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.

IRP panel tells ICANN to stop being so secretive, again

ICANN’s dismal record of adverse Independent Review Process decisions continued last week, with a panel of arbitrators telling the Org to shape up its transparency and decision-making processes.

The panel has essentially ruled that ICANN did everything it could to be a secretive as possible when it decided to remove price controls from its .org and .info registry contracts in 2019.

This violated its bylaws commitments to transparency, the IRP panel found, at the end of a legal campaign by Namecheap commenced over three years ago.

Namecheap wanted the agreements with the two registries “annulled”, but the panel did not go that far, instead merely recommending that ICANN review its decision and possibly enter talks to put the price caps back.

But the decision contains some scathing criticisms of ICANN’s practice of operating without sufficient public scrutiny.

Namecheap had argued that ICANN broke its bylaws by not only not applying its policies in a non-discriminatory manner, but also by failing to adequately consult with the community and explain its decision-making.

The registrar failed on the first count, with the IRP panel ruling that ICANN had treated registry contract renegotiations consistently over the last 10 years — basically trying to push legacy gTLDs onto the 2012-round base Registry Agreement.

But Namecheap succeeded on the second count.

The panel ruled that ICANN overused attorney-client privilege to avoid scrutiny, failed to explain why it ignored thousands of negative public comments, and let the Org make the price cap decision to avoid the transparency obligations of a board vote.

Notably, the panel unanimously found that: “ICANN appears to be overusing the attorney-client privilege to shield its internal communications and deliberations.”

As one example, senior staffers would copy in the legal team on internal communications about the price cap decision in order to trigger privilege, meaning the messages could not be disclosed in future, the decision says.

ICANN created “numerous documents” about the thinking that went in to the price cap decision, but disclosed “almost none” of them to the IRP due to its “overly aggressive” assertion of privilege, the panel says.

As another example, staffers discussed cutting back ICANN’s explanation of price caps when it opened the subject to public comment, in order to not give too much attention to what they feared was a “hot” and “sensitive” topic.

ICANN’s failure to provide an open and transparent explanation of its reasons for rejecting public comments opposing the removal of price controls was exacerbated by ICANN’s assertion of attorney-client privilege with respect to most of the documents evidencing ICANN’s deliberations…

ICANN provided a fairly detailed summary of the key concerns about removing price caps, but then failed to explain why ICANN decided to remove price caps despite those concerns. Instead, ICANN essentially repeated the explanation it gave before receiving the public comments.

The panel, which found similar criticisms in the earlier IRP of Dot Registry v ICANN, nevertheless decided against instructing ICANN to check its privilege (to coin a phrase) in future, so the Org will presumably be free to carry on being as secretive as normal in future.

Namecheap also claimed that ICANN deliberately avoided scrutiny by allowing Org to remove the price caps without a formal board of directors resolution, and the panel agreed.

The Panel finds that of the removal of price controls for .ORG, .INFO, and .BIZ was not a routine matter of “day-to-day operations,” as ICANN has asserted. The Price Cap Decision was a policy matter that required Board action.

The panel notes that prior to the renewal of .org, .info and .biz in 2019, all other legacy gTLD contracts that had been renewed — including .pro, which also removed price caps — had been subject to a board vote.

“ICANN’s action transitioning a legacy gTLD, especially one of the three original gTLDs (.ORG), pursuant to staff action without a Board resolution was unprecedented,” the panel writes.

Quite why the board never made a formal resolution on the .org contract is a bit of a mystery, even to the IRP panel, which cites lots of evidence that ICANN Org was expecting the deal to go before the board as late as May 13, 2019, a month before the anticipated board vote.

The .org contract was ultimately signed June 30, without a formal board resolution.

(Probably just a coincidence, but Ethos Capital — which went on unsuccessfully to try to acquire .org registry Public Interest Registry from ISOC later that year — was formed May 14, 2019.)

The IRP panel notes that by avoiding a formal board vote, ICANN avoided the associated transparency requirements such as a published rationale and meeting minutes.

The panel in conclusion issued a series of “recommendations” to ICANN.

It says the ICANN board should “analyze and discuss what steps to take to remedy both the specific violations found by the Panel, and to improve its overall decisionmaking process to ensure that similar violations do not occur in the future”.

The board “should consider creating and implementing a process to conduct further analysis of whether including price caps in the Registry Agreements for .ORG and .INFO is in the global public interest”

Part of that process should involve an independent expert report into whether price caps are appropriate in .info and especially .org.

If it concludes that price controls are good, ICANN should try to amend the two registry agreements to restore the caps. If it does not conduct the study, it should ask the two registries if they want to voluntarily restore them.

Finally, the panel wrote:

the Panel recommends that the Board consider revisions to ICANN’s decision-making process to reduce the risk of similar procedural violations in the future. For example, the Board could adopt guidelines for determining what decisions involve policy matters for the Board to decide, or what are the issues on which public comments should be obtained.

ICANN is on the hook to pay the panel’s fees of $841,894.76.

ICANN said in a statement that it is “is in the process of reviewing and evaluating” the decision and that the board “will consider the final declaration as soon as feasible”.