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ICANN changes Panama meeting dates to avoid Muslim holiday

Kevin Murphy, May 3, 2017, Domain Policy

ICANN has changed the dates of next year’s ICANN 62 public meeting to accommodate the Muslim festival of Eid al-Fitr.
Eid is the movable festival marking the end of the fasting month Ramadan, when observant Muslims are allowed to start eating during daylight hours again.
In 2018, it runs from June 14-15, which would have made things difficult for Muslims hoping to attend ICANN’s mid-year meeting, previously slated to begin June 18.
So ICANN has pushed it back a week. ICANN 62 will now begin June 25. As a mid-year Policy Forum, it is the shortest meeting of the year.
The meeting is due to be held in Panama City, Panama.
Its the second change for the Panama meeting. ICANN had originally planned to meet there for ICANN 56 in mid-2016, but relocated the event to Helsinki due to the panic about Zika virus.

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More change at the top at Donuts as Tindal steps down

Donuts has lost co-founder and COO Richard Tindal, who has announced his retirement.
Tindal was one of the four domain industry executives who founded Donuts in order to take advantage of ICANN’s new gTLD program about seven years ago.
No reason was given for his departure, which was announced in a blog post, beyond “retirement”.
Co-founders Paul Stahura, Jon Nevett and Dan Schindler are all still with the company, but founding CEO Stahura recently stepped into the chairman’s role to give venture capitalist Bruce Jaffe the corner office.
Tindal had previously worked in senior roles for Verisign, Neustar and Demand Media (now Rightside).

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Second emergency registry tested with dead dot-brand

Kevin Murphy, April 27, 2017, Domain Registries

ICANN is running its second test of the Emergency Back-End Registry Operator system, designed as a failover for bankrupt gTLDs.
This time, the EBERO under the microscope is CORE Association, one of the three approved providers.
It this week took over operation of .mtpc, a dot-brand gTLD that Mitsubishi applied for, was delegated, never used, and then decided it didn’t want to run any more.
ICANN said:

ICANN is conducting a test of the Emergency Back-End Registry Operator program. Simulating an emergency registry operator transition will provide valuable insight into the effectiveness of procedures for addressing potential gTLD service interruptions. Lessons learned will be used to support ICANN’s efforts to ensure the security, stability and resiliency of the Internet and the Domain Name System.

The first test was conducted by ICANN and EBERO provider Nominet earlier this year, using the similarly unloved dot-brand .doosan.
I expect we’ll see a third test before long, using CNNIC, the third EBERO provider.
It would have plenty of dead dot-brands to choose from.

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MMX stung for $7.7 million by crappy .london contract?

Kevin Murphy, April 26, 2017, Domain Registries

Did MMX take a $7.7 million accounting hit to renegotiate a crappy .london gTLD contract? It looks a bit like that to me.
Found in the company’s full-year 2016 financial results yesterday is the disclosure that it had to pay off an undisclosed gTLD partner after originally making “overly ambitious” predictions about its likely popularity.
The deal apparently had MMX — then under previous management as Minds + Machines — making guaranteed payments to its partner on the assumption that it would sell a lot more domains than it eventually did.
.london currently has about 56,000 names in its zone file, down from a post-launch peak of about 65,000.
According to its statement to the markets, MMX recorded a 2016 one-time contract restructuring expense of $3.8 million and has added a $3.9 million intangible asset to its balance sheet in relation to the contract.
That’s a total of $7.7 million, but CEO Toby Hall told DI that the cash payment was nowhere near that amount. He said:

in reality we have paid no where near that amount and much of this is the accounting treatment of a new contract that we believe has the potential to deliver future economic value to the business and will be covered from future revenues.

The gTLD in question is not named in the statement, and Hall also declined to name it in response to a DI inquiry, but MMX says of the contract:

In very early 2012, at the time when ICANN was still accepting new generic Top Level Domain applications, the then Executive Team entered into an overly ambitious agreement that it believed would provide value to the overall profile of the Group. The agreement had very significant financial commitments over the life of the contract and did not include any clauses that could allow the Group to renegotiate those commitments should the specific top-level domain not perform to the agreed financial projections. The growth of this top-level domain has not come close to meeting those expectations and the agreement has proven – and would have continued proving – to be a significant drag on the Group’s ability to generate positive cashflow from the given TLD.
In late Q4 of 2016 the current Executive team was able to successfully conclude renegotiations of certain components of the agreement by either restructuring or buying out certain financial commitments thus making it more economically viable going forward. As a result of the renegotiation effort, the Group has revised its modeling and believes that it can derive future economic benefit from the renegotiated contract. Accordingly, based on Management’s review, a portion of the buy out ($3.8million) has been expensed as a one-off restructuring cost while the remaining portion ($3.9million) will be capitalized as an intangible asset with future economic benefit.

All the evidence points to .london being the gTLD in question.
First, MMX says that the deal was entered into in “very early 2012”, which ties up with the timing of the request for proposals by the Mayor’s marketing office, London & Partners.
Second, MMX doesn’t have any other partner-based gTLDs that would plausibly have such ambitious commitments.
Third, MMX has previously stated that it was renegotiating some “burdensome” contracts. Last year, without relating it to a renegotiation, it said in a trading update that it was “encouraging to see an increasingly commercial and flexible approach from London & Partners, our Dot London partners”.
Fourth, word on the street back in 2012 was that L&P (which remember is affiliated with the London Mayor, an elected political office) had gone with tax-haven-based MMX rather than UK-based non-profit Nominet because MMX (then Minds + Machines) had offered the best financial incentives.
The scrapping of the old deal is perhaps another indicator of the hubris that accompanied the opening of the new gTLD program five years ago.
While L&P is the “owner” of .london, for want of a better word, in practice I gather that MMX runs it pretty much as if the gTLD was part of its regular portfolio.
The news of the contract changes were made in MMX’s audited 2016 results, which showed its billings doubling to $15.8 million during the year.
Revenue was $15 million, up from $6.3 million in 2015. Less partner payments, revenue was $13.5 million versus $5.5 million a year earlier.
The statement has half a dozen or more bottom lines, depending on what costs you exclude, but the one MMX wants us to look at is “Billings Operating EBITDA before one off restructuring costs”, which was $4.2 million compared to a loss of $6.6 million in 2015.
That, in other words, means that an unprofitable company has become a profitable one.
A lot of that has to do with the revenue from hundreds of thousands of .vip domain sales in China and a swingeing restructuring that led to headcount being slashed from 43 people to 20 people.
The company also sold off its registrar business to Uniregistry and started outsourcing its back-end functions to Nominet.
For 2017, the company has already disclosed two huge sales that will boost domains under management considerably, but at the risk of concentrating a larger part of MMX’s business outlook in just a few hands.
UPDATE: This article was updated a few hours after publication to clarify what MMX has said in relation to .london in previous trading statements.

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Hey, you! Listen to the ICANN board webcast more private sessions

Kevin Murphy, April 26, 2017, Domain Policy

ICANN’s board of directors is to live stream two sessions during an upcoming retreat, and if you’re at all interested in ICANN you really ought to tune in.
The webcasts are part of an ongoing pilot program designed to increase transparency at the very top of ICANN’s policy-making reverse-hierarchy.
The public, listen-only sessions seem to have been cherry-picked from the broader program of a retreat in Geneva over the May 6-7 weekend, and are:

Marketplace Dynamics Session I: Registries and Registrars
Saturday, 6 May, 11:15 – 12:00 UTC
Internet Governance Engagement Strategy with a Focus on the Internet Governance Forums (IGFs): Proposal to the Board
Sunday, 7 May, 09:00 – 10:00 UTC

Neither session sounds earth-shatteringly exciting, but both will be worth a listen in my view.
If nobody listens, ICANN could fairly say that streaming board meetings is a waste of money and stop doing it rather than expanding the program in future. That reduction of transparency would be in nobody’s interests.
The most recent live sessions occurred during ICANN 58 in Copenhagen last month, but until I ranted on Twitter nobody apart from me was listening.
That’s despite the fact that increased board transparency has been something the community has been crying out for for years.
So if you agree with transparency but find the chosen topics boring, perhaps just open the Adobe Connect room, hit mute, and go for brunch or play with your kids or something.
The Adobe links can be found here.
Disclosure: now that I’ve written this post, I think it’s almost inevitable that I will accidentally miss one or both of these sessions. You’re welcome to mock me should that happen (though you’ll only know whether I was there if you tune in yourself).

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MarkMonitor tells .feedback to take a hike after “breach” claim

Kevin Murphy, April 25, 2017, Domain Registrars

MarkMonitor is to voluntarily terminate its registrar relationship with Top Level Spectrum after the .feedback registry hit it with a breach of contract notice.
Troy Fuhriman, director of domain management at the registrar, told DI today that the company has just sent TLS a letter stating that it no longer wishes to sell .feedback names.
TLS earlier this month accused MarkMonitor of breaking the terms of its Registry-Registrar Agreements by leaking details of that agreement to media outlets including yours truly.
While TLS CEO Jay Westerdal told DI that an apology from MarkMonitor would be enough to make the termination threat go away, MarkMonitor has clearly decided against that route.
“We’re going to terminate all accreditation agreements for .feedback,” he said. “In part it’s a response to ICANN’s finding that Top Level Spectrum violated its Pubic Interest Commitments, and what we believe is a retaliatory breach notification from them.”
MarkMonitor and a small posse of high-profile clients including Facebook recently won a Public Interest Commitment Dispute Resolution Policy complaint against .feedback, related to the transparency of its launch policies and pricing.
It was in that complaint that MarkMonitor released details contained in the RRA that TLS deemed to be confidential.
Terminating the agreement means that MarkMonitor will no longer be able to sell .feedback names as a registrar and will have to transfer its existing registrations to a different registrar.
Not many clients are affected. MarkMonitor had only 45 .feedback domains under management at the last count (which was still enough to make it the fourth-largest independent .feedback registrar).
Most of these domains will be moved to 101domain, which with fewer than 200 domains is still the leading .feedback registrar.
UPDATE: Westerdal says that MarkMonitor was in fact terminated on Monday. Neither party claims that MarkMonitor made any effort to comply with the breach notice by apologizing.

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ICANN attendance shrank in Denmark

Kevin Murphy, April 25, 2017, Domain Policy

Attendance at ICANN’s recent meeting in Copenhagen was down about 8% on the comparable meeting a year earlier in Marrakech, according to ICANN statistics.
There were 2,089 at the Denmark meeting, down from 2,273 reported a year ago in Morocco.
The decline appears to be largely a result of relatively lower local participation. Africa is usually under-represented at ICANN meetings, but there was a surge in Marrakech, with almost 956 attendees hailing from the continent.
About half of Copenhagen participants — 1,012 people, of which 417 were first-timers — were European.
The number of remote participation attendees was much higher in Copenhagen. ICANN counted 4,428 unique users logging into Adobe Connect meeting rooms, compared to 3,458 in Marrakech.
Both Copenhagen and Marrakech, ICANNs 55 and 58, are designated as “community forums”, meaning they follow the traditional ICANN schedule. ICANN 56 was a shorter, policy-focused meeting and ICANN 57 was a longer meeting with a focus on outreach.
The stats for Copenhagen can be downloaded here (pdf).

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Afnic CEO quits, heads to new mystery job

Kevin Murphy, April 25, 2017, Domain Registries

Afnic CEO Mathieu Weill has abruptly quit the French domain registry and is heading to a new job elsewhere.
The .fr registry said Weill will be replaced on an interim basis by his deputy, Pierre Bonis, from May 1.
A formal search for a permanent replacement will begin “in the coming weeks”, Afnic said.
Weill has been with the company, which also manages the ccTLDs for French overseas territories, since 2005.
He oversaw the growth of .fr from 300,000 names to 3 million in that time, according to his LinkedIn profile.
He told DI that he has a new job lined up with a different company, but that he’s unable to disclose his new role yet.

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Verisign to keep price increase power under new .net contract

Kevin Murphy, April 21, 2017, Domain Registries

The wholesale price of a .net domain is likely to top $15 by 2023, under a proposed renewal of its ICANN contract revealed today.
ICANN-imposed price caps are staying in the new Registry Agreement, but Verisign retains the right to increase its fees by 10% in each of the six years of the deal’s lifespan.
But domain investors do have at least one reason to be cheerful — while the contract adds many features of the standard new gTLD registry agreement, it does not include a commitment to implement the Uniform Rapid Suspension anti-cybersquatting procedure.
The current .net annual fee charged to registrars is $8.95 — $8.20 for Verisign, $0.75 for ICANN — but Verisign will continue to be allowed to increase its portion by up to 10% a year.
That means the cost of a .net could hit $15.27 wholesale (including the $0.75 ICANN fee) by the time the proposed contract expires in 2023.
Verisign has form when it comes to utilizing its price-raising powers. It exercised all six options under its current contract, raising its share of the fee from $4.65 in 2011.
On the bright side for volume .net holders, the prices increases continue to be predictable. ICANN has not removed the price caps.
Also likely to cheer up domainers is the fact that there are no new intellectual property protection mechanisms in the proposed contract.
Several post-2000 legacy gTLDs have agreed to incorporate the URS into their new contracts, leading to outrage from domainer organization the Internet Commerce Association.
ICA is worried that URS will one day wind up in .com without a proper ICANN community consensus, opening its members up to more risk of losing valuable domains.
The fact that URS is not being slipped into the .net contract makes it much less likely to be forced on .com too.
But Verisign has agreed to several mostly technical provisions that bring it more into line with the standard 2012-round new gTLD RA.
For example, it appears that daily .net zone files will become accessible via ICANN’s Centralized Zone Data Service before the end of the year.
Verisign has also agreed to standardize the format of its data escrow, Whois and monthly transaction reports.
The company has also agreed to start discussions about handing .net over to an emergency back-end operator in the event it files for bankruptcy.
The current contract is due to expire at the end of June and the proposed new deal would kick in July 1.
It’s now open for public comment until June 13.

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ICANN loosens Whois privacy rules for registrars

Kevin Murphy, April 20, 2017, Domain Policy

ICANN has made it easier for registries and registrars to opt-out of Whois-related contractual provisions when they clash with local laws.
From this week, accredited domain firms will not have to show that they are being investigated by local privacy or law enforcement authorities before they can request a waiver from ICANN.
Instead, they’ll be also be able to request a waiver preemptively with a statement from said authorities to the effect that the ICANN contracts contradict local privacy laws.
In both cases, the opt-out request will trigger a community consultation — which would include the Governmental Advisory Committee — and a review by ICANN’s general counsel, before coming into effect.
The rules are mainly designed for European companies, as the EU states generally enjoy stricter privacy legislation than their North American counterparts.
European registrars and registries have so far been held to a contract that may force them to break the law, and the only way to comply with the law would be to wait for a law enforcement proceeding.
ICANN already allows registrars to request waivers from the data retention provisions of the 2013 Registrar Accreditation Agreement — which require the registrar to hold customer data for two years after the customer is no longer a customer.
Dozens of European registrars have applied for and obtained this RAA opt-out.

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