ICANN closes GoDaddy Whois probe

ICANN has closed its investigation into GoDaddy’s Whois practices with no action taken.
Senior VP of compliance Jamie Hedlund yesterday wrote to David Redl, head of the US National Telecommunications and Information Administration, to provide an update on the probe, news of which first emerged in April.
The NTIA and members of the intellectual property community had complained that GoDaddy was throttling Whois access over port 43 and that it was masking certain fields in the output.
That was when GoDaddy and the rest of the ICANN-regulated industry was working under the old rules, before the new temporary Whois policy had been introduced to comply with the EU General Data Protection Regulation.
Hedlund told Redl in a letter (pdf):

Based on our review and testing (including outside of ICANN’s network), GoDaddy is not currently masking WHOIS data or otherwise limiting access to its WHOIS services. Consequently, the complaints related to GoDaddy’s masking of certain WHOIS fields, rate limiting, and whitelisting of IP addresses have been addressed and closed.

GoDaddy had said earlier this year that it was throttling access over port 43 in an attempt to reduce the availability of Whois data to the spammers that have been increasingly plaguing its customers with offers of web site development and search engine optimization services.

5 Comments Tagged: compliance, gdpr, godaddy, ICANN, ntia, privacy, whois

Allstate dumps a dot-brand

American insurance giant Allstate has dumped one of its two dot-brand gTLDs.
The company, which had $38.5 billion revenue in 2017, has told ICANN it no longer wishes to run .goodhands, which is a partial match to its long-time “Are you in good hands?” advertising slogan.
Allstate still owns the contract to run .allstate, where it has a handful of domains that redirect to its primary .com site.
The company had also applied for the gTLDs .carinsurance and .autoinsurance, but withdrew both applications after the “closed generics” controversy in 2013.
.goodhands is the ninth dot-brand to self-terminate this year and the 37th since .doosan became the first back in September 2015.
Hundreds of other dot-brand gTLDs are still live, many of them in active use.

Comment Tagged: .goodhands, allstate, dot-brands, ICANN, new gTLDs, termination

I was wrong, Famous Four bosses WERE kicked out

Famous Four Media’s portfolio of gTLDs is under new management after an investor rebellion, contrary to what I speculated earlier this week.
FFM’s former stable, which includes the likes of .men and .science, is now being managed by a company calling itself GRS Domains, but this new company has absolutely nothing to do with FFM’s former management.
That’s according to Robert Maroney, founder of Connecticut-based Engineers Gate Investments, which is a shareholder of ultimate portfolio owner Domain Venture Partners.
Maroney got in touch with DI yesterday to explain some of what has recently happened to the ownership and management of the 16 high-volume new gTLDs.
Back in June I speculated based on the quite limited available information that FFM might be bankrupt.
On Tuesday, after GRS Domains announced a relaunch and a rejection of its previous volume-heavy, spam-friendly business plan, I speculated based on slightly more information that management had repurchased the TLD assets after investors forced it into administration.
I was wrong on both counts, according to Maroney. What actually happened is more akin to an investor takeover.
Maroney said he “engineered” the ouster of FFM and its two shareholders/managers, Iain Roache and Geir Rasmussen, after Roache attempted to close down DVP.
DVP is basically a collection of private and institutional investors (brought in by Roache and others) from around the world which, based on the available evidence, have little or no connection to the domain name industry.
It’s a matter of public record that each gTLD contract is owned by a distinct Gibraltar-based shell company — dot Bid Limited owns the ICANN rights to run .bid for example — and that Domain Venture Partners owns these companies.
I’ve previously reported that Famous Four was also owned by DVP, but Maroney said that this was never the case. It was owned 80-20 by Roache and Rasmussen and contracted by DVP to manage the 16 gTLDs.
The affiliated registrar AlpNames, which has been responsible for a very large portion of registrations in the portfolio, had the same ownership structure as FFM and was never directly connected to DVP, Maroney said.
Following a court battle, GRS Domains has replaced FFM as the registry manager.
GRS is owned by PricewaterhouseCoopers, and is currently being managed by court-appointed administrator Edgar Lavarello, a Gibraltar-based accountant at PwC.
Maroney did not want to get into the detailed specifics about what caused the investor revolt, but did say that shareholders were unhappy with how FFM was managing the portfolio.
Its low-price, high-volume strategy had caused its TLDs to become the destinations of choice for spammers and other abusive registrants.
But the court case was brought after Roache attempted to break up DVP, restructure ownership of the 16 individual registries, and “escape the regulation of Gibraltar”, Maroney said.
“Roache wanted to shut down DVP in a way we considered to be unlawful,” he said.
He said DVP shareholders felt Roache’s moves were “inappropriate and unlawful”, which is what caused him to “engineer”, via fellow investor Christina Mattin, DVP being placed into administration.
I have seen no independent evidence that Roache acted or attempted to act unlawfully. The court document I’ve seen appointing Lavarello as administrator contains no finding of wrongdoing by anyone.
The upshot of all this is that the group of TLDs formerly known as Famous Four Media is now GRS Domains — Global Registry Services Ltd — and that Lavarello is currently in charge.
I imagine the company will want to find permanent management at some point, but Maroney did not want to talk about that.
In the meantime, GRS has already made moves to become more transparent and to engage more with the rest of the industry.
Maroney said, and I have independently confirmed, that he was at the ICANN meeting in Panama recently, meeting senior industry figures. Famous Four executives have not been known to attend ICANN meetings or industry events in the past.
GRS has told registrars it intends to have a formal presence at ICANN 63 in Barcelona also.
The company will shortly terminate all of its promotional pricing and introduce a flat $9.98 registry fee, which is very likely to affect its volumes and reduce spamming activity over the next year or so.
UPDATE July 30 2020: This article was edited to remove an erroneous link to the web site of Engineers Gate LP, which is not the same company as Engineer’s Gate Investments LLC.
UPDATE August 12 2020: This article was edited to correct GRS’s ownership status. It’s owned by PwC, not DVP. Roache’s job title at FFM was also corrected.
In addition, Roache recently wrote to DI, almost two years after the article was originally published, and made the following statements:

Famous Four Media (FFM) was placed in voluntary administration by myself and Mr Rasmussen as respective 80% and 20% shareholders, due to invoices that went unpad by PWC Gibraltar as administrator to DVP.
…
There was NO “court battle to replace FFM with GRS”. FFM withdrew services after promises to pay FFM its outstanding invoices by PWC turned out to be untruthful.
…
To say or repeat the allegation that it was “unlawful” to close the fund down is untrue… DVP was set up as a closed end fund with a maximum maturity of April 2018 on 12 April 2012 — i.e. a 5-year fund with a one-year extensions.
Against the recommendation of myself as Investment Director and largest creditor and investor, the support of the Board, the regulated Fund Administrator Juno, the Fund’s own regulated legal counsel Isolas and the approval of the Gibraltar Financial Services Commission — a number of investors pushed to place the Fund into administration. The actions of those few investors led by Ms Mattin, Mr Maroney and PWC have been hugely prejudcial to other investors in DVP and the seed investors, including myself. In April 2018 the valuation of the Fund’s assets was in excess of £30 million and of the total registry assets more than £100 million — today the value is close to zero if not insolvent under the disastrous management of PWC, Maroney and Mattin.
Mr Maroney’s statement that he “engineering the ousting of Mr Rasmussen and I” is also untrue — I made it clear to all investors in DVP in an emaill dated October 2017 that if the Fund was not redeemed in Specie with investors honouring their debts then the alternative choice would be a structured administration which ran the risk of losing their entire remaining assets in DVP.

11 Comments Tagged: alpnames, domain venture partners, engineers gate, Famous Four Media, ffm, global registry services, grs domains

No Verfügungsanspruch for ICANN in GDPR lawsuit

ICANN has lost its latest attempt to use the German courts to force Tucows to continue to collect Whois records the registrar thinks are unnecessary.
In an August 1 ruling, a translation of which (pdf) has been published by ICANN, the court ruled that no preliminary injunction (or “Verfügungsanspruch”) was necessary, because ICANN has not shown it would suffer irreparable harm without one.
ICANN wants Tucows’ German subsidiary EPAG to carry on collecting the Admin-C and Tech-C fields of Whois, even though the registrar thinks that would make it fall foul of Europe’s new General Data Protection Regulation.
The organization has already had two adverse decisions at a lower court, and the appeals court‘s latest ruling does not change anything. The judge ruled:

The Applicant [ICANN] has already not demonstrated that a preliminary injunction is required in order to avoid substantial disadvantages. To the extent the Applicant submitted in its application that interim relief was necessary in order to avert irreparable harm by arguing that the data to be collected would otherwise be irretrievably lost, this is not convincing. The Defendant [EPAG] could at a later point collect this data from the respective domain holder by a simple inquiry, provided that an obligation in this regard should be established.

The court also declined to refer the case to the European Court of Justice, as ICANN had wanted, because nothing in the ruling required GDPR to be interpreted.
This a a blow, because the whole point of the lawsuit is for ICANN and registrars to get some clarity on what the hell GDPR actually requires when it comes to Whois.
ICANN said it is “considering its next steps, including possible additional filings before the German courts”, noting that the “main proceedings” of the case are still ahead of it.

1 Comment Tagged: epag, gdpr, ICANN, privacy, tucows, whois

Famous Four is DEAD! New registry promises spam crackdown

Famous Four Media’s portfolio of gTLD registries is now under the control of a new company, Global Registry Services Ltd, which has promised to abandon its failed penny-domain strategy and crack down on spam.
(August 9 update: This article contains some incorrect assumptions and speculation. Please read this follow-up piece for clarifications.)
The company, which goes by the name GRS Domains, told registrars yesterday that FFM’s 16 gTLDs are now “controlled by the same parties that control Domain Venture Partners PCC Limited, and are no longer under the management of FFM.”
DVP also owned FFM, so it’s not clear how big of a deal this restructuring is from a management point of view.
My sense is that there’s not really been a substantial change, but it’s certainly more than a simple rebranding exercise.
I’ve learned that DVP was placed into administration under the Insolvency Act back in April, with management of the TLDs handed to a PricewaterhouseCoopers administrator, more or less as I speculated in June.
The TLDs affected are: .loan, .win, .men, .bid, .stream, .review, .trade, .date, .party, .download, .science, .racing, .accountant, .faith, .webcam and .cricket.
GRS told registrars:

Moving forward there are several changes being made with regard to the overall strategy of the portfolio of gTLDs, the main one being a change to a “quality over quantity” ethos and focusing on working with our Registrar Partners to sharply reduce abuse and spam registrations.

As such, all of its current pricing promotions will end August 20 and a “much more transparent and sensible pricing strategy” will come into play.
That means a wholesale reg fee of $9.98 across the board, at least until February 2019.
GRS also plans to take a lot of its lower-priced reserved “premium” names out of the premium program altogether, and to reprice “a considerable portion” of the more expensive ones.
Finally, the company, not known to attend ICANN meetings in the past, said it plans to show up at the Barcelona meeting in October to formally relaunch itself.
Famous Four has become notorious over the last few years for its deep-discounted TLDs, which have become a haven for spammers who want to register large numbers of super-cheap, throwaway domains.
As such, its gTLDs’ volumes have been huge — many racking up hundreds of thousands of names — but their renewals poor and their reputation worse.
If GRS’ new strategy is effective, we’re almost certainly going to see the industry-wide overall number of active new gTLD domains tank over the next year or so, giving more ammunition to those who think the new gTLD program was a huge waste of effort.
It could also have an impact on ICANN’s budget — no matter how cheap FFM sold its names, it still had to pay its ICANN fees on a per-domain basis. Fewer domains equals less money in ICANN’s coffers. FFM’s registries paid over $1.6 million in ICANN fees in the organization’s fiscal 2017.
While GRS is now apparently “controlled by the same parties that control Domain Venture Partners PCC Limited”, it’s not abundantly clear to me whether that’s the same people who’ve been running FFM for the last eight years.
DVP has not immediately responded to a request for comment today.
The DVP web site has not resolved in months. The new grs.domains site doesn’t name anyone, and the NIC sites for the gTLDs in the portfolio only identify a PwC bankruptcy accountant as the primary contact.
All the companies in question are based in tax haven Gibraltar, which isn’t particularly forthcoming about identifying company directors, partners or owners.
DVP’s directors were originally Adrian Hogg, Charles Melvin, Iain Roache, Douglas Smith, Peter Young, Joseph Garcia and a company called Domain Management II (itself chaired by Roache), according to an investor presentation (pdf) DI obtained back in 2013.
I believe Melvin at least, after a legal dispute with the others, is no longer involved.
And it appears that DVP is or was in fact in administration.
I noted back in June that the 16 gTLDs were now all being administered by PwC accountant Edgar Lavarello, and wondered aloud whether this meant FFM was bankrupt.
Today I obtained (read: paid an extortionate sum for) a Gibraltar court order dated April 23 putting DVP into administration under the Insolvency Act and appointing PwC as the administrator.
The application had been made by an investor called Christina Mattin and fellow investor Braganza, a private vehicle owned by a wealthy Scandinavian family, which was (at least last year) a 10% owner.
Other named investors the court heard from were the mysterious Liechtenstein-based Rennes Foundation, something called Northern Assets Investments Limited and Dutch multimillionaire Francis Claessens.
Overall, it smells a bit to me like DVP’s principals, having seen their previous venture put out of business by disgruntled investors, have snapped up its assets and are going to try to make a second go of running the business.
As for FFM? Well, it looks rather like we won’t be hearing that name again.
UPDATE: This article was updated several hours after it was originally posted to clarify that DVP was/is “in administration”.

4 Comments Tagged: bankrupcty, domain venture partners, dvp, Famous Four Media, ffm, global registry services, grs, grs domains, ICANN, insolvency, new gTLDs

auDA car crash continues as director quits over foreign members

auDA director Tim Connell has quit the board over its decision to admit almost a thousand new members from the industry side of the house.
Connell, the only remaining elected “Demand class” director, said he believes auDA will now be controlled by registrars and the new back-end registry, Afilias.
In his resignation letter (pdf), Connell said: “I fear this potentially hands control of auDA over to industry and could ultimately create the situation where the independent governing body is no longer independent.”
The new member influx, which saw the ranks swell from about 320 to over 1,300 in the space of a few weeks, was largely due to three large registrars and the back-end encouraging their staff to sign up for membership.
One registrar, CrazyDomains owner Dreamscape Networks, now apparently employs almost 40% of auDA’s members.
auDA, which seems to have nudged the companies towards this membership drive, is under pressure from the Australian government to grow and diversify its membership.
Chief critic Josh Rowe, himself a former director, has calculated, based on a non-public member list, that most of the new members are based outside of Australia, a fact alluded to by Connell in his letter.
Rowe and his fellow “Grumpies” used last month’s extraordinary auDA meeting to demand that the new membership applications be rejected on the grounds that the new members are not a part of the Australian internet community that auDA is constitutionally bound to serve.
But auDA chair Chris Leptos responded that they are members of the community by virtue of their employment.
Connell’s primary concern appears to be that the swollen member base is now heavily tilted in favor of the supply-side of the community.
He noted that an AUD 12 million marketing fund distributed to registrars in the wake of the migration to cheaper back-end Afilias could be seen as an attempt to bribe the industry to side with the auDA party line.
Grumpies have accused auDA of “cartel-like” behavior in this regard.
At the special meeting two weeks ago, motions to fire three directors including Leptos (over unrelated disagreements) were rejected due to near-unanimous opposition from the Supply-class members, despite an overall majority of voters supporting their removal.
The new members were not eligible to vote at that meeting, so the Supply-class was considerably smaller.
At the same meeting, Connell revealed that his Demand-class directorship had recently come into question due to the fact that he acted as an affiliate of a registrar.
He said he’d rectified that situation, and Leptos seemed happy with that the situation had been resolved.
Despite this, Connell says in his letter that he no longer feels that information he receives as a director is “accurate or complete”, suggesting continued tensions on the board.
For all these reasons, he said he was resigning immediately.
In a statement, auDA thanked Connell for his service and said a replacement will be sought within three months.
I’ve actually lost count of how many auDA directors have quit recently. I’ve reported on at least five, including the last chair, since I started covering the unrest there a little over a year ago.

1 Comment Tagged: .au, afilias, auda, crazydomains, grumpies

New ICANN director named

A member of the root server community has been named to the ICANN board of directors.
The Nominating Committee yesterday revealed its three selections for the board, two of whom are already seated.
The new director is Tripti Sinha of the University of Maryland, where she heads the Advanced Cyber Infrastructure and Internet Global Services division, which manages the D-root server.
Sinha is currently co-chair of ICANN’s Root Server System Advisory Committee.
She will replace fellow North American George Sadowsky who, after joining the board in 2009 and being reselected twice, is term-limited and will be given his marching orders this October.
NomCom also reaffirmed current directors Lousewies van der Laan, a former Dutch politician, and Rafael “Lito” Ibarra, founder of the El Salvadorean ccTLD .sv.
New directors will take their seats at the conclusion of the ICANN 63 meeting in Barcelona in October.
NomCom’s other selections to various leadership positions at ICANN can be found here.

Comment Tagged: board of directors, d-root, ICANN, root servers

My brain explodes trying to understand MMX’s new blockchain deal for .luxe

Minds + Machines has abandoned plans to launch .luxe as a gTLD for luxury goods and instead made a deal to sell it as an address for cryptocurrency wallets.
If you thought it was a silly move marketing .ws as meaning “web site” or .pw as “professional web”, you’re probably not going to like the backronym MMX has in mind for .luxe:
“Lets U Xchange Easily”.
Really.
Tenuous though that marketing angle may be, the concept behind the newly repurposed TLD is actually quite interesting and probably rises to the level of “innovation”.
MMX has inked a deal with Ethereum Name Service, an offshoot of Ethereum, an open-source blockchain project.
Ethereum is largely used as a cryptocurrency, like BitCoin, enabling people to transfer monetary value to each other using “wallet” applications, though it has other uses.
I’m just going to come right out and say it: I don’t understand how any of this blockchain stuff works.
I’ve just spent an hour on the phone with MMX CEO Toby Hall and I’m still not 100% clear how it integrates with domains and whether the .luxe value proposition is really, really cool or really, really stupid.
I’ll just tell you what I do understand.
Currently, when two Ethereum users want to transfer currency between each other, the sender needs to know the recipient’s wallet address. This is a 40-character nonsense hash that makes an IPv6 address look memorable.
It obviously would be a lot better if each user had a human-readable, memorable address, a bit like a domain name.
Ethereum developers thought so, so they created the Ethereum Name Service. ENS allowed people to use “.eth” domains, like john.eth, as a shorthand address for their wallets. I don’t know how it works, but I know .eth isn’t an official TLD in the authoritative root.
About 300,000 people acquired .eth domains via some kind of cryptographic auction process that I also don’t understand. Let’s just call it magic.
Under the deal with MMX, some 26 million Ethereum wallet owners will be able use .luxe domains, dumping their .eth names if they have them.
The names will be sold through registrars as usual, at a price Hall said will be a little bit more than .com.
Registrants will then be able to associate their domains with their 40-character wallet addresses, so they can say “Send $50 to john.luxe” and other crypto-nerds will instantly know what to do. Ethereum wallets will apparently support this at launch.
Registrars will need to do a bit of implementation work, however. Hall said there’ll be an API that allows them to associate their customers’ domains with their wallets, and to disassociate the two should the domain be transferred to somebody else.
This is not available yet, but it will be before general availability this November, he said.
What this API does is beyond my comprehension.
What I do understand is that at no point is DNS used. I thought perhaps the 40-char hash was being stored in the TXT field of a DNS record, but no, that’s not it. It’s being stored cryptographically in the blockchain. Or something. Let’s just say it’s magic, again.
The value of having a memorable address for a wallet is very clear to me, but what’s not at all clear to me is why, if DNS is not being queried at any part of the Ethereum transaction, this memorable address has to be a domain name.
You don’t need a domain name to find somebody on Twitter, or Instagram, or Grindr. You just need a user name. Why that model couldn’t apply here is beyond me.
Hall offered that people are familiar with domain names, adding that merchants could use the same .luxe domain for their web site as they use for their Ethereum wallets, which makes sense from a branding perspective.
The drawback, of course, is that you’d have to have your web site on a .luxe domain.
The launch plan for .luxe sees sunrise begin August 9, running for 60 days. Then there’ll be two weeks for .eth name holders to claim their matching .luxe names. Then an early access period. GA starts November 6.
While it should be obvious by now I don’t fully “get” what’s going on here, it strikes me as a hell of a lot more interesting way to use .luxe than its originally intended purpose as a venue for luxury goods and services.
Let’s face it, depending on pricing it would have turned out either as a haven for spammers, a barely-breaking-even also-ran, or a profitable business propped up by a couple thousand trademark owners paying five grand a year on unused defensive regs.

5 Comments Tagged: .eth, .luxe, blockchain, cryptocurrencies, ens, ethereum, ethereum name service, Minds + Machines, mmx, new gTLDs

Fight over Whois access starts early

Starting as they mean to go on? The new ICANN working group on Whois this week saw early, if predictable, divisions on the issue of access to private data in a post-GDPR world.
The so-called Whois EPDP (for Expedited Policy Development Process) held its first teleconference on Wednesday and while not really getting around to the nitty-gritty of policy managed to quickly start squabbling about its schedule and rules of engagement.
It’s already not looking promising that blanket cross-community consensus is going to be reached in the time permitted.
The group is tasked with turning the current Temporary Specification for Whois, which was created by the ICANN board of directors, into a formal consensus policy that in principle has the support of the whole community.
Group chair Kurt Pritz laid out three targets for the group.
First up is a “triage” document, which will basically see the community decide, line by line, what it likes and does not like about the Temp Spec.
In theory, the EPDP could just rubber-stamp the whole shebang and be done with it, but that’s highly unlikely.
Second is an Initial Report, which will include the agreements reached in the triage document and the agreements reached in subsequent discussions.
That’s due in October at ICANN’s meeting in Barcelona, which is ambitious but not necessarily impossible.
The Temp Spec was written with guidance from lawyers and European data protection authorities, so there’s a limit to how far the EPDP can stray, in my view.
Thirdly, and most controversially, is an “Initial Report outlining a proposed model of a system for providing accredited access to non-public Registration Data.”
This is the proposed standardized system that will allow security and intellectual property interests, and possibly others, to see unredacted Whois data like we all could just a few months ago.
Many stakeholder groups are in favor of such a system, but the Non-Commercial Stakeholders Group are decidedly not.
The NCSG, given voice principally by academic Milton Mueller, objected to the Pritz/ICANN plan to start soliciting comments on access from the EPDP group later this month, before the group has come to consensus on the so-called “gating questions”.
The gating questions are rather less thorny issues such as whether the purposes registrars collect personal data as mandated by the Temp Spec are in fact legitimate under the GDPR and what data should be transferred from registrars to their registries.
Mueller said that the gating issues represent a “crisis situation” — the EPDP group has just a few months to come to consensus on which parts of the Temp Spec it agrees with — and that discussions about access can be safely pushed back until later.
Perhaps predicting an impasse in future, he also warned Pritz not to over-sell the level of consensus the group reaches if there are still dissenting voices at the end of the process.
Mueller yesterday told the group that NCSG — there are six members on the EPDP team — will refuse to engage on the access issue until consensus had been found on the gating issues.
But NCSG faced push-back from pro-access groups including the Business Constituency, Governmental Advisory Committee and At-Large Advisory Committee.
Alan Greenberg of the ALAC said access talks are “really important” and intertwined with the gating questions. Groups may change their positions on one set of questions based on the discussions of the other, he said.
As it stands today, the group has been asked to fill out four sets of questionnaires, polling their support for various parts of the Temp Spec, over the next few weeks.
The controversial fourth questionnaire covers the access model, but ICANN staff facilitating the group have assured the NCSG these responses will be essentially sat on until the working group is ready to address them.
The group is planning twice-weekly teleconferences in its effort to get its first and second deliverables ready in time for Barcelona.

Comment Tagged: epdp, gdpr, ICANN, privacy, whois

Blacknight calls for Ireland to slash domain prices

Irish registrar Blacknight Solutions has called for its local ccTLD registry to cut the price of .ie domains in order to drive growth.
In a press release, CEO Michele Neylon said that .ie names — typically renewing at over €20 — can cost twice as much as other European ccTLDs.
He said that a recently liberalization of registration rules set out by registry IEDR led to a burst of 29,000 new registrations in the first half of the year.
This relaxation has presumably led to cost savings that could be passed on to consumers, he said.
According to Blacknight, there are 46 .ie domains registered per 1,000 head of population, which ranks Ireland 16th out of 22 European countries.

2 Comments Tagged: .ie, blacknight, iedr