Verisign WILL get .web, ICANN rules

Verisign did nothing wrong when it won the $135 million .web gTLD auction via a secret intermediary, ICANN’s board of directors has decided.

The board voted at the weekend to declare that Nu Dot Co, the shell company that applied for .web “did not violate the Guidebook or the Auction Rules” when it signed a secret side-deal that would see Verisign fund its bid in exchange for handing over the registry contract after it is signed.

The board has told ICANN management to continue to process NDC’s application, which has been tied up in legal red tape since the auction in 2016.

ICANN did not rule on Verisign’s claims that second-place bidder Afilias broke the rules when executives sent text messages trying to resolve the contention set during a “black out” period immediately prior to the auction.

The ruling means that, absent any further legal action, NDC can soon sign its Registry Agreement and attempt to transfer it to Verisign, a procedure that is not often controversial when M&A takes place.

It could mean .web, which has been fiercely contested for over 20 years, launches this year.

.web gTLD was first applied for in 2000. Afilias, Neustar (then Neulevel) and others viewed it as the best probable competitor for .com and wanted that sweet, sweet action.

But ICANN instead awarded them .info and .biz respectively, in part because another applicant, Image Online Design, was already running .web in an alternate root.

There were seven applicants in the 2012 round, but attempts at privately resolving the contention set were resisted by NDC, leading to suspicions that it was being secretly bankrolled by a much larger non-applicant company.

That turned out to be true when Verisign fessed up after the auction that it was funding NDC’s $135 million winning bid.

Because Verisign has market power, ICANN referred the deal to US competition regulators, the Department of Justice, which gave the all-clear in 2018.

Runner-up Afilias immediately set the ball rolling to file an Independent Review Process complaint with ICANN, which it did in 2018, claiming ICANN broke its bylaws by failing to establish that Verisign was NDC’s sugar daddy before the auction.

The Afilias .web application is currently owned by Altanovo, the company formed of all the bits of Afilias that Identity Digital (then Donuts) didn’t want when it acquired Afilias.

The IRP panel ruled for Afilias, saying ICANN should have at the very least made a decision on whether the deal was kosher before starting to contract with NDC. That ruling became final at the end of 2021.

It’s taken ICANN 16 months to actually make its decision.

And its rationale? Hard to say with any degree of certainty.

Both sides’ arguments rely heavily on the text of the Domain Acquisition Agreement between Verisign and NDC, and ICANN has redacted all references to that document’s contents (presumably at Verisign’s demand) in its resolution and accompanying rationale.

The board said:

NDC remains the applicant and, if NDC enters into a Registry Agreement with ICANN, NDC will become the Registry Operator for .WEB. Whether or not NDC then attempts to assign the Registry Agreement to Verisign is, at this point, an event that has not occurred and conceivably may not occur depending on the circumstances at the time. And if NDC subsequently decides to request such an assignment, there are processes in place to review such a request, including the need for ICANN’s approval of that request. Such an assignment does not equate to a “circumvention” of the application process but, rather, is a necessary component for servicing Registry Operators and allowing the continued operation of gTLDs.

The board additionally notes that the process of sorting all this out took years and millions of dollars of legal fees.

Comment Tagged: .web, afilias, altanovo, auction, icann. verisign, irp, ndc, new gTLDs, nu dot co

Verisign narrows domain growth guidance

Verisign cast a slightly more optimistic light on the potential for .com and .net growth last week, as it reported a modest improvement in first-quarter sales.

Management told analysts that it’s now expecting domain growth of between 0.5% and 2.25% for the year — a boost to the low-end but a lowering of the high-end.

In February, it had predicted growth of between 0% and 2.5%.

For Q1, the company reported domain growth of just 0.1% There were 174.8 million .com and .net domains at the end of the quarter, up by a million from the start of the year.

Verisign reported net income of $179 million, up from $158 million a year ago, on revenue that increased 5.1% at $364 million.

Comment Tagged: .com, .net, earnings, financials, verisign

Epik exodus topped 100,000 domains in January

Epik lost tens of thousands of domains under management in January, as customers spooked by the company’s financial troubles transferred their names to other registrars.

The latest registry transaction reports show a net transfer loss of 30,596 domains in the month, with 32,287 outbound and 1,691 inbound transfers. That’s a pretty big leap up from December, where the net loss was 20,687 names.

For comparison, that’s second only to GoDaddy, whose primary accreditation had almost 66 million domains and just 63,943 outbound transfers in January.

The total number of outgoing transfers between September, when Epik’s current management took over, and January, is over 100,000.

Epik’s DUM has slid from 792,554 at the end of September to 684,691 at the end of January.

New domain creates have also fallen off a cliff. Having reliably added a low five-figure number every month last year, Epik added just 5,158 new domains in January, less than half as many as December.

The exodus began when customers started reporting problems taking money out of their accounts and allegations of financial mismanagement emerged. Hundreds of thousands of dollars, at least, are owed, and there’s at least one customer lawsuit.

We’re very much in run-on-the-bank territory.

None of these numbers include ccTLDs, for which data is not available. The gTLD numbers are delayed by three months due to ICANN policy.

Comment Tagged: epik

Nominet looking for another director

.uk registry Nominet has opened up its 2023 elections for a new non-executive director.

The company is looking for a NED able to serve a three-year term starting at the AGM in the fourth quarter.

Director Phil Buckingham’s current three-year term is up in September.

You don’t need to be a Nominet member to apply, but you do need to be nominated and seconded by members.

The deadline for nominations is June 2 and the voting opens in September.

Elections in previous years have proved controversial, with members unhappy about the company’s direction for some time.

Comment Tagged: election, nominet

CentralNic expects revenue up 24% in Q1

CentralNic has disclosed its earnings expectations for the first quarter, and revealed it has diversified its pool of advertising partners.

The company expects revenue for the three months to March 31 to come it up 24% at $194.9 million, with adjusted EBITDA up 15% at $21.3 million. Excluding acquisitions, year-on-year organic growth for the trailing twelve months will be about 45%.

CentralNic started off as a domain registry, acquired its way into the registrar space, and nowadays makes most of its money from traffic arbitrage — buying Facebook ads, routing visitors through intermediary web sites to advertisers.

Mostly of the money it makes from advertising comes from Google’s ad network, but the company said today it has also signed up to Microsoft’s rival Bing platform, which reduces its exposure to a single partner.

CentralNic will report its full earnings May 15.

Comment Tagged: centralnic, earnings, Microsoft

Epik CEO tries to wriggle out of $327,000 refund lawsuit

Epik CEO Brian Royce has filed a motion to dismiss a lawsuit against him, as the company denies it defrauded a customer out of $327,000 in a botched domain purchase.

Royce was named alongside Epik companies and former CEO Rob Monster in a legal complaint last month by customer Matthew Adkisson, who had tried to buy the domain nourish.com through Epik’s escrow service.

But Royce says he should be removed from the list of defendants because he wasn’t employed by Epik when the deal was inked last May. He became CEO in September 2022, after Monster stepped aside.

The motion to dismiss was filed as the companies — Epik, parent Epik Holdings, and sister company Masterbucks — simultaneous denied the allegations of fraud and racketeering, while admitting they still owe Adkisson money.

Epik admits Adkisson paid $327,000 for the domain, that he never received the domain, and that he is still owed a refund:

Defendants admit that the domain name has not been transferred to Adkisson. Defendants additionally admit that they intended, and still intend, to return Plaintiff’s funds that he had paid for the purchase of the domain name

…

Defendants admit that Epik owes Adkisson a refund of the $327,000 in funds he previously transferred to it

Monster, who is also named as a defendant and remains Epik’s majority shareholder, has not yet filed his answer to the complaint with the court, according to PACER records.

Comment Tagged: epik, lawsuit

Travel gTLD registry dumps three strings — NOT dot-brands

Future new gTLD application rounds will likely have three extra travel-related strings up for grabs, after the barely-precedented decision by a registry operator to dump three generic, non-branded strings.

Travel Reservations Srl, the registry owned by Despegar, one of South America’s largest online travel booking services, has told ICANN to tear up its contracts for .hoteles, .vuelos and .passagens.

These are the Spanish translations of “hotels” and “flights” and the Portuguese for “tickets” respectively. Despegar had also applied for the Portuguese .hoteis, but withdrew its bid before delegation.

None of the gTLDs ever launched and none had any registered domains. As such ICANN is not looking for a successor registry to protect registrants. The strings will be available to other applicants in future rounds.

Despegar never made any secret about the fact that it didn’t quite know what it wanted to do with its gTLDs when it applied in 2012, its applications noting that it would take a wait-and-see approach before making the domains available.

It waited, it saw, and a decade later it’s apparently decided it doesn’t want to operate these TLDs after all.

The fact that its termination notices were sent in January this year but dated November 6, 2020, may be indicative.

Comment Tagged: .hoteles, .passagens, .vuelos, despegar, ICANN, new gTLDs, termination

Worried about governments seizing .com domains? Too late

Language proposed for Verisign’s .net registry contract that some say would give governments the ability to arbitrarily seize domains is already present in the company’s .com contract.

As I reported earlier this month, the .net Registry Agreement is up for renewal and ICANN has opened up some largely uncontroversial proposed changes for public comment.

ICANN has received two comments so far, both of which refer to what one commenter called the “outrageous and dangerous” proposed changes to Verisign’s .net Registry-Registrar Agreement.

The RRA is the contract all accredited registrars must agree to when they sign up to sell domains in a given TLD. For ICANN, it’s a way to vicariously enforce policy on registrants via registrars via registries.

Unsimply put, the RA instructs Verisign to have an RRA with its registrars that tells them what rules their registrants have to agree to when they buy a domain name.

The new language causing the consternation is:

Verisign reserves the right to deny, cancel, redirect or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion:

…

to ensure compliance with applicable law, government rules or regulations, or pursuant to any legal order or subpoena of any government, administrative or governmental authority, or court of competent jurisdiction

One commenter states “this proposed agreement would allow any government in the world to cancel, redirect or transfer to their control applicable domain names”, adding “presumably ICANN staff and Verisign would want to also apply it to other extensions like .COM as those contracts come up for renewal”.

In fact, it’s the other way around. The exact same language has been present in Verisign’s .com contract for over three years, a change to Appendix 8a (pdf) that went largely unnoticed when thousands of commenters were instead complaining about the removal of price caps and fretting about the rise of Covid-19 around the world.

For those worried about the new .net language making it into the .com contract one day — worry not! It’s already there.

Comment Tagged: .com, .net, censorship, ICANN, suspensions, takedowns, verisign

Epik’s meltdown is a ticking time-bomb for ICANN

There are many ways ICANN could eventually wind up shutting down flailing registrar Epik, but it might face a nightmare of its own when it does.

Epik appears to have been suffering from serious cash-flow problems for the last several months, with some customers still complaining this week that they haven’t been paid money owed as far back as September.

It’s facing a lawsuit by a customer who says he’s owed over $300,000 over a failed domain purchase, accusations that it’s been running its escrow service without the proper paperwork, and claims that current and former executives may have “embezzled” customer money.

It’s an absolute dumpster fire that so far shows little sign of being extinguished, but unfortunately there’s very little about the situation that appears to be in ICANN’s Compliance wheelhouse.

ICANN Compliance has the right to terminate a company’s accreditation — its ability to sell gTLD domains — if that registrar breaches the terms of the Registrar Accreditation Agreement that all registrars must sign.

The RAA does not cover the secondary market, or escrow or store credit services like Epik’s doomed “Masterbucks”.

Ironically, ICANN would stand a better chance of shutting Epik down if its Whois service crashed, or if the registrar for some reason failed to publish an abuse contact on its web site.

However, if Epik is treating its ICANN fees the same way customers say it’s treating their funds, it can expect a nastygram or six from Compliance, if it has not done so already.

Most cases where ICANN ultimately terminates a registrar’s accreditation begin when Compliance gets a note from the bean-counters that somebody hasn’t been paying their quarterly invoices.

Typically, this serves as a tip-off that the registrar is having problems, so Compliance audits the company to see where else it might be in breach, often discovering other minor or major infractions it can add to the docket.

Epik paid ICANN just shy of $150,000 in its last-reported fiscal year to June 30, 2022. If its current cash-flow problem has caused it to miss an ICANN payment in the three quarters since then, Compliance could be another very powerful creditor knocking at its door.

Another way ICANN could bring out the deaccreditation hammer is if Epik suffers unfavorable court rulings related to financial mismanagement. The RAA specifically allows termination if a court finds a registrar committed “fraud” or “a breach of fiduciary duty”.

The customer lawsuit Epik is currently facing could make such a finding, if it reaches trial and things don’t go Epik’s way.

Perhaps a more immediate concern is that the RAA contains another clause allowing termination if a registrar “is disciplined by the government of its domicile for conduct involving dishonesty or misuse of funds of others”.

I am not a lawyer, but I can see an argument being made that this might have happened already.

As Domain Name Wire reported in February, the Insurance Commissioner of Epik’s home state of Washington recently fined the company $10,000 for selling its DNProtect service as an “insurance” product without the proper licences.

Does this count as being “disciplined by the government of its domicile for conduct involving dishonesty”? Legally, I don’t know.

DNW reports in the same article that the Washington state attorney general has been tipped off about Epik’s escrow service, which is also a regulated industry in which Epik apparently does not have the necessary paperwork to operate.

I’m soothsaying here, of course, but any future disciplinary action from Epik’s local AG could well give ICANN Compliance another deaccreditation trigger to pull.

There are multiple excuses Compliance could find to shitcan Epik over the coming months, but let’s look at the downside for ICANN if it does.

Epik has built itself up in recent years as the go-to “free speech” registrar. It’s welcomed, even courted, multiple registrants that have had their domains banished from other registrars for their sites’ controversial content.

That pretty much always means “far-right” content, of course.

Most recently, it took the business of kiwifarms.net, a forum accused of allowing member to doxx and issue death threats against transgender rights activists.

It’s previously been associated with domains for similarly controversial registrants including Andrew Tate, Infowars, 8chan, Gab and The Daily Stormer.

When Monster was replaced by current CEO Brian Royce last September, the company made a big deal about how the new guy and the old guy were aligned on the free speech issue. Royce has subsequently echoed those thoughts.

Given the narrative Epik has created around itself, can you imagine how a certain section of the online public, namely the fringe of the American right-wing, would react if ICANN essentially shut down the “free speech registrar”?

ICANN has for many years faced misinformed criticism that it has the power to take down web sites it does not agree with, that it acts as a gatekeeper for the internet, that it is or risks becoming the internet’s “content police”.

If ICANN were to deaccredit Epik, removing its ability to sell most domain names, it would be incredibly easy to construct a narrative that a bunch of Californian liberals are trying to destroy “free speech” by taking down loads of right-leaning web sites.

It wouldn’t be true, of course, but the notion would only need to be propagated by a clueless Congressperson, a disingenuous podcast host, or a sustained social media campaign, before ICANN’s very raison d’être came under focus by people who don’t particularly care about facts.

Comment Tagged: epik, ICANN, raa

Epik customer exodus started when Monster quit

Domain registrants started leaving Epik in droves when CEO Rob Monster quit last year and serious allegations of financial mismanagement emerged, an analysis of the numbers shows.

Epik’s total gTLD domains under management began to free-fall in September 2022, dropping by more than 70,000 by the end of the year, almost all as a result of customers transferring their domains to other registrars.

Data from registry transaction reports I compiled shows Epik peaking at around 808,000 domains across all gTLDs at the end of August, having gone up every month that year.

But DUM started tumbling when Monster quit and customers started reporting problems extracting funds from their accounts in mid-September. Epik dropped to 792,000 domains that month, with 780,000 in October, 767,000 in November and 733,000 at the end of the year.

Transfers from Epik to other registrars also went up in September, almost doubling from the 9,500 domains reported in August to 16,000, a level of customer bleed it maintained until December, when it rocketed up to almost 23,000.

Most of the losses were of course in .com, but .net, .org and .xyz also saw big downsides.

The drop in revenue won’t help the company extract itself from its current dire straits. It’s publicly admitted it’s having difficulty paying its customers, some of whom complain they’re owed tens or hundreds of thousands of dollars.

Epik is facing a customer lawsuit, the prospect of a probe by its local state attorney general over its unlicensed escrow service, and recently had to shut down its unlicensed “insurance” service after a settlement with the Washington state insurance regulator.

Whoever runs its Twitter account has been pointing the finger of blame at Monster, saying the company, which it refers to as “Epik 2.0” is trying to move “out of a monster’s shadow”.

In recent days it’s tweeted reassurances that customers will eventually be made whole, legal threats against Monster (believed to still be non-executive chair) and, yesterday, expressions of a desire to “connect” with Monster and explore “alternative paths”.

Comment Tagged: epik, escrow, masterbucks