ICANN Ombudsman quits

Herb Waye has quit as ICANN’s independent Ombudsman, according to ICANN.

His last day will be September 30 and ICANN is already looking for his replacement, the Org said in a statement.

While the announcement includes a glowing quote from board chair Tripti Sinha it does not contain a quote from Waye and no reason was given for his departure.

Waye has been in the Ombudsman’s office for 16 years, the last seven as the Ombudsman itself.

The Ombudsman is a structurally independent office that deals with issues of fairness within the ICANN community. It’s one way community members can complain about each other and ICANN itself.

Most the work is handled confidentially, so it’s difficult to say exactly what it is the Ombudsman does for their money, but the last few years’ Ombudsman annual reports show the office typically receives a couple hundred complaints a year, maybe a couple dozen of which are actually within its jurisdiction.

Complaints cover issues such as abusive discourse, harassment, and contractual compliance.

Some of the most visible Ombudsman work has related to sexual harassment complaints at ICANN public meetings. Some female community members have stated that they would feel uncomfortable reporting sexual harassment to a male Ombudsman.

I’d be very surprised if the next Ombudsman is not a woman.

Comment Tagged: ICANN, Ombudsman

ICA baffled by plan to outlaw domaining in India

The Internet Commerce Association isn’t happy about a plan to ban domain investing in India’s .in domain, saying it will “destroy a valuable and thriving secondary market”.

NIXI, the government-overseen ccTLD registry, already has a policy in its Registrar Accreditation Agreement that bans registrars from “squatting, grabbing, hoarding, infringement, auctioning, drop catch or selling of the .IN domain names at a exceptionally higher price than the published MRP”.

The registry says that registrars are using registrants as proxies to get around this rule, and is now proposing to extend the ban from registrars to registrants as well.

It’s the latest in a series of strange, Draconian policy pronouncements from NIXI, which increasingly gives the impression of being ruled by fiat. Last year, it banned people from buying more than two domains at once.

The ICA, which represents the interests of domainers, has responded to the policy proposal with 10 arguments against it, largely designed to shame NIXI for acting against the Indian government’s pro-market stance, suggesting the change may well be illegal, and pointing out it is probably shooting itself in both feet at once, financially speaking.

On that last point, ICA general counsel Zak Muscovitch wrote:

NIXI will potentially face a dramatic loss of revenue as a result of its purported policy change as affected registrants will be compelled to drop their domain names and thereby not remit any renewal fees or fees for new registrations. In effect, NIXI will be going backwards in time by greatly reducing the number of registrations and its associated revenue thereby possibly having to rely upon new government funding for its operations

The number of affected registrations could potentially be in the hundreds of thousands or millions. You would be well advised to conduct a study to determine the volume of affected registrations prior to making such a monumental decision. After changing the policy, you will likely no longer be “one of the Fastest Growing Domain in the Asia Pacific”, but rather the opposite.

While NIXI does not regularly publish its numbers, it is believed to have well over three million domains under management. It’s a big ccTLD, but relatively small compared to India’s population of 1.4 billion. The only other country with a comparable population, China, has about 20 million .cn domains.

Comment Tagged: ica, nixi

No $8 million discount for dot-brands, says ICANN

ICANN has rejected a request for a 80% discount on registry fees paid by dot-brand gTLD operators.

The Brand Registry Group had asked ICANN in May for a reduction in the annual fixed fee from $25,000 to $5,000, largely on the basis that they have essentially no abuse and require very little Compliance oversight.

But interim CEO Sally Costerton has now responded to “respectfully decline” the request, which would have wiped out about $8 million of ICANN’s annual budget, about 5% of its total revenue.

“The cost to support New gTLDs is not merely based on the number of domains under management or the level of abuse. Regardless of the size of the TLD, registry operators must still comply with the Registry Agreement and associated policies, and ICANN must monitor that compliance,” Costerton wrote.

Dot-brands already have lower fees because they uniformly don’t pass the 50,000 domains limit at which transactional fees kick in, she said.

There are mechanisms in the Base Registry Agreement that all amendments to be made, she said.

1 Comment Tagged: brand registry group, dot-brands, ICANN, new gTLDs

Epik lost 125,000 domains in Q1

Epik’s domains under management total fell by over 125,000 in the first quarter, March registry transaction reports reveal.

The company had 607,891 domains in its stable at the end of March, down from 732,914 at the start of the year. The number was down 40,000 in the month, almost double the decrease of February.

Most of the decline can be blamed on transfers — it had 27,721 names go to rival registrars in March and a net transfer loss of 26,658.

Epik had its worst month for newly registered domains too. Having regularly added 10,000 to 20,000 names a month last year, in March that had dwindled to about 2,000.

The company is known to have had troubles paying the largest gTLD registries, but it’s not clear whether this had an impact on its March numbers.

Epik peaked at over 800,000 domains under management before its financial troubles started to emerge last September. Last month it was sold to a mystery buyer which has vowed to turn its fortunes around.

Comment Tagged: epik

Buckingham leaves Nominet’s board early

Nominet director Phil Buckingham has stepped down from Nominet’s board of directors just a few months before his seat comes up for reelection.

Nominet said he was leaving the board for personal reasons immediately.

He was a member-elected non-executive director approaching the end of a three-year term. He will not stand for reelection, Nominet said.

The company, which runs .uk, opened up the seat for nominations in April and will hold a vote in September.

Comment Tagged: elections, nominet

Epik is off the ICANN naughty step

Epik is no longer in breach of its ICANN registrar accreditation agreement, but it remains to be seen whether its anonymous new owners can take over the contract, ICANN has said.

The registrar has paid its past-due fees, explained why it delayed its customers’ renewal requests and promised to put in place measures to ensure this kind of thing doesn’t happen again, ICANN Compliance chief Jamie Hedlund blogged.

This means Epik has dodged a contract suspension and gets to continue with business as usual, for now, albeit with many distrustful customers.

Hedlund wrote that ICANN is now reviewing Epik’s request to transfer its accreditation from Epik Inc to new entity Epik LLC, whose owners have yet to reveal their identities.

ICANN has to do due diligence on the buyer before approving the transfer, but Hedlund said this case is “complex” and is expected to take “several months”.

The LLC bought the old registrar for almost $5 million last month after a tortuous few months for customers claiming to be owed hundreds of thousands of dollars.

Some have speculated that the LLC is a front for Epik founder and former CEO Rob Monster, the person arguably most responsible for Epik’s woes over the last 12 months, but court documents published as part of a customer lawsuit include emails from Monster that suggest he was not involved.

Comment Tagged: compliance, epik, ICANN

Identity Digital is gobbling up Verisign’s back-end business

Verisign appears to be getting out of the new gTLD back-end registry services business, with Identity Digital taking over most of its dot-brand contracts.

Since 2018, over 80 gTLDs have moved from Verisign’s back-end to a competitor or have been removed from the DNS altogether. Over the same period, it hasn’t won any business from any of its rivals, according to data I’ve compiled.

Over the last few months about 30 new gTLDs have moved their technical back-end from Verisign to competitors, all but two to Identity Digital. Nominet and CIRA picked up a gTLD deal each.

Verisign tells me it’s not interested in providing new gTLD back-end services any more. A Verisign spokesperson said in an email:

In the case of the back-end services we provide to new gTLDs, we continually evaluate our business objectives and a few years ago, we decided that we would not be renewing our current new gTLD registry services customers and that we would help them transition before their contracts expired if they wished.

gTLDs moving home recently include .bosch, .crown, .chanel, .next, .nikon, .juniper and .fidelity.

Given the sheer number of gTLDs going to Identity Digital, it appears that there may be a side deal between the two registries to recommend migration to ID, but both companies declined to comment on that suggestion.

In 2012, Verisign had signed on to be the back-end for 220 new gTLDs, mostly dot-brands. Not all of those made it through the application process, but today my database has the company as RSP-of-record for fewer than 80 2012-round labels.

The company was said to be among the priciest option for dot-brands, trading on decades of .com uptime prestige, but the need for an RSP with 150 million domains under management is debatable when your gTLD is essentially just parked.

And for Verisign, the dot-brand business is not material to revenues and probably not especially profitable, at least when compared to the vast amounts of cash .com effortlessly generates.

In 2021, Verisign lost its deal to manage .tv to GoDaddy, after it declined to compete presumably due to the anticipated lower profit margins.

Comment Tagged: back-end, cira, godaddy, identity digital, nominet, verisign

o.com auction likely a damp squib after Overstock rebrand

Verisign’s long-planned auction of the single-character domain o.com is looking even less likely, with its most motivated bidder completely rebranding its company.

Overstock.com, which had been lobbying for Verisign to release the domain since at least 2004, said this week it’s bought the intellectual property assets of bankrupt rival furniture retailer Bed Bath & Beyond for $21.5 million, and will rebrand accordingly.

That means it will drop Overstock.com the brand and overstock.com the domain, in favor of bedbathandbeyond.com in the US. The rebrand of its equivalent Canadian sites under .ca will come first.

The domain switch will presumably be less chaotic than the company’s attempt to rebrand as O.co in 2011, which caused huge confusion in .com-loving North America and was quickly reversed.

The change of course means that Overstock now has no motivation to bid on o.com, should Verisign ever actually get around to exercising its hard-won right to sell off the domain for charity.

All but a handful of single-character .com domains have been reserved for decades, but Verisign was given permission to sell o.com by ICANN in 2018 after years of pleading by Overstock founder Patrick Byrne.

Byrne quit Overstock not long after ICANN gave the nod due to his involvement with Russian spy-turned-politician Maria Butina and evidently took his obsession with o.com with him.

Disclosure: over a decade ago, I provided consulting services to a third party in support of the release of o.com.

4 Comments Tagged: auction, ICANN, o.co, o.com, overstock.com, verisign

ICANN actually CHANGES Verisign’s .net contract after public comments

ICANN has decided to make a change to the upcoming new version of Verisign’s .net registry agreement in response to public comments, but it’s not the change most commenters wanted.

In the near-unprecedented nod to the public comment process, the Org says it’s agreed with Verisign to change two instances of upper-case “S” in the term “Security and Stability” to lower case.

That’s it.

Some commenters had wrung their hands over the fact that the .net contract includes upper-case “Security and Stability” as defined terms, in contrast to the lower-case “security and stability” found in other gTLD contracts.

Based on a strict reading, this could in some circumstances give Verisign an excuse to avoid implementing ICANN Consensus Policies, commenters including the Business Constituency and Intellectual Property Constituency noted,

It appears that this was an oversight by ICANN and Verisign rather that some kind of nefarious plot. In its public comments analysis and summary (pdf), ICANN writes:

We acknowledge however that the capitalization of the “s” could in theory potentially lead to different interpretations of the applicability of certain future Consensus Policies under Section 3.1(b)(iv)(1) for the .NET RA.

Because in this instance it was not the intent of ICANN org nor Verisign to limit in this manner the applicability of Consensus Policy topics for which uniform or coordinated resolution is reasonably necessary to facilitate the interoperability, security and/or stability of the Internet or DNS, ICANN org and Verisign have mutually agreed to update Section 3.1(b)(iv)(1) of the .NET RA to the lower case “s.”

So there we have it: a rare instance of a public comment period accomplishing something and a confirmed victory for accountability and transparency!

Most of the comments had focused on Verisign’s ability to raise prices and a clause that some domainers thought would allow censorial government regimes to seize domains, but ICANN said that’s all fine.

1 Comment Tagged: .net, ICANN, renewal, verisign

GoDaddy takes over .health

GoDaddy Registry has added .health to its growing stable of TLDs.

According to ICANN records, the company has taken over the contract from original registry DotHealth.

GoDaddy was already the back-end registry services provider for the gTLD, and as registrar is responsible for roughly half of the roughly 35,000 domains registered there.

Judging by ICANN documentation, GoDaddy has also acquired DotHealth.

1 Comment Tagged: .health, acquisition, dothealth, godaddy, ICANN, new gTLDs