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.web closer to reality as antitrust probe ends

Kevin Murphy, January 10, 2018, Domain Registries

Verisign has been given the all-clear by the US government to go ahead and run the new gTLD .web, despite competition concerns.
The Department of Justice told the company yesterday that the antitrust investigation it launched almost exactly a year ago is now “closed”.
Verisign’s secret proxy in the 2016 auction, the original .web applicant Nu Dot Co, now plans to try to execute its Registry Agreement with ICANN.
That contract would then be assigned to Verisign through the normal ICANN process.
The .com registry operator today filed this statement with the US Securities and Exchange Commission:

As the Company previously disclosed, on January 18, 2017, the Company received a Civil Investigative Demand from the Antitrust Division of the United States Department of Justice (“DOJ”) requesting certain material related to the Company becoming the registry operator for the .web gTLD. On January 9, 2018, the DOJ notified the Company that this investigation was closed. Verisign previously announced on August 1, 2016, that it had provided funds for Nu Dot Co’s successful bid for the .web gTLD and the Company anticipates that Nu Dot Co will now seek to execute the .web Registry Agreement with ICANN and thereafter assign it to Verisign upon consent from ICANN.

This basically means that Justice disagrees with anyone who thinks Verisign plans to operate .web in a way that just props up its .com market dominance, such as by burying it without a trace.
People clamoring to register .web domains may still have some time to wait, however.
Rival applicant Donuts, via subsidiary Ruby Glen, still has a pending lawsuit against ICANN in California.
Donuts had originally sued to prevent the .web auction going ahead in mid-2016, trying to force Nu Dot Co to reveal who was really pulling its strings.
After the auction, in which Verisign committed to pay ICANN a record-setting $125 million, Donuts sued to have the result overturned.
But in November 2016, a judge ruled that the no-suing covenant that all new gTLD applicants had to sign was valid, throwing out Donuts’ case.
Donuts is now appealing that ruling, however, filing its most-recent brief just a few weeks ago.
Whether that will stop ICANN from signing the .web contract and delegating it to Verisign is an open question. It managed to delegate .africa to ZA Central Registry despite the existence of an ongoing lawsuit by a competing applicant.
If history is any guide, we may see a rival applicant apply for a temporary restraining order against .web’s delegation before long.

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Afilias takes over back-end for Puerto Rico

Kevin Murphy, January 9, 2018, Domain Registries

Afilias has won the back-end contract for Puerto Rico’s ccTLD, .pr.
The registry services provider took over DNS for the zone last month and the final handover of the registration system happened at the weekend.
.pr is a small TLD, under 10,000 names, run by local firm Gauss Research Laboratories. It also tries to market itself as a destination for public relations companies overseas.
It now lists about 30 registrars on its web site, most of which are either corporate-focused or reseller networks.
The deal brings the number of ccTLDs managed by Afilias well into double figures. Afilias also runs the back-end for the likes of .vc, .bz, .lc, and .ag, as well as larger zones including .me and .in.
It recently was selected to run .au for Australia, replacing long-time rival Neustar, from this coming July.
Puerto Rico is the destination of this March’s ICANN 61 public meeting, which may give Afilias some publicity opportunities.

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CentralNic spends $3.3 million on .com portfolios

Kevin Murphy, January 9, 2018, Domain Sales

CentralNic has splashed out £2.5 million ($3.3 million) to bolster its portfolio of domain names for the secondary market.
The company said in a brief statement today that it acquired an unspecified number of domains across “a number of portfolios”. The sellers were not disclosed.
The names were all in .com.
CEO Ben Crawford said the names were acquired “at an attractive discount to current market rates”.
The deals mean London-listed CentralNic might be able to continue to prop up its recurring revenue (registry/registrar) numbers through the sale of premium names, something it still needs to do if it wants to show investors a pleasing growth curve.
That’s assuming it can sell the names at a profit, of course.
Some call this the premium domain “hamster wheel”.

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SpamHaus ranks most-botted TLDs and registrars

Kevin Murphy, January 9, 2018, Domain Registrars

Namecheap and Uniregistry have emerged as two of the most-abused domain name companies, using statistics on botnet command and control centers released by SpamHaus this week.
SpamHaus data shows that over a quarter of all botnet C&Cs found during the year were using NameCheap as their registrar.
It also shows that almost 1% of domains registered in Uniregistry’s .click are used as C&Cs.
The spam-fighting outfit said it discovered “almost 50,000” domains in 2017 that were registered for the purpose of controlling botnets.
Comparable data for 2016 was not published a year ago, but if you go back a few years, SpamHaus reported that there were just 3,793 such domains in 2014.
Neither number includes compromised domains or free subdomains.
The TLD with the most botnet abuse was of course .com, with 14,218 domains used as C&C servers. It was followed by Directi’s .pw (8,587) and Afilias’ .info (3,707).
When taking into account the relative size of the TLDs, SpamHaus fingered Russian ccTLD .ru as the “most heavily abused” TLD, but its numbers don’t ring true to me.
With 1,370 botnet controllers and about five and a half million domains, .ru’s abused domains would be around 0.03%.
But if you look at .click, with 1,256 botnet C&Cs and 131,000 domains (as of September), that number is very close to 1%. When it comes to botnets, that’s a high number.
In fact, using SpamHaus numbers and September registry reports of total domains under management, it seems that .work, .space, .website, .top, .pro, .biz, .info, .xyz, .bid and .online all have higher levels of botnet abuse than .ru, though in absolute numbers some have fewer abused domains.
In terms of registrars, Namecheap was the runaway loser, with a whopping 11,878 domains used to control botnets.
While SpamHaus acknowledges that the size of the registrar has a bearing on abuse levels, it’s worth noting that GoDaddy — by far the biggest registrar, but well-staffed with over-zealous abuse guys — does not even feature on the top 20 list here.
SpamHaus wrote:

While the total numbers of botnet domains at the registrar might appear large, the registrar does not necessarily support cybercriminals. Registrars simply can’t detect all fraudulent registrations or registrations of domains for criminal use before those domains go live. The “life span” of criminal domains on legitimate, well-run, registrars tends to be quite short.
However, other much smaller registrars that you might never have heard of (like Shinjiru or WebNic) appear on this same list. Several of these registrars have an extremely high proportion of cybercrime domains registered through them. Like ISPs with high numbers of botnet controllers, these registrars usually have no or limited abuse staff, poor abuse detection processes, and some either do not or cannot accept takedown requests except by a legal order from the local government or a local court.

The SpamHaus report, which you can read here, concludes with a call for registries and registrars to take more action to shut down repeat offenders, saying it is “embarrassing” that some registrars allow perpetrators to register domains for abuse over and over and over again.

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Namecheap to bring millions of domains in-house next week

Kevin Murphy, January 5, 2018, Domain Registrars

Namecheap is finally bringing its customer base over to its own ICANN accreditation.
The registrar will next week accept transfer of an estimated 3.2 million .com and .net domains from Enom, following a court ruling forcing Enom owner Tucows to let go of the names.
The migration will happen from January 8 to January 12, Namecheap said in a blog post today.
Namecheap is one of the largest registrars in the industry, but historically it mostly acted as an Enom reseller. Every domain it sold showed up in official reports as an Enom sale.
While it’s been using its own ICANN accreditation to sell gTLD names since around 2015 — and has around four million names on its own credentials — it still had a substantial portion of its customer base on the Enom ticker.
After the two companies’ arrangement came to an end, and Enom was acquired by Tucows, Namecheap decided to also consolidate its .com/.net names under its own accreditation.
After Tucows balked at a bulk transfer, Namecheap sued, and a court ruled in December that Tucows must consent to the transfer.
Now, Namecheap says all .com and .net names registered before January 2017 or transferred in before November 2017 will be migrated.
There may be some downtime as the transition goes through, the company warned.

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Get a free ticket to NamesCon here

Kevin Murphy, January 5, 2018, Domain Services

NamesCon, the annual domain name industry conference, runs in Las Vegas at the end of the month, and DI has five free tickets to give away to readers.
The catch: only people who have never been to NamesCon before are eligible. It’s a strictly n00bs-only giveaway.
NamesCon starts January 28 and runs for three days at the Tropicana Hotel in Las Vegas.
Kicking off the show, in surely one of life’s “together at last” moments, Andrew Allemann of Domain Name Wire will sit down for a live interview with David Ellefson, founder of the metal band Megadeth. It’s probably going to be one of those “you had to be there” experiences.
There’s a strong focus on blockchain and cryptocurrency this year, given the interest many domainers are showing in this area as a new investment opportunity.
But the agenda is made up of the usual mix of industry experts discussing themes such as domain investment, web site development, branding, intellectual property and the like.
There’s even a Women In Domaining Dinner, where women can discuss whether it’s worth investing in .makeup and .horse domains, and a Christian Domainers’ Breakfast, where followers of Our Lord can eat bacon in peace and prevaricate on why greed is definitely not as bad as the Bible unambiguously states it is.
It’s usually a pretty good show with a good turn-out. The networking opportunities alone make it worth a trip.
To claim one of the five complimentary conference passes, simply leave a comment on this blog post stating clearly that you want one, and complete this sentence in 10,000 words or fewer:

I want to spend three nights away from my partner in Las Vegas because…

Use a functioning email address or I won’t be able to send you the ticket details.
The first five people to leave a qualifying comment get a ticket each.
It should go without saying that this ticket only gets you into the conference itself. How you get to Vegas and where you sleep when you get there is your problem.
Again, and I can’t stress this enough, if you’ve been to NamesCon before you’re not eligible for this competition. That’s NamesCon’s rule, not mine, so no arguing.
In the unlikely event that all five tickets have gone by the time you read this post, you may want to check out some of my co-conspirators at other domain community blogs, several of which I gather also have tickets to give away today.

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New gTLD to increase prices 10x, add blockchain voting service

Kevin Murphy, January 4, 2018, Domain Registries

The new gTLD .voting is to suffer a steep price increase as its registry bakes a new “e-voting solution” into its offering.
Valuetainment, the Germany-based registry, informed registrars of its decision recently.
While I don’t know the exact figures involved, it appears the annual wholesale cost of a .voting domain will rise more than tenfold.
Currently, the retail price of a .voting domain can range from $60 to $100 per year. After June 1, that price is likely to start around the $600 mark.
But the registry also told registrars it plans to bundle in with each domain an “e-voting solution” in which “votes are anchored in the blockchain”. There would be no additional charge for this service.
This actually smells a bit like innovation, something the new gTLD program has lacked to date but which sometimes scares away registrars that see mainly implementation and support costs.
Steep price increases also have a track record of scaring away registrars, as Uniregistry discovered last year.
I understand the plan is to apply the price increase to renewals for all existing .voting domains, which currently number a little under 1,000.
At the last count, two thirds of .voting domains had been sold via German reseller platform RegistryGate, with GoDaddy a distant second.
Registry representatives have not responded to a request for information about the blockchain-based voting service, so I can’t tell you much more about it other than blockchain-based systems are in vogue right now due to the popularity of speculation in electronic “currencies” such as Bitcoin.

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Aussie registrar guilty of $6 million slamming campaign

Kevin Murphy, January 4, 2018, Domain Registrars

Domain seller Domain Register Pty Ltd has reportedly been found guilty of scamming thousands of Australians out of a total of $6 million with bogus domain renewal notices.
The Herald Sun reports today that a Federal court ruled that the company’s sales tactics were “misleading or deceptive, or likely to mislead or deceive in breach of state and federal laws”.
The company, at one time a TPP Wholesale reseller but apparently never ICANN-accredited itself, was notorious for being a leading Aussie practitioner of the old “domain slamming” scam popularized by the Brandon Gray gang through fronts such as Domain Registry of America.
It sent paper invoices that appeared to the casual reader to be renewal notices for .com.au names, but were in fact solicitations to buy matching .com names for an outrageous $249 ($195) per year.
So convincing were the notices that the hit rate was one out of every 14 organizations targeted, the Herald Sun reported. Over 21,000 suckers in total.
According to the newspaper, the court was told that Domain Register made AUD 7.7 million ($6 million) from 31,000 registrations and renewals from January 1, 2011, to May 30, 2014.
The lawsuit was filed by Australian state government watchdog Consumer Affairs Victoria a year ago, but the domain industry was warning punters about the scam as far back as 2011.
Domain Register’s punishment has yet to be determined, but the agency had been seeking refunds for victims along with punitive penalties.

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How ICANN could spend its $240 million war chest

Kevin Murphy, January 2, 2018, Domain Policy

Schools, pHD students and standards groups could be among the beneficiaries of ICANN’s nearly quarter-billion-dollar new gTLD auction war chest.
But new gTLD registries hoping for to dip into the fund for marketing support are probably shit out of luck.
Those are among the preliminary conclusions of a volunteer working group that has been looking at how ICANN should spend its new gTLD program windfall.
Over 17 new gTLD auctions carried out by ICANN under its “last resort” contention resolution system, the total amount raised to date is $240,590,128.
This number could increase substantially, should still-contested strings such as .music and .gay go to last-resort auction rather than being settled privately.
Prices ranged from $1 for .webs to $135 million for .web.
ICANN has always said that the money would be held separate to its regular funding and eventually given to special projects and worthy causes.
Now, the Cross-Community Working Group on New gTLD Auction Proceeds has published its current, close-to-final preliminary thinking about which such causes should be eligible for the money, and which should not.
In a letter to ICANN (pdf), the CCWG lists 18 (currently hypothetical, yet oddly specific) example proposals for the use of auction funds, 17 of which it considers “consistent” with ICANN’s mission.
A 19th example, which would see money used to promote TLD diversity and “smells too much like marketing” according to some CCWG members, is still open for debate.
While the list of projects that could be approved for funding under the proposed regime is too long to republish here, it would for example include giving scholarships to pHD students researching internet infrastructure, funding internet security education in developing-world primary schools and internet-related disaster-recovery efforts in risk-prone regions.
The only area the CCWG appears to be reluctant to endorse funding is the case of commercial enterprises run by women and under-represented communities.
The full list can be downloaded here (pdf).
The CCWG hopes to publish its initial report for public comment not too long after ICANN 61 in March. Comment would then need to be incorporated into a final report and then ICANN would have to approve its recommendations and implement a process for actually distributing the funds.
Don’t expect any money to change hands in 2018, in other words.

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.music and .gay possible in 2018 after probe finds no impropriety

Kevin Murphy, January 2, 2018, Domain Policy

Five more new gTLDs could see the light of day in 2018 after a probe into ICANN’s handling of “community” applications found no wrongdoing.
The long-running investigation, carried out by FTI Consulting on ICANN’s behalf, found no evidence to support suspicions that ICANN staff had been secretly and inappropriately pulling the strings of Community Priority Evaluations.
CPEs, carried out by the Economist Intelligence Unit, were a way for new gTLD applicants purporting to represent genuine communities to avoid expensive auctions with rival applicants.
Some applicants that failed to meet the stringent “community” criteria imposed by the CPE process appealed their adverse decisions and an Independent Review Process complaint filed by Dot Registry led to ICANN getting crucified for a lack of transparency.
While the IRP panel found some hints that ICANN staff had been nudging EIU’s arm when it came to drafting the CPE decisions, the FTI investigation has found:

there is no evidence that ICANN organization had any undue influence on the CPE Provider with respect to the CPE reports issued by the CPE Provider or engaged in any impropriety in the CPE process.

FTI had access to emails between EIU and ICANN, as well as ICANN internal emails, but it did not have access to EIU internal emails, which EIU declined to provide. It did have access to EIU’s internal documents used to draft the reports, however.
Its report states:

Based on FTI’s review of email communications provided by ICANN organization, FTI found no evidence that ICANN organization had any undue influence on the CPE reports or engaged in any impropriety in the CPE process. FTI found that the vast majority of the emails were administrative in nature and did not concern the substance or the content of the CPE results. Of the small number of emails that did discuss substance, none suggested that ICANN acted improperly in the process.

FTI also looked at whether EIU had applied the CPE rules consistently between applications, and found that it did.
It also dug up all the sources of information EIU used (largely Google searches, Wikipedia, and the web pages of relevant community groups) but did not directly cite in its reports.
In short, the FTI reports very probably give ICANN’s board of directors cover to reopen the remaining affected contention sets — .music, .gay, .hotel, .cpa, and .merck — thereby removing a significant barrier to the gTLDs getting auctioned.
If there were to be no further challenges (which, admittedly, seems unlikely), we could see some or all of these strings being sold off and delegated this year.
The probe also covered the CPEs for .llc, .inc and .llp, but these contention sets were resolved with private auctions last September after applicant Dot Registry apparently decided it couldn’t be bothered pursuing the ICANN process any more.
The FTI’s reports can be downloaded from ICANN.

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