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ICANN is blocking 23 gTLD transfers over blockchain fears

ICANN is objecting to the transfer of 23 new gTLDs from UNR to an unknown number of third parties, because it’s scared that the associated non-fungible tokens may break the internet and its own authority over it.

The mystery of how UNR’s auction in April of its entire new gTLD portfolio has so far not resulted in a single ICANN Registry Agreement changing hands appears to have been solved.

It’s because UNR bundled each contract sale with a matching top-level “domain name”, in the form of an NFT, on the Ethereum Name Service, an alt-root based on the Ethereum blockchain, and ICANN is worried about what this means for both the long-term interoperability of the DNS and its own ability to act as the internet’s TLD gatekeeper.

This all emerged in an emergency Request for Reconsideration filed by a company called Dot Hip Hop, which bought .hiphop from UNR earlier in the year.

It turns out .hiphop is the TLD alluded to by Digital Asset Monetary Network, which in October became the first to out itself as a UNR buyer while not naming its gTLD. The purchase was made separately from the April auction, despite .hiphop being “mistakenly” listed as one of the lots.

It also turns out that consultant Jeff Neuman, who’s been a leading figure in the ICANN community since its inception, was behind long-time employer Neustar’s application for .biz, and is a big fan of musical theater, is chief legal officer of and a partner in DHH.

In his reconsideration request, Neuman rages against the fact that it had been over 120 days at time of writing since DHH and UNR had applied to have the .hiphop contract reassigned, but that ICANN is continuing to drag its feet despite DHH long ago passing its due diligence review (which Neuman says cost an excessive $17,000).

DigitalAMN lists DHH as a subsidiary in its recent Securities and Exchange Commission filings. The company is publicly listed but essentially pre-revenue, making its ability to start selling domain names rather quickly rather important.

ICANN has repeatedly delayed approval of the reassignment, provided no visibility into when approval will come, and has repeatedly asked the same questions — largely related to the NFTs — with only slight rewording, Neuman says:

ICANN Org has already communicated to DHH that it has already met all of the criteria required under the Registry Agreement. Yet still, ICANN is withholding consent based on its mere curiosity about the former owner of the .hiphop, TLD (UNR Co), and based on the questions that ICANN keeps re-asking, has presumably conjured up non-issues that: (a) have already been addressed by DHH on multiple occasions over the past 123 days, (b) are beyond the scope of ICANN’s mission, and (c) are philosophical, fictional and frankly do not exist in this matter.

The ENS NFT is a “de minimus” component of the transaction that DHH didn’t even know about until after it had already decided to buy .hiphop, the request states, and ICANN has no authority over the blockchain so the existence of an NFT is not a valid reason to deny the reassignment.

I think I also detect a race card being played here. The RfR spends a bit of time talking about how ICANN’s foot-dragging is making the Org look bad to “traditionally underserved communities where the Hip Hop culture has thrived, globally”.

Apparently referring to DigitalAMN, the RfR states:

In addition to such partner being established at the birthplace of Hip Hop (Bronx New York), by its founder who shares the same birthdate as Hip Hop (August 11th), its mission is to provide financial literacy and economic opportunities for those communities and cultures that are traditionally under-represented, under-funded and under-valued.

DigitalAMN is majority-owned and led by Ajene Watson, who is black. One of company’s stated goals is to connect early stage companies with capital from non-traditional investors (not just the “privileged few”) using non-traditional means.

The RfR goes on to say:

The most dominantly underserved, under-funded and under-valued communities, are also those that embrace and are part of the Hip Hop culture. This Partner has embraced what seemed to be an opportunity to provide domain name registration services to a culture that knows nothing of ICANN, nor the domain name industry. Now, its first impression of the ICANN community is unnecessary delay, a lack of transparency, and bureaucratic indecision—just another gatekeeper to prevent equitable access. In their eyes, they consistently see deadlines that are never met (by ICANN), a lack of information as to why their launch is being held up, and an entity (ICANN) that takes weeks/months to act on anything with no end in sight. In their view, it would appear that ICANN, as an organization, cares nothing about serving the public interest, or about the impact of its actions (or in this case inactions) on the undervalued communities this Partner aims to support.

It should be noted that 22 other unrelated UNR gTLD reassignments are also in limbo, so it’s not like ICANN has a problem in particular with hip-hop music or those who enjoy it.

ICANN, in its response to the RfR, lays all the blame with UNR for, it says, refusing to provide “fulsome and complete” answers to its questions about the NFTs. In a December 10 letter to Neuman, ICANN VP Russ Weinstein wrote:

Significant questions remain, including regarding the role and rights conveyed to the proposed assignees related to the NFTs created on the ENS. For these reasons, ICANN must continue to object to and withhold its consent to all pending Assignments proposed by UNR, including yours.

The RfR was denied by ICANN’s Board Accountability Mechanisms Committee on a technicality. DHH had filed an “emergency” request based on ICANN’s staff inaction, but emergency requests only apply to board action or inaction.

Neuman appears to have known this in advance. It appears DHH just wanted to get something in the public record about the state of play with UNR’s gTLDs.

ICANN seems to have two problems with the NFTs, and they’re both big, existential ones.

First, ENS is essentially an alt-root, and when you have competing roots there’s the risk of TLDs colliding — two or more registries claiming authority for the same TLD — breaking the global interoperability of the internet.

Second, but related, the existence of alt-roots threatens ICANN’s authority.

ICANN has no authority over ENS or the NFT names that live on it, so for a registry to run a TLD in the both the authoritative ICANN root and the alt-root of the ENS could cause problems down the road.

While NFTs can be “owned”, gTLDs are not. UNR is merely the party ICANN has contracted with to run .hiphop. While UNR and any subsequent assignees have a presumptive right of renewal, it’s possible for ICANN to terminate the contract and hand stewardship of the gTLD to another registry. It’s not merely a hypothetical scenario.

Should that ever happen with .hiphop, ICANN wouldn’t have the authority to seize the ENS NFT, meaning the old registry could carry on running .hiphop in the ENS while the new registry runs it in the ICANN root, again breaking global DNS interoperability.

You could spin it either way — either ICANN is worried about interoperability, or it’s worried about protecting its own power. These are not mutually exclusive, and are both probably true.

One thing’s the sure, however — in roadblocking these gTLD transfers, ICANN is playing into the hands of critics and blockchain fanboys who argue for decentralized control of naming, with ICANN as their bogeyman.

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GoDaddy gets another year to negotiate .xxx contract

Kevin Murphy, December 15, 2021, Domain Registries

ICANN and GoDaddy seem to have missed their deadline for long-term renewal of their .xxx registry agreement for a second time.

The contract was extended earlier this week until December 15, 2022, giving the parties another full year to bash out whatever amendments are needed.

The initial deal, signed in 2011, was due to expire March 31, but was extended until today to give more time for renegotiation.

.xxx was the last gTLD approved prior to the 2012 application round, and as such it has a few differences to the standard gTLD contract.

The fee structure is particularly complicated; originally, the registry had to pay ICANN $2 per domain, to stuff ICANN’s war chest for anticipated litigation, but that has been reduced through amendments over the years.

ICANN is always keen to bring older contracts into line with the standard Registry Agreement.

The .xxx contract, like legacy gTLDs before it, will be subject to public comment before approval.

GoDaddy is currently pushing renewals for its AdultBlock trademark-protection services.

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GoDaddy wins .tv contract after Verisign blows off 20-year deal

Kevin Murphy, December 14, 2021, Domain Registries

GoDaddy is taking over the contract to run .tv from Verisign, after Verisign didn’t even bother to bid for renewal.

The deal brings to an end a relationship between Verisign and the tiny Pacific island nation of Tuvalu that has lasted 20 years and contributed millions to the country’s economy.

The country’s communications ministry said on its Facebook page that GoDaddy Registry was selected after a “competitive tender process”, but DI understands that Verisign did not participate.

While terms of the new GoDaddy deal have not been disclosed, it seems likely that Tuvalu was looking for a far bigger slice of the pie than the $5 million a year it was getting from Verisign, and for moneybags Verisign, with its .com cash-printing machine, it simply wasn’t worth the hassle.

Tuvalu has around 11,000 inhabitants and gross national income of around $60 million — its .tv money was a big deal for the country, even at the amount Verisign was paying.

With a likely bigger chunk of change coming from GoDaddy, it’s going to have more to invest in what it calls its “digital nation” strategy, which appears to involve investing heavily in blockchain-based technologies to compensate for the fact that it may well disappear beneath the waves over the next few decades.

.tv is a cornerstone of this strategy, the government says.

There’s thought to be at least half a million registered .tv domains, and the bog-standard non-premiums retail for about $50 a year, so it’s been a nice little earner for Verisign over the last two decades.

The company first took on .tv in 2001 when it acquired startup .tv Corp, which had inked the original deal with Tuvalu in 1998, for $45 million. The contract has been renewed a few times since then.

The ccTLD was the first example of a mainstream TLD offering tiered pricing, with premium strings carrying bigger price tags — controversial 20 years ago, almost standard practice today.

There have been reports over the years that the country thought it was getting short-changed by the deal, and the contract was put up for bidding earlier this year.

Despite reports that the tender seemed suspiciously tailored for a Donuts win, it seems GoDaddy has emerged the victor.

One can only assume it’s offered Tuvalu a bigger slice of the pie, which is what it had to do (under its previous incarnation as Neustar) to keep hold of the contract to run Colombia’s .co last year.

Neither Verisign nor GoDaddy has publicly released a statement about the switch. While it’s a lot of money, it’s not strictly material to either company’s already swollen top lines.

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EURid’s CEO is retiring

Kevin Murphy, December 9, 2021, Domain Registries

EURid’s long-serving CEO is leaving and the company has started looking for someone to fill the role.

A spokesperson for the .eu registry told DI this morning that Marc Van Wesemael is planning to retire after his replacement is found, which should be a matter of months.

Van Wesemael has been CEO (general manager) of the Belgium-based company since its foundation and since it was first awarded the contract to run .eu way back in 2005.

EURid announced without sentiment or fanfare this week that candidates should apply via an agency on this LinkedIn page.

Given the nature of the role as an EU government contractor, the company is looking for somebody familiar with the workings of the European Commission.

Van Wesemael’s departure announcement comes just a few months after EURid was re-awarded the contract to run .eu and its Greek and Cyrillic variants for another five years, giving his successor some breathing room.

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Omicron domain sells for $5,000

Kevin Murphy, December 9, 2021, Domain Sales

The domain name omicronvariant.com, hand-registered less than six months ago, has sold for $5,000 via Sedo, raising all kinds of questions about the value and future of Covid-19 variant-related domains.

The domain, at time of writing, resolves to a Sedo parking page containing ads unrelated (for me) to the pandemic or healthcare.

It was registered in early June, just a day or two after the World Health Organization announced that it would start naming coronavirus variants after letters of the Greek alphabet.

At that time, and to this day, the delta variant is the dominant strain worldwide, and yet deltavariant.com is currently listed for sale for $2,000 at GoDaddy/Uniregistry.

It seems somebody out there is willing to bet that omicron will have the transmissibility speed and longevity to outstrip delta, become dominant, and make dropping $5,000 on the matching .com a wise investment.

Assuming non-nefarious use, I personally struggle to see the end-user value.

It appears that any .com combination of a Greek letter and the word “variant” that had not already been registered by June was quickly snapped up by speculators after WHO revealed its naming scheme.

Some domains, such as alphavariant.com and xivariant.com, were already in use by companies with web sites that predate the pandemic.

The company Nu Variant seems to have dodged a bullet — WHO skipped that letter because it’s a confusing homophone of “new” in some English dialects. It also skipped xi, as it’s a common name that happens to be shared by the premier of China, which was bad luck for the xivariant.com domainer.

All the other letters between delta and omicron have been assigned to variants that fizzled out or have failed to garner much media attention.

At this point, it seems quite possible that WHO will run out of Greek letters in a matter of months, but it reportedly has no current plan for its coronavirus nomenclature after that.

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Hamburg to have second crack at hosting ICANN meeting

Kevin Murphy, December 8, 2021, Domain Policy

The City of Hamburg is to try again to bring in the ICANN crowd, after getting cancelled due to the pandemic last year.

German ccTLD registry DENIC, along with the city and local trade group eco, is taking a run at being selected as the host for ICANN 78, currently penciled in for October 2023, the company said this week.

It had been picked to host ICANN 69 in October 2020, but pandemic travel restrictions scuppered that opportunity.

The last six public ICANN meetings have been online-only, as will next March’s ICANN 73, which had been due to take place in Puerto Rico.

Hamburg’s chances would have to be said to be strong. Three other cancelled host cities — Kuala Lumpur, The Hague and Cancun — have already been confirmed for meetings in 2022 and 2023.

Of course, the ultimate decision-maker is a nucleic acid molecule wearing a spiky protein coat.

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.org back-end deal will come up for re-bid, PIR says as it acquires four new gTLDs

Kevin Murphy, December 8, 2021, Domain Registries

The industry’s most lucrative back-end registry services contract will be rebid, Public Interest Registry said today.

The deal, which sees PIR pay Afilias $18.3 million a year to run .org, according to tax records, will see a request for proposals issued in the back half of 2023, according to PIR.

Given that’s two years away, it’s strange timing for the announcement, which came at the bottom of a press release and blog post announcing that the company is acquiring four new gTLDs, three of which belong to Afilias’ new owner, Donuts.

PIR said Donuts is to transfer control of .charity, .foundation and .gives, which will be “reintroduced” to the market. .foundation currently has about 20,000 registered domains; the other two have a few thousand each.

It’s also acquiring the unlaunched gTLD .giving from a company called Giving Ltd.

All four are on-message for PIR’s not-for-profit portfolio, which also includes the barely-used .ngo and .ong for non-governmental organizations.

Those two gTLDs are getting decoupled, allowing registrants to register one without having to buy the other, PIR also said today.

The last time the PIR back-end contract came up for renewal, in 2015, Afilias was also the incumbent but increased competition — it was up against 20 rivals — meant that its slice of .org revenue was cut in half.

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ICANN budget: staff bloat making a comeback

Kevin Murphy, December 8, 2021, Domain Policy

ICANN plans to ramp up its headcount starting next year to support the development of the new gTLD program.

Newly published budgeting documents show that average headcount is expected to rise to 406 for the year ending June 30, 2022, from 395 at the end of this June, with an even steeper increase to 448 a year later.

That’s after several years in which staffing levels have been fairly stable, even sometimes declining a little.

The main culprit is the Operational Design Phase for the next new gTLD round(s), which is expected to kick off soon.

ICANN expects to hire or assign nine people to manage the ODP before the end of June 2022, ramping that up to an average of 22 over the following year. The amount of non-ODP operational staff is expected to rise by 28 over the same period.

ICANN currently advertises 31 open positions on its web site, having added eight listings just this week.

This chart shows the expected growth:

ICANN headcount chart

At the time of the last new gTLD application round, in 2012, ICANN had 152 staffers, nine of whom were assigned to new gTLD project — and that was after the programs rules had already been developed, implemented and the application window opened and closed.

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ICANN budget: no more new gTLDs before 2028

Kevin Murphy, December 8, 2021, Domain Policy

ICANN is not accounting for any revenue from a future round of new gTLDs in its just-published budget, which plots out the Org’s finances all the way through 2028.

The budget, which I gave a high-level summary of here, even predicts that dozens of 2012-round new gTLDs will disappear over the next six years.

The Org is predicting that there will be 1,091 gTLDs on the internet by the end of its fiscal 2027 (that is, June 30, 2028) down by 58 or 5% from July 2022.

Given that it’s only expecting to lose four gTLDs in FY23, this projection implies a speeding up of the rate at which gTLDs start cancelling their contracts or going out of business in the later part of the five-year budget.

The forecast comes with a big asterisk, however. A footnote reads:

These scenarios do not assume any further TLD delegations arising from the resumption of the New gTLD Program. While there is ongoing work and an intent to launch a subsequent round, the timing of its release remains unclear and potential impact(s) on funding indeterminate. Given this, ICANN org has deemed it prudent not to assume any prospective impacts from a subsequent round across the described scenarios.

In other words, ICANN is not yet ready to commit to a runway for the next application round, subsequent delegations and eventual revenue.

As I reported Monday, the next round is unlikely to be approved until the fourth quarter of next year at the earliest, and my view is that 2024 is the soonest the next application window could open.

I don’t think we can read too much into the fact that ICANN isn’t budgeting for any next-round impact on funding until after 2027.

If you’re pessimistic, you could infer that ICANN believes it’s at least a possibility that the next round could take that long, or not be approved at all, but the safer bet is probably that it merely lacks visibility and is acting in its usual risk-averse manner.

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ICANN budget: mild optimism amid maturing industry

Kevin Murphy, December 8, 2021, Domain Policy

ICANN thinks the domain industry, including the new gTLD industry, is maturing and will continue to grow, in its just-published draft budget for fiscal 2023.

The Org is predicting growing transactions across the board, as well as an increase in the number of accredited registrars and a slowing decline in the number of contracted gTLDs.

ICANN is expecting funding of $152 million for FY23, which includes the $4 million bung it negotiated with Verisign as part of the deal to allow the company to raise .com prices.

That’s up from the $149.1 million is expects to receive in the current fiscal year.

As usual, the bulk of the funding comes from gTLD transaction fees — the taxes registrants pay through their registrars and registries whenever they register, renew or transfer a domain name.

Legacy gTLD transaction fees are expected to amount to $93.1 million, up 3% on a forecast of $90.1 million in the current year, while new gTLD transaction fees are expected to rise modestly from $9.5 million to $9.9 million, a 4% increase.

Transactions in legacy gTLDs are expected to be 201.2 million, versus 193.6 million in the current year.

New, post-2012 gTLDs are expected to process 25.8 million transactions, up from 24.8 million, of which 21.1 million will be billable, up from 20.3 million. New gTLDs only pay transaction fees after 50,000 domains under management.

ICANN is expecting to lose four registries in FY23 — this almost always means dot-brands that cancel their contracts — with the total declining from a June 2022 total of 1,149 to 1,145 a year later. This will have a modest impact on fixed registry fees.

But the Org is once again expecting to see an increase in the number of registrars paying fixed accreditation fees, up by 28 to 2,447 at the end of FY23.

Accompanying the budget, ICANN has published some industry trend analysis (pdf) outlining some of the assumptions behind the budget forecasts.

Basically, the document describes what regular readers already know — many domain companies benefited from pandemic-related lockdowns driving small businesses online, but overall industry volumes were driven down by low-cost new gTLDs experiencing huge junk drops.

For ICANN’s purposes, factors such as customer quality and pricing are irrelevant. A spammer registering 1,000 domains in bulk pays ICANN the same amount in fees as 1,000 small businesses building their first web sites.

The document reads:

Taken as a whole, DUMs failed to expand in the past twelve months ending in mid-2021. While this decline is at least partly attributable to lower promotional activity among some of the largest new gTLDs which could be reinitiated in the future, it nonetheless points to an industry that has shifted from a period of rapid expansion to one that is now witnessing steady maturation.

The draft ICANN budget covers the 12 months beginning July 1, 2023, and is now open for public comment before possible revisions and final approval.

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