Registrar files rebuttal, moving toward Independent Review Process.
Namecheap has filed a rebuttal to ICANN’s board decision on its reconsideration request over the new .org contract. It is also filing for Independent Review, starting with the voluntary Cooperative Engagement Process (CEP).
The registrar is challenging ICANN’s staff deciding to remove price caps from .org domain names.
In the rebuttal (pdf), Namecheap summarizes its argument that is bolstered by the proposed agreement by Public Interest Registry to sell to a for-profit private equity company.
First, ICANN’s reliance upon Professor Carlton’s 2009 analysis is misguided because it is an opinion not based upon evidence or facts, but relies upon outdated and incomplete assumptions. Second, ICANN claims that the Base RA was developed through the ICANN policy process, however there is no evidence to suggest that those participants intended or considered the Base RA to apply to legacy TLDs (rather it was clear the intent was to develop an agreement for new gTLD registries only). Third, ICANN’s failure to incorporate essentially unanimous public comments in support of price caps shows that ICANN will do as it pleases regardless of whether it solicits public comments. And finally, the recent purchase of Public Interest Registry (PIR), the operator of the .org TLD by an equity firm and its subsequent conversion into a for profit, along with the intermingling of ex-ICANN executives and industry insiders requires that ICANN review this purchase in detail and take necessary steps to ensure that .org domains are not used a source of revenue to support expansion by PIR or payment of dividends to PIR’s shareholders (which are against the original nonprofit origins of the .org TLD).
Surprised Afilias has not gotten into the mix and filed something to stop this sale. .
If this deal goes through , then it is certain Donuts would get the registry back end deal for ORG as both companies are owned by Abry Partners
PE always steer deals to their portfolio companies
Afilias should be allowed to operate this without an “owner”, paying ICANN directly every 6 years… What a filthy mess.
Grabbing Some Popcorn says
Wow wow wow. What a scandal.
Bravo, Namecheap! So well said and powerfully succinct.
Not just economic interests and life opportunities for a vast multitude of people and families is at stake, but ultimately even nothing less that what is still left of the free world, free speech, and free society.
I’m pretty sure I will never say another unfavorable word about Namecheap, i.e. their user interface. I repent in sackcloth and ashes for any time in the past I have commented unfavorably about their ui. I have gotten carried away at times and almost certainly been a jerk in grousing and complaining about a few software related items when I could have expressed such desires and concerns in a very different way. I stopped a while ago and can no longer go on doing that in the face of what I have been witnessing from Namecheap about more important realities since. This is my confession, and commendation of Namecheap. May they continue doing and be supported by the community in what they have been doing about these higher and so hugely important and consequential realities and concerns.
Namecheap is showing a lot of resolve in pursuing this reconsideration and Independent Review
Great professional approach Namecheap! !
Rick Coen- CCO/COO of the National counsel of non profits, the nation’s largest network of non profits based in D.C. is reporting on the sale.
That should get more involvement going.
Many domain owners buy .org as an investment, if you take a closer look they will not sell in 100 years please every one you should examine your portfolio and get rid of the excess fat .org will lose couple million domain.
Jacob Malthouse says
A good number of nonprofits are organizing around this. Add your support here: https://savedotorg.org/ — ref: https://www.thenonprofittimes.com/npt_articles/nonprofits-fight-sale-of-org-registry/
John Berryhill says