ICANN GNSO Council Was Misled Regarding Alleged Capture Of The Original IGO Working Group

Next week, the newly-created IGO Working Group’s Final Report is due to be voted upon by the ICANN GNSO Council, according to agenda item #5. As previously discussed, that working group’s report is an utter sham, and doesn’t reflect the public comments that were opposed to the recommendations.

It’s important to note that this isn’t the first working group that reviewed this issue. The prior working group (that I was a member of; the new working group would not permit me or others with similar views to join) came to very different conclusions. That report was attacked by Phil Corwin of Verisign, in a minority statement that falsely alleged “capture”. How do we know that this was a false claim? We need only look at Phil Corwin’s own statements in November 2017 (prior to the consensus call, when the results were not yet known as to the final recommendations), where he stated:

So far as the values of openness, transparency and inclusion, this working group has been completely open and inclusive. We have – we did extensive outreach to encourage participation by GAC members and IGO representatives. They chose not to become members. That’s not on us; that’s on them. Everything we’ve done is transparent. There’s transcripts, there’s documents.

So far as representativeness, if there is any attempt to besmirch the work of this working group when we issue our final report with allegations that have been captured by any particular group or did not represent enough the different components of the ICANN community, we’ve already – the cochairs have already reviewed that with staff. And while this is a small working group, there’s no requirement that every working group have dozens and dozens or even hundreds of members, but we have had sufficient participation from different parts of the ICANN community, I think, to refute any such allegations if they should arise. [pp.14-15 of transcript]

So, prior to the final results of the working group’s efforts being known, Phil Corwin was happy to defend the output of the working group. In fact, Phil Corwin expected that his preferred option (which involved arbitration) was a shoe-in to be adopted.

He even openly invited me to go on the record with my claims that he (as a co-chair) had abused his authority (in attempting to use an anonymous poll, in violation of ICANN’s transparency requirements), see:

Number one, and, you know, I don’t want to make a big deal out of this but George has stated several times in writing and now just orally that he believes the cochairs have abused their authority. I reject that categorically. The cochairs have been very careful to not cross any bright line in abusing their authority to be administrative and not push toward a particular sharing information about internal ICANN developments is not the same as pushing a particular policy goal. We had a full discussion and the vote could have gone the other way and then we – that wasn’t the will of the working group.

But if anyone who is a member of this working group feels that the chairs have abused their authority, please go ahead and – that they’ve been treated unfairly, go ahead and file a complaint with the ombudsman and have it investigated. But I reject any suggestion of that. [pp.11-12 of transcript]

Why should he be upset, then, when I did successfully file a Section 3.7 appeal, one that was entirely meritorious, as documented on the mailing list archives (see Dec 2017 and beyond)? After that successful appeal resulted in transparent processes to determine consensus, it turns out that Phil Corwin’s preferred outcome of arbitration was completely rejected, with consensus against, as noted in the final report (pp. 19-20, with Option #3 [arbitration] showing “Consensus Call Outcome: MINORITY VIEW (WITH CONSENSUS AGAINST THIS OPTION“).

So, there you have it. When the results of the working group didn’t go his way, like a hypocrite Phil Corwin changed his tune completely and attacked the working group at GNSO Council (a working group that he had great control over, given his role as co-chair). Phil Corwin ignored the fact that he himself openly claimed that working group was representative and shouldn’t be “besmirched” before the results of its processes were determined. He only claimed those processes were “captured” after they resulted in recommendations that differed from his preferred outcome.

GNSO Council was completely misled. On that basis alone, the foundation for creating the new working group was built on a lie.

Why is this important? This led to the creation of a new working group that doesn’t reflect the views of impacted parties (particularly registrants). Indeed, this new working group has ignored fundamental criticisms that were made in the public comments. For example, the Registrar Stakeholder Group’s comment noted that it “has serious concerns about a number of the recommendations in the Interim Report that are contrary to the EPDP’s charter, the position of the ICANN Board, and could prejudice the rights of domain name registrants.” (page 1)

My own detailed submission explained how this new working group’s recommendations are untenable, and the entire history of the issue (including the comments from 2019, which documented the first working group and how its efforts were sabotaged when its recommendations went before the ICANN Board). I encourage anyone who is open-minded to review those thorough submissions, and contrast them with the haphazard recommendations produced by this new sham working group.

In conclusion, the new working group’s final report must be rejected, if ICANN and the GNSO Council value integrity of their processes. In the event they accept this report, they will further delegitimize themselves, and openly declare that their processes are open to manipulation by insiders who wish to promulgate extremist policy views that have been rejected for two decades. “Backchannel sabotage” (see page 45) should not be rewarded.

 

Our Comments To ICANN Regarding The UDRP Policy Status Report

ICANN staff published a  Policy Status Report regarding the UDRP in early March 2022, which is open for public comments until this coming Tuesday (deadline is April 19, 2022 at 23:59 UTC, less than 24 hours from now).

As noted in Sunday’s blog post, ICANN staff lied to the public. The report should be rejected in its entirety. It is irrevocably flawed and should be withdrawn. ICANN staff have squandered the time and resources that were allocated for this project. It should be redone in its entirety with all the missing elements mentioned in our submission taken into account, perhaps divided amongst multiple independent research groups outside of ICANN. ICANN staff simply don’t have the research skills to do the job, given what we’ve seen to date.

For the benefit of those who have yet to submit their own comments, we have completed our own detailed comments (14 pages) a little bit early, which are also now visible on ICANN’s website. With pro-complainant voices like INTA having already made their submissions, it is important that the voices of domain name registrants be heard, to provide balance.

 

ICANN Staff Lie To Public In UDRP Policy Status Report

ICANN staff published a Policy Status Report regarding the UDRP in early March 2022, which is open for public comments until this coming Tuesday (deadline is April 19, 2022 at 23:59 UTC). Unfortunately, the staff who prepared it lie to the public, making it another worthless document for those who seek to improve the deeply-flawed domain name dispute resolution procedure. It’s clear that the fix is in, and ICANN staff are merely going through the motions in order to arrive at a predetermined outcome, one that will not address the numerous problems of the UDRP experienced by registrants. Continue reading “ICANN Staff Lie To Public In UDRP Policy Status Report”

Grove.com domain name acquired for $656,000 in 2019 by Grove Collaborative

UPDATE: May 17, 2025

In a very recent SEC filing, Grove Collaborative explicitly listed the Grove.com domain name with a value of USD $656,000 (see page 16). This differs from the prior value of USD $873,000 that was inferred in the original version of this article.

Thus, it is best to revise the value of the transaction using the newly uncovered disclosure.

While I continue to discover previously unreported domain name transactions in public financial statements, I am mostly refraining from posting new articles due to the widespread and repeated parastic copycat “journalism” in the domain name industry. To understand why parasitic “journalism” is harmful, see this document by Grok, or this document by ChatGPT.

Continue reading “Grove.com domain name acquired for $656,000 in 2019 by Grove Collaborative”

ASAP.com and related domain names acquired for $3,006,000 by Waitr

In December 2021, Waitr Holdings disclosed that they were rebranding, and had acquired the ASAP.com domain name. This was noted on Twitter by Elliot Silver (and others):

This week, Waitr’s annual report disclosed that the acquisition cost of those domain names was USD $3,006,000. This appeared on pages 53, F-6 and F-22 of the SEC filing.

Normally, DNJournal doesn’t chart transactions where the purchase price is for multiple domain names (unless the value assigned to each domain name is known). However, given that the primary domain name that was acquired was ASAP.com, with the other related domain names not even mentioned in the SEC filings, I think it’s safe to conclude that the other domain names held negligible value.

Red Alert: Get your domain names out of the UK and Australia now!

If you are a domain name owner using a UK-based or Australian-based registrar, you should seriously consider moving your domains elsewhere, as you apparently have no legal rights to judicial review in their courts after an adverse UDRP or other domain dispute procedure. In other words, you are a second-class citizen if you’re exposed to registrars in those jurisdictions, compared to other jurisdictions in the world. I would strongly recommend that you move your domain names out, or at least get your own independent legal advice.

Continue reading “Red Alert: Get your domain names out of the UK and Australia now!”

Sham ICANN Working Group Plans To Trample on Domain Name Registrants’ Legal Rights

As I warned in October 2021, an ICANN working group intends to seriously jeopardize domain name owners’ legal rights. There was a call for public comments, and my own company submitted a substantial 54 page submission, as did others.

However, the working group just posted to their mailing list a draft of their final report yesterday (see the DOCX attachment at the bottom), one that is essentially unchanged from their highly criticized initial report’s 5 recommendations. IGOs are given new rights not present in law, and instead the rights of domain name registrants to due process are ignored.

Continue reading “Sham ICANN Working Group Plans To Trample on Domain Name Registrants’ Legal Rights”

Galaxy Digital acquired the Galaxy.com domain name for $1.8 million

[UPDATED AGAIN ON FEBRUARY 11, 2023:  In a more recent filing from Galaxy, we can determine a more accurate figure for the domain name transaction, namely USD $1,761,000. This figure appears in several places in the SEC filing, e.g. as “Cash paid for purchase of intangible asset” on pages F-6, F-49, and F-123; on pages F-22 and F-85, it’s listed as “Indefinite-lived intangible asset”]

[UPDATED AGAIN ON JANUARY 31, 2022:  After further information from the buyer’s broker, it turns out that USD $1.8 million was indeed the amount received by the seller of the Galaxy.com domain name. Any additional fees that changed hands between the buyer and the buyer’s broker are more properly characterized as “success fees.”]

[UPDATED ON JANUARY 30, 2022: Based on additional information from the buyer’s broker, it’s now unclear whether the transaction price for the Galaxy.com domain name was USD $1.8 million, so we’ve adjusted the headline and text below accordingly.]

A new SEC filing by Galaxy Digital has disclosed that they purchased a domain for USD $1.8 million last year. See page F-25 of the filing, which states:

During the third quarter of 2021, the Company purchased a website domain name for $1.8 million.

While the SEC filing didn’t reveal the actual domain name, Galaxy.com was the likely candidate for the domain name upgrade, given that their current primary domain name is GalaxyDigital.io. The Galaxy.com domain name is under WHOIS privacy, which doesn’t assist us in proving the ownership of that domain. And there is no active website at present for Galaxy.com. However, there are other clues which point to Galaxy Digital as the new owner of the Galaxy.com domain name.

Continue reading “Galaxy Digital acquired the Galaxy.com domain name for $1.8 million”

Forge.com domain name acquired for $2.2 million by Forge Global

Forge Global, a private securities marketplace, revealed in a recent SEC filing that it had acquired the forge.com domain name in the third quarter of 2021 for USD $2,202,000. This was documented on pages F-96 and F-97 of the filing.

Forge Global announced in September its intention to go public in a $2 billion SPAC deal.

I Solemnly Swear That I Am Up To No Good

ICANN has a public comment period that ends today for “Proposed Revisions to the ICANN Documentary Information Disclosure Policy.” Below is a PDF of my full submission, which begins as follows:


Dear ICANN org,

In the Harry Potter series of books and films, access to the Marauder’s Map was granted by saying the phrase “I solemnly swear that I am up to no good” after tapping the map. I imagine that the ICANN staff who crafted these proposed changes to the Documentary Information Disclosure Policy (DIDP) had that quote in mind, either explicitly or implicitly, when they sat down to edit the existing version of the DIDP.

[read the rest in the following PDF]

Submission of Leap of Faith Financial Services Inc. to ICANN Regarding Proposed Revisions to the ICANN Documentary Information Disclosure Policy