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Ten years ago I predicted Oscar winners wanted a .movie gTLD. Was I right?

Kevin Murphy, January 14, 2020, Domain Registries

Almost 10 years ago, when DI was barely a month old, I looked at that year’s Oscar nominees and predicted that a .movie gTLD could find some demand in the movie industry. Was I right?
Of course I was. As regular readers know, I’m always right. Apart from those times I’m wrong.
In 2010, there was no .movie gTLD and no publicly announced applications, but I noted at the time that almost half of the 50 nominated movies that year included the word “movie” immediately before the dot.
This year, there were 52 nominated movies across all categories (I’m well aware that this is a pretty small sample size to draw any conclusions from, but this post is just a bit of fun) so one might reasonably expect there to be roughly 25 official sites using .movie domains among them.
There are not. Only nine of the films, including four of the nine Best Picture nominees, use freshly registered .movie domains for their official sites.
These include the likes of 1917.movie, thecave.movie, joker.movie, onceuponatimeinhollywood.movie and littlewomen.movie.
.movie, managed by Donuts, has been around since August 2015. It competes with Motion Picture Domain Registry’s .film, which was not used by any of this year’s Oscars hopefuls.
What about the rest of this year’s nominees? Did they all register fresh .com domains for their movies?
No. In fact, only 10 of the 52 movies appear to have registered new .com domains for their official sites — one more than .movie — including two of the Best Picture nominations.
These fresh .com regs include domains such as parasite-movie.com, richardjewellmovie.com, ilostmybodymovie.com, forsamafilm.com and breakthroughmovie.com.
One movie — Honeyland, a North Macedonian environmentalist documentary about bees — uses a .earth domain.
I discovered today that, rather brilliantly, the Japan-based .earth registry demands registrants “voluntarily pledge to become ambassadors for Earth and do away with actions that harm Earth and its inhabitants” in its Ts&Cs.
So, of the 52 nominated movies, only 20 opted to register a new domain for their official site — down from 24 in 2010 — and that business was split evenly between .com and new gTLDs.
Whether the movies opted for a .movie domain appears to depend in large part on the distributor.
Sony appears to be a bit of a fan of the gTLD, while Fox, Disney and Warner tend to use after-the-slash branding on their existing .com domains for their films’ official sites.
I tallied 17 movies that have their official sites on their distributor’s .com/.org domain.
There are also trends that I could not have predicted a decade ago, such as the rise of streaming services. Back in 2010, Netflix was still largely a DVD-delivery player and was not yet creating original content.
But this year, seven of the Oscar-nominated movies were made and/or distributed by Netflix, and as such the official web site is the same place you go to actually watch the film — netflix.com.
A few of the nominated animated shorts don’t need official sites either — you just head to YouTube to watch them for free.
There are currently only about 3,200 domains in the .movie zone file, about 1,200 fewer than rival .film. It renews at over $300 a year at retail, so it’s not cheaper than the alternatives by a long way.

ICANN gets a new European chief

Kevin Murphy, January 14, 2020, Domain Policy

ICANN has moved long-time head of North America stakeholder engagement Chris Mondini to head up the organization’s European office.
Mondini will take over the role of vice president of stakeholder engagement for Europe and will also become managing director of the Brussels office.
He replaces Jean-Jacques Sahel, who quit to join Google’s Asia policy team a few months ago.
As attendees at ICANN’s recent Montreal meeting may recall, American Mondini speaks (to my ear) pretty decent French, which will no doubt come in handy after he crosses the pond.
He will continue to lead Global Business Engagement initiatives worldwide and will continue to report to senior VP Sally Costerton.
Mondini has been with ICANN for over eight years, having joined during the Beckstrom years in 2011.

Watch John Oliver take down voice.com’s buyer

Kevin Murphy, June 19, 2019, Domain Sales

The blockchain developer that just spaffed $30 million on the domain name voice.com was the subject of a takedown on Last Week Tonight With John Oliver a year ago.
Oliver spent four minutes of a 25-minute rant about cryptocurrency offering some harsh criticisms of Block.one, which made the record-breaking purchase to brand its forthcoming crypto-based social media platform Voice.
He’s primarily concerned with warning viewers that initial coin offerings may be nothing but huge scams, and that a key Block.one backer (who left the company shortly after the show aired) may be a bit shady.
The whole segment’s worth a watch for context, but here’s the part concerning Block.one.


    Last Week Tonight, in case you somehow don’t know, its a weekly topical comedy show that airs on HBO in North America, Sky Atlantic in the UK and Ireland, and The Comedy Channel in Australia. It’s one of the best things on the telly, and I consider John Oliver the de facto UK ambassador to the US.

Oh, the irony! Banned anti-Islam activist shows up on “Turkish” new gTLD domain

Kevin Murphy, April 23, 2019, Domain Policy

Tommy Robinson, who has been banned from most major social media platforms due to his anti-Islam “hate speech”, is now conducting business via a domain name that some believe rightfully belongs to the Muslim-majority nation of Turkey.
The registration could add fuel to the fight between ICANN and its governmental advisers over whether certain domains should be blocked or restricted.
Robinson, the nom de guerre of the man born Stephen Yaxley-Lennon, is the founder and former leader of the far-right English Defence League and known primarily for stirring up anti-Muslim sentiment in the UK for the last decade.
He’s currently, controversially, an adviser to the UK Independence Party. Former UKIP leader Nigel Farage, also a thoroughly unpleasant bloke, considers Robinson so far to the right he quit the party in response to the appointment.
Over the last year, Robinson has been banned from Twitter, Facebook and Instagram, and had his YouTube account placed under serious restrictions. This month, he was also banned from SnapChat, and the EDL he used to lead was among a handful of far-right groups banned from Facebook.
Since his personal Facebook page went dark in February, he’s been promoting his new web site as the primary destination for his supporters.
It features news about his activities — mainly his ongoing fights against social media platforms and an overturned contempt of court conviction in the UK — as well as summaries of basically any sufficiently divisive anti-Islam, anti-immigration, or pro-Brexit stories his writers come across.
The domain he’s using is tr.news, a new gTLD domain in a Donuts-owned registry. It was registered in December via GoDaddy.
Given it’s a two-character domain, it will have been registry-reserved and would have commanded a premium price. Other two-character .news domains are currently available on GoDaddy for between $200 and $10,000 for the first year.
It will come as no surprise at all for you to learn that the domain was transferred out of GoDaddy, which occasionally kicks out customers with distasteful views, to Epik, now de facto home of those with far-right views, a couple of weeks after the web site launched.
The irony of the choice of domain is that many governments would claim that tr.news — indeed any two-character domain, in any gTLD, which matches any country-code — rightfully belongs to Turkey, a nation of about 80 million nominal Muslims.
TR is the ISO 3166-1 two-character code for Turkey, and until a couple of years ago new gTLD registries were banned from selling any of these ccTLD-match two-letter domains, due to complaints from ICANN’s Governmental Advisory Committee.
Many governments, including the UK and US, couldn’t care less who registers their matching domain. Others, such as France, Italy and Israel, want bans on specific domains such as it.pizza and il.army. Other countries have asked for blanket bans on their ccTLD-match being used at all, in any gTLD.
When new gTLDs initially launched in 2012, all ccTLD matches were banned by ICANN contract. In 2014, ICANN introduced a cumbersome government-approval system under which governments had to be consulted before their matches were released for registration.
Since December 2016, the policy (pdf) has been that registries can release any two-letter domains, subject to a provision that they not be used by registrants to falsely imply an affiliation with the country or registry with the matching ccTLD.
Robinson is certainly not making such an implication. I imagine he’d be as surprised as his readers to learn that his new domain has a Turkish connection. It’s likely the only people who noticed are ICANN nerds and the Turkish themselves.
Would the Turkish people look at tr.news and assume, from the domain alone, that it had some connection to Turkey? I think many would, though I have no idea whether they would assume it was endorsed by the government or the ccTLD registry.
Would Turkey — a government whose censorship regime makes Robinson’s social media plight look like unbounded liberalism — be happy to learn the domain matching its country code is being used primarily to deliver divisive content about the coreligionists of the vast majority of its citizens? Probably not.
But under current ICANN policy it does not appear there’s much that can be done about it. If Robinson is not attempting to pass himself of as an affiliate of the Turkish government or ccTLD registry, there’s no avenue for complaint.
However, after taking the cuffs off registries with its December 2016 pronouncement, allowing them to sell two-letter domains with barely any restrictions, ICANN has faced continued complaints from the GAC — complaints that have yet to be resolved.
The GAC has been telling ICANN for the last two years that some of its members believe the decision to release two-character names went against previous GAC advice, and ICANN has been patiently explaining the process it went through to arrive at the current policy, which included taking GAC advice and government comments into account.
In what appears to be a kind of peace offering, ICANN recently told the GAC (pdf) that it is developing an online tool that “will provide awareness of the registration of two-character domains and allow for governments to report concerns”.
The GAC, in its most-recent communique, told ICANN its members would test the tool and report back at the public meeting in Montreal this November.
The tool was not available in December, when tr.news was registered, so it’s not clear whether Turkey will have received a formal notification that its ccTLD-match domain is now registered, live, and being used to whip up mistrust of Muslims.
Update April 30: ICANN informs me that the tool has been available since February, but that it does not push notifications to governments. Rather, governments can search to see if their two-letter codes have been registered in which gTLDs.

After NZ shooting, Epik has a Monster PR problem

Kevin Murphy, March 21, 2019, Domain Registrars

Domain name registrar Epik.com has come under fire from prominent domain investors and others after CEO Rob Monster suggested that video of the recent mosque shootings in New Zealand, which he hosted on an Epik service and shared on social media, was a hoax.
Domainer-bloggers including Shane Cultra, Konstantinos Zournas, and DNPlaybook.com have questioned Monster’s decision, and one of his own senior staffers, former DomainNameWire contributor Joseph Peterson, took to a domainer forum to in parts criticize and defend his boss.
Cultra was particularly harsh in his criticism this week, calling for domainers to move their domains out of Epik and for his friend, Epik director Braden Pollock, to remove himself from the board.
He wrote: “I would like to think that any respectable domain investor remove their domains from Epik… Rob Monster’s agenda has no place in our industry”.
DNPlaybook wrote that Monster has become “Facilitator of Hate and Promoter of Conspiracies”.
Other domainers have written that they have removed, or will remove, their domains from Epik, though Monster wrote earlier this week that the impact on its business so far has been minimal.
Epik is an ICANN-accredited registrar with about 400,000 gTLD names under management at the last count. It’s almost doubled in size over the last two years.
The company and its CEO have been subject to criticism for months over their decision to provide services to web sites that enable the promotion of far-right ideologies such as white supremacism and Nazism.
But the latest row kicked off on March 15, when Monster used his personal Twitter account to share a link to the self-shot, first-person video of one of the terrorist attacks at a mosque in Christchurch.
Fifty people, all Muslims attending Friday prayers or in the vicinity of the mosques, were killed by the same person during the attacks.
The first attack was live-streamed on Facebook from a head-mounted camera. Apparently viewed live by fewer than 200 people, copies were nevertheless widely circulated on social media and elsewhere.
The copy of the video linked to by Monster was hosted by Epik-owned privacy services provider Anonymize.com, on an “effectively uncensorable” file-sharing service the company is currently developing.
In a subsequent tweet, Monster threw doubt upon whether the footage was real, writing: “Shell casings simply vanish into thin air. Etc. It looks like low budget CGI”.
Anyone with a grain of common sense who has seen the video will tell you that Monster is clearly talking absolute bollocks here. It’s not a fake.
Monster’s Twitter account has since been deleted. According to Peterson, Epik’s director of operations, Monster deleted it himself. Reading between the lines, it appears he was pressured to do so by his staff, including Peterson.
Monster has not yet deleted — and is in fact still actively using — his @epik account on Gab.com, the Twitter clone often used by far-right activists who have been banned from or choose not to use Twitter due to their views.
A March 15 post on Gab by Monster links to a copy of the Christchurch killer’s rambling “manifesto”, again hosted on anonymize.com. This link is still live, but I’ve redacted it in the screen-cap below, which shows Monster effectively using the manifesto to promote the forthcoming Anonymize service.
Monster on Gab
I’ve been unable to confirm whether Epik is still hosting the video of the attack, though there are reports that it was taken down a matter of hours after posting. (UPDATE 1816 UTC: the video is in fact still live on the Anonymize service).
Epik and Monster drew attention last November when Monster publicly offered to become the registrar for Gab.com, after the domain was suspended by GoDaddy.
Monster at the time said the move was to protect freedom of speech online.
Epik again attracted attention last month when it acquired BitMitigate, a denial-of-service protection startup which has been providing services to unapologetic Nazi propaganda site The Daily Stormer since August 2017, when Cloudflare told the site to GTFO.
It’s also taken on the domain business of video hosting site BitChute, which is often used as a refuge for political vloggers (including some on the far right) who have been demonetized or banned by YouTube.
For these reasons, in January Epik attracted the attention of the Southern Poverty Law Center, an anti-racist group based in the US. The SPLC wrote that “Epik is cornering the market on websites where hate speech is thriving”.
The post, and other news reports, strongly hint that Monster’s own political views might be more aligned with those of his customers than he cares to admit.
Monster naturally rebuts these suggestions, calling the SPLC post “highly defamatory and inaccurate”. In one of his most recent posts on Namepros, before his staff asked him to back away from the public square for a while, he wrote:

As for those members of the domain community who have taken the opportunity this week to rebuke me for allowing free speech to continue on the Internet, please know that I am neither seeking publicity or controversy. I am of sound mind. I am not a Nazi, an anti-semite, a homophobe, a misogynist, a bigot, or a racist. I believe love and understanding will overcome hate and divisiveness.
The future of the domain industry is being determined in 2019. Censorship, WHOIS privacy, sinkholing, DDoS, deplatforming, demonetization, unpersoning, are all symptoms of the disease which is a relentless desire by the few to dictate the narratives and choices to be consumed by the many.

Peterson has also denied that his boss harbors secret extremist views, in a series of lengthy, nuanced posts (starting here) on Namepros this week.
He writes that Monster has a “weird conspiratorial streak” and a natural inclination to believe in “false flag” conspiracy theories. He doubts the official story on 9/11 and believes the moon landings were faked, Peterson said. Monster is also a “Bible-believing Christian”, according to his Gab profile.
Peterson also writes that a significant portion of Epik’s employees, including some in important roles, are Muslims. He writes that he was “appalled” by Monster’s decision to post the video, but added:

But to infer that he did this because he hates muslims and condones murder is not just simplistic; it is LUDICROUS. One person murders 30+ muslims. The other person hires them and works with them closely on a daily basis. To equate these 2 is simply wrong. Whatever the reasons Rob felt it necessary to re-publish a link to content others had decided to censor, hatred of muslims was NOT the reason.

He goes on to say:

I object to Epik — the team I work with and the customers we look after — being portrayed falsely as some epicenter of “hate speech” or the alt right. We are not. We are a domain registrar and marketplace with a wide range of services. We are a company whose boss has taken controversial (and in some ways courageous) steps to protect free speech. Unfortunately, that same boss has stepped on that message with some very bad PR moves. When Rob does that, it irritates me to the point of exasperation. And I tell him so.

According to Peterson, Monster and his wife came under attack last year with a leafleting campaign in his local neighborhood, denouncing him as a Nazi.
He suspects this kind of behavior may have caused his boss to “double-down” on exactly the same kinds of activities that invited the controversy in the first place.
Whatever the reason, Epik certainly has got a PR problem on its hands right now.
I doubt this is the last we’ll hear of it.

Internet to lose its .co.ck? Cook Islands mulls name change

The government of the Cook Islands is reportedly thinking about changing its name, putting a question mark over the long-term longevity of its .ck top-level domain.
The AFP is reporting that an exploratory committee has been set up to pick a new name for the country, which is currently named after British explorer James Cook.
The new name would be in the local language, Cook Islands Maori, but would also reflect the country’s Polynesian heritage and “strong Christian belief”, AFP reports.
The Cook Islands is in the Pacific Ocean, about 3,000km from New Zealand. It gained independence in 1965 but retains strong ties to NZ. It has about 12,000 citizens.
Telecom Cook Islands has been running its ccTLD, .ck, since 1995. Registrations, which are a few hundred bucks a year, are only possible at the third level, under .co.ck, .org.ck and so on.
It appears from reporting that any formal name change is still a long way off, but it seems possible that a change of name could well lead to a change of ISO 3166-1 string and therefore a change of ccTLD.
As I explained in my post about the possible loss of .io last week, any such change would take years to roll through the ICANN system. Nobody would lose their domains overnight.
But perhaps the most famous .ck domain appears to have already gone dormant.
Fictional mid-noughties hipster Nathan Barley, antihero of the Charlie Brooker sitcom of the same name, owned trashbat.co.ck, as the opening shot of the show established.
Trashbat
Sadly, that domain, which unlike clownpenis.fart actually existed and was used to promote the short-lived series, appears to stop resolving three or four years ago.

How new gTLD auctions could kill gaming for good

Kevin Murphy, January 11, 2019, Domain Policy

Ever heard of a Vickrey auction? Me neither, but there’s a good possibility that it could become the way most new gTLD fights get resolved in future.
It’s one of several methods being proposed to help eliminate gaming in the next new gTLD application round that have received some support in a recently closed round of public comments.
ICANN’s New gTLD Subsequent Procedures working group (SubPro) is the volunteer effort currently writing the high-level rules governing future new gTLD applications.
Two months ago, it published a preliminary report exploring possible ways that contention sets could be resolved.
The current system, from the 2012 round, actively encourages applicants to privately resolve their sets. Usually, this entails a private auction in which the winning bid is shared evenly between the losing applicants.
This has been happening for the last five years, and a lot of money has been made.
Losing auctions can be a big money-spinner. Publicly traded portfolio registry MMX, for example, has so far made a profit of over $50 million losing private auctions, judging by its annual reports. It spent $13.5 million on application fees in 2012.
MMX is actually in the registry business, of course. But there’s a concern that its numbers will encourage gaming in future.
Companies could submit applications for scores of gTLDs they have no intention of actually operating, banking on making many multiples of their investment by losing private auctions.
Pointing no fingers, it’s very probably already happened. But what to do about it?
Who’s this Vickrey chap?
One suggestion that seems to be getting some love from diverse sections of the community is a variation of the “Vickrey auction”.
Named after the Canadian Nobel Prize-winning economist William Vickrey, it’s also called a “second price sealed bid auction”.
Basically, each applicant would secretly submit the maximum price they’d be willing to pay for the contested gTLD, and the applicant with the highest bid would pay the amount of the second-highest bid.
This method has, I believe, been used more than once in private contention resolution during the 2012 round.
But under the system suggested by SubPro, each applicant would make their single, sealed, high bid at time of application, before they know who else is gunning for the same string.
That way, contention sets could be mostly eliminated right at the start of the process, leading to time and cost efficiencies.
There’d be no need for every application in a contention set to go through full evaluation. Only the high bidder would be evaluated. If it failed evaluation, the second-highest bidder would go into evaluation, etc, until a successful applicant was found.
For losing applicants, a possible benefit of this is that they’d get much more of their application fees refunded, because they’d be skipping much of the process.
Neither would they have to bear the ambient running costs of sitting on their hands for potentially years while the ICANN process plays itself out.
It could also substantially speed up the next round. If the round has five, 10, 20 or more times as many applications as the 1,930 received in 2012, resolving contention sets at the very outset could cut literally years off processing times.
The SubPro concept also envisages that the winning bid (which is to say, the second-highest bid) would go directly into ICANN’s coffers, eliminating the incentive to game the system by losing auctions.
I must admit, there’s a lot to love about it. But it has drawbacks, and critics.
Why Vickrey may suck
SubPro itself notes that the Vickrey model it outlines would have to take into account other aspects of the new gTLD program, such as community applications, applicants seeking financial support from ICANN, and objections.
It also highlights concerns that bids submitted at the time of application constitute private business-plan information that applicants may not necessarily want ICANN staff seeing (with the revolving door, this info could quite easily end up at a competitor).
Companies and constituencies responding to the recent public comment period also have concerns.
There’s hesitance among some potential applicants about being asked to submit blind bids. There are clearly cases where an applicant would be prepared to pay more to keep a gTLD out of the hands of a competitor.
One could imagine, for example, that Coca-Cola would be ready to spend a lot more money on .cola if it knew Pepsi was also bidding, and possibly less if it were only up against Wolf Cola.
The Intellectual Property Constituency raised this concern. It said that it was open to the idea of Vickrey auctions, but that it preferred that bids should be submitted after all the applications in the contention set have been revealed, rather than at time of application:

Although there is a potential downside to this in that the parties have not put a “value” on the string in advance, the reality is that many factors come into play in assessing that “value”, certainly for a brand owner applicant and possibly for all applicants, including who the other parties are and how they have indicated they intend to use the TLD.

The Brand Registry Group and Neustar were both also against the Vickrey model outlined by SubPro, but neither explained their thinking.
The Business Constituency, which is often of a mind with the IPC, in this case differed. The BC said it agreed that bids should be submitted alongside applications, only to be unsealed in the event that there is contention. The BC said:

This Vickrey auction would also resolve contention sets very early in the application evaluation process. That saves contending applicants from spending years and significant sums during the contention resolution process, which was very difficult for small applicants.

It’s hard to gauge where current registries, which are of course also likely applicants, stand on Vickrey. The Registries Stakeholder Group is a pretty diverse bunch nowadays and it submitted a set of comments that, unhelpfully, flatly contradict each other.
“Some” RySG members believe that the current evaluation and contention process should stay in place, though they’re open to a Vickrey-style auction replacing the current ascending-clock model at the last-resort stage after all evaluations are complete.
“Other” RySG members, contrarily, wholeheartedly support the idea that bids should be submitted at the time of application and the auction processed, Vickrey-style, before evaluation.
“An application process which requires a thorough evaluation of an applicant who will not later be operating the gTLD is not an efficient process,” these “other” RySG members wrote. They added:

if contention sets are resolved after the evaluation process and not at the beginning of it, like the Vickery model suggestion, it would enable applicants who applied for multiple strings to increase the size of their future bids each time they lost an auction. Each TLD needs to be treated on its own merits with no contingencies allowed for applicants with numerous applications.

It’s not at all clear which registries fall into the “some” category and which into “other”, nor is it clear the respective size of each group.
Given the lack of substantive objections to pre-evaluation Vickrey auctions from the “some” camp, I rather suspect they’re the registries hoping to make money from private settlements in the next round.
Other ideas
Other anti-gaming ideas put forward by SubPro, which did not attract a lot of support, included:

  • A lottery. Contention sets would be settled by pulling an applicant’s name out of a hat.
  • An RFP process. This would mean comparative, merit-based evaluation, which has never been a popular idea in ICANN circles.
  • Graduated fees. Basically, applicants would pay more in application fees for each subsequent application they filed. This would disadvantage portfolio applicants, but could give smaller applicants a better shot at getting the string they want.

All of the comments filed on SubPro’s work has been fed back into the working group, where discussions about the next new gTLD round will soon enter their fourth year…

Exclusive gang of 10 to work on making ICANN the Whois gatekeeper

Kevin Murphy, December 14, 2018, Domain Services

Ten people have been picked to work on a system that would see ICANN act as the gatekeeper for private Whois data.

The organization today announced the composition of what it’s calling the Technical Study Group on Access to Non-Public Registration Data, or TSG-RD.

As the name suggests, the group is tasked with designing a system that would see ICANN act as a centralized access point for Whois data that, in the GDPR era, is otherwise redacted from public view.

ICANN said such a system:

would place ICANN in the position of determining whether a third-party’s query for non-public registration data ought to be approved to proceed. If approved, ICANN would ask the appropriate registry or registrar to provide the requested data to ICANN, which in turn would provide it to the third party. If ICANN does not approve the request, the query would be denied. 

There’s no current ICANN policy saying that the organization should take on this role, but it’s one possible output of the current Expedited Policy Development Process on Whois, which is focusing on how to bring ICANN policy into compliance with GDPR.

The new group is not going to make the rules governing who can access private Whois data, it’s just to create the technical framework, using RDAP, that could be used to implement such rules.

The idea has been discussed for several months now, with varying degrees of support from contracted parties and the intellectual property community.

Registries and registrars have cautiously welcomed the notion of a central ICANN gateway for Whois data, because they think it might make ICANN the sole “data controller” under GDPR, reducing their own legal liability.

IP interests of course leap to support any idea that they think will give them access to data GDPR has denied them.

The new group, which is not a formal policy-making body in the usual ICANN framework, was hand-picked by Afilias CTO Ram Mohan, at the request of ICANN CEO Goran Marby.

As it’s a technical group, the IP crowd and other stakeholders don’t get a look-in. It’s geeks all the way down. Eight of the 10 are based in North America, the other two in the UK. All are male. A non-zero quantity of them have beards.

  • Benedict Addis, Registrar Of Last Resort.
  • Gavin Brown, CentralNic.
  • Jorge Cano, NIC Mexico.
  • Steve Crocker, former ICANN chair.
  • Scott Hollenbeck, Verisign.
  • Jody Kolker, GoDaddy.
  • Murray Kucherawy, Facebook.
  • Andy Newton, ARIN.
  • Tomofumi Okubo, DigiCert.

While the group is not open to all-comers, it’s not going to be secretive either. Its mailing list is available for public perusal here, and its archived teleconferences, which are due to happen for an hour every Tuesday, can be found here. The first meeting happened this week.

Unlike regular ICANN work, the new group hopes to get its work wrapped up fairly quickly, perhaps even producing an initial spec at the ICANN 64 meeting in Kobe, Japan, next March.

For ICANN, that’s Ludicrous Speed.

Donuts loses to ICANN in $135 million .web auction appeal

Kevin Murphy, October 16, 2018, Domain Registries

Donuts has lost a legal appeal against ICANN in its fight to prevent Verisign running the .web gTLD.
A California court ruled yesterday that a lower court was correct when it ruled almost two years ago that Donuts had signed away its right to sue ICANN, like all gTLD applicants.
The judges ruled that the lower District Court had “properly dismissed” Donuts’ complaint, and that the covenant not to sue in the Applicant Guidebook is not “unconscionable”.
Key in their thinking was the fact that ICANN has an Independent Review Process in place that Donuts could use to continue its fight against the .web outcome.
The lawsuit was filed by Donuts subsidiary Ruby Glen in July 2016, shortly before .web was due to go to an ICANN-managed last-resort auction.
Donuts and many others believed at the time that one applicant, Nu Dot Co, was being secretly bankrolled by a player with much deeper pockets, and it wanted the auction postponed and ICANN to reveal the identity of this backer.
Donuts lost its request for a restraining order.
The auction went ahead, and NDC won with a bid of $135 million, which subsequently was confirmed to have been covertly funded by Verisign.
Donuts then quickly amended its complaint to include claims of negligence, breach of contract and other violations, as it sought $22.5 million from ICANN.
That’s roughly how much it would have received as a losing bidder had the .web contention set been settled privately and NDC still submitted a $135 million bid.
As it stands, ICANN has the $135 million.
That complaint was also rejected, with the District Court disagreeing with earlier precedent in the .africa case and saying that the covenant not to sue is enforceable.
The Appeals Court has now agreed, so unless Donuts has other legal appeals open to it, the .web fight will be settled using ICANN mechanisms.
The ruling does not mean ICANN can go ahead and delegate .web to Verisign.
The .web contention set is currently “on-hold” because Afilias, the second-place bidder in the auction, has since June been in a so-called Cooperative Engagement Process with ICANN.
CEP is a semi-formal negotiation-phase precursor to a full-blown IRP filing, which now seems much more likely to go ahead following the court’s ruling.
The appeals court ruling has not yet been published by ICANN, but it can be viewed here (pdf).
The court heard arguments from Donuts and ICANN lawyers on October 9, the same day that DI revealed that ICANN Global Domains Division president Akram Atallah had been hired by Donuts as its new CEO.
A recording of the 32-minute hearing can be viewed on YouTube here or embedded below.

Wix.com obtains ICANN accreditation — bad news for Web.com?

Web site building tools provider Wix.com has got itself an ICANN accreditation, potentially bad news for current partner Web.com.
The Nasdaq-listed, Israel-based company popped up on the official registrar list in the last day or so with the IANA ID 3817.
That means it could before long start selling gTLD domains directly from the registries rather than going through its current business partner.
According to its domain services agreement and other online sources, Wix currently acts as a reseller for Network Solutions, a Web.com company.
Its retail prices are therefore, as you might expect, rather above the market average, pretty much in line with NetSol’s.
If it does choose to go solo, it could potentially pass on savings to its customers, or just pocket higher margins on domain sales.
While Wix says it has 110 million users, obviously it has sold nowhere near that number of domains.
Its relationship with NetSol is not lucrative enough for Web.com to count the relationship as a risk factor in its Securities and Exchange Commission filings, though Wix is listed as one of just a small handful of competitors.
If Web.com should lose Wix as a reseller, we won’t get to find out what impact that had on revenue; Web.com’s going private in a $2 billion deal.
Disclosure: I’ve had to listen to or skip through repetitive Wix ads on YouTube a dozen times a day for what seems like years, so I’m not naturally predisposed to like this company. Same goes for Grammarly. Grrrr!