Verisign defends .com price increases

Verisign has assured investors that it is confident its .com registry agreement is not in jeopardy, after seeing its stock plummet due to uncertainties over the deal.
In a statement yesterday, the company also defended the planned continuation of its price-raising powers.
It emerged last week that the US Department of Commerce is looking into the pricing arrangements of the new .com deal, which ICANN approved back in June.
Commerce has the right — in consultation with the Department of Justice and others — to approve or reject the contract based on its security/stability and pricing terms.
Whatever happens, it’s virtually unthinkable that Verisign will lose the contract. The company said:

While the review process with the Commerce Department may extend beyond Nov. 30, 2012, it could also be concluded by Nov. 30, 2012. In either case, Verisign expects to continue to run the .com registry.

It also said that its ability to increase prices by 7% in four of the six years of the contract is in fact in the public interest, saying in a lengthy statement:

The .com registry has an unequaled record of achievement, with full availability of DNS resolution in .com for more than 15 consecutive years. The economic activity supported by the .com registry is significant by any measure in an environment where the consequences of a failure of even a very short duration or degradation of the Domain Name System (DNS) resolution service, due to either a cyber attack or failure of hardware, software, or personnel, would have significant economic and non-economic impacts to the global economy.
The level of security and stability offered by Verisign is only possible with investments in overcapacity and redundancy, network security, intellectual property (IP) and in human capital: The engineers and employees at Verisign who operate the .com registry and ensure its security and stability. The pricing terms of the .com Registry Agreement enable Verisign to make these investments, develop the necessary IP, know-how and purpose-built systems, respond to new threats to stability as they emerge, and recruit and retain the specialized talent necessary to maintain our network, including dozens of globally distributed constellation sites and data centers in the U.S. and elsewhere.

In essence, Verisign is saying that the security and stability record — which Commerce evidently has already reviewed to its satisfaction — are inextricably linked to its ability to raise prices.
The company’s share price fell 18% in the aftermath of last week’s news, but recovered slightly yesterday — gaining about 11% — after the statement was released.

ICM to intro sponsored search results with $75 credit for registrants

Tearing several chapters out of the Google playbook, ICM Registry is to introduce a sponsored search placement service for .xxx registrants, along with a substantial introductory credit.
The company will give each registrant a $75-per-domain credit against its forthcoming search platform, which in many cases will completely offset the cost of their .xxx domain.
As has been pointed out elsewhere, it’s the AdWords model for porn, following on from the recent launch of search.xxx, which ICM says has already had more than 12 million page views.
The ad system is expected to roll out in “early 2013”, but ICM has launched the credits incentive now in order to get early registrants to renew their domain names.
The vast majority of .xxx’s roughly 140,000 registrations occurred during its first two months of general availability and will be coming up for renewal in December and January.
That said, ICM had said even prior to this announcement that its early renewals were looking promising.
The ad credit will apply to all .xxx domains renewed or registered before January 31, 2013, ICM said in a press release.
The company has long talked about its plans for generating advertising and micropayment-based revenue. Over the long term, selling domains may prove to be a small part of its business.

Demand Media: ignore our Republican gTLD rivals

Demand Media has asked ICANN to “ignore” complaints from the US Republican party about its application for the .republican gTLD.
Last month, the Republican National Committee and the Republican State Leadership Committee submitted comments to ICANN arguing that Demand would be an unsuitable custodian for the gTLD.
Demand is best known for its “unofficial, mediocre and sometimes incorrect” content farms, such as eHow, the letter (pdf) said.
The company should not be allowed to run .republican because it implies endorsement by the Republican party, or some kind of community backing for a non-Community application, the letter said.
This week, Demand has responded, saying it’s nothing but competitive posturing, given that the RSLC has applied for .gop (for “Grand Old Party”, a nickname for the Republicans):
A letter to ICANN from Demand subsidiary and .republican applicant United TLD Holdco, says:

Because the RSLC and RNC have applied for .GOP, an arguably competing string, it is easy to see through these arguments and ignore them as nothing more than an attempt to undermine the credibility of United TLD in order to gain a competitive advantage.
…
By their own admission, RSCL and RNC agree that “.REPUBLICAN has the potential to be a very powerful gTLD.” It is natural then, that they would attempt to discredit United TLD in the hope of eliminating competition for their own string.

The thrust of Demand’s rebuttal is that Republicanism is not an exclusively American movement — other parties around the world use the name — and that it also has generic meaning.
It further argues that the quality of the content Demand provides elsewhere is irrelevant, because the company plans to sell .republican domain names, not produce content there.
Demand has also applied for .democrat, the other major US political party, but did not receive any complaints from the Democratic party during the designated ICANN comment period.

Independent Objector launches web site

The new gTLD program’s Independent Objector has launched his own web site, independently from ICANN.
Alain Pellet is the French international law expert appointed in May to the IO role. The new web site also reveals that one Julien Boissise is assisting him.
The IO’s job is to file Community Objections and Limited Public Interest Objections against new gTLD applications, should the need arise.
In practice, I’d be very surprised to see any of the latter filed during the current application round, but I’d expect to see several Community Objections.
Pellet will file his objections before January 13, according to the web site. That’s the current objection-filing deadline, which ICANN plans to extend to March 13.

US probing Verisign price hikes, .com contract may be extended

The US Departments of Commerce and Justice are investigating the price increase provisions of Verisign’s .com registry agreement.
Verisign CEO Jim Bidzos disclosed the “review” on a conference call with financial analysts tonight.
It is likely that it will last beyond November 30 2012, the date the current .com agreement expires, he said.
“There’s a possibility it will not be complete by November 30,” he said.
A special six-month extension is likely to be triggered, he said.
“The status of our ability to operate .com is not an issue here,” he said.
He declined to comment on questions related to the likelihood that the company would be forced to change its pricing plans.
Verisign has spent $3.9 million in legal and other fees related to the US review, it emerged during the call.
ICANN approved the contract, which gives Verisign the right to increase its .com registry fees by 7% in four of the next six years, in June.
ICANN will see an extra $8 million in revenue from Verisign as a result.
Due to the special nature of .com, Justice and Commerce approval is required before the contract can be renewed. Verisign had previously expected that to come before November 30.
Verisign shares are trading down 14% in after-hours trading following the news.

Only 2% of phishing attacks use cybersquatted domain names

The number of cybersquatted domain names being used for phishing is falling sharply and currently stands at just 2% of attacks, according to the Anti-Phishing Working Group.
The APWG’s first-half 2012 report (pdf) identified 64,204 phishing domains in total.
Of those, the group believes that only 7,712 (12%) were actually registered by the phishers themselves. The rest belonged to innocent third parties and had been compromised.
That’s a steep drop from 12,895 domains in the second half of 2011 and 14,650 in the first half of 2011.
Of the 7,712 phisher-owned domains, about 66% were being use to phish Chinese targets, according to the APWG.
The group’s research found only 1,350 that contained a brand name or a misspelling of a brand name.
That’s down from 2,232 domains in the second-half of 2011, representing just 2% of all phishing domains and 17% of phisher-owned domains.
The report states:

Most maliciously registered domain strings offered nothing to confuse a potential victim. Placing brand names or variations thereof in the domain name itself is not a favored tactic, since brand owners are proactively scanning Internet zone files for such names.
As we have observed in the past, the domain name itself usually does not matter to phishers, and a domain name of any meaning, or no meaning at all, in any TLD, will usually do.
Instead, phishers almost always place brand names in subdomains or subdirectories. This puts the misleading string somewhere in the URL, where potential victims may see it and be fooled. Internet users are rarely knowledgeable enough to be able to pick out the “base” or true domain name being used in a URL.

Taken as a percentage of attacks, brand-jacking is clearly a pretty low-occurrence offence, according to the APWG’s numbers.
In absolute numbers, it works out to about 7.5 domain names per day that are being use to phish and contain a variation of the brand name being targeted.
Unsurprisingly, the APWG found that Freedom Registry’s .tk — which offers free registration — is the TLD being abused most often to register domains for phishing attacks.
More than half of the phisher-owned domains were in .tk, according to the report.

First .post domains going live

After entering the DNS root in August, the .post gTLD has started accepting its first registrations.
The Italian postal service is one of the first web sites with a .post address to go live, according to the Universal Postal Union, the registry manager.
Its site at posteitaliane.post appears to be more than just a mirror of its main .it site.
The postal services from Malaysia and Brazil have also signed up, according to the UPU.
The UPU has grand plans for the gTLD, promising a “global track and trace application” that will “enable customers to track the items they have ordered until final delivery.”

CoCCA withdraws from APTLD over support for AusRegistry “monopoly”

Registry services provider CoCCA has pulled out of the Asia Pacific Top Level Domain Association after APTLD gave support to AusRegistry in its campaign to continue to run .au.
The company claims that APTLD — the Hong Kong-based association of ccTLD operators from the region — backed AusRegistry because AusRegistry is one of its largest donors.
The allegations center on a consultation run by AuDA, the policy overseer for Australia’s .au domain.
AuDA is currently deciding whether to renegotiate AusRegistry’s longstanding registry back-end contract — which is its preferred option — or open it up to public tender.
Draft recommendations published for comment last month suggest that the contract should remain with AusRegistry when it expires in 2014, albeit with renegotiated terms.
CoCCA is mad with APTLD for submitting a comment in support of these recommendations without first consulting its membership, suspecting AusRegistry’s sponsorship of APTLD might have something to do with it.
(October 24 Update: APTLD has submitted a revised comment here. The original submission can be found here.)
In an email to APTLD last week, CoCCA director Garth Miller said:

That AusRegistry, a large for-profit company that is an associate member of APTLD can simply make a phone call to a board member and get the board to make a public submission on behalf of all members that a scheduled public tender be cancelled and AusRegistry be awarded the contract – worth as much as several hundred million dollars, because they have made substantial contributions to the APLTD in the past and are likely to do so in the future if awarded the contract is, in my view, disturbing.

CoCCA, which already provides registry services for a few ccTLDs in the region and runs the .cx (Christmas Island) ccTLD, reckons the .au back-end contract should be opened to competitive bidding.
Judging by the other submissions to AuDA’s consultation, which are published here, it’s a minority view.
Every other comment — most of which were sent by .au registrars, even newcomers such as Go Daddy — supports the recommendation that AusRegistry should keep the deal.
And AusRegistry says that everything is above board. CEO Adrian Kinderis said in a statement sent to DI:

AusRegistry has been actively seeking acknowledgments and recommendations from valued partners and industry leaders over the past month. This included an approach to APTLD to seek a reference from them to acknowledge the positive industry engagement and continued support and participation of AusRegistry in the Asia Pacific domain name industry. APTLD responded positively to our request. AusRegistry has made no secret of such, and to suggest that clandestine calls have taken place is simply not true.

APTLD also denied that it has done anything wrong, though it does not appear to be denying that AusRegistry contributions may have played a part in its decision.
In a statement, APTLD told DI:

The allegation on APTLD must be a misunderstanding and is untrue. APTLD has no comments to make on the tendering process and whether a public tender should be conducted. APTLD does not have sufficient local knowledge to provide any constructive comments. All APTLD can provide is a reference for AusRegistry as an active and positive player in the domain name industry in the Asia Pacific region. Past contributions to APTLD is just one of the many factors when the Board considers whether to provide a reference to a particular member.

AusRegistry has been running the .au registry under contract with AuDA since 2001. It’s used its experience to launch ARI Registry Services, a pretty big player in the new gTLD back-end market.
Last time its .au deal was renegotiated, prices came down.

Here’s how Donuts wants to resolve its 158 new gTLD contention fights

Donuts is backing a private auction model designed and managed by Cramton Associates as its preferred solution for resolving its 158 new gTLD contention sets.
The proposals, spelled out by auction design expert Peter Cramton during private sessions with new gTLD applicants, caused a bit of a buzz — not all of it positive — at the ICANN meeting in Toronto last week.
But Donuts co-founder Jon Nevett told DI today that Cramton has addressed rivals’ concerns and that Donuts wants to handle as many of its contention sets as possible via private auction.
The idea is that private auctions will be faster and cheaper for applicants than the process set out by ICANN as the “last resort” method for resolving contention sets.
In the ICANN model, all of the proceeds of the auction would go to ICANN, to be distributed to worthy causes at a later date. But with a private auction, the winning bidder pays the losers.
This makes it more attractive to applicants, according to Donuts.
“The cost of losing an ICANN auction is greater than the cost of losing a private auction,” Nevett said. “If you lose an ICANN auction you get nothing, zero, you lose your asset.”
But with private auctions, “it doesn’t hurt as much to lose, so the theory is the second-place guys won’t stretch as much,” he said.
Cramton is a professor of economics at the University of Maryland. A long-time auction specialist, he’s been involved in designing processes for selling off wireless spectrum around the world.
For new gTLDs, Cramton proposes an “ascending clock” auction. At each stage, the price is increased by the auctioneer and the bidders/sellers can either commit to pay that amount or drop out.
The last man standing wins the gTLD, paying the amount that the second-highest bidder was willing to pay.
The money would be divided equally between all the losing applicants. According to Cramton, the advantage over proportional distribution is that it does not encourage applicants to over-bid, keeping costs down.
Cramton’s original plan, which left some applicants scratching their heads last week, was to run the auctions in the first quarter of 2013, before ICANN announces the results of Initial Evaluation.
That would mean that losing bidders would get a 70% refund of their ICANN application fee, which may be an attractive percentage in the case of low-value strings.
But it also means that an applicant could win an auction and later discover its application has been rejected. The other applicants would have withdrawn, so the gTLD would just disappear into the ether.
Judging by a series of videos shot last week and published on Cramton’s YouTube account, many applicants are in favor of running the auctions after IE results have been announced.
Another complaint expressed by Donuts’ competitors last week is Cramton’s “all or nothing” approach, in which Donuts’ rivals would have to commit to use the auctions for their entire portfolio of applications.
According to Nevett, that idea is no longer on the table.
“In the beginning he was discussing that it would have to be all your TLDs or none, and I think a lot of applicants told him that was unacceptable, so he changed his view,” he said.
The idea now is that the auctions would proceed on a TLD-by-TLD basis.
Given that winning bidders are giving money to their competitors, another concern is the ordering of the auctions. You don’t necessarily want to give your rivals a big wedge of cash they can use to out-bid you on the next lot.
The preferred solution here appears to be a simultaneous auction, with all the participating contention sets being resolved at the same time.
There was also a deal of suspicion in Toronto about whether Cramton would be biased towards Donuts, given that Donuts is responsible for finding Peter Cramton and introducing him to the gTLD program.
But Nevett said that Donuts has not contracted with Cramton. Peter Cramton showed up in Toronto on his own dime and has not required an up-front payment from Donuts, Nevett said.
“Every applicant has a veto on whether to participate, and it won’t happen unless every applicant wants to do it,” Nevett said. “Our incentive is to have an auction provider who is attractive to every applicant.”
“Our goal is to get as many applicants to participate in a private auction, so we need the auction to be designed in a way that is simple, fair and inclusive,” he said.
But there’s no denying that Donuts has a greater incentive than most to have a consolidated auction. By its own admission, it’s an eight-person operation without the manpower to negotiate 158 contention sets.
Cramton’s materials from last week’s Toronto sessions can be found at applicantauction.com or here.

Soon Verisign could sell .com domains direct

With little fanfare, ICANN last week formally approved new rules that could allow incumbent registry operators to own registrars that sell domains in their own gTLDs.
The policy would give the likes of Verisign, Neustar and Afilias the right to become affiliated with registrars that sell .com, .biz and .info names respectively.
These registries would have to sign up to the standard new gTLD registry agreement first, or submit to contract renegotiation in order to drop their current cross-ownership bans.
In either case, they would become bound by the new registry Code of Conduct, preventing them from offering preferential terms to their affiliated registrars.
The new rule came into effect following the ICANN board meeting on Thursday, at which this resolution was passed.
ICANN had already dropped cross-ownership restrictions for new gTLD registry operators, but held back from bringing in the same rules for incumbents due to concerns from competition authorities.
After exchanges of letters with the European Commission and US Department of Commerce, these concerns appear to have dried up, however. ICANN said in its resolution:

it appears that there is no longer any reason against extending the approved process to existing registry operators for their own TLDs.
This action will be an advantage for the ICANN community, as it will provide the opportunity for treating all registry operators equally with respect to cross-ownership restrictions.

Registries would have their requests for contract changes referred to competition authorities for comment before ICANN would approve them.
Based on previous comments, Verisign might have a struggle with respect to .com but the other incumbents might have an easier time renegotiating their deals.
Neustar has been particularly outspoken in its desire to get rid of the contractual language preventing it owning a .biz registrar, so we might see that company first to get into talks.
Both .biz and .info contracts are up for renewal before the end of the year.