Former ICANN vice-chair Disspain joins Donuts

ICANN’s influential former vice-chair, Chris Disspain, has evidently become the latest former ICANN top dog to take a job at portfolio registry Donuts.

I’m told Disspain has joined the company as senior policy advisor to CEO Akram Atallah.

He recently informed rival registries of his new move, and updated his “statement of interest” profile earlier this month to reflect his connection to Donuts.

Disspain was on ICANN’s board of directors from 2011 until October last year, when he left due to term limits. For a big chunk of that tenure he also served as vice-chair, and was often one of the more engaged and vocal of the directors.

At the start of his run, he was chair of Australian ccTLD registry auDA, but he was let go controversially in 2016.

For much of Disspain’s time on the ICANN board, new boss Atallah was serving as president of ICANN’s Global Domains Division.

Ethos Capital, which recently said it is acquiring a controlling stake in Donuts, also has a few former senior ICANNers, including CEO Fadi Chehadé, among its senior executives.

Donuts acquires four more gTLDs, but allows one to be scrapped

Donuts has acquired a portfolio of four finance-related new gTLDs, according to a source familiar with the matter, but is allowing a fifth string to fall onto the scrap heap of history.

I’m told Donuts will soon take over the ICANN contracts for .markets, .forex, .broker and .trading, which were all part of the Boston Ivy stable.

But its appears that Boston Ivy couldn’t find a buyer for .spreadbetting, which describes a complex form of gambling used in sports and financial markets, and has filed with ICANN to instead terminate its Registry Agreement.

You’ll recall that earlier this month I reported that ShortDot has acquired .cfd from Boston Ivy and plans to market it as “clothing and fashion design”, rather than its originally intended purpose of “contracts for difference”.

Both .spreadbetting and .cfd were unlaunched — both represent controversial forms of financial instrument — but the ones Donuts is acquiring already have a small number of registrations and active sites.

.markets, .forex, .trading and .broker have fewer than 4,000 registered names between them and appear to retail for between $17 and $50 per year.

I’ve lost track of precisely how many gTLD contracts Donuts currently controls, what with its recent acquisitions, but I’m pretty sure it’s pushing 300.

As for Boston Ivy, it’s game over as far as being a gTLD registry is concerned. Its only other string was .nadex, and it terminated that over a year ago.

Rival wants the truth about the Afilias-Donuts deal amid “collusion” claims

Portfolio gTLD investor Domain Venture Partners wants ICANN to fully explain its decision to approve Donuts’ acquisition of Afilias, claiming the deal gives the combined company an unfair advantage in the long-running battle for the .hotel gTLD.

DVP has filed a formal Request for Reconsideration with ICANN, tearing it a new one for seemingly going out of its way to avoid its transparency obligations when it came to the December approval of the acquisition.

ICANN’s board of directors had been scheduled to discuss the mega-deal at a special meeting December 17, but instead it carried out these talks off-the-books, in such a way as to avoid bylaws rules requiring it to publish a rationale and meeting minutes.

As I noted recently, it was the second time in 2020 (after the Ethos-PIR deal) the board resorted to this tactic to avoid publicly stating why it was approving or rejecting a large M&A transaction.

DVP notes the contrast with the Ethos-PIR proposal, which endured months of public scrutiny and feedback, adding in its RfR:

Why did the ICANN Board have a Special Meeting on this topic? Why did they not publish or otherwise identify a single background fact or point of discussion from the Special Meeting? Why did they not identify a single source of evidence or advice relied upon in coming to the decision? Why have they refused to provide even the slightest hint as to anything they considered or any reason why they came to their decision? How did they vote, was there any dissent? Nobody knows, because ICANN has kept all that secret.

The company argues that all this secrecy leaves itself and other registries at a loss to predict what might happen should they be involved in future acquisitions, particularly given the allegedly anti-bylaws “discriminatory” treatment between PIR on the one hand and Afilias on the other.

DVP stops short of asking for ICANN to overturn its decision to permit the acquisition — it would be moot anyway, as the deal has already closed — but it does demand that ICANN:

Provide complete, published rationale for the Resolution of Dec. 17, 2020 to essentially approve the Afilias acquisition of Donuts, including identification of all materials relied upon by the Board and/or Staff in evaluating the transaction, publication of all communications between Board, Staff and/or outside advisors relating to the transaction, and publication of all communications regarding the transaction between ICANN on the one hand, and Afilias, Donuts and/or Ethos Capital on the other hand.

Develop, implement, publish and report results of a clear policy as to what registry combination transactions will be approved or rejected, including clearly defined criteria to be assessed — and clearly defined process to assess that criteria – as to each and every future proposed transaction.

It’s interesting that nobody has filed a Documentary Information Disclosure Policy request for this information yet.

But it’s not all just about transparency for DVP. Its big concern appears to be its application for .hotel, which is in one of the few new gTLD contention sets still not resolved almost a decade after the 2012 application round.

DVP is the Gibraltar investment vehicle that controls the 16 new gTLDs that were formerly managed by Famous Four Media and are now managed by GRS Domains (which I believe is owned by PricewaterhouseCoopers). Dot Hotel Limited is one of its application shells.

Donuts is now in possession of two competing .hotel applications — its own, which is for an open, unrestricted space gTLD, and the Afilias-owned HTLD application, which is for a restricted Community-based space.

Back in 2014, HTLD won a Community Evaluation Process, which should have enabled it to skip a potentially expensive auction with its rival bidders and go straight to contracting and delegation.

But its competing applicants, including DVP and Donuts, challenged the CPE’s legitimacy with an Independent Review Process appeal.

To cut a long story short, they lost the IRP but carried on delaying the contention set and came back with a second IRP (this one not including Donuts as a complainant), which involves claims of “hacking”, one year ago.

The contention set is currently frozen, but DVP thinks Donuts owning two applications is a problem:

Donuts now owns or controls both that Community Application, and another pending standard application in the contention set for .hotel. There is no provision in the Applicant Guidebook for applicants to own more than one application for the same gTLD string. It certainly indicates collusion among applicants within a contention set, since two of them are owned by the same master.

…

DVP is concerned that Donuts may have no intention of honoring those Community commitments, and instead intends to operate an open registry.

DVP wants ICaNN to publish a rationale for why it’s allowing Donuts to own two applications for the same TLD.

It also wants ICANN to either force Donuts to cancel its HTLD application — which would likely lead to a .hotel auction among the remaining applicants, with the winning bid flowing to either ICANN or the losing applicants — or force it to stick to its Community designation commitments after launch, which isn’t really Donuts’ usual business model.

RfRs are usually resolved by ICANN’s lawyers Board Accountability Mechanisms Committee in a matter of weeks, and are rarely successful.

Brit .eu owners get another three-month stay of execution

EURid, the .eu registry, has given UK-based registrants another three months to reclaim their suspended .eu domains.

The transition period governing Brexit ended with 2020, and with it UK citizens’ right to own a .eu domain. The registry suspended 80,000 names as a result.

These domains were due to be deleted at the end of March and released for re-registration by eligible registrants next year.

But EURid has now extended that deadline to the end of June.

Anecdotally, the New Year purge caused a flood of customer support inquiries at registrars, as registrants who somehow missed EURid’s repeated warnings tried to figure out why their domains no longer resolved.

Registrants can keep a hold of their domains if they move them to a registrant with an EU address, or if they declare themselves an EU citizen living in the UK.

Verisign upgrades its cash-printing machine but warns post-pandemic “could go either way”

Verisign has named the date for its long-anticipated .com prices increases, as it reported another healthy quarter and year of growth.

The company announced that the annual wholesale fee for a .com domain is going up from $7.85 to $8.39, effective September 1. That’s in line with the 7% annual cap reinstated by the Trump administration and rubber-stamped by ICANN.

It’s the first .com price increase since 2012, when reg fee was frozen by the Obama administration’s Department of Commerce under its longstanding contract with the company.

The $0.54 price increase would mean an extra $82.5 million for Verisign’s top line, assuming the .com base remains static at today’s level of 152,883,064 domains. The reality is very probably that registrations will continue to grow, however.

Verisign is allowed to increase prices by 7% three more times under its current ICANN contract. It was allowed to take the Trump bump last year but deferred due to the coronavirus pandemic.

Registrants are able to lock-in their current renewal rates for up to 10 years before the price rise kicks in, assuming registrar fees don’t increase in the meantime.

.com is of course a fabulously successful business, and it received a pandemic-related boost last year, due to a increase in small businesses moving online due to lockdown rules, which was reflected in Verisign’s fourth-quarter and full-year results.

Verisign reported fourth-quarter net income up from $148 million to $157 million, on revenue that was up 3.1% to $320 million.

For the full year, net income was up from $612 million million to $815 million, on revenue that was up 2.7% at $1.23 billion.

Operating margin is always an metric where Verisign shines — I often get phone calls from analysts baffled as to why ICANN allows such blatant profit-taking — but it was down a tad to 65.2%, from 65.5% in 2019.

That’s probably not enough to dislodge its crown as the company with the highest operating margin of the S&P 500.

Speaking to analysts and investors last week, Verisign said it’s projecting 2021 operating margin down again, to be between 64% and 65%, because of increased investment in its infrastructure and the $4 million annual bung it’s agreed to pay ICANN.

While Verisign is only going to see one quarter of higher prices this year, it seems the majority of its increased revenue will trickle down to the bottom line.

The company expects its domain growth to be between 2.5% and 4.5% in 2021. Execs noted continuing pandemic-related uncertainty. CFO George Kilguss said:

when the pandemic subsides and things start opening it up, I think it could probably go either way either it could accelerate or it could slow a little bit. We’re just not sure how the market would react just as we were somewhat uncertain when this whole pandemic started

In other words, while coronavirus proved an unexpected boon, post-pandemic economic recovery may not necessarily be a good thing for the industry.

Nominet declares member coup “invalid”

Nominet has stared fighting back against a plot by some of its members to kick out the CEO, chair and three other directors, declaring part of the plan “invalid”.

The PublicBenefit.uk campaign, which currently has the backing of over 17% of members’ voting rights, wants to replace these five directors with two of its own choosing: former BBC Trust chair Sir Michael Lyons and former RIPE NCC managing director Axel Pawlik.

Nominet confirmed yesterday that it will shortly call the demanded Extraordinary General Meeting, as required by its bylaws, and that the resolution calling for the board cull will be voted on.

But it said it cannot allow the second resolution, which would bring in the two new directors, to go ahead. Chair Mark Wood wrote that such a move would be illegal under Nominet’s own rules on director selection:

we have unequivocal advice that the second resolution, seeking to designate Sir Michael Lyons and Axel Pawlik as Directors is invalid and cannot be put before members. We have reviewed this carefully with our legal advisors, and independent counsel, who have all advised us that this is the case. This is because Members may appoint directors only through the elections process specified by our constitution, articles and bylaws, and the maximum number of member-elected Board seats are already filled.

Wood goes on to say that to remove so many key directors and leave their seats empty would be a further destabilizing factor on the company, which runs the .uk registry.

The risk of leaving Nominet rudderless has been a key theme of the company’s response to PublicBenefit.uk since its petition first emerged last month. Nominet wants the EGM request withdrawn.

The campaign, which is fronted by Simon Blackler of Krystal Hosting, tweeted in response:

We sought legal advice before we started and believe both resolutions are valid.

If you’re truly worried about stability resign and appoint the Directors the members want?

The campaign wants a clean slate on the board in order to have Nominet reduce its wholesale prices, rein in its efforts at product diversification, and start returning more of its profits to public benefit causes.

Wood last week committed to pay £4 million to such causes in the first half of this year, double its 2020 contribution and a return to 2016 levels.

Nominet chair eats humble pie to stave off mass board cull

Nominet’s board of directors has outlined a series of changes it plans to make, including freezing its own pay and .uk domain prices, in an effort to avoid a member move to fire half the board, including the CEO and chair.

They’re also going to bring back the late, lamented member discussion forums.

Chair Mark Wood today wrote that Nominet plans to increase the amount of revenue it gives to “public benefit” purposes, which he said will hit £4 million by June, double last year’s amount.

After 2021, the company will donate 10% if its annual revenue to these causes, he said. That would be roughly £4.5 million a year, based on 2020 revenues, and roughly in line with 2015 levels, when the current senior management took over.

He went on to say that .uk registry fees will be frozen for two years. The last price increase went into effect last year after staying in place for four years.

The board won’t bump up its own salaries for two years either, Wood wrote.

The letter is in response to the member-driven move to fire Wood, CEO Russell Haworth, and three other members of the board, over what they see as mismanagement of the company. Currently, 13.6% of member votes — 196 registrars and individuals — have backed an Extraordinary General Meeting to hold this vote. This may be sufficient to successfully oust the targeted directors.

Among the demands of PublicBenefit.uk, initiated by Krystal Hosting, are an increased focus on public benefit causes, lower prices, improved member communications and a reversal of Nominet’s policy of diversification into non-registry services.

Wood thinks the EGM effort is foolhardy, however. He wrote:

Whatever the intention, the EGM proposal destabilises the organisation and, as a result, is not in the interest of members, registrars or registrants. If the EGM initiative achieves its aims, it will leave the company leaderless and facing an exodus of the highly-skilled staff we depend on to maintain the highly complex registry service we provide. It will erode trust and confidence in .UK, which is part of critical national infrastructure, and put Nominet’s independence at risk.

He’s proposing increased transparency of the cyber-security division, a new Registry Advisory Council, and new communication tools for members, including the launch of a “a well-governed next-generation member forum”.

The old forum was shut down last year, and announced (some members think with a certain amount of glee) by Haworth during Nominet’s Annual General Meeting. The forum was overly hostile to Nominet staff, he said at the time.

Wood now says “the decision to close the Nominet Forum, and the way in which this was done, damaged our relationship with some members in a way we had not intended.”

It’s quite a list of concessions from a board that clearly knows it’s on the ropes, but whether it’s enough to change the minds of large enough number of members remains to be seen.

ShortDot adds fourth gTLD to its stable, plans March launch

Another unused new gTLD has changed hands, ending up at ShortDot, the registry best-known for high-volume .icu.

ShortDot confirmed to DI today that it has acquired .cfd from its former owner, DotCFD.

The original plan for .cfd, one of the Boston Ivy collection of investment-related new gTLD applications, was for it to represent CFDs, or “contracts for difference”, a risky type of financial instrument that has proved sufficiently controversial that they’re not even legal in the US.

Since 2012, when the string was first applied for, CFDs have come in for serious criticism from market regulators and others due to the risk of significant losses they present to retail investors.

No .cfd domains have ever been sold, and it doesn’t appear to have ever properly launched, even though it’s been in the DNS root for five years.

But ShortDot COO Kevin Kopas tells me the plan is to repurpose the domain for an entirely different market.

“When we were contemplating the purchase and subsequent marketing angle we found that the traditional meaning of a CFD in the finance world doesn’t have the most positive connotation to it,” he said.

“We’re branding .cfd for the Clothing & Fashion Design industry and will be marketing it to entrepreneurs, bloggers, vloggers and others that are on the cutting edge of the fashion industry,” he said.

If that sounds like a stretch, you’re probably right — as far as I can tell, the fashion industry has never used that acronym and creating demand there will be a tall order. We’re in “professional web” territory here.

But Kopas said that ShortDot is already working with some influencers in the space “to create some pioneer cases that will go live at launch”. It’s also planning to attend fashion industry events after pandemic travel restrictions are over.

The company is planning to launch the domain with a first-come, first-served sunrise period beginning March 10 and ending April 12. General availability is slated for April 13 with a seven day early access period.

It’s the fourth unwanted gTLD ShortDot has acquired, repurposed and relaunched.

Its biggest success to date is .icu, a low-cost domain that proved popular almost exclusively in China and currently has 2.5 million domains in its zone file (down from a peak of 6.3 million less than a year ago).

ShortDot has shifted, then lost, so many .icu domains over the last two years that you’ve really got to factor out its influence if you want to get any sensible picture of what the new gTLD industry’s growth looks like.

It also runs .bond (2,500 names in its zone today) and .cyou (with 65,000).

Nominet boss has epiphany and calls for calm as his job hangs by a thread

Nominet’s CEO has abruptly taken a conciliatory tone with members in a new blog post, as support grows for his ouster.

Russell Haworth today posted that the organization and its members need to change the tone of their often-hostile arguments, and agreed to play his part in doing that in future.

In the next several weeks, Nominet will be forced to hold an Extraordinary General Meeting in which members will try to fire Haworth and most of the board of directors.

He also called for members to be “pragmatic” about Nominet’s strategy, reminding them that the internet is a very different and more dangerous place than the idealistic technology Eden that birthed it 25 years ago:

Nominet was founded at a time when the Internet was a palpable source of hope and optimism, long before it was considered critical national infrastructure, and before the very real challenges all of us now face keeping things running and safe.

We try to manage Nominet for the Internet that we have, even as we keep striving for the world where technology continues to deliver on its potential as a force for good.

As we know, today’s Internet sadly has too many bad actors bent on destruction and equipped with increasingly complex digital weaponry. Managing crucial elements of the UK’s Internet infrastructure requires that we bring a cold realism to the challenge and that we equip ourselves professionally and commercially to succeed.

This appears to be a justification for the company’s venture into commercial network security services, which Nominet’s critics believe is non-core, eating up resources that could otherwise be diverted to public benefit causes.

Simon Blackler of the registrar Krystal Hosting, who launched the petition for the EGM at PublicBenefit.uk, told DI:

He seems to be saying that Nominet needs to protect against bad actors; something we’ve not disagreed with. Of course Nominet should secure critical .UK infrastructure. That’s just a part of the core business. It’s more questionable whether it needs to be making forays in to commercial “cyber defence”, something that’s being covered by the private sector (and presumably Government) already.

One of PublicBenefit’s criticisms has been that spending on board compensation, and Haworth’s pay in particular, has risen even while operating profits have declined.

Haworth’s post goes on to say that Nominet staff are regularly headhunted by other tech firms, which may or may not be a response to this criticism.

Addressing the “tone” of the debate, Haworth acknowledges that Nominet has been at odds with some members for a very long time. Members have been angered by changes such as the decision six years ago to allow direct, second-level registrations, he notes.

Perhaps as a result of the length of some of these disagreements, we all may have found ourselves approaching our interactions with the wrong tone.

In order to make progress, that needs to change. I commit to playing my part to make that happen. Starting now.

The post comes as the PublicBenefit.uk campaign hits 176 supporting members representing 13% of all potential votes.

That not may not seem like a lot, but due to Nominet’s complicated system of vote caps and the fact that EGN turnout is not usually very high, it could well be enough to get the 50%+1 of votes cast required to ouster Haworth and the other targeted board members.

On the “tone” question, Blackler disputes Haworth’s narrative, telling us:

I find it surprising that he feels the need to address “tone”. The campaign I’ve put together is based on fact and where there’s emotion from me it’s to do with the staggering waste of an opportunity with regards to Nominet’s public benefit mandate

He said he talked this week to chairman Mark Wood, who’s also on the EGM hit-list, and the tone was “entirely civil”.

An impetus for the current campaign was Nominet’s decision to close down its age-old web-based member discussion forum, which happened live during the company’s Annual General Meeting last year.

While Haworth described the forum at the time “increasingly become aggressive and hostile” towards Nominet staff, many members took the move as a deliberate slap in the face and an indication the company was no longer interested in engaging with members.

It is now.

Defensive windfall on the cards for .spa? It’s not just for spas any more

Forthcoming new gTLD .spa has published its planned launch dates and registrations policies, and it’s not just for spas any more.

Asia Spa and Wellness Promotion Council, the registry, has informed ICANN that it plans to take .spa to sunrise for 30 days starting April 20 and expects to go to general availability around the start of July.

But despite being a “Community” gTLD under ICANN rules, it appears to be also marketing itself at any Italian company that uses the S.p.A corporate suffix, which is generally equivalent to the US Inc/Corp and UK Plc.

According to its eligibility criteria (pdf), under the heading “Coincidental Community Guidelines”, proof of an Italian business address should be enough for any SpA company to qualify to register.

The registry’s web site at nic.spa currently says:

Apart from the spa and wellness industry, .spa can also be a abbreviation to represent:

• Società per Azioni (a form of corporation in Italy, Public Limited Companies By Shares)
• Sociedad por acciones (Joint-stock company in South American Countries)

This offers a great opportunity for entitles in Italy and South American Countries to registered a wonderful name.

This is interesting, because ASPWC applied for .spa as a Community applicant dedicated to the spa and wellness industry.

The primary reason it’s getting to run .spa rather than rival applicant Donuts is that ASPWC won a Community Priority Evaluation, enabling it to avoid a potentially costly auction against its deeper-pocketed competitor.

There’s no mention of Italians or South Americans in its 2015 CPE result (pdf).

Donuts fought the CPE result in ICANN’s Cooperative Engagement Process for three years, but eventually backed away for unknown reasons.

In its original application, ASWPC spends a lot of time discussing its “intended use” of .spa and possible overlap with other meanings of the string. Among this text can be found:

The use of “S.p.A.” as a short form for the Italian form of stock corporation: “Società Per Azioni” is also relatively much less prevalent than the word as intended for the spa community. Furthermore, a more proper and popular way of denoting the form of corporation is “S.p.A.” with the periods included. While this is an important usage of the string “SpA”, the Registry believes that it should not take away from the significant meaning of the word “spa” in its intended use for the spa community as a TLD. Furthermore, additional preventive measures can be put in place to mitigate against any concerns for abusive utilization of the TLD in this manner.

I could find no text explicitly ruling out the Italian corporate use in the application, nor could I find any indication that it was part of the hard-C “Community” upon whose behalf ASWPC was applying for, and eventually won, the gTLD.

The application does seem to envisage some kind of reserved names list that could include S.p.A companies, but that doesn’t appear to be what the registry has in mind any more.