CSC removes reference to “retiring” new gTLD domain after retiring new gTLD domain

The corporate registrar and new gTLD management consultant CSC Global has ditched a new gTLD domain in favor of a .com, but edited its announcement after the poor optics became clear.

In a brief blog post this week, the company wrote:

We’re retiring cscdigitalbrand.services to give you a more user-friendly interface at cscdbs.com.

From the trusted provider of choice for Forbes Global 2000 companies, this more user-friendly site is filled with information you need to secure and protect your brand. You’ll experience a brand new look and feel, at-a-glance facts and figures, learn about the latest digital threats, access our trusted resources, and see what our customers are saying.

Visit the site to learn more about our core solutions: domain management, domain security, and brand and fraud protection.

But the current version of the post expunges the first paragraph, referring to the retirement of its .services domain, entirely.

I’m going to guess this happened after OnlineDomain reported the move.

But the original text is still in the blog’s cached RSS feed at Feedly.

It’s perhaps not surprising that CSC would not want to draw attention to the fact that it’s withdrawn to a .com from a .services, the gTLD managed by Donuts.

After all, CSC manages dozens of new gTLDs for clients including Apple, Yahoo and Home Depot, and releases quarterly reports tracking and encouraging activation of dot-brands.

Interestingly, and I’m veering a little off-topic here, there is a .csc new gTLD but CSC does not own it. It was delegated to a company called Computer Sciences Corporation (ironically through an application managed by CSC rival MarkMonitor) which also owns csc.com.

Computer Sciences Corporation never really got around to using .csc, and in 2017 merged with a unit of HP to form DXC Technology.

If you visit nic.csc today, you’ll be redirected to dxc.technology/nic, which bears a notice that it’s the “registry for the .dxc top-level domain”.

Given that the .dxc top-level domain doesn’t actually exist, I think this might make DXC the first company to openly declare its intent to go after a dot-brand in the next round of new gTLDs.

Google launches .meet gTLD after Meet service goes free during lockdown

Google Registry is to launch its .meet gTLD next week with a sunrise period for trademark owners, but, perhaps controversially, it intends to keep the rest of the domains for itself.

It is expected that the company plans to use .meet domains in its Google Meet conferencing service, which was recently revamped and went free-to-use after Google realized that rival Zoom was eating its lunch during the coronavirus lockdown.

Google bought the .meet gTLD from Afilias back in 2015 but has kept it unused so far, even after the Meet service opened in 2017.

But according to ICANN records, it’s due to go into a one-month sunrise period from May 25, with an open-ended Trademark Claims period from June 25.

In a brief statement on its web site Google says:

Google Registry is launching the .meet TLD. This domain is Spec 9/ROCC exempt, which means we will be the registrant for all domains on the TLD and it will not be made generally available. The RRA for the TLD is available upon request, but registrations on behalf of the registry will be processed through a small number of registrars with whom the relevant product teams at Google work.

Translated from ICANN-speak, this means that Google has an exemption from Specification 9 in its .meet registry contract, releasing it from the Registry Operator Code of Conduct, which obliges registries to treat all registrars equally.

This means Google can’t sell the domains to anyone else, nor can it allow them to be controlled by anyone else, and it can use a limited pool of registrars to register names.

Spec 9 is a bit different to Spec 13, which exempts dot-brands from ICANN trademark-protection rules such as sunrise and Trademark Claims. You could argue that Spec 9 is “dot-brand lite”.

But what both Spec 9 and Spec 13 have in common is that they can’t be used in gTLDs ICANN considers a “generic string”, which is defined as:

a string consisting of a word or term that denominates or describes a general class of goods, services, groups, organizations or things, as opposed to distinguishing a specific brand of goods, services, groups, organizations or things from those of others.

Does .meet qualify there? It’s undoubtedly a dictionary word, but does it also describe a class of things? Maybe.

Google’s search engine itself gives one definition of “meet” as “an organized event at which a number of races or other athletic contests are held”, which one could reasonably argue is a class of services.

When Afilias applied for .meet in 2012, it expected it to be used by dating sites.

Google did not addresses the non-genericness of the string in its Spec 9 application. That judgement appears to have been made by ICANN alone.

Previously, requests for Spec 9 exemptions from the likes of .giving, .star, .analytics, .latino, .mutual, and .channel have been rejected or withdrawn.

It seems that Spec 9 exemption is going to somewhat limit .meet’s utility, given that third-parties will not be able to get “control or use of any registrations”.

Spring Break redux! ICANN picks Cancun for 2023 meeting

Having had its plans for a public meeting in Cancun, Mexico concurrent with Spring Break nixed by the nasty coronavirus this March, ICANN has decided to try again not once but twice.

Not only is it planning to hold its Community Forum there next year, but its board of directors has just voted to return in 2023 also, in a meeting that will run from March 11 to 16.

It will be ICANN 76. But the location of ICANN 75, scheduled for September 2022, is still a mystery. The board has authorized negotiations with the proposed venue(s) but has redacted any clues as to where it might be.

We don’t even know which of ICANN’s five rotating geographic regions it will be in, though Asia-Pac seems most likely, given that its last physical meeting there was in March 2019.

ICANN’s .org decision was NOT unanimous, and it was made in secret

When ICANN announced its decision to deny Public Interest Registry’s request to be acquired by Ethos Capital at the end of April, I felt a little foolish.

I’d confidently predicted just days earlier that the decision by the board would not be unanimous, but ICANN, in announcing the decision, said “the entire Board stands by this decision”.

But it turns out I was right after all. Three directors voted against the consensus and one abstained.

The dissenting votes were cast by industry policy consultant Avri Doria, Serbian internet pioneer Danko Jevtović, and former Sudanese ccTLD operator Ihab Osman.

Doria and Jevtović voted against the first resolved clause, which rejected PIR’s request. All three voted against the second resolved clause, which would have allowed PIR to file a second request.

Sarah Deutsch, a private practice lawyer, abstained from both votes, presumably because she also sits on the board of the Electronic Frontier Foundation, the civil liberties group that can, via California’s attorney general, probably be credited most with getting the transaction killed.

All three dissenters and Deutsch are Nominating Committee appointees.

According to the preliminary report of the April 30 meeting, “Doria indicated that she would be voting against the resolution and explained her views about how the public interest would be better served by ICANN granting its consent to PIR’s request.”

What her reasons were are not reflected in the record.

It also seems likely that any substantive minuting of ICANN’s decision is likely to be limited, as it appears to have been made at a different, off-the-books session at an unspecified earlier date.

The preliminary report notes the “the Board discussed and considered alternative draft resolutions for potential Board action as part of an earlier briefing”.

No such earlier meeting is listed on ICANN’s web site. The board’s previous formal meeting, two weeks earlier, had PIR’s request removed from the agenda at the last minute.

So it appears that ICANN’s board decided to reject the deal basically in secret at some point between April 17 and April 29, during a meeting of which ICANN has no obligation to publicly release the minutes.

Nice transparency loophole!

There’s always the Documentary Information Disclosure Policy, I suppose.

.org sale officially dead

Public Interest Registry has formally announced that its proposed $1.13 billion acquisition by Ethos Capital is dead.

The company told ICANN yesterday that it is withdrawing its request for a change of control under its .org contract and that it “will not be pursuing an ICANN Request for Reconsideration or taking any other action to try to revive the Transaction”.

In a statement, CEO Jon Nevett said that PIR is no longer for sale to any other party. It will remain under the Internet Society’s control.

He also pointed out that it’s not within ICANN’s power to arbitrarily transfer .org to another registry, as some critics have called for.

“Such a transfer by ICANN is a contractual impossibility under our registry agreement,” he wrote.

ICANN rejected the change of control request after deciding it was not in the public interest for .org to pass into for-profit hands.

Following the decision, ISOC had indicated that PIR was no longer for sale.

ICANN whistleblower expects to be fired after alleging budget irregularities, bugged meetings

The chair of ICANN’s highly influential Nominating Committee expects to lose his seat after turning whistleblower to expose what he says are budgetary irregularities and process failures that could have altered the outcome of ICANN’s board-selection process.

In a remarkable March 25 letter, Jay Sudowski even accuses ICANN of secretly recording and transcribing NomCom’s confidential deliberations.

The NomCom is the secretive committee responsible for selecting people to fill major policy-making roles at ICANN, including eight members of its board of directors. It’s made up of people drawn from all areas of the community.

Because its role is essentially to conduct job interviews with board hopefuls, it’s one of the few areas of the ICANN community whose conversations are almost entirely held in private.

But Sudowski is attempting to shine a little light on what’s going on behind the scenes by filing a broad and deep request under the Documentary Information Disclosure Policy, which is ICANN’s equivalent of a freedom of information law.

In it, he accuses ICANN Org of some fairly serious stuff.

First, he claims ICANN is fudging its budget by over-reporting how many full-time equivalent (FTE) staff members are involved in NomCom work, and by denying requests for “trivial” reimbursements of as little as $47 even as NomCom cuts costs by moving to a remote-only working model.

ICANN grants NomCom a FY20 budget of $900,000, of which $600,000 is allocated to “personnel costs” related to three FTEs.

“Nowhere near 3 FTEs are allocated to NomCom. Where is this money going?” Sudowski asks, demanding under the DIDP to see records of how much ICANN actually spent supporting NomCom’s work over the last five years.

He also claims that the NomCom process may have been compromised by allowing non-voting members to participate in decision-making meetings during the 2017 cycle, writing:

ICANN Org potentially allowed the NomCom to violate ICANN Bylaws by allowing nonvoting members of the NomCom to participate in outcome determinate components of the assessment and selection process that may have fundamentally alerted [I believe this is a typo for “altered”] the outcome of the 2017 NomCom process.

The non-voting members of the NomCom are the board-appointed chair and chair-elect, as well as appointees from the Root Server System Advisory Committee, Security and Stability Advisory Committee and Governmental Advisory Committee.

The board members appointed by NomCom in 2017 were Avri Doria and Sarah Deutsch. NomCom also picked members of the GNSO Council, ccNSO Council and At-Large Advisory Committee.

Sudowski, whose day job is running a data center company in Colorado, further claims that the ICANN board has been instructed by the Org to refuse to communicate with NomCom members.

“In recent years, ICANN Org has secretly recorded and transcribed confidential deliberations of the NomCom,” he adds.

He wants evidence of all of this to be released under the DIDP, under a nine-point list of documentation requests.

It’s unfortunate that I am forced to make this request in such a public manner, but when there is controversy over a $47 expense to support a NomCom member, I can only come to the conclusion that ICANN Org is unable and unwilling to provide necessary “administrative and operational support” for the NomCom.

He also expects retribution:

I also expect that the Board, which has been instructed to not communicate with me, will remove me from my role as Chair of the NomCom, given the nature of the concerns noted in this letter. Frankly, if this comes to pass, my removal is a clear and direct attack on the autonomy and authority of the entire NomCom.

So far, his request has not been answered.

Under the DIDP, ICANN has a maximum of 30 days to reply to such requests. In reality, this has always been treated as a minimum, with both request and response typically published on the same day, exactly 30 days after the original filing.

Its responses are typically links to information already in the public record and a list of excuses why no more info will be released.

But so far, neither request nor response has been published in the usual place, 42 days after Sudowski sent his letter. ICANN has missed its deadline by almost two weeks.

The only reason the DIDP (pdf) is in the public domain at all is that Sudowski copied it to the mailing list of the Empowered Community, ICANN’s community-based oversight body. Thanks to George Kirikos for posting the link to Twitter last week.

It is a pretty extensive request for information, that presumably would take some time to collate, so I’d be hesitant to cry “cover-up” just yet.

But the fact that the request exists at all serves to highlight the shocking lack of trust between ICANN and one of its most powerful committees.

UPDATE: Sudowski has said that his request was withdrawn. There’s no particular reason it could not be refiled by somebody else, however, as DIDP is open to all.

I actually withdrew the request. Org and the Board have been very helpful and responsive in meeting the needs of the NomCom since the original request was submitted. It’s water under the bridge as far as I’m concerned.

— Jay Sudowski (@HNJaySuds) May 1, 2020

The .org deal may be dead and buried, but calls remain for PIR to lose its contract

The Internet Society has revealed that the .org registry operator PIR is no longer for sale.

The news came in a statement from ISOC chair Andrew Sullivan late Friday, less than 24 hours after ICANN withheld its consent for the proposed $1.13 billion acquisition by private equity firm Ethos Capital.

ICANN had held the door open for Ethos and ISOC to resubmit a change of control request, and Ethos had said Thursday that it was evaluating its options, but it appears the decision has been made to keep PIR under ISOC’s wing.

In his statement, Sullivan expressed his dismay that ICANN had acted as a “regulator” by evaluating the deal using a public interest test rather than simply rubber-stamping it as it has in all other cases of registry acquisitions. He wrote:

It should concern the Internet community that ICANN has shown itself to be much more susceptible to political pressure than its limited mandate would recommend.

…

Now that we know that ICANN believes its remit to be much larger than we believe it is, we can state this clearly: neither PIR nor any of its operations are for sale now, and the Internet Society will resist vigorously any suggestion that they ought to be.

But who would want to, or could afford to, buy it? While ICANN has made it clear that PE firms are welcome to acquire other TLDs, it wants .org to remain in non-profit hands.

During the last few months of controversy, one other embryonic effort to take over .org was announced, led by founding ICANN chair Esther Dyson.

Called the Cooperative Corporation of dot-org Registrants (CCOR), it had no intention of handing over a billion dollars for .org, it simply wanted ICANN to assign the contract to its control.

It still wants that, or something like that. In a statement Saturday, CCOR said it “calls upon ICANN to proceed with the established multi-stakeholder led open request for proposals for stewardship of the dot-org domain”.

Unless it can be shown that PIR has seriously broken the terms of its Registry Agreement, the chances of ICANN randomly opening up .org to tender is pretty much zero.

CCOR goes on to say that it is still worried about .org falling into private hands and that it will lobby for legally binding policies “including the preservation of privacy, diversity and human rights, and freedom from censorship”.

“Dangerous precedent” as ICANN rejects $1.13 billion .org buyout

In a decision that will shock many, ICANN won’t let Ethos Capital buy Public Interest Registry from the Internet Society.

Its board of directors yesterday voted to reject PIR’s request for a change of control of the .org contract, saying that “the public interest is better served in withholding consent”.

Ethos responded angrily almost immediately, saying the decision “sets a dangerous precedent with broad industry implications” and that it is “evaluating its options”.

The ICANN resolution, which was published overnight, is justified by setting out the case that .org is a unique case: a large legacy gTLD with a mandate to serve non-profit entities.

The Board was presented with a unique and complex situation – a request to approve a fundamental change of control over one of the longest-standing and largest registries, that also includes a change in corporate form from a viable not-for-profit entity to a for-profit entity with a US$360 million debt obligation, and with new and untested community engagement mechanisms relying largely upon ICANN contractual compliance enforcement to hold the new entity accountable to the .ORG community. ICANN is being asked to agree to contract with a wholly different form of entity; instead of contracting with the mission-based not-for-profit that has responsibly operated the .ORG registry for nearly 20 years, with the protections for its own community embedded in its mission and status as a not-for-profit entity. If ICANN were to consent, ICANN would have to trust that the new proposed for-profit entity that no longer has the embedded protections that come from not-for-profit status, which has fiduciary obligations to its new investors and is obligated to service and repay US$360 million in debt, would serve the same benefits to the .ORG community.

Essentially, ICANN is holding ISOC to the by-and-for non-profits commitment that it made when it inherited the registry from Verisign back in 2002. You may recall I went into some depth on the history of .org back in December.

While noting the broad criticism from various parties — which included domainers and non-profits — about the proposed acquisition, the resolution makes specific reference to the investigation by the office of the California attorney general, which had made vague threats of legal action against ICANN.

Some commentators, including Jonathan Zuck and Michele Neylon — are worried that the AG’s influence now means ICANN has a new boss, and that special interest groups in future need only lobby his office in order to override community-built consensus.

But ICANN did not single out one reason for its decision, saying withholding consent was “reasonable in light of the balancing of all of the circumstances”.

Ethos, while not calling out the AG directly, made the broader claim that ICANN has acted outside its mandate by succumbing to lobbying by outside parties.

Its statement, which I think contains hints at future legal action, reads in full:

Today’s decision by ICANN sets a dangerous precedent with broad industry implications. ICANN has overstepped its purview, which is limited to ensuring routine transfers of indirect control (such as the sale of PIR) do not impact the registry’s security, stability and reliability. Today’s action opens the door for ICANN to unilaterally reject future transfer requests based on agenda-driven pressure by outside parties. It allows ICANN to base its decisions on a subjective interpretation of what it deems to be relevant in these transactions, rather than following its own clear and specified legal directive.

This decision will suffocate innovation and deter future investment in the domain industry. ICANN has empowered itself to extend its authority into areas that fall well outside of its legal mandate in acting as a regulatory body. Today’s decision also creates an uncertain and unpredictable business environment, where the enforceability and value of the ICANN contract itself may be called into question now that the rules of transferring ownership are open to influence by outside interests. Ethos is evaluating its options at this time.

In the same statement, PIR called the decision “a failure to follow its bylaws, processes, and contracts” and ISOC said ICANN “has acted as a regulatory body it was never meant to be”.

While the decision could be chalked up as a win for domain investors and civil libertarians that had challenged the acquisition, it has implications that may not entirely please them.

Assuming the deal stays dead, PIR is no longer promising to only increase prices by 10% a year. It will be able to raise its registry fee arbitrarily, whenever it likes, subject to notice periods and the usual uniform pricing rules.

Domainers will have to hope there’s no sour grapes at ISOC, or they could be looking at big price hikes before long.

And for those interested in censorship, remember PIR is no longer committing to a Stewardship Council that would help protect free speech in .org domains.

The ICANN decision came in spite of a last-minute plea from former chair and ISOC co-founder Vint Cerf, who in a letter (pdf) described the deal as a “wedge issue” that could be leverage to force ICANN into an existential crisis, with outside interests such as the ITU pushing itself as a replacement.

ICANN also received eleventh-hour submissions from the German government (which was against the deal) and German trade group Eco (which was vague but appeared to be for the deal).

ICANN may scrap its $0.18 reg tax in coronavirus “solidarity”

ICANN is thinking about whether to temporarily waive the $0.18 it charges registrars (and therefore registrants) whenever a gTLD domain name is registered.

Execs said the idea was being considered during a conference call explaining ICANN’s new budget this afternoon.

The idea was floated by GoDaddy policy head James Bladel during the call, and supported by others, but it appears it had already also occurred to ICANN.

Bladel suggested that it might not make a big impact on registrants’ wallets, but that it would be a show of “solidarity” with registrars and registries that have waived domain recovery fees to help registrants that have been hit by coronavirus.

ICANN said it was looking at the idea but did not commit one way or the other.

Should such a waiver come into effect, it’s not clear whether it would be uniformly passed on to registrants.

Domain industry likely to suffer from coronavirus as ICANN slashes budget by 8%

ICANN is predicting a miserable time for the domain name industry due to the coronavirus pandemic, today announcing that it’s slashing its revenue outlook for the next year by 8%.

The organization expects to receive revenue of $129.3 million for the fiscal year beginning July 1. That’s $11.1 million lower than its previous estimate, which was made in December.

ICANN’s budget is based on projections based on previous industry performance and its accountants’ conversations with registries and registrars, so this is another way of saying that it expects the industry to suffer due to the pandemic.

ICANN said in its newly revised budget:

ICANN org funding may be impacted because the economic crisis stemming from the pandemic has the potential to impact the funding from domain name registrations and contracted parties through the end of FY20 and into the first months of FY21. ICANN org also anticipates there may be long-lasting effects of such impacts. At the time this document is published, the impact cannot yet be quantified.

The drill-down is not great, showing that ICANN expects registries and registrars in both legacy and new gTLDs to be hit.

New gTLDs are predicted to be hit hardest, with revenue from registry transaction fees dropping by a full 33% from its FY20 forecast. That’s a drop from $6.7 million to $4.5 million.

Extrapolating from its $0.25 registry fee, that means ICANN thinks there will be 8.8 million fewer billable transactions — registrations, renewals and transfers in new gTLDs with over 50,000 names — for the year ending June 30, 2021.

Expected revenue from registrars selling new gTLDs has also been slashed by a third, down from $5.3 million this year to $3.5 million next year.

Legacy gTLDs are expected to fare a little better.

ICANN predicts transaction revenue from legacy gTLDs to decrease over the period, down to $47.7 million in FY21 from $49 million in FY20. Registrars selling legacy gTLDs are expected to bring in revenue of $29.7 million, down from $33.3 million.

That also represents shrinkage measured in the millions of domains.

It gets worse. ICANN is also expecting the number of registries and registrars to decrease even faster over the course of the next year.

It thinks it will end June with 1,174 fee-paying registries, but for this to decrease by 62 in FY21. It decreased by 29 in FY20. Many of these will probably be unused dot-brands having their contracts cancelled.

On the registrar side, it expects to lose 380 accreditations in FY21, compared to a loss of 104 this fiscal year, to end FY21 with 1,977 registrars.

ICANN does not expect its voluntary contributions from ccTLDs and Regional Internet Registries to decrease, but it does expect to lose a few hundred thousand bucks from the absence of sponsorship of its in-person meetings.

This overall predicted decrease in funding has led to a matching decrease in planned expenditure, with ICANN saying it will operate with “increased prudence, frugality, and with heightened conditions of necessity”.

It’s going to save 20% less on travel — $12.4 million — due to coronavirus-related restrictions, but seems to still be planning to take the industry to Hamburg in October for ICANN 69 (even though Munich has cancelled Oktoberfest this year).

ICANN also plans to delay some projects and to reduce its average headcount by 15 to 395.

The lower budget projections come even as some registries —including CentralNic, which looks after some very large new gTLDs — have said they expect the financial impact of coronavirus to be minimal.

The revised budget is published here and ICANN’s board may approve it as early as next week.