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.info and .biz contracts extended after expiring

Kevin Murphy, January 9, 2013, Domain Registries

Afilias and Neustar have had their key gTLD registry contracts temporarily extended after they expired on New Year’s Eve.
The .info and .biz agreements, which were both signed with ICANN in 2006, both ended on December 31 2012.
Both deals, of course, have a presumption of renewal. They’ve been extended for six months while renewal terms are finalized.
I understand that the delay in getting new contracts negotiated and approved is due largely to all the other stuff going on at ICANN right now.
(New gTLD applicants planning to negotiate a non-standard contract with ICANN, take note.)
According to ICANN, drafts of the the next versions of the .info and .biz contracts will be posted for public comment this month.
I’d expect to see some of the same minor technical and legal changes made as those that were made to Verisign’s .net contract, which was renegotiated in 2011.
It’s going to be interesting to see whether .info and .biz will keep the same rights to increase registry fees, in light of the US Department of Commerce’s move to freeze .com prices.
However, .com is a special case and Commerce does not have a built-in right to examine .biz and .info contracts.

Registrars sought as Pool.com shuts down drop-catching business

Kevin Murphy, January 7, 2013, Domain Registrars

ICANN is looking for new homes for approximately 67,000 domain names, after a decision by Momentous to dump 85 of its domain name registrar accreditations.
The accreditations were used primarily for drop-catching, according to an email sent to registrars last Friday, and each has between 200 and 3,000 gTLD domains under management.
While most affected domains are recently caught drops, there may be some regular registrants scattered throughout the customer base, according to ICANN.
Momentous, owner of Pool.com, announced that it was getting rid of its drop-catching registrars in an email to customers late last year, as several domainer blogs reported at the time.
Pool plans to “refocus its business away from an emphasis on the secondary market”, the email said.
The company wanted to consolidate all of the domains in its NameScout registrar with the transfer fees waived, but ICANN declined its request, according to the email.
Some customers are not happy with how Pool has handled the situation.
The domainer “Acro” is currently pursuing a complaint with the Better Business Bureau in Momentous’ native Canada, according to a recent blog post.
The 85 accreditations are due to expire January 10. Registrars wishing to take over the portfolios had a deadline of this afternoon to express an interest with ICANN.

FTC chief says most new gTLD bids are “defensive”

Kevin Murphy, January 3, 2013, Domain Policy

The US Federal Trade Commission is still “looking at” ICANN’s new gTLD program amid concerns that most of the applicants applied defensively, it has emerged.
FTC chairman Jon Leibowitz also said today that he thinks new gTLDs will cause consumer confusion and lead to an increase in fraud.
“We have been very, very concerned about ICANN and their dramatic expansion of the domain names, which we think will cause consumer confusion and even worse lead to more areas where malefactors can hide from the law while defrauding consumers,” Leibowitz said.
“A lot of companies that have plunked down $185,000 per domain name — and there have been hundreds of companies that have done it — have mostly done it for defensive purposes,” he added.
Most new gTLDs are not dot-brands, so Leibowitz probably misspoke when he said that “most” applications are defensive. Within the subset of bids that are dot-brands, he may be on firmer ground.
His comments came during a press conference to discuss the FTC’s settlement of its competition probe of Google, which has itself applied for almost 100 new gTLDs.
The settlement agreement relates to Google’s search practices and not its gTLD applications.
Leibowitz said that the FTC is “not looking that issue [new gTLDs] with respect to Google, we’re looking at that issue with respect to ICANN”.
The FTC’s concerns about the program are not new, but it has not publicly expressed them recently.
In December 2011 the agency said the program could “magnify both the abuse of the domain name system and the corresponding challenges we encounter in tracking down Internet fraudsters.”

Three ICANN staffers laid off in Aussie closure, other offices safe

Kevin Murphy, January 2, 2013, Gossip

ICANN has officially confirmed the closure of its Sydney, Australia office, but it appears that jobs at other satellite offices are safe.
All three Aussie employees were “let go” as a result of the Sydney decision, according to ICANN.
“ICANN is in the process of assessing how to effectively grow ICANN resources around the globe,” a spokesperson said. “This is an on-going process that will require consultation with the Board.”
The six staffers located in Palo Alto, California — the office set up largely to cater to the needs of former CEO Rod Beckstrom — are also set to move to a smaller office to save money.
The Washington DC office will also move, apparently to a location close to the White House, the spokesperson said.

The 100% Porn-Free Top 10 DI Stories You Should Have Been Reading In 2012.

Kevin Murphy, January 2, 2013, Gossip

Happy New Year everyone.
It’s time for the now-traditional round-up of the last year’s biggest DI stories, but this year it’s going to be a little different.
Having perused the traffic logs for the last 12 months, it’s pretty clear that the Top 10 stories for 2012 would be about 90% porn-related.
The list is all “YouPorn this” and “.xxx that”, with dishonorable mentions for stories about “Hot Czech girls” and photos of Go Daddy girls’ bottoms.
It’s sad, but perhaps inevitable, that sex-related stories seem to appeal to a wider readership than the more chaste variety. Residual search traffic also seems to linger for longer with these pieces.
Traffic logs are a rubbish way to gauge the importance of a story.
So I’ve ignored all that guff in this year’s rundown. With apologies to Manwin and ICM Registry, here’s the hand-picked 100% Porn-Free Top 10* DI Stories You Should Have Been Reading In 2012.
(* More than 10)
The New gTLD Program Splutters Into Life
Our Word Of The Year for 2012 is “glitch”.
With hindsight, ICANN chairman Steve Crocker is probably regretting saying in a New Year email to colleagues, “I am confident the program is well constructed and will run smoothly.”
And with hindsight, I’m regretting not being more skeptical in my January 3 article, ICANN chair says new gTLD program “will run smoothly”.
A week later, ICANN started to accept new gTLD applications (ICANN opens new gTLD program) and the TLD Application System at first did appear to run more or less smoothly, but it didn’t last long.
By early February the first “glitches” were emerging (New gTLD applications briefly vanish after glitch) and by April the TAS had completely imploded.
As the application window was just about to close April 30, ICANN shut down TAS, saying that a “technical glitch” had led to “unusual behavior” (ICANN extends new gTLD application window after technical glitch)
It turned out that a bug in ICANN’s custom-made TAS software had allowed some applicants to see other applicants’ applications (It’s worse than you thought: TAS security bug leaked new gTLD applicant data)
Over 100 applicants were affected (TAS bug hit over 100 new gTLD applicants) but the damage appears so far to have been limited to ICANN’s reputation and the cost to applicants of over a month’s delay (TAS reopens after humiliating 40 days) while the bug was being fixed.
Wow. How Many Applications?
By the time Reveal Day rolled around in June, tensions were high.
Moderating a panel discussion during the live London event (Big Reveal confirmed for London), I got my hands on a print-out of the list of gTLD applications half an hour before it was released publicly.
In hard copy, it was thick enough to choke a horse.
There were 1,930 applications in total (It’s Reveal Day and there are 1,930 new gTLD bids), largely made up of English keywords and Western dot-brands, with not as much representation from the developing world or non-Latin scripts as ICANN had hoped.
While we’d long expected big portfolio bids from the likes of Donuts (Donuts applies for 307 (yes, 307) gTLDs), Uniregistry (Schilling applies for “scores” of new gTLDs) and TLDH, Amazon and Google were the surprise big applicants, facing off on several prime keywords.
When it became clear that both companies were planning to keep huge swathes of real estate private, using the dot-brand model with dictionary words (Most new gTLDs could be closed shops), a controversy was set in motion that has not yet been resolved (Industry objection forming to Google and Amazon’s keyword gTLD land grab).
Digital Archery misses the target
By far the year’s weirdest rolling story was the creation, deployment, failure and death of Digital Archery, ICANN’s whacky way of splitting new gTLD applications into evaluation batches.
Applicants would have to take their chances with network latency, clicking a button on a web page and hoping ICANN’s servers received the ping as close to a target time as possible, as we revealed in March (Here’s how new gTLD batching will work).
The system was branded “Digital Archery” (ICANN approves “digital archery” gTLD batching). It later transpired that the ICANN board was warned that it looked absurd (Digital archery looked “silly” but had “minor risks”, ICANN board was told).
Several companies quickly seized on the opportunity to make a bit of cash from the process, leveraging years of drop-catching experience (Pool.com offers $25k gTLD digital archery service).
But opposition to the system quickly grew, with several companies openly wondering whether Digital Archery was any better than the illegal lottery it was supposed to replace.
(See Revolt brewing over digital archery and ARI: digital archery is a lottery and we can prove it, Is this why digital archery is borked?
Despite beginning Digital Archery, by June the process had been suspended (Digital archery suspended, surely doomed) and finally killed off (Digital archery is dead, but uncertainties remain).
Roll up! Roll up!
Archery was replaced by a lottery, in one of the most surprising about-faces of the year.
Apparently prize draws were not illegal under Californian law after all, clearing the way for a widely lauded chance-based solution to the prioritization problem (New gTLD winners will be decided by lottery after all).
And what do you know… it worked. At least, nobody has yet publicly complained about the New gTLD Prioritization Draw, which took place in LA a couple of weeks ago. (Amazon, Uniregistry, Verisign… here’s who won the new gTLDs lottery)
Conflicts Over Conflicts Of Interest
The repercussions of Peter Dengate Thrush’s 2011 move from ICANN’s chair to a top job at Top Level Domain Holdings continued in 2012, with paranoia over conflicts of interest rife.
This was the year in which ICANN made serious efforts to avoid even the perception of conflicts of interest on its board of directors (Seven ICANN directors have new gTLD conflicts) by starting up a New gTLD Program Committee stacked with non-conflicted individuals.
Despite this move, other questions were raised over the course of the year about the relationship between directors on the committee and new gTLD applicants (Another conflicted ICANN director? and Ombudsman asks DCA to simmer down after .africa conflict of interest complaint).
CEO Rod Beckstrom even used his penultimate ICANN meeting keynote to take a pop at his fellow directors (Beckstrom slams his own board over conflicts) over the poorly perceived ethics environment.
But it didn’t take long before many community members started to question the value of excluding industry expertise from the new gTLD committee, a view given weight by the fact that one of the committee’s first decisions was approving Digital Archery.
To the disappointment of many, even recently promoted new gTLD program overseer Kurt Pritz fell victim to the paranoia over clashes, tendering his resignation in November after fessing up to a personal conflict of interest (Pritz’s conflict of interest was with ARI).
To cap it all, concern about conflicts led to one GNSO Council member accidentally torpedoing his own client’s interests (albeit temporarily) when he abstained from a November vote. (GNSO gives thumbs down to Olympic trademark protections in shock vote).
The Death of the GNSO
Worries about the decreasing relevance of the Generic Names Supporting Organization were aired a few times in 2012, pretty much every time the brand protection side of the house locked horns with non-commercial interests.
At the Costa Rica meeting in March, all of the unnecessary but politically valuable work that the GNSO had put into giving the Red Cross and International Olympic Committee special brand protection seemed to come to naught due to Non-Commercial User Constituency shenanigans (Olympic showdown spells doom for ICANN, film at 11).
While the storm was very much of the teacup variety (The Olympics and the death of the GNSO, part deux), more recent apparent attempts by ICANN executives and the GAC to do end-runs around the GNSO have started to raise many of the same concerns.
Too sluggish to react to the industry? Too complicated to function? Interests too entrenched for compromise? The “death of the GNSO” is a meme that is stronger than ever as we head into 2013.
Change at the top
In June, the industry mourned the departure of Bob Recstrum, Twitter’s premier ICANN spoof account.
In related news, Rod Beckstrom grew a beard and fucked off on his yacht or something, two million dollars the richer, leaving ICANN with interregnum leadership awaiting his successor.
After spending six months filtering through 100 applicants (ICANN gets 100 applicants for CEO job) for the lucrative if stressful position, ICANN’s board settled on the industry outsider Fadi Chehade, whose special skill is consensus building.
Chehade impressed on his first day by cleverly hiring two of the unsuccessful CEO candidates as special advisers, as he explained in an interview with DI (Fadi Chehade starts at ICANN today, immediately shakes up senior management)
As well as wowing the ICANN community by saying all the right things in his inaugural keynote, he has also since managed to successfully win over critics of ICANN in national governments and the International Telecommunications Union (Unsnubbed? ICANN brass get tickets to ITU curtain-raiser), demonstrating his chops when it comes to big picture stuff.
But the recent outcry over two secretive meetings relating to the Trademark Clearinghouse — along with more delays to the new gTLD program — suggests that the honeymoon period for Chehade is probably already over.
Verisign gets whacked by Commerce
The US government dealt a serious blow to Verisign at the back end of the year, capping its .com registry fee at current rates — barring highly improbably eventualities — for the next six years (Verisign loses right to increase .com prices).
While ICANN took a reputational hit — having approved a .com contract (ICANN gives Verisign’s .com contract the nod_ with 7% annual price increases — it got to keep the extra fees Verisign will pay it (ICANN to get $8 million more from new .com deal).
And the rest…
ICANN staffer linked to hacked intelligence firm — ICANN’s Eastern European VP Veni Markowski was fingered as an informant for an American intelligence firm, which described him as a “billionaire oligarch” with ties to organized crime, by the Bulgarian media. The reality, in my view, was rather less exciting.
Refunds uncertain as .nxt says sorry for cancellation — Many members of the industry were left fuming when the .nxt conference on new gTLDs, scheduled for London last summer, was cancelled twice and the organizers had trouble refunding registration fees.
Company claims ownership of 482 new gTLDs — ICANN’s past returned to haunt it in the second half of the year, as two new gTLD applicants from the 2000 round emerged to sue the organization for not returning its calls for the last 12 years.
O.co loses 61% of its traffic to O.com — Overstock’s ambitious rebranding around a .co domain failed to pay off. This story is a particular favorite citation of .com domain investor Rick Schwartz.
.radio gTLD applicant joins the GAC — The European Broadcasting Union applied for .radio, competing against three other applicants, then joined the Governmental Advisory Committee to give it special lobbying access to the GAC and its special gTLD objection powers (GAC gets more power to block controversial gTLDs). Conflict of interest?
“Whistleblower” accuses Nominet of trying to dodge freedom of information law — In what has to be the biggest case of disgruntled former employee in years, Nominet’s former policy chief spilled the beans about the company’s alleged plot to sell out .uk to the UK government in order to keep it out of the hands of domainers.
Newbie domain registrant discovers Whois, has Twitter meltdown — I deleted the quoted tweets after receiving a handful of insane emails from the newbie in question, so you’ll have to use your imagination.
ICANN’s secret “penthouse-level” domain program — Because April Fools Day stories are always fun to write.
NTIA throws a bomb, cancels IANA contract RFP — The US government’s other big surprise of the year was making ICANN kneel and beg for the renewal of its critical IANA contract. This story, incidentally, was the most-trafficked of 2012.
Apart from all the porn, that is.

ICANN shutters Australian office, cans staff

Kevin Murphy, January 1, 2013, Gossip

ICANN has closed its office in Australia, according to a few (so far officially unconfirmed) reports we’ve received today.
Multiple sources also tell DI that all ICANN staff working at the Sydney office were let go over the Christmas period.
Sydney is/was a relatively small branch, with only a handful of staff based there, including some in legal and compliance departments.
According to ICANN’s last budget, its lease on the office was due to expire in February. Rent was pegged at $155,000 (US).
I believe the closure may be due to a rationalization of ICANN’s facilities costs under the new executive team.
The Sydney office was set up while Paul Twomey was ICANN’s CEO and spent a lot of his time in his native Australia.
I’ve not heard anything yet about whether the same fate has befallen the Palo Alto, California office, which was opened during Rod Beckstrom’s tenure as CEO for similar reasons.
ICANN is headquartered in Los Angeles, having recently relocated from neighboring suburb Marina Del Rey.
It also has a European office in Brussels, which last year moved from temporary facilities to a more permanent set-up.

.cat wants to ditch registrar ban

Kevin Murphy, December 27, 2012, Domain Registries

PuntCAT, the .cat registry, has become the first gTLD operator to apply to ICANN for the right to dump the registrar ownership ban in its contract.
If the request is approved by ICANN, the company will be able to own an ICANN-accredited registrar and start selling .cat domain names more or less directly to registrants.
The company has proposed several amendments to its existing contract that would allow it to become an “affiliate” of — ie own — a registrar with respect to its own gTLD.
ICANN believes the request, which is open for public comment until February 13, will not create any competition problems.
ICANN approved the rules for enabling cross-ownership in October, after competition concerns from the European Commission and US Department of Commerce appeared to disappear.
The .cat request was handled via the Process for Handling Requests for Removal of Cross-Ownership Restrictions on Operators of Existing gTLDs, which absolutely nobody is calling PFHRFROCOROOOEG.
Under the rules, the alternative to amending an existing contract is adopting the standard new gTLDs registry agreement wholesale, but I’m not expecting any incumbent registries to do that.
PuntCAT is pretty much unique among “sponsored” gTLD operators in that it’s experienced steady growth, not subject to the same degree of speculation-related spikes as others, since launching in 2006.
It currently has roughly 60,000 domains under management, growing at about 10,000 names a year. Three Spanish registrars hold over half of the market between them, led by Nominalia.
But the gTLD faces an uncertain future.
The Catalonia region of Spain, which .cat represents, is set for an independence referendum in 2014. If it were to split off into a new country, it would get its own potentially competing ccTLD.
Sales could benefit from the imminent delegation of .dog, which three companies have applied for as a gTLD, but PuntCAT’s rules state that all .cat sites must have Catalan-language content.

ICANN finally coming to London

Kevin Murphy, December 27, 2012, Domain Policy

ICANN is to visit the UK for the first time in its 15-year history, with one of its 2014 public meetings now confirmed for London.
The organization is also planning to host its third meeting in Singapore, the city where its first meeting was held, just three years after its last visit, according to recently passed board resolutions.
Buenes Aires, Argentina has been selected for the third meeting in 2013, following Beijing and Durban, ICANN’s second visit to Argentina after the 2005 Mar Del Plata event.
The final meeting in 2014 will be held somewhere in North America, but the city has yet to be decided.
Fingers crossed for Vegas.

Vietnamese registrar on the ICANN naughty step

Kevin Murphy, December 26, 2012, Domain Registrars

ICANN has issued a broad breach notice against Vietnamese domain name registrar Mat Bao.
The company hasn’t escrowed its registrant data as required since February, according to ICANN, and it owes over $4,500 in accreditation fees.
It also hasn’t given ICANN a URL for its registrar web site, nor is it providing Whois service, according to the breach notice.
The registrar has fewer than 1,000 gTLD domain names under management, according to the latest registry reports.
ICANN has given it until January 17 to resolve its problems or risk losing its accreditation.

Swedish registry wins new gTLD testing contract

Kevin Murphy, December 26, 2012, Domain Registries

The registry operator for Sweden’s .se ccTLD has been picked to provide pre-delegation testing for new gTLDs.
ICANN announced at the weekend that Stiftelsen för Internetinfrastruktur has won the two-year contract, which will see the organization scratch-build a testing suite and have it up and running by March.
ICANN said .se “has proven track of technical capability, operations excellence, and significant experience in the industry”.
The registry has a pretty good record when it comes to cutting-edge domain name technologies — .se was the first TLD to implement DNSSEC, preceding .com by about five years.
All new gTLDs will have to run DNSSEC, the cryptographically signed DNS protocol, from the outset, and testing such services is part of the pre-delegation testing provider’s remit.