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ICANN Brussels – .xxx approved but not approved

The controversy over the .xxx top-level domain has for the last few years, at least from one point of view, centered on opposing views of whether it was already “approved”.

ICM Registry has long claimed that ICANN “approved” it in 2005, and believes the Independent Review Panel agreed with that position. ICANN said the opposite.

Regardless of what happened in Brussels yesterday, when the board grudgingly voted to reopen talks on .xxx (to a surprisingly muted audience response), the question of whether .xxx is “approved” is definitely not over yet.

ICM tweeted shortly after the ICANN’s board’s decision:

@ICMRegistry: We are delighted to announce that the #ICANN Board has approved the .xxx top-level domain.

But a couple of hours later, ICANN chair Peter Dengate Thrush told us at a press conference that it categorically was not “approved”.

In terms of getting its point across to the media, ICM’s message trumped ICANN’s, judging by the headlines currently scrolling past me on Google News.

I guess this boils down to a question of definitions.

From the ICANN perspective, a TLD is presumably not “approved” until a contract has been signed and the board has resolved to add it to the root.

The board’s decision yesterday merely sets out the track towards that eventuality, with a few hurdles scattered along the way. In conversation with ICM people, I get the impression they believe the hurdles are low and easily surmountable.

Crucially for ICM, the issue of community support, the stick with which ICANN nearly killed .xxx back in 2007, is now off the table. There will be a quick review of ICM’s books and technical capabilities, but the views of the porn industry now seem pretty much irrelevant.

The only real way I can see .xxx being derailed again now is if the Governmental Advisory Committee issues future advice that unequivocally opposes the TLD.

As Kieren McCarthy noted in some detail over on CircleID, the GAC has never had a hell of a lot of substantial advice to impart about .xxx in its official communiques, so it’s difficult to see where a clash could arise based on its previous missives.

But with the GAC currently using bogus “morality and public order” arguments to jerk everybody around with regards the next new TLD round, it’s not entirely impossible that it could lob one final grenade in ICM’s direction.

This story ain’t over yet.

ICANN Brussels – some of my coverage

Kevin Murphy, June 26, 2010, Domain Policy

As you may have noticed from my relatively light posting week, it really is a lot easier to cover ICANN meetings remotely.

The only drawback is, of course, that you don’t get to meet, greet, debate, argue and inevitably get into drunken fist-fights with any of the lovely people who show up to these things.

So, on balance, I think I prefer to be on-site rather than off.

I was not entirely lazy in Brussels this week, however. Here are links to a few pieces I filed with The Register.

Cyber cops want stronger domain rules

International police have called for stricter rules on domain name registration, to help them track down online crooks, warning the industry that if it does not self-regulate, governments could legislate.

.XXX to get ICANN nod

ICANN plans to give conditional approval to .xxx, the controversial top-level internet domain just for porn, 10 years after it was first proposed.

Governments mull net censorship grab

Governments working within ICANN are pondering asking for a right of veto on new internet top-level domains, a move that would almost certainly spell doom for politically or sexually controversial TLDs.

Council of Europe wants ICANN role

Kevin Murphy, June 7, 2010, Domain Policy

The Council of Europe has decided it wants to play a more hands-on role in ICANN, voting recently to try to get itself an observer’s seat on the Governmental Advisory Committee.

The Council, which comprises ministers from 47 member states, said it “could encourage due consideration of fundamental rights and freedoms in ICANN policy-making processes”.

ICANN’s ostensibly technical mission may at first seem a bit narrow for considerations as lofty as human rights, until you consider areas where it has arguably failed in the past, such as freedom of expression (its clumsy rejection of .xxx) and privacy (currently one-sided Whois policies).

The Council voted to encourage its members to take a more active role in the GAC, and to “make arrangements” for itself to sit as an observer on its meetings.

It also voted to explore ways to help with the creation of a permanent GAC secretariat to replace the current ad hoc provisions.

The resolution was passed in late May and first reported today by IP Watch.

The Council of Europe is a separate entity to the European Union, comprising more countries. Its biggest achievement was the creation of the European Court of Human Rights.

ICANN may kick .xxx into new gTLD round

Kevin Murphy, March 27, 2010, Domain Registries

ICANN has chosen to deal with the controversial .xxx TLD application by leaving essentially all options, including urging it into the next gTLD round, wide open.

ICM Registry had pushed for a speedy resolution to its long-running application, following the Independent Review Panel decision that went in its favour last month, but it hasn’t got one.

In Nairobi, ICANN’s board asked ICANN’s staff to tell it what its options were for dealing with the ruling, and staff today responded with this flowchart. Oh, and this flowchart.

It seems that these options are still on the table: (continue reading)

Cyber cop wants Whois privacy shake-up

Kevin Murphy, March 7, 2010, Domain Policy

Registrars should be made to police Whois so cops can take down illegal sites faster, even if domain name prices have to go up as a result, ICANN’s Government Advisory Committee has been told.

Speaking at the GAC hearing on new gTLDs in Nairobi this afternoon, Paul Hoare of the UK’s Serious and Organised Crime Agency called for (continue reading)