.africa could go live after court refuses injunction

DotConnectAfrica’s attempt to have ICANN legally blocked from delegating the .africa gTLD to rival applicant ZACR has been denied.
The ruling by a Los Angeles court, following a December 22 hearing, means ICANN could put .africa in the root, under ZACR’s control, even before the case comes to trial.
A court document (pdf) states:

The plaintiff is seeking to enjoin defendant Internet Corporation for Assigned Names and Numbers (ICANN) from issuing the .Africa generic top level domain (gTLD) until this case has been resolved…
The plaintiff’s motion for the imposition of a Preliminary Injunction is denied, based on the reasoning expressed in the oral and written arguments of defense counsel.

ICANN was just days away from delegating .africa last April when it was hit by a shock preliminary injunction by a California judge who later admitted he hadn’t fully understood the case.
My understanding is that the latest ruling means ICANN may no longer be subject to that injunction, but ICANN was off for the Christmas holidays last week and unable to comment.
“Sanity prevails and dotAfrica is now one (big) step closer to becoming a reality!” ZACR executive director Neil Dundas wrote on Facebook. He declined to comment further.
Even if ICANN no longer has its hands tied legally, it may decide to wait until the trial is over before delegating .africa anyway.
But its lawyers had argued that there was no need for an injunction, saying that .africa could be re-delegated to DCA should ICANN lose at trial.
DCA case centers on its claims that ICANN treated it unfairly, breaking the terms of the Applicant Guidebook, by awarding .africa to ZACR.
ZACR has support from African governments, as required by the Guidebook, whereas DCA does not.
But DCA argues that a long-since revoked support letter from the African Union should still count, based on the well-known principle of jurisprudence the playground “no take-backs”.
The parties are due to return to court January 23 to agree upon dates for the trial.

URS comes to .mobi as ICANN offers Afilias lower fees

Afilias’ .mobi is to become the latest of the pre-2012 gTLDs to agree to adopt the Uniform Rapid Suspension policy in exchange for lower ICANN fees.
Its Registry Agreement is up for renewal, and Afilias and ICANN have come to similar terms to .jobs, .travel, .cat, .pro and .xxx.
Afilias has agreed to take on many of the provisions of the standard new gTLD RA that originally did not apply to gTLDs approved in the 2000 and 2003 rounds, including the URS.
In exchange, its fixed registry fees will go down from $50,000 a year to $25,000 a year and the original price-linked variable fee of $0.15 to $0.75 per transaction will be replaced with the industry standard $0.25.
It’s peanuts really, given that .mobi still has about 690,000 domains, but Afilias is getting other concessions too.
Notably, the ludicrous mirage that .mobi was a “Sponsored” gTLD serving a specific restricted community (users of mobile telephones, really) rather than an obvious gaming of the 2003-round application rules, looks like it’s set to evaporate.
Appendix S to the current RA is not being carried over, ICANN said, so .mobi will not become a “Community” gTLD, with all the attendant restrictions that would have entailed.
Instead, Afilias has simply agreed to the absolute basic set of Public Interest Commitments that apply to all 2012 new gTLDs. Text that would have committed the registry to abide by the promises made in its gTLD application have been removed.
But the change likely to get the most hackles up is the inclusion of URS in the proposed new contract.
URS is an anti-cybserquatting measure that enables trademark owners to shut down infringing domains, without taking ownership, more quickly and cheaply than the UDRP.
It’s obligatory for all 2012-round gTLDs, and five of the pre-2012 registries have also agreed to adopt it during their contract renewal talks with ICANN.
Most recently, ICM Registry agreed to URS in exchange for much deeper cuts in its ICANN fees in .xxx.
In recent days, ICANN published its report into the public comments on the .xxx renewal, summarizing some predictably irate feedback.
Domainer group the Internet Commerce Association, which is concerned that URS will one day be forced upon .com and .net, had a .xxx comment that seems particularly pertinent to the .mobi news:

Given the history of flimsy and self-serving justifications by [Global Domains Division] staff and the ICANN Board for similar actions taken in 2015, we are under no illusion that this comment letter will likely be successful in effecting removal of the URS and other new gTLD RA provisions from the revised .XXX RA. Nonetheless, we strenuously object to this GDD action that intrudes upon and debases ICANN’s legitimate policymaking process, and urge the GDD and Board to reconsider their positions, and to ensure that GDD staff ceases and desists from taking similar action in the context of future RA renewals and revisions until the RPM Review WG renders the community’s judgment as to whether the URS and other new gTLD RPMs should become Consensus Policy and such recommendation is reviewed by GNSO Council and the ICANN Board.

The Intellectual Property Constituency of the GNSO, conversely, broadly welcomed the addition of more rights protection mechanisms to .xxx.
The Non-Commercial Stakeholder Group, meanwhile, expressed concern that whenever ICANN negotiates a non-consensus policy into a contract it negates and discourages all the work done by the volunteer community.
You can read the summary of the .xxx comments, along with ICANN staff’s reasons for ignoring them, here (pdf).
The .mobi proposed amendments are also now open for public comment.
Any lawyers wishing to rack up a few billable hours railing against a fait accompli can do so here.

Registrars off the hook for silly ICANN transfer policy

Domain name registrars have been assured that ICANN Compliance will not pursue them for failing to implement the new Transfer Policy on privacy-protected names.
As we reported late November, the new policy requires registrars to send out “change of registrant” confirmation emails whenever certain fields in the Whois are changed, regardless of whether the registrant has actually changed.
The GNSO Council pointed out to ICANN a number of unforeseen flaws in the policy, saying that vulnerable registrants privacy could be at risk in certain edge cases.
They also pointed out that the confirmation emails could be triggered, with not action by the registrant, when privacy services automatically cycle proxy email addresses in the Whois.
This appears to have already happened with at least one registrar that wasn’t paying attention.
But ICANN chair Steve Crocker told the GNSO Council chair last week that ICANN staff have been instructed to ignore violations of the new policy, which came into effect December 1, in cases involving privacy-protected domains (pdf).
It’s a temporary measure until the ICANN board decides whether or not to defer the issue to the GNSO working group currently looking at policies specifically for privacy and proxy services.

Mitsubishi pulls plug on dot-brand gTLD

Japanese conglomerate Mitsubishi has told ICANN it no longer wishes to operate one of its dot-brand gTLDs.
The company has filed a termination notice covering its .mtpc domain, which stands for Mitsubishi Tanabe Pharma Corporation.
The gTLD was delegated in February 2015, but Mitsubishi has never put it to use.
Registry reports show only two names ever appeared in the .mtpc space.
It’s the 19th gTLD from the 2012 round to voluntarily self-terminate — or to allow ICANN to terminate it — after signing a Registry Agreement.
All terminated gTLDs so far have been dot-brands.
Mitsubishi also owns .mitsubishi. That dot-brand appeared earlier this year but also has not yet been put to use.

Pheenix adds 300 more registrars to drop-catch arsenal

The domain drop-catching arms race is heating up, with budget player Pheenix this week acquiring 300 more registrar accreditations from ICANN.
According to DI records, the company now has almost 500 registrar accreditations in its family.
More accreditations means more registry connections with which to attempt to acquire expired domains as they return to the available pool.
It also means that Pheenix’s dropnet (a word I just made up that sounds a bit like “botnet” in a pathetic attempt to coin a term for once in my career) is now a bit bigger than that of Web.com, the registrar pool behind Namejet and SnapNames.
It’s still a long way behind TurnCommerce, owner of DropCatch, which two weeks ago added a whopping 500 new accreditations, bringing its total to over 1,250.
An extra 300 accreditations would have cost Pheenix over $1 million in up-front ICANN fees and will incur ongoing fixed annual fees in excess of $1.2 million.

After Zika threat passes, ICANN confirms return to Puerto Rico

ICANN will hold its first public meeting of 2018 in San Juan, Puerto Rico, which was originally supposed to the venue for this October’s meeting.
ICANN moved ICANN 57 from San Juan to Hyderabad, India in May, at the height of the scare about the Zika virus.
Zika is spread by mosquitoes and sex and can cause horrible birth defects. An epidemic, beginning in 2015, saw thousands affected in the Americas and South-East Asia.
Puerto Rico was one of the affected regions. At the time of the ICANN postponement, numerous government travel warnings were in effect.
The World Health Organization announced last month that the epidemic is over.
It was always understood that Puerto Rico had been merely postponed rather than permanently canceled, and ICANN’s board of directors this week resolved to hold the March 2018 meeting — ICANN 61 — there.

Survey says most Whois records “accurate”

Ninety-seven percent of Whois records contain working email addresses and/or phone numbers, according to the results of an ongoing ICANN survey.
The organization yesterday published the second of its now-biannual WHOIS Accuracy Reporting System reports, a weighty document stuffed with facts and figures about the reliability of Whois records.
It found, not for the first time, that the vast majority of Whois records are not overtly fake.
Email addresses and phone numbers found there almost always work, the survey found, and postal addresses for the most part appear to be real postal addresses.
The survey used a sample of 12,000 domains over 664 gTLDs. It tested for two types of accuracy: “syntactical” and “operability”.
Syntactical testing just checks, for example, whether the email address has an @ symbol in it and whether phone numbers have the correct number of digits.
Operability testing goes further, actually phoning and emailing the Whois contacts to see if the calls connect and emails don’t bounce back.
For postal addresses, the survey uses third-party software to see whether the address actually exists. No letters are sent.
The latest survey found that 97% of Whois records contain at least one working phone number or email address, “which implies that nearly all records contain information that can be used to establish immediate contact.”
If you’re being more strict about how accurate you want your records, the number plummets dramatically.
Only 65% of records had operable phone, email and postal contact info in each of the registrant, administrative and technical contact fields.
Regionally, fully accurate Whois was up to 77% in North America but as low as 49.5% in Africa.
So it’s not great news if Whois accuracy is your bugbear.
Also, the survey does not purport to verify that the owners of the contact information are in fact the true registrants, only that the information is not missing, fake or terminally out-of-date.
A Whois record containing somebody else’s address and phone number and a throwaway webmail address would be considered “accurate” for the survey’s purposes.
The 54-page survey can be found over here.

ICANN picks Madrid for next gTLD industry meeting

ICANN’s Global Domains Division has invited the domain industry to Madrid for next year’s GDD Industry Summit.
The meeting will be held at the drably named NH Collection Madrid Eurobuilding hotel from May 8 to 11 2017.
The timing may be fortuitous for intercontinental travelers — it ends just a couple of days before the Domaining Europe event starts in Berlin, which is just a short flight away.
ICANN summits are intersessional meetings dedicated to particular constituencies within the ICANN community. The GDD Industry Summit caters to registries, registrars and others in the business of selling gTLD domains.
They’re less formal that ICANN’s regular public meetings, designed to enable engagement between participants and between participants and ICANN staff.
The 2016 meeting was held in Amsterdam this June, attracting about 400 attendees.
ICANN’s formal public meetings next year are slated for Copenhagen (March), Johannesburg (June) and Abu Dhabi (October).

ICANN 57 brings in thousands of noobs

ICANN 57 set new records in terms of attendance, with a large majority of participants total newbies who’d never been to an ICANN meeting before.
The meeting, held in Hyderabad, India last month, had 3,182 attendees, and first-timers outnumbered veterans over two-to-one.
The previous record was 3,115 total participants, set at ICANN 50 in London two years ago.
Over two thirds of participants — 2,180 people or 68% of the total — were noobs, according to ICANN statistics released last night (pdf).
That compares to 344 newcomers at the abbreviated June meeting in Helsinki.
The massive turnout in November appears to be due to huge local interest.
Over 72% of attendees — 2,306 people — were from the Asia-Pacific region. ICANN does not break down attendance by nationality, but I suspect the large majority will have been Indian.
Only 200 people from Asia-Pac showed up in Helsinki.
Of the Asia-Pacific participants in Hyderabad, 2,056 were first-time attendees.
For context, there were hundreds more first-time Asia-Pac participants in Hyderabad than there were total attendees at the Helsinki meeting, when 1,436 people showed up.
There were also slightly more Asia-Pac attendees at ICANN 57 than total attendees at ICANN 55 in Marrakech this March.
The significant local interest appears to have tilted the gender balance in favor of men, who represented 74% of the total. Women were 20%. The remainder did not disclose their sex.
That compares to 61% and 32% in Helsinki.
UPDATE: This story was updated with better gender mix data a few hours after publication.

DropCatch spends millions to buy FIVE HUNDRED more registrars

Domain drop-catching service DropCatch.com has added five hundred new registrar accreditations to its stable over the last few days.
The additions give the company a total accreditation count of at least 1,252, according to DI data.
That means about 43% of all ICANN-accredited registrars are now controlled by just one company.
DropCatch is owned by TurnCommerce, which is also parent of registrar NameBright and premium sales site HugeDomains.
Because gTLD registries rate-limit attempts to register names, drop-catchers such as DropCatch find a good way to increase their chances of registering expiring names is to own as many registrars as possible.
DropCatch is in an arms race here with Web.com, owner of SnapNames and half-owner of NameJet, which has about 500 registrars.
The new accreditations would have cost DropCatch $1.75 million in ICANN application fees alone. They will add $2 million a year to its running costs in terms of extra fixed fees.
That’s not counting the cost of creating 500 brand new LLC companies — named in the new batch DropCatch.com [number] LLC where the number ranges from 1046 to 1545 — each of which is there purely for the purpose of owning the accreditation.
In total, the company is now paying ICANN fixed annual fees in excess of $5 million, not counting its variable fees and per-transaction fees.
Because the ICANN variable fee is split evenly between all registrars (with some exceptions I don’t think apply to DropCatch), I believe the addition of 500 new registrars means all the other registrars will be paying less in variable fees.
There’s clearly money to be made in expiring names.