Mystery buyer rescues Epik at end of crazy week

Limping registrar Epik isn’t out of the woods yet by a long shot, but its life became considerably easier late last week when a mystery buyer snapped up its assets for almost $5 million, enabling it to pay off many of its creditors.

The company said on Twitter that it had closed a deal that allowed it to pay off ICANN, which had filed a public breach notice just two days earlier, as well as various registries and loan providers.

It also allowed it to pay off Matthew Adkisson, the customer who was owed over $300,000 following a botched secondary market domain deal last year, who has now dropped his fraud and racketeering lawsuit.

Adkisson appears to have come away poorer, however, as the payoff seems to have only covered the money owed and not the probably substantial legal fees he has incurred since then.

The events of last week were pretty wild, including claims about literal assassination attempts, judging by court documents from Adkisson’s case.

Epik had told his lawyers that an “asset purchase agreement” for the Epik registrar was imminent, which would allow the company to settle its debts.

Disappointed with the offer, Adkisson filed for a temporary restraining order to prevent the sale, believing the money would wind up being squirreled away by the registrar’s current or former management.

That TRO disappeared when he withdrew his complaint and got paid at the weekend. ICANN, Identity Digital and Verisign all appear to have been paid at the same time, along with creditors called TVT and JJE.

The ICANN breach notice provides some poor optics for ICANN, which now looks like it only initiated Compliance proceedings in March, when its own registrar fees went unpaid, despite being aware of the many customer complaints against Epik.

However, now that the Compliance process has started, getting paid may not be enough to end it. The breach notice also refers to “several hundred” domains that were affected by Epik’s cash flow problems — it seems the company was unable to renew or transfer domains while in was in hock to the registries.

Adkisson’s docket contains several sworn declarations from customers saying they have lost important domains to others or been forced to spend thousands of dollars to move their domains elsewhere lest risk losing them.

While Epik cannot provide satisfactory answers to ICANN’s questions about these domains, its accreditation is still at risk.

Complicating matters, the new buyer will need to have the old registrar accreditation transferred to it, a process that takes time and subjects the registrar to a certain amount of ICANN scrutiny.

And the identity of the buyer is pretty mysterious.

On paper, the buyer is Epik LLC, a Wyoming corporation that formed about a week before the deal was finalized. Former Epik CEO Rob Monster has had to agree to change the names of operating company Epik Inc and parent Epik Holdings Inc to remove the “Epik” brand.

But the new LLC was created by a company called Registered Agents Inc, and the acquisition deal signed by its president, Jon Spear.

Registered Agents is a company that enables people to set up shell companies pretty much anonymously, and is often used by “[o]ligarchs, criminals and online scammers”, according to the Washington Post.

This is exactly the kind of association Epik does not need right now.

Making the new owners look even worse, an anonymous individual claiming to be a representative of the new Epik introduced himself or herself on the domainers forum Namepros at the weekend in probably the dumbest way imaginable if the company wants to claw back any credibility at all among what was once a core customer base.

The post does contain an apology to those “financially hurt” by Epik’s actions, and a commitment to “make things right for as many people as possible”, but it also contains several sideswipes at Namepros users, many of them victims of Epik’s mismanagement, calling their commentary “worthless”. It looks like the work of a troll.

In short, Epik still has a hell of a tough time ahead of it if it wants to shake off its bad reputation.

But before this article ends, I promised you some stuff about assassination attempts.

The material disclosed in the Adkisson case includes what appears to be a dense, multi-layered, rambling, paranoid conspiracy theory from Rob Monster, which draws in everyone from disgraced shock jock Alex Jones to Domain Name Wire editor Andrew Allemann (who hilariously Monster accuses of writing “hit pieces” about him).

I have to confess to being slightly disappointed that I didn’t get a shout-out.

He accuses people I’m not going to name here as secretly convening in late 2021 to discuss removing Monster from Epik by any means possible, with “lethal options” possibly on the table. He goes on to say:

For the record, I do have reason to believe that there have been attempts on my life including recently. This was the main reason why I stayed in Asia from January 20 through April 4 and maintained a heightened degree of privacy. I am in excellent health and not suicidal.

Monster, who I believe UK defamation law allows me to describe as “a bit of a character”, is known to frequently indulge in conspiracy theories, particularly with regards mass shootings (which feature in the theory outlined in his email to Adkisson’s lawyers).

Comment Tagged: compliance, epik, ICANN, registered agents

Millions of domains to be deleted as Freenom loses its first TLD

Controversial free-domains registry Freenom has lost its deal with the government of Gabon after years of abuse. The government has retaken its ccTLD and will delete as many as seven million .ga domains.

That’s according to the French ccTLD registry, AFNIC (pdf), which says it has been helping migrate the TLD from Freenom to Gabonese government entity ANINF for the last year.

The technical handover will begin today and run until June 7, this coming Wednesday, according to ANINF.

AFNIC said the migration is happening due to “the failure of the company Freenom, which has managed the .ga TLD up until now, to provide the Internet community with a satisfactory service.”

ANINF said it wants to: “Put an end to abusive practices, through the will and support of the Gabonese State, which have had a negative impact on the image of the country and its influence on the Internet.”

Freenom’s business model is to allow people to register domains for free, then bring them in-house and monetize them when they expire or are suspended for abuse such as spam and phishing — something that happens rather a lot.

Security blogger Brian Krebs reported last week that abuse levels originating from ccTLD domains have plummeted since Freenom’s troubles began earlier this year.

ANINF reckons there are currently over seven million domains in .ga, and says most of those will be deleted.

That would make .ga the seventh-largest TLD overall and fourth-largest ccTLD after China, Germany and the UK. But Gabon has a population of just 2.3 million with a relatively low internet penetration of 62%.

Could it be the beginning of the end for Freenom?

Presumably most of the domains Gabon will delete are owned and currently monetized by Freenom, so it will be losing a large parking network when ANINF swings the ban hammer.

There’s also reason to believe .ga will not be the last ccTLD it loses. The tech contact in the IANA record for Mali’s .ml switched from Freenom’s Netherlands-based subsidiary to a Mali government agency back in March, suggesting a takeover is also imminent there.

Then of course there’s the lawsuit by Facebook owner Meta, filed earlier this year, which accuses Freenom of cybersquatting and seeks a ruinous amount in damages.

Freenom has not allowed anyone to register domains in any of its managed TLDs — .ml, .ga, .cf, .gq and .tk — since at least January 1 this year.

I asked Freenom to explain this a few weeks ago and the company declined to comment.

ANINF says the migration this week will cause disruptions, but says it’s been reaching out to registrars with legit registrations to minimize the turbulence for their customers.

Comment Tagged: afnic, aninf, freenom, ga, gabon

Everyone hates Verisign’s new .net deal

The public has commented: Verisign’s .net registry contract should not be renewed in its currently proposed form.

ICANN’s public comment period for the renewal closed yesterday and attracted 57 submissions, most of which either complained about Verisign being allowed to raise its prices or expressed fears about domains being seized by governments.

The proposed contract retains the current pricing structure, in which Verisign is allowed to raise the price of a .net domain by 10% a year. They currently cost $9.92, meaning they could reach $17.57 by the time the contract ends.

The Internet Commerce Association, some of its supporters, Namecheap, the Registrars Stakeholder Group, the Cross-Community Working Party on ICANN and Human Rights (CCWP-HR), and TurnCommerce all oppose the price increases.

The RrSG said the price provisions “are without sufficient justification or an analysis of its potentially substantial impact on the DNS”.

These commenters and others who did not directly oppose the increases, including the At-Large Advisory Committee and consultant Michael Palage, called for ICANN to conduct an economic analysis of the domain name market.

The Business Constituency was the only commenter to openly support the increases, though its comment noted that it is opposed in principle to ICANN capping prices at all.

The Intellectual Property Constituency did not express a view on pricing, but called for greater transparency into the side-deal that sees ICANN get an extra $4 million a year for unspecified security-related work. ICANN has never revealed publicly how this money is spent.

In terms of the number of submissions, the biggest concern people seem to have is that the proposed contract contains language obliging Verisign to take down domains to comply 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”.

This language is already in the .com contract, but before ICANN clarified this on April 26 several concerned registrants had made comments opposing its inclusion.

Notably, the founder of the controversial troll forum kiwifarms.net, which has been kicked out of registrars after being linked to suicides, submitted his own “ICANN should be destroyed” comment.

Several commenters also noted that the definition of “security and stability” in the .net contract differs to the Base Registry Agreement that almost all other registries have signed in such a way that it is feared that Verisign would not have to abide by future ICANN Consensus Policies under certain circumstances.

As several commenters note, the usual protocol following an ICANN public comment period is for ICANN to issue a summary report, pay lip service to having “considered” the input, and then make absolutely no changes at all.

This time, some commenters held out some hope that ICANN’s new, surprisingly sprightly and accommodating leadership may have a different approach.

The comments can be read here.

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

UAE boasts rapid domain growth in 2022

The United Arab Emirates reckons its ccTLD saw growth of 20% last year, crossing a landmark in the first quarter this year.

Local regulator Telecommunications and Digital Government Regulatory Authority (TDRA) said that .ae grew by 46,000 domains in 2022 and broke through the 300,000 mark in Q1 2023.

Not the largest TLD out there, but it compares well against some countries with similar-sized populations, especially taking into account that the large majority of the UAE’s 9.2 million residents are non-citizen immigrant workers.

In the nine-million-souls ballpark, Israel has around 284,000 .il domains, Belarus has about 160,000, but Hungary has about 860,000 and Austria has over 1.5 million.

.ae is an unrestricted ccTLD in a wealthy, business-friendly country, with no local presence requirements.

Comment Tagged: .ae, TDRA

ICANN just put a date on the next new gTLD round

ICANN has just penciled in a date for the next round of new gTLD applications for the first time, but it’s already upsetting some people who think it’s not aggressive enough.

Org has released its draft Implementation Plan for the next round, which would see it launch in May 2026, three years from now.

The date seems to have been set from the top. The plan refers to “the Board’s desire to launch the next round by May 2026”.

The plan sets out the timeline by which community members will work with staff to turn the community’s policy recommendations into the rules and procedures for accepting and processing gTLD applications.

This cross-community Implementation Review Team will write the next Applicant Guidebook — the new gTLD’s program’s Holy Quran.

The plan covers the 98 policy recommendations already approved by the ICANN board of directors, it will be updated when or if the board approves the 38 recommendations currently considered “pending”.

The work would be split into eight “modules”, corresponding to the sections of the AGB, and the IRT would tackle each in turn, meeting mostly via Zoom for a couple hours once a week.

The modules would be split into about 40 topics, each covering a group of related recommendations, and each topic would be discussed for two meetings, with Org-drafted text undergoing first and second “readings” by the IRT.

The first module would take seven months to complete, timed from this month, and each subsequent module would take three to four months after the completion of the preceding module, according to the draft plan.

Above and beyond that timetable, the IRT has certain external dependencies, such as the work being done with governments on the “closed generics” issue, the plan notes.

After the AGB is published, ICANN would need to carry out other work, such as subjecting the AGB to public comment, then marketing the program for four months, before an application window would open.

The timeline has been received negatively by pretty much everyone on the IRT expressing a view on mailing list or Zoom chatter so far, with some asking why the modules have to be tackled sequentially rather than in parallel work tracks.

Some have also pointed out that an IRT lasting over two years risks participant attrition, a frequent problem with ICANN’s interminable policy-making work.

The IRT comprises dozens of volunteers from all sections of the community, though the most-engaged tend to be the lawyers and consultants who stand to make money advising large enterprises on their dot-brand applications.

Comment Tagged: agb, ICANN, irt, new gTLDs, subpro

Three more straggler new gTLDs coming soon

Three more new gTLDs from three different registries are set to launch this (northern hemisphere) summer.

Identity Digital is gearing up to launch .watches in June, while newcomer Digity will launch .case in July and Intercap will launch .box in August, according to ICANN records.

.watches was bought from luxury goods maker Richemont, which hadn’t used it, in 2020. It’s currently in sunrise and will go to general availability June 7.

Digity, which is affiliated with the registrar Sav, bought .case from CentralNic, which in turn bought it from industrial machinery maker CNH Industrial. It was a dot-brand, but will be repurposed as an open generic targeting the legal field.

Intercap is planning to start .box’s sunrise August 9 and go to general availability the following month, September 13. The gTLD was originally bought for $3 million before Intercap acquired it in 2020.

Comment Tagged: .box, .case, .watches, digity, identity digital, intercap, new gTLDs

Three more dot-brands realize the futility of existence

A big bank and a big retailer have ditched their dot-brand gTLDs.

Northwestern Mutual has told ICANN it no longer wishes to operate .mutual and .northwesternmutual, while iconic jewelry store operator Tiffany said it doesn’t want .tiffany any more.

Neither gTLD has been used. The Northwestern registry pages contain a notice, apparently from 2017, about how it expected to publish launch plans “over the coming months”.

Northwestern’s gTLDs are on GoDaddy’s back-end. Tiffany is on Verisign. All three were managed by Fairwinds Partners.

Comment Tagged: .mutual, .northwesternmutual, .tiffany, dot-brands, ICANN, new gTLDs, terminations

woke.com among domains in NamesCon auction

Right Of The Dot has published the list of domains it hopes to help auction off during the forthcoming NamesCon 2023 conference in Texas, and my highlight has to be woke.com.

ROTD said in a press release that the headline lots of the auction, which seems to have 451 listed domains, are:

qd.com, oi.com, gorilla.com, holiday.com, programming.com, successful.com, estates.com, woke.com, fighting.com, dancing.com, cryptopunks.com, gpt.info, whois.io, software.ai, robots.ai, god.eth, nftx.com, shiba.com, we.co.uk, hi.co.uk, house.net, rap.hipHop, electricmotorcycles.com, and blackberries.com.

While woke.com is certainly not the domain with the best monetization/development potential, it catches the eye due to the fantastically divisive nature of the word itself, which is coming to dominate culture-wars political bullshit in the English-speaking world.

While “woke” ideology is arguably simply a modern restatement of the Golden Rule, it can mean very different things to different people — at one extreme it means welcoming the reintroduction of racial segregation and getting people fired for wearing a hat, and at the other it means buying a closet full of AR-15s because drag queens are coming to cut off your son’s penis.

The algorithm at the parking page it currently points to thinks it relates to beds.

It’s going to be fascinating to see who, if anyone, buys it, and what they do with it. It’s listed with a starting bid north of $250,000.

qd.com and estates.com both have starting bids above $1.5 million, while oi.com starts at over $1 million.

The auction runs online at rotd.com and live at NamesCon for the next three weeks.

Comment Tagged: namescon, rotd, woke.com

Domainer asks court to block Epik sell-off

The customer suing Epik and its management over a fumbled $327,000 domain deal has asked a US court to prevent the company from selling off its assets and “absconding”.

Matthew Adkisson has amended his fraud complaint, first filed in March, to demand an injunction:

enjoining Defendants from transferring, liquidating, converting, encumbering, pledging, loaning, selling, concealing, dissipating, disbursing, assigning, withdrawing, granting a lien or security interest or other interest in, or otherwise disposing of Adkisson’s Escrow Funds and any other amounts owed to Adkisson, including but not limited to by transferring, liquidating, converting, encumbering, pledging, loaning, selling, concealing, dissipating, disbursing, assigning, withdrawing, granting a lien or security interest or other interest in, or otherwise disposing of any of Defendants’ assets or companies that Adkisson’s Escrow Funds were used in connection with

The amendment follows tweets from current Epik CEO Brian Royce which strongly suggested the company is in the process of selling off its assets. The complaint quotes former CEO and majority shareholder Rob Monster as confirming a sale was being “finalized”.

“If Royce, Monster, and Epik are allowed to sell Epik or its assets, consumers like Adkisson are highly unlikely to be repaid for the funds that Royce, Monster, and Epik and misappropriated,” the complaint says.

Adkisson attempted to buy the domain nourish.com via Epik and its “escrow” service last year, but after the sale fell through the company did not return his money. He now claims Epik was illegally mingling its escrow funds with its general operations fund.

The amended complaint now includes several citations from TrustPilot — other customers who says they bought domains only to see Epik take their cash and not hand over the domain.

While Epik has admitted that it owes Adkisson money, it has otherwise denied any wrongdoing. After the amendment, Royce withdrew his motion to dismiss the case.

Comment Tagged: epik, fraud, lawsuit, nourish.com

.web delay likely after Verisign rival files ICANN appeal

The .web gTLD appears unlikely to see the light of day any time soon, after the Afilias spin-off that came second to Verisign in the $135 million auction in 2016 kicked off another appeals process.

Altanovo, which is made up of bits of Afilias left over when Identity Digital acquired the company, has asked ICANN to enter a Cooperative Engagement Process, according to ICANN’s records.

The CEP is a form of mediation companies can force ICANN into when they have beef. It’s designed to avoid the relative expense of a full-on Independent Review Process. They usually result in an IRP anyway.

Altanovo made its request the same day ICANN announced that its board of directors had decided to take .web off hold and resume registry contract negotiations with Verisign, following Altanovo’s original, unsuccessful IRP.

Verisign yesterday said the move amounted to an “abuse of process” and “baseless procedural maneuvering”, likely to lead to “delay for delay’s sake”.

IRPs typically last years and cost many hundreds of thousands of dollars in panel fees, not counting each party’s lawyer fees.

Altanovo believes that Verisign broke ICANN’s new gTLD program rules when it bid for .web via a secret intermediary. Verisign has countered that its rival, then Afilias, broke the rules by trying to negotiate a private deal during the auction’s “black out” period.

Comment Tagged: .web, altanovo, cep, ICANN, irp, verisign