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UN group supports community .gay bid

Kevin Murphy, January 30, 2016, Domain Registries

An organization representing staff members of the United Nations has come out in support of dotgay LLC’s struggling community application for the .gay gTLD.

UN-GLOBE comprises UN employees who identify as “lesbian, gay, bisexual, transgender, and inter-sex”. Its primary goals are pushing for equal rights for these groups within the UN system.

In a letter to ICANN (pdf) earlier this month, the organization said it supports dotgay’s application, despite its Community Priority Evaluation being rejected twice.

The Economist Intelligence Unit’s judging panel has kicked out both of dotgay’s CPEs on the grounds that the applicant’s definition of “gay” includes straight people, and straight people aren’t gay.

But UN-GLOBE, echoing dotgay’s own view, wrote:

We also express our disagreement over the results of the Community Priority Evaluation of October 8, 2015 that rejected dotgay LCC’s community application based on its narrow analysis of the term gay. The term gay should be understood globally instead, as it is generally understood by the internationally diverse lesbian, gay, bisexual, transgender, queer, intersex, and ally (LGBTQIA) community represented in dotgay LLC’s application.

It might be worth noting that UN-GLOBE makes no mention of its own membership including “allies” — that is, people who are not LGBTQI but nevertheless support equal rights — in its letter or on its web site.

dotgay currently has an outstanding Request for Reconsideration against its latest CPE loss, which is expected to be decided by ICANN’s Board Governance Committee on Monday.

If ICANN closes the door on more appeals, the .gay contention set will go to auction where its rivals are Rightside, Top Level Design and Minds + Machines.

One way or another, there will be a .gay gTLD, the only question is whether it will be restricted to approved “gay community” members or open to all.

.gay applicant appeals community loss, again

Kevin Murphy, October 28, 2015, Domain Policy

dotgay LLC has appealed its Community Priority Evaluation defeat again, filing a new Request for Reconsideration with ICANN this week.

It’s an unprecedented second use of the RfR process to appeal its CPE loss, in which the Economist Intelligence Unit panel decided the applicant’s definition of “gay” was far too broad to award dotgay enough points to pass the evaluation.

But dotgay wants ICANN to initiate a third CPE, to be carried out by anyone other than the EIU.

The EIU panel said earlier this month that it had “determined that the applied-for string does not sufficiently identify some members of the applicant’s defined community, in particular transgender, intersex, and ally individuals”.

Basically, EIU was pointing out, for the second time, that transgender people and straight “allies” aren’t “gay”.

It awarded dotgay 0 out of the possible 4 points available on “Nexus” criteria, meaning the applicant failed to hit the 14 points required to win.

While the RfR dodges the transgender issue altogether, dotgay has some interesting arguments in response to the “ally” question.

It’s now claiming that “ally” refers to companies and organizations that support the equal rights cause (because non-human legal entities don’t have a gender identity or sexual preference) and to proxy registrars:

Now, since an organization or company in itself can impossibly be “lesbian” or “gay”, Requester has been seeking for a way to also position these companies and organizations in this community definition. For this reason, Requester has referred to these organizations as “allies” in the context of the LGBTQIA definition.

Furthermore, as stated in the Application, LGBTQIAs are a vulnerable group in many countries and societies, and too often still the subject of prosecution for who they are. In order to put in place safeguards for those gay community members who do not wish to be directly associated with a domain name registration, organizations and companies who in essence cannot be “non-heterosexual” should have the possibility to act as a proxy service, which is common practice in the domain name industry.

In any case, any such “ally” must be approved by an Authentication Partner in order to be able to register a domain name in its own name or in the name or on behalf of a third party who meets the LGBTQI requirements.

It’s an interesting argument, but I can’t see anything in its original application that would support such a position.

dotgay may be on stronger ground with its claim that it unfairly lost one point on the “Opposition” criteria of the CPE.

Two points were available there. Applicants could lose one point immediately if there was a single letter of opposition from a relevant, non-negligible organization.

The EIU seems to have been in possession of such a letter, though its CPE ruling does not name the opponent.

dotgay thinks the opponent was the Q Center, a community center in Portland, Oregon, which opposed dotgay in writing in 2014 but, following a change in its board of directors, retracted that opposition (pdf).

So it may be the case that dotgay unfairly lost a point.

Regaining that point would not be enough to give the company a winning CPE score, but if the EIU screwed up that may be grounds for ICANN to initiate another rerun of the CPE.

However, it’s quite rare for ICANN’s board of directors to approve an RfR.

If dotgay loses, it will either have to go to auction against its rival applicants or file an Independent Review Process complaint, its final avenue of appeal.

Read its RfR here.

.gay flunks community review for second time

Kevin Murphy, October 9, 2015, Domain Policy

dotgay LLC has failed in its bid to eliminate its competitors for the new gTLD .gay for the second time.

After an unprecedented re-run of its Community Priority Evaluation, the applicant scored just 10 out of the 16 available points.

That’s exactly the same as it scored the first time around, exactly one year ago, still four points short of success.

For the second time, dotgay scored zero from a possible four points on the “Nexus” criteria — the link between the string “gay” and the community dotgay wants to serve.

The CPE panel decision reads:

The Panel has determined that more than a small part of the applicant’s defined community is not identified by the applied-for string, as described below, and that it therefore does not meet the requirements for Nexus.

The Panel has determined that the applied-for string does not sufficiently identify some members of the applicant’s defined community, in particular transgender, intersex, and ally individuals

As I explained a year ago, when the first CPE panel flunked the applicant for exactly the same reason, dotgay’s proposed community included lots of people who would not necessarily describe themselves as “gay”.

You, possibly, for example.

If you’re an “ally” of gay people, by for example supporting equal rights, then you would qualify as “gay” under dotgay’s definition.

If you’re transgender or intersex, you would similarly captured by this definition. The panel said:

Despite the applicant’s assertions to the contrary, its own evidence here shows that “gay” is most commonly used to refer to both men and women who identify as homosexual, and not necessarily to others. The applicant’s “umbrella term” argument does not accurately describe, for example, the many similar transgender stories in the mass media where “gay” is not used to identify the subject. In these cases, “transgender” is used because “gay” does not identify those individuals.

The panel concluded that .gay “does not identify or match” the target community, and scored it zero.

dotgay had a second roll of the dice because the first CPE panel was found to have committed a process error by not sufficiently verifying the company’s many dozens of letters of support from gay advocacy organizations.

However, this error did not relate to the Nexus criteria, so a victory was always going to be a long shot.

The .gay gTLD is now heading to auction, where Minds + Machines, Rightside and Top Level Design are the other bidders.

You can read the new decision in PDF format here.

.gay is gay enough after all? ICANN overturns community panel decision

Kevin Murphy, January 22, 2015, Domain Registries

One of the applicants for .gay has won a significant battle in the fight for the controversial new gTLD.

In a shock move, a committee of ICANN’s board of directors has overturned the rejection of dotgay LLC’s Community Priority Evaluation, ordering that the case should be re-examined by a new panel of experts.

As you may recall, dotgay’s CPE was kicked out in October after the Economist Intelligence Unit panel decided that the company’s defined community was too broad to be described by “gay” as it included a lot of people who aren’t gay, such as straight people.

The decision — which I thought was probably correct — caused an uproar from dotgay’s myriad supporters, which include dozens of international equal rights and gay community organizations.

dotgay filed a Request for Reconsideration, ICANN’s cheapest but least reliable form of appeal, and today found out it actually won.

ICANN’s Board Governance Committee, which handles the RfR process, this week ruled (pdf):

The BGC concludes that, upon investigation of Requester’s claims, the CPE Panel inadvertently failed to verify 54 letters of support for the Application and that this failure contradicts an established procedure. The BGC further concludes that the CPE Panel’s failure to comply with this established CPE procedure warrants reconsideration. Accordingly, the BGC determines that the CPE Panel Report shall be set aside, and that the EIU shall identify two different evaluators to perform a new CPE for the Application

The successful RfR appears to be based on a technicality, and may have no lasting impact on the .gay contention set.

Under the EIU’s process rules: “With few exceptions, verification emails are sent to every entity that has sent a letter(s) of support or opposition to validate their identity and authority”.

It seems that the EIU was sent a bundle of 54 letters of support for dotgay, but did not email the senders to verify they were legit. The BCG wrote:

Over the course of investigating the claims made in Request 14-44, ICANN learned that the CPE Panel inadvertently did not verify 54 of the letters of support it reviewed. All 54 letters were sent by the Requester in one correspondence bundle, and they are publicly posted on ICANN’s correspondence page.36 The 54 letters were deemed to be relevant by the EIU, but the EIU inadvertently failed to verify them.

If an applicant wins a CPE it means all the other applicants are automatically excluded, and the door is now open for the EIU to rethink its earlier decision.

So do competing applicants Rightside, Minds + Machines and Top Level Design now have genuine cause for concern? Not necessarily.

CPE applicants need to score at least 14 out of 16 available points in order to win, and dotgay only scored 10 points in its original evaluation.

Crucially, the EIU panel said that because the “community” as defined by dotgay included transgender, intersex, asexual and straight “allies” of equal rights, it was too broad to score any of the available four points on the “Nexus” criteria.

The BCG could find no fault with the EIU’s determination on Nexus, so even if dotgay’s letters of support are verified according to procedure, it would not necessarily lead to dotgay picking up any more Nexus points.

The BCG wrote on Nexus: “Requester’s substantive disagreement with the CPE Panel’s conclusion does not support reconsideration”.

However, given that the EIU is going to do the entire CPE all over again with new panelists, it seems entirely possible that dotgay could win this time.

Why kicking out the .gay “community” was right

Kevin Murphy, October 21, 2014, Domain Policy

Since Dotgay’s application for a Community Priority Evaluation on .gay failed last week, there’s been some unrest among its supporters and in the media.

An effort to get #ICANNisBroken trending hasn’t exactly set the Twittersphere alight, but there have been a handful of news stories that attack the CPE decision for failing to represent the gay community.

I think the criticisms are misplaced.

The Economist Intelligence Unit, which conducts the CPEs for ICANN, got it right in this case, in my view.

Dotgay scored 10 points out of 16 on the CPE. It needed 14 to pass. A pass would have given it exclusive rights to .gay, forcing the three other applicants to withdraw.

It could have scored 14 had it managed to get 4 points out of the available 4 on the “Nexus” criteria — the strength of the relationship between the string “gay” and the community Dotgay said it wanted to represent.

The EIU scored Dotgay zero.

The reason was that Dotgay, in its application, defined its community like this:

The Gay Community includes individuals who identify themselves as male or female homosexuals, bisexual, transgender, queer, intersex, ally and many other terminology – in a variety of languages – that has been used at various points to refer most simply to those individuals who do not participate in mainstream cultural practices pertaining to gender identity, expression and adult consensual sexual relationships. The Gay Community has also been referred to using the acronym LGBT, and sometimes the more inclusive LGBTQIA. The most common and globally understood term – used both by members of the Gay Community and in the world at large – is however “Gay”.

Dotgay lost the 4 points it needed to pass the CPE almost entirely because of this paragraph.

It overstretched, and it doing so it failed to play by the ICANN rules.

Remember, the EIU was asked to determine the “nexus”, or correlation, between the gTLD string — the word “gay” — and the people Dotgay said it was trying to represent.

By trying to be as inclusive as possible to as many different sexuality/gender identities as it could, Dotgay lost sight of the fact that the gTLD string it wants only describes a subsection of those people.

LGBTQIA isn’t even a particularly well-understood acronym. The “A” could mean “Ally”, as Dotgay said in its application, or “Asexual”, as it is often (but not in Dotgay’s application) interpreted.

Dotgay tried to define “intersex” people — humans whose genitalia or other sexual characteristics do not conform to the standard male/female norms — as “gay”. Are they “gay”?

It tried to define “allies” of gay rights as “gay”. Are we?

The majority of the straight people reading this post, myself included, would characterize themselves as an “ally” of the gay community — we’re supporters of equal rights — but we would not call ourselves “gay”.

The fact that we wouldn’t is an important part of the EIU’s logic, the reason it found Dotgay had overstretched in its community definition, and as hard as I try I can’t figure out why that logic is faulty.

“Membership in the Gay Community is not restricted by any geographical boundaries and is united by a common interest in human rights,” the Dotgay application reads.

Is that not an implicit admission that the “gay community” defined in the application actually includes the majority of the populations of most right-thinking democracies?

Regardless of the EIU’s logic, there has been a moderate amount of outrage online about its decision.

The article getting the most link love appears to be this one at Slate, written by “LGBTQ activist” Marc Naimark.

First, note the acronym Naimark uses in his bio at the bottom of the piece. There are two letters missing when compared to the Dotgay application — “I” and “A”, for “Intersex” and “Ally” or “Asexual”.

Would Dotgay have won its CPE if it had limited itself to the same five letters? Maybe, maybe not. GLAAD defines “gay” as only those people attracted to the same gender. Transsexuals may not count. I and A almost certainly don’t.

Is this just nit-picking?

Not really. The point of the CPE, taken as a whole, was to allow genuine communities to avoid expensive auctions whilst preventing gaming by unscrupulous registries that would seek to claim a valuable string without a genuine community behind them.

In a previous new gTLD round, ICM Registry defined its .xxx “community” as essentially ‘anyone who wants to be a member of the community’. The .mobi registry defined its community as basically ‘anyone with a mobile phone’.

These were both attempts, in my view, to game the rules ICANN had put in place for that particularly new gTLD application round. They were both successful.

What Dotgay tried to do with its .gay application was to define its community as basically everyone. I don’t think I would call it gaming, but I might call it a failure to follow the community rules closely enough.

So is it a bad thing that Dotgay’s CPE got rejected?

I don’t think so.

Remember, Dotgay has not been ruled out of the process. It can still compete at auction with the other applicants.

If that’s too rich for it, there may even be an opportunity for the company to combine in another way with a rival applicant, rather like DotGreen did with Afilias for .green.

In Salon, Naimark wrote that a non-Community .gay — one manged by Top Level Design, Minds + Machines or Rightside, the other three applicants — will likely be awash with pornography or homophobia:

Now, instead, .gay is up for auction, with dotgay LLC facing off against three much larger rivals whose sole aim is to make as much money as possible from .gay names. That means no oversight over who gets a name or what it’s used for. Gay bashers will be able to buy .gay domains. More significantly, the largest market is likely to be among porn sites. Any legitimate use of the name by individuals, businesses, and organizations associated with the LGBTQ community will likely be drowned in a sea of sex: On the Internet, everyone will be .gay for pay.

On the face of it, that seems like a compelling argument. Wouldn’t it be nicer if .gay was devoted to worthy causes rather than gay porn? I would probably agree with that argument.

But none of the four applicants for .gay — not even Dotgay — have any prohibitions or restrictions on porn in their applications.

There’s no reason on the new gTLD program record to believe Dotgay won’t sell .gay domains to porn sites too.

Where Dotgay does have a moral advantage against its competitors is in its explicit prohibitions against homophobic speech in the domain names it sells.

One of the policies it proposes in its application is that domain names should not be “words or phrases that incite or promote discrimination or violent behavior, including anti-gay hate speech.”

The other three applicants don’t have anything nearly as specific in their applications.

But by applying as a formal, big-C “Community” applicant, Dotgay also had to promise to restrict its gTLD to a limited number of people who were members of its self-defined “community”.

This is where I struggle.

Dotgay proposes to restrict .gay to people who obtain a special code via a number of as-yet unspecified, approved “Authentication Providers” — organizations that represent sections of the LGBTQIA community.

This process has clearly been created by the applicant, in my opinion, in order to get the required number of points in the CPE’s “Registration Policies” criteria, where you have to be restrictive to win.

What Dotgay is proposing is a system whereby in order to express your homosexuality (or membership of another LGBTQIA community, including “ally”) you need to apply to an approved gay-related organization for a special code.

That just seems wrong to me.

Whatever happened to the “self-identified” gay person? I thought that “self-identification”, in the sexual and gender identity world, was a bit of a big deal.

You need a password to “come out” online? Really?

I don’t want to be accused of “straightsplaining”, so it’s a genuine question: is it okay for a registry to need to authenticate your sexual/gender identity before you can register a .gay domain?

Gay community not gay enough to win new gTLD

Kevin Murphy, October 8, 2014, Domain Registries

An applicant for .gay has lost its chance to get exclusive rights to the new gTLD, partly because the self-defined gay community it wants to represent is not “gay” enough.

Dotgay LLC is one of four applicants, and the only “Community” applicant under ICANN rules, for .gay.

But the company yesterday failed in its attempt to pass a Community Priority Evaluation, scoring just 10 out of 16 available points and failing to reach the required 14-point passing threshold.

Most of its points were lost on the “Nexus between Proposed String and Community” criteria, where 4 points were available but Dotgay scored zilch.

The CPE panel concluded that the gay community described in the Dotgay application was too broad to be described by the string “gay”, because it includes lots of people who aren’t gay — such as transgender people or heterosexual campaigners for gay rights.

Under the CPE rules, applicants can score the maximum points if their chosen string “matches” the name of the community. Partial points can be won if it “identifies” the community.

The panel decided that it did neither:

Included in the application’s community definition are transgender and intersex individuals as well as “allies” (understood as heterosexual individuals supportive of the missions of the organizations that comprise the defined community). However, “gay” does not identify these individuals. Transgender people may identify as straight or gay, since gender identity and sexual orientation are not necessarily linked.8 Likewise, intersex individuals are defined by having been born with atypical sexual reproductive anatomy; such individuals are not necessarily “gay”. Finally, allies, given the assumption that they are heterosexual supporters of LGBTQIA issues, are not identified by “gay” at all. Such individuals may be an active part of the .GAY community, even if they are heterosexual, but “gay” nevertheless does not describe these individuals

Because “gay” was not found to identify the applicant-defined community, Dotgay lost 3 points. A knock-on effect was that it lost another 1 point for not “uniquely” identifying the community.

The applicant lost another two points on the “Community Endorsement” criteria — one point for not being backed by an organization recognized as representing all gays and another because the application had received informal objections from at least one significant community member.

The CPE decision means that rival applicants Top Level Design, Rightside and Minds + Machines are back in the game.

The .gay gTLD, assuming there are no successful appeals against the CPE, is now likely headed to auction.

First three Community Objections decided: DotGay and Google win but Donuts loses

Kevin Murphy, September 10, 2013, Domain Policy

The International Chamber of Commerce has delivered the first three Community Objection decisions in the new gTLD program, killing off one application and saving two others.

These are the results:

.gay

The objection filed by Metroplex Republicans of Dallas, a gay political organization, against DotGay LLC has failed.

The panelist, Bernhard Schlink, decided that Metrolplex lacked standing to file the objection, stating:

while the conservative segment, with which Metroplex claims association, is a segment of the clearly delineated gay community, it is not a clearly delineated community in and of itself. That some LGBTQ people hold conservative political views and vote for conservative candidates may bring them into a statistical category, but does not make them connect, gather, interact, or do anything else together that would constitute a community, or, that would make them publicly visible as one.

It was the only objection against this .gay application, meaning it can now proceed to later stages of the new gTLD process.

.fly

The objection was filed by FairSearch.org, a coalition of companies that campaigns against Google’s dominance of online markets, against Google’s .fly application.

The application was originally for a “closed generic” registry, but Google has since stated that it has changed its mind and run .fly with an open registration policy.

FairSearch lost the objection, despite ICC panelist George Bermann giving it the benefit of the doubt multiple times during his discussion on its standing to object.

Instead, Google prevailed due to FairSearch’s failure to demonstrate enough opposition to its application, with Bermann writing:

A showing of substantial opposition to an application is critical to a successful Objection. Such a showing is absent here.

He also decided that Google presented a better case when it came to arguing whether or not its .fly would be damaging to the community in question.

.architect

Finally, Donuts has lost its application for .architect, due to an objection by the International Union of Architects, which supports Starting Dot’s competing application for .archi.

Donuts had argued that UIA did not have standing to object because an “architect” does not always mean the kind of architect that designs buildings, which is the community the UIA represents. It could mean a software architect or landscape architects, for example.

But panelist Andreas Reiner found that even if the UIA represents a subset of the overall “architect” community, that subset was still substantial enough, still a community, and still represented by the string “architect”, so that it did have the standing to use the Community Objection.

It also did not matter that the UIA does not represent all the “structural architects” in the world, the panelist found. It represents enough of them that its opposition to .architect passes the “substantial” test.

He eventually took the word “architect” in its most common use — people who design buildings — in determining whether the UIA was closely associated with the community in question.

On the question of whether architects would be harmed by Donuts’ plan for .architect, the panelist noted that architects are always licensed for public safety reasons.

Here are some extracts from his decision, which seem important:

Beyond concerns of public safety, habitat for human beings is of essential importance in society, at the human-social level, at the economic level and at the environmental level

it would be compatible with the above references public interests linked to the work of architects and with the related consumer protection concerns, to allow the domain name “.architect” to be used by anyone other than “architects” who, by definition, need to be licensed

The use of the top-level domain “.architect” by non-licenced architects is in itself an abuse. This top-level domain refers to a regulated professional service. Therefore all safeguards must be adopted to prevent its use by a non-licensed person.

The top-level domain “.architect” raises the legitimate expectation that the related website is the webiste of a licensed architect (or a group of licenced architects). Correct information is essential to consumers visiting websites.

Basically, Reiner trashed Donuts long-standing argument in favor of blanket open registration policies.

He noted specifically that whether to allow a gTLD to proceed might be considered a free speech question, but said that free speech often has its limits, such as in cases of consumer protection.

Worryingly, one of the pieces of evidence that the panelist considered was the Governmental Advisory Committee’s Beijing communique, which contains the GAC’s formal advice against over 500 applications.

Rejected .gay gTLD objection ruled “unfair”

Kevin Murphy, June 27, 2013, Domain Policy

dotgay LLC could be hit by another formal new gTLD objection from gay Republicans.

ICANN Ombudsman Chris LaHatte today said that it was “unfair” that a community objection filed by GOProud, a gay lobby group, was rejected by the International Chamber of Commerce.

The ICC screwed up, it seems, judging by LaHatte’s decision.

Washington DC-based GOProud, which seeks to show that not all gay rights advocates have liberal views on other issues, had filed a community-based objection to dotgay’s .gay gTLD application.

While the substance of the objection is not known, I suspect it’s politically motivated. The other objection to dotgay’s application was filed by another gay Republican organization, the Metroplex Republicans of Dallas (formerly Log Cabin Republicans Dallas).

The ICC rejected the objection because it was about 500 words over the prescribed limit, but it sent the notification to the wrong email address, according to LaHatte’s blog.

Had GOProud received the notification, it would have had time to amend its objection to rectify the mistake. However, by the time it discovered the problem the filing deadline had passed.

LaHatte wrote:

there is some unfairness in the subsequent rejection given the apparent error in the use of the wrong email. It seems to me that it would be relatively easy to unwind that decision, and permit the late filing of the objection. I can of course only make a recommendation, but in this case where there is some unfairness I think the matter should be revisited.

The Ombudsman’s role is to handle complaints about unfairness in ICANN’s actions, so it’s not entirely clear what’s going to happen in this case, given that the ICC is an ICANN subcontractor.

LaHatte’s recommendation is certainly not binding in either case. Whether the ICC changes its mind may depend on whether ICANN asks it to or not.

dotgay is the New York-based applicant founded by Scott Seitz. It’s one of four companies applying for .gay.

The other three applicants — Top Level Domain Holdings, Top Level Design and Demand Media — have each received community objections from the International Lesbian Gay Bisexual Trans and Intersex Association, a dotgay supporter.

gTLD Objector says .sex, .gay, .wtf are all okay

Kevin Murphy, December 26, 2012, Domain Policy

The Independent Objector for ICANN’s new gTLD program has given a preliminary nod to applications for .sex, .gay, .wtf and six other potentially “controversial” applied-for strings.

Alain Pellet this week told applicants for these gTLDs that he does not expect to file objections against their bids, despite an outpouring of public comments against them.

The strings given the okay are .adult, .gay, .hot, .lgbt, persiangulf, .porn .sex .sexy, and .wtf.

A total of 15 applications have been submitted for these strings. Some, such as .gay with four applicants, are contested. Others, such as .wtf and .porn, are not.

The IO is limited to filing objections on two rather tightly controlled grounds: Limited Public Interest (where the bid would violate international law) and Community (where a community would be disenfranchised).

For each of the nine strings, Pellet has decided that neither type of objection is warranted.

In his preliminary finding on .gay and .lgbt, he also noted that to file an objection “could be held incompatible with the obligation of States not to discriminate on grounds of sexual orientation or gender identity which is emerging as a norm”.

As part of a lengthy analysis of the international legal position on homosexuality, De Pellet wrote:

even though the IO acknowledges that homosexuality can be perceived as immoral in some States, there is no legal norm that would transcribe such a value judgment at the international level. Thus, the position of certain communities on the issue is not relevant in respect to the IO’s possibility to object to an application on the limited public interest ground.

For the porn-related applications, Pellet noted that any bid for a gTLD promoting child abuse material would certainly be objected to, but that ICANN has received no such application.

On .wtf, which received many public comments because it’s an acronym including profanity, Pellet observed that freedom of expression is sacred under international law.

He regarded the problem of excessive defensive registrations — as raised by the Australian government in the recent wave of Governmental Advisory Committee early warnings — is outside his remit.

Pellet’s findings, which I think will be welcomed by most parts of the ICANN community, are not unexpected.

Limited Public Interest Objection, originally known as the Morality and Public Order Objection, had been put forward in the wake of the approval of .xxx in 2010 as a way for governments to bring their national laws to bear on the DNS.

But it was painstakingly defanged by the Generic Names Supporting Organization in order to make it almost impossible for it to be used as a way to curb civil rights.

The GAC instead shifted its efforts to the GAC Advice on New gTLDs objection, which enables individual governments to submit objections vicariously based on their own national interest.

Pellet’s findings — which are preliminary but seem very unlikely to be reversed — can be read in full on his web site.

Iran warns on 29 new gTLD bids

Kevin Murphy, December 21, 2012, Domain Policy

The Iranian government has filed late Early Warnings against 29 new gTLD applications, mostly on the basis that the applied-for strings are un-Islamic and “unethical”.

Bids for .gay, .sex, .wine, .bet, .poker and others relating to sexuality, alcohol and gambling are “in conflict with ethical standards” in Iran, according to the submissions.

We hear that the 29 warnings were filed with ICANN’s Governmental Advisory Committee December 10, well after the November 20 deadline that most other governments on the GAC stuck to.

We understand that problems obtaining visas for ICANN’s meeting in Toronto this October may have been blamed for the delay.

The initial batch of Early Warnings for the most part overlooked “moral” problems with gTLD strings, focusing far more on consumer protection, defensive registration costs and geographic sensitivities.

Not so with the Islamic Republic of Iran, which is much more concerned about words it believes promote anti-Islamic behavior or represent Islamic concepts without the required community support.

The government says in its opposition to .gay, for example, that the gTLD would be responsible for:

Agitation and irritation of the humanity and faith; and spread of hatred and hostility in the society.

Encourage people to perform non-religious, Unethical and Non-rational actions in the society.

Encourage people on doing unlawful actions according to Islam religion in the society.

Getting away society from healthy environment for doing daily activities.

Several other Early Warnings use the same or similar language. Iran suggests that the applicants could remedy the problem by banning registration in Islamic nations.

Not all of its warnings are related to sex, drink and gambling, however.

It’s also objected to .krd, which has been applied for to represent the Kurdish community in the region, saying it could “raise serious political conflicts” and lacks support.

The .eco applicants have also been hit with warnings on the grounds that ECO is an acronym for the Economic Cooperation Organization, a regional intergovernmental organization focused on trade.

ECO meets the criteria for IGOs to register .int domains, according to Iran, which is the GAC’s current proposed method of creating a list of protected second-level domain names for IGOs.

The full list of Iran’s objections is published here.