI has discovered.
Vox Populi Registry, which runs .sucks and which I and many others have been assuming is completely controlled by Canadian registrar group Momentous, in fact seems to be tightly aligned with Uniregistry.
Schilling characterized it both as a “working relationship” and a “joint venture” today.
I heard through the rumor mill last year that Uniregistry may have a stake in Vox Pop.
But it wasn’t until I checked the IANA database record for .sucks today that the rumor seemed to be to an extent confirmed.
The address for Vox Populi, a Canadian company according to its ICANN contract, is listed as Uniregistry’s office in Grand Cayman in both Registry Sponsor and Administrative Contact records.
Momentous CEO Rob Hall is named as Technical Contact at a Barbados address.
“We have a joint venture agreement and are presently handling postage and handling for Vox Populi,” Schilling told DI today. “We are providing office space services to them as well.”
He characterized the deal as a “working relationship”.
I would not be at all surprised if it’s much closer than that.

Verisign adds 750,000 .com names instantly with reporting change

Verisign has boosted its reportable .com domain count by almost 750,000 by starting to count expired and suspended names.
The change in methodology, which is a by-product of ICANN’s much more stringent Whois accuracy regime, happened on Friday afternoon.
Before the change, the company reported on its web site that there were 116,788,107 domains in the .com zone file, with another 167,788 names that were registered but not configured.
That’s a total of 116,955,895 domains.
But just a few hours later, the same web page said .com had a total of 117,704,800 names in its “Domain Name Base”.
That’s a leap of 748,905 pretty much instantly; the number of names in the zone file did not move.
.net jumped 111,110 names to 15,143,356.
The reason for the sudden spikes is that Verisign is now including two types of domain in its count that it did not previously. The web page states:

Beginning with the first quarter, 2015, the domain name base on this website and in subsequent filings found in the Investor Relations site includes domains that are in a client or server hold status.

I suspect that the bulk of the 750,000 newly reported names are on clientHold status, which I believe is used much more often than serverHold.
The clientHold EPP code is often applied by registrars to domains that have expired.
However, registrars signed up to the year-old 2013 Registrar Accreditation Agreement are obliged by ICANN to place domains on clientHold status if registrants fail to respond within 15 days to a Whois verification email.
The 2013 RAA reads (my emphasis):

Upon the occurrence of a Registered Name Holder’s willful provision of inaccurate or unreliable WHOIS information, its willful failure promptly to update information provided to Registrar, or its failure to respond for over fifteen (15) calendar days to inquiries by Registrar concerning the accuracy of contact details associated with the Registered Name Holder’s registration, Registrar shall either terminate or suspend the Registered Name Holder’s Registered Name or place such registration on clientHold and clientTransferProhibited, until such time as Registrar has validated the information provided by the Registered Name Holder.

Last June, registrars claimed that the new policy — which came after pressure from law enforcement — had resulted in over 800,000 domains being suspended.
It’s an ongoing point of contention between ICANN, its registrars, and cops.
Verisign changing its reporting methodology may well be a reaction to this increase in the number of clientHold domains.
While its top-line figure has taken a sharp one-off boost, it will still permit daily apples-to-apples comparisons on an ongoing basis.
UPDATE:
My assumption about the link to the 2013 RAA was correct.
Verisign CFO George Kilguss told analysts on February 5.

Over the last several years, the average amount of names in the on-hold status category has been approximately 400,000 names and the net change year-over-year has been very small.
While still immaterial, during 2014, we saw an increase in the amount of names registrars have placed on hold status, which appears to be a result of these registrars complying with the new mandated compliance mechanisms in ICANN’s 2013 Registrar Accreditation Agreement or RAA.
In 2014, we saw an increase in domain names placed on hold status from roughly 394,000 names at the end of 2013 to about 870,000 at the end of 2014.

All eyes on Donuts as first new gTLD renewal figures roll in

Donuts is about to give the world the clearest picture yet of the ongoing demand for new gTLD domain names.
The company has taken the unprecedented decision to disclose its renewal figures on a pretty much live basis.
COO Richard Tindal has been blogging renewal stats for .bike, .clothing, .guru, .ventures, .holdings, .plumbing and .singles for the last few days.
Those were the first seven of its gTLDs to hit general availability.
To Saturday, the renewal status of 6,352 names in these gTLDs was known and the renewal rate was 85.3%.
However, that rate is boosted by the relatively high proportion of the names that were registered during sunrise periods.
Donuts said that “two thirds” of the 6,352 reported domains were registered after sunrise.
That doesn’t make a whole lot of sense to me, given that Donuts has previously put the total number of sunrise regs across the seven TLDs at just 1,404, which would work out at about 22%, not 33%.
On Friday, the company had said that the status of 4,534 names was known and the renewal rate was 91.6%.
If you deduct the Friday numbers from the Saturday numbers, you get to 1,265 renewals and 553 drops, a renewal rate of almost 69.6% for that particular day.
That number, which is a few percentage points off what a gTLD such as .com regularly reports, could of course fluctuate.
The full-year renewal rate, which would factor out much of the domainer activity, of course won’t be known for another year.
Donuts said it expects its renewal rate to drop to the mid-70s in its next daily report, expected today, which will cover an additional 22,910 domains.
The company’s decision to blog its numbers comes a day or two after we reported that ICANN is only budgeting for renewals of 50%.
The 14.6% of names not renewed works out to about 933 domains.
“We believe most of those names will be re-registered by another party within the next 35 days,” Tindal wrote.
As they were all registered in the early days of GA, one might expect them to be of a reasonably high quality.
While GA began at the end of January 2014, renewal rates are not known until the Auto-Renew Grace Period, which can be as long as 45 days, has expired.

ICANN slashes new gTLD revenues by 57%, forecasts renewals at 25% to 50%

ICANN has dramatically reduced the amount of revenue it expects to see from new gTLDs in its fiscal 2015.
According to a draft 2016 budget published this morning, the organization now reckons it will get just $300,000 from new gTLD registry transaction fees in the year ending June 30, 2015.
That’s down 75% from the $1.2 million predicted by its FY 2015 budget, which was approved in December.
Transaction fees are paid on new registrations, transfers and renewals, but only by gTLDs with over 50,000 billable transactions per year.
Today, only 14 of the 522 delegated new gTLDs have added more than 50,000 names. ICANN says that only 17 registries are currently paying transaction fees.
It’s not only the transaction fees where ICANN has scaled back its expectations, however.
The organization also expects its fixed new gTLD registry fees — the $6,250 each registry must pay per quarter regardless of volume — to come in way below targets.
The new budget anticipates $12.7 million from fixed registry fees in FY15, down 24% from the $16.7 million in its adopted FY15 budget.
This is presumably due to larger than expected numbers of would-be registries either withdrawing or dragging their feet in the path to delegation.
Registrar transaction fees are now anticipated at $1.1 million, compared to $2 million and $3.2 million predicted by the adopted and draft FY15 budgets respectively.
Taking all three revenue sources together, ICANN now expects new gTLDs to contribute just $14.1 million to its fiscal 2015 revenue, down 29% from the $19.8 million forecast in its adopted FY15 budget.
That’s down 57% from the $32.7 million in the original draft budget for the period.
The current budget assumes 15 million new gTLD registrations in the 12-month period, revised down from the 33 million domains predicted in its draft FY15 budget a year ago.
With just a few months left until the end of the fiscal year, there are currently fewer than 4.5 million domains in published new gTLD zone files.
ICANN plainly no longer expects new gTLDs to get anywhere close to 15 million domains.
Renewals expected to be weak, weak, weak
The organization is taking a conservative view about renewals for 2016.
The 2016 budget expects renewals at just 50% for regular gTLDs and 25% for registries — presumably ICANN has .xyz in mind — that gave away domains for free at launch.
That 50% is both ICANN’s “best” and “high” estimate. Its “low” estimate is 35% for non-free domains.
Obviously, 50% is a very low renewal number for any registry (70%+ is the norm). Even شبكة. (.shabaka) told us recently that 55% of its registrants are renewing before their domains expire.
Conversely, 25% may be a very optimistic number for free domains (when Afilias gave away free .info names a decade ago, almost all of them dropped rather than being renewed).
For fiscal 2016, which begins July 1, 2015, ICANN expects new gTLD revenue to be $24.1 million — about a quarter off its original plan for 2015.
That breaks down as $19.9 million from registry fixed fees, $2 million from registry transaction fees, and $2.3 million from registrar transaction fees.
ICANN said it is is assuming that it will start the year with 602 registries and end it with 945.
The proposed FY16 budget, now open for comment, can be found here.
For comparison purposes, the adopted FY15 budget is here (pdf) and the draft FY15 budget is here (pdf).