Namecheap loses attempt to bring back .org price caps

ICANN seems to have won a big victory in its ongoing tussle with Namecheap over price caps for .org and .info domains.

A California court ruled late last week that it cannot force ICANN into pricing talks with the registries for the two gTLDs, denying a motion that Namecheap filed back in April.

The dispute dates back to 2019, when ICANN removed price caps from Public Interest Registry’s .org registry contract, which had limited PIR to 10% annual increases.

Namecheap used ICANN’s own Independent Review Process accountability mechanism to challenge this decision and won, kinda, in 2022.

The IRP panel found ICANN had breached its bylaws and issued “recommendations” such as commissioning an economic report into price caps, deciding if price caps should return, and if so then talking to the registries about bringing them back.

When there’d been little action by early 2024, Namecheap sued to get the backing of the court for the IRP decision. It was successful, with the court ruling this February that the IRP findings were valid.

In the meantime, ICANN had obtained its economist’s report and passed a resolution stating that it should not bring price caps back to the two registry contracts.

But Namecheap had a final crack at getting the court to force ICANN into price cap. In a motion this April, it asked the court to instruct ICANN to “approach the registry operators for .ORG and .INFO to agree to some form of price control”.

The court didn’t buy its arguments, however, last week denying Namecheap’s requests on the grounds that ICANN had in fact considered the IRP panel’s recommendations:

Namecheap provides evidence that ICANN in fact did consider the Panel’s recommendations, and thus Plaintiff admits that ICANN did not reject any of the Panel’s findings, so as correctly stated by ICANN, “there is nothing for this Court to enforce.”

In the six years since the price caps were lifted, non-profit PIR has not raised .org prices, while for-profit Identity Digital has raised .info prices every year, from $10.84 in 2019 to $19 today.

PIR to join GlobalBlock, but its crown jewel won’t

Public Interest Registry is set to join GlobalBlock, the multi-TLD trademark blocking network, following approval of a series of ICANN registry contract amendments.

It will become easily the largest registry operator, by domains under management, to sign up for the service. But its crown jewel, .org, will not be included, I’m told.

.charity, .foundation, .gives, .giving, .ngo and .ong, along with four translations in non-Latin scripts, will become part of GlobalBlock, meaning trademark owners will get to block their brands rather than defensively register them, saving a bit of money.

But the protections will not extend to .org, which with over 11 million domains is the third-largest gTLD. This is probably quite telling.

GlobalBlock says it currently blocks domains in 634 “extensions”, by which it means a mix of gTLDs, ccTLDs, and second-level domains in the consensus DNS, as well as some newer blockchain-based namespaces.

As customers flee legacy gTLDs, .org tops 11 million names

Almost every legacy gTLD is shrinking, but .org is thriving and recently hit a major milestone.

Public Interest Registry announced yesterday that it’s passed the 11 million registered names milestone, with CEO Jon Nevett calling it “a big moment for our organization”.

Looking at zone file records, it appears that the 11 million mark was passed some time last month. It’s added about 240,000 domains to its zone since the start of 2024.

The same records show that almost all legacy, pre-2012 gTLDs are shrinking, some by alarming numbers.

It will not be news to regular readers that .com and .net volumes have been suffering recently, with .com down about 3.4 million names since the start of the year and .net down about 477,000.

In percentage terms, .pro is by far the biggest loser over the same period. It started the year with 718,000 names in its zone and has just 484,000 today, losing about a third of its domains.

The larger legacies — .info, .biz, .asia and .mobi — have all gone down by tens of thousands. Meanwhile, the smaller gTLDs .name, .tel, .coop, .museum and .aero all suffered losses commensurate with their size.

It’s not really fair to judge .xxx by the size of its zone, as GoDaddy Registry mainly sells .xxx as defensive registrations that never see the zone, but it’s also down this year.

The only other legacy gTLDs that have grown this year are .jobs, .cat and .travel, which have all experienced modest growth measured in the hundreds of domains.

The lack of a profit motive is likely behind PIR’s success.

Despite having price caps removed from its ICANN contract and experiencing the same inflationary pressures as the rest of us, it has declined to increase its renewal fees, unlike the other legacy gTLDs with large customer bases.

Namecheap scores win in .org price-cap lawsuit

Namecheap’s lawsuit over ICANN’s decision to lift price caps in .org and .info will be allowed to proceed, a California judge has ruled.

The Superior Court in Los Angeles recently threw out ICANN’s attempt to get the case dismissed, according to court documents released by ICANN. There will now be a hearing in January.

Namecheap’s lawsuit concerns ICANN’s decision in 2019 to lift price caps in Public Interest Registry’s .org contract and the .info contract then with Afilias (now Identity Digital).

Both registries had previously been limited to a 10% price increase every year.

The registrar filed an Independent Review Process case against ICANN, which is mostly won. In 2022, the IRP panel slammed ICANN for its secrecy and lack of adherence to its bylaws and issued seven recommended actions the Org could take to rectify its transgressions.

In the current lawsuit, filed this January, Namecheap claims that ICANN “largely ignored” most of these recommendations. It wants the court to force the Org to abide by the IRP ruling, which among other things calls for ICANN to look into reinstituting price caps.

But ICANN objected, saying Namecheap “is asking this Court to convert recommendations into requirements”, adding that it “does not have an obligation to act in accordance with the ‘recommendations’ of an IRP Panel”.

It demurred, asking the court to throw out Namecheap’s complaint, but the court declined to do so on legal grounds, meaning the claims will be heard on the merits.

In the five years since the .org and .info price caps were lifted, non-profit PIR has not raised .org prices once.

For-profit Identity Digital has raised .info prices every year, by between 9.38% and 11.03%, raising the cost from $10.84 in 2019 to $17.50 today. The price will go up again by 8.57% to $19.00 in January.

PIR’s Diaz to leave domain industry

Public Interest Registry is losing its long-serving policy veep Paul Diaz, who will leave the company and domain industry later this year.

Currently VP of industry affairs, Diaz has been with the .org registry for 12 years, and had 12 years at Network Solutions before that.

A quarter-century in the domain industry should be enough for anyone, and PIR said in a blog post that Diaz “will be retiring from the industry” when he leaves PIR in July.

With his policy role, Diaz has held leadership positions in various ICANN committees, stakeholder groups and working groups over the years.

Namecheap sues ICANN over .org price caps

Namecheap has sued ICANN in California, asking a court to force the Org to revisit its decision to lift price caps on .org and .info domain names five years ago.

Registrar CEO Richard Kirkendall announced the suit on Twitter this afternoon:

Today we filed suit against @ICANN. After a previous ruling via a mediation process they have taken little action towards the recommendations of that ruling and so our hand has been forced to take this action. We feel that ICANN is in direct violation of their mandate and…

— Richard Kirkendall (@NamecheapCEO) February 5, 2024

The lawsuit follows an Independent Review Process case that Namecheap partially won in December 2022, where the panel said ICANN should hire an economist to look at whether price caps are a good idea before revisiting its decision to scrap them.

The panel found that the ICANN board of directors had shirked its duties to make the decision itself and had failed to act as transparently as its bylaws mandate.

Namecheap says that over a year after that decision was delivered, ICANN has not implemented the IRP panel’s recommendations, so now it wants the Superior Court in Los Angeles to hand down an injunction forcing ICANN to do so.

Before 2019, .org was limited to 10% price increases every year, but the cap was lifted, along with caps in .info and .biz, when ICANN renewed, standardized and updated the respective registries’ Registry Agreements.

After the decision was made to scrap .org price caps, despite huge public outrage, Namecheap rounded up its lawyers almost immediately.

The caps decision led to the ulimtately unsuccessful attempt by Ethos Capital to acquire Public Interest Registry, which runs .org.

Namecheap’s new lawsuit wants the judge to issue “an order directing ICANN to comply with the recommendations of the IRP Panel”.

That means ICANN’s board would be told to consider approaching PIR and .info registry Identity Digital to talk about reintroducing price caps, to hire the economist, and to modify its procedures to avoid any future transparency missteps.

Identity Digital keeps .org back-end deal

Public Interest Registry is to keep Identity Digital as its back-end registry services provider following a competitive RFP process, the organization announced today.

The deal’s highlight TLD is of course .org, with its 11 million domains, but it also includes the much smaller .charity, .foundation, .gives, .giving, .ngo, .ong, .орг, .संगठन , and .机构.

Identity Digital inherited the contract when it acquired Afilias a few years back. PIR announced the RFP back in March.

There’s no word on whether Identity Digital is taking a pay cut as a result of the competitive process, but it should become clear when non-profit PIR eventually publishes its tax returns.

Red Cross gets takedown powers over .org domains

Public Interest Registry has inked a first-of-its kind domain takedown partnership with the American Red Cross.

The deal gives the Red Cross a “trusted notifier” status, meaning it will have a special channel to report fraudulent fundraising sites with domains, which PIR can then suspend at the registry level.

It’s designed mainly to quickly tackle fraud sites that spring up to exploit people’s good will in the aftermath of natural disasters to which the Red Cross would typically respond to.

It’s particularly relevant not only due to the size of PIR’s flagship .org, but also due to its recent takeovers of gTLDs including .charity and .giving.

PIR said the partnership is only for such cases, and would not permit the Red Cross to take down criticism or satire. It also said there’s an appeals process for registrants whose names are suspended.

Trusted notifier schemes are not uncommon among the larger registries, but they typically focus on Big Copyright and organizations that fight child sexual abuse material online.

.org back-end contract up for grabs

Public Interest Registry has started vetting potential registry service provider replacements for Identity Digital, ahead of a formal request for proposals later this year.

The company said this week that in order to run .org’s back-end, which would have to support almost 11 million domains, an RSP would have to hit a list of high-end criteria.

Candidates will have to have seven years experience running an RSP across multiple TLDs, with at least three registry clients, over 500,000 domains, and at least 25 ICANN-accredited registrars on its books, among other items.

That narrows the field down to probably fewer than a dozen companies. The likes of GoDaddy, CentralNic, Verisign, ZDNS, Tucows and Nominet would all presumably qualify, along with Identity Digital itself.

If a transition to a new RSP were to happen, it would be the largest TLD back-end migration in history by a considerable margin. The largest to date was the 3.1 million names that moved from Neustar (now GoDaddy) to Afilias (now Identity Digital) in 2018.

The .org migration from Verisign to PIR in 2003 was when .org was substantially smaller, at 2.7 million names.

According to PIR’s most-recent tax return, Afilias was paid $15.6 million in 2021 for registry services.

PIR said in 2021 that it expects to issue the RFP in the second half of 2023.

ICANN kicks the can on .org price cap defeat

ICANN has deferred action on its recent Independent Review Process defeat over price caps on .org and .info, instead referring the decision to one of its committees.

The IRP panel ruled in late December that ICANN broke its own bylaws when it approved the removal of price caps from the .org and .info registry contracts in 2019. It recommended that ICANN look into ways to restore the caps.

The ICANN board of directors at the weekend voted to ask its Board Accountability Mechanisms Committee (BAMC) to “review, consider, and evaluate” the IRP decision and recommend next steps.

The IRP was fought by the registrar Namecheap.