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.

Will ICANN punt .xxx in Brussels?

Is ICANN set to delay approval of the proposed .xxx top-level domain – again – in Brussels?
That’s my reading of ICANN’s latest document concerning ICM Registry’s long-running and controversial battle for a porn-only TLD.
This week, ICANN submitted its summary of the public comment period that ran to May 10. It’s a fair bit shorter than the one Kieren McCarthy compiled for ICM last month.
As usual, it’s written in a fairly neutral tone. But, if you’re feeling conspiratorial, the mask does slip on occasion, perhaps giving a sense of where the .xxx application could head next.
The ICANN summary occasionally breaks from reporting what a commenter actually said in order to highlight a potential problem they did not address.
Example (my emphasis):

Only two commenters directly addressed the question of further interaction with the Governmental Advisory Committee (GAC) on the .XXX sTLD Application. Both of those commenters were against seeking any further input from the GAC outside of any public comment period. Neither of these commenters – nor any other – addressed the potential violation of the ICANN Bylaws that could result from the Board’s failure to properly consider the advice of the GAC

This suggests, to me, that the ICANN board will be receiving advice to the effect that further GAC input needs to be forthcoming before it can move forward with .xxx.
If this is the case, the GAC might have to produce some advice before next Friday’s board meeting if ICM has any hope of getting back around the negotiating table prior to Cartagena in December.
That’s not the only reason to believe ICANN may punt .xxx again, however. Elsewhere in the report, we read (my emphasis again):

For those in favor of proceeding with the .XXX sTLD Application, many created an alternative option – that ICM and ICANN should proceed to a contract right away. There was substantial discussion on this point in the ICM submissions. Few commenters addressed the technical realities identified within the Process Report ‐ that prompt execution of the agreement negotiated in 2007 is not feasible.

The Process Report referenced says that it is not possible to go straight into contract talks because ICM first applied for .xxx more than six years ago.
This has been a bone of contention. ICM points to .post, which was applied for at the same time as .xxx and only approved late last year, as proof that the passage of time should be no barrier.
But ICANN president Rod Beckstrom doesn’t buy that comparison. He wrote to ICM (pdf) at the end of March noting that .post was backed by the International Postal Union, whereas .xxx is “sponsored” by IFFOR, an organization created by ICM purely to act as its sponsor.
In that letter, Beckstrom talks about due diligence to make sure ICM and IFFOR still satisfy financial and technical criteria, and a review of whether .xxx “can still satisfy the requisite sponsorship criteria”.
I’ll admit that I’m breaking out the crystal ball a bit here, and I’ve been wrong before, but I don’t think it’s looking great for ICM in Brussels.

Porn domain firm urges ICANN to ignore the haters

ICM Registry has asked ICANN to set aside the views of thousands of naysayers and approve the porn-only .xxx top-level domain as soon as possible.
The company has sent three documents to ICANN today, two of which set out ICM’s position in the same firm tone that has characterized its previous missives.
Basically: no more delays, your only option here is to get back into contract talks now.
I would say ICM is drawing a line in the sand, but ICM has drawn so many lines in the sand recently it’s beginning to look like a game of beach tic-tac-toe (which, visualizing it, is kinda appropriate).
The third document is a post-game summary of ICANN’s recently closed comment period on the .xxx application, which attracted record comments. That’s written by former ICANN public participation wonk Kieren McCarthy and is more measured in tone.
ICM president Stuart Lawley believes that the thousands of copy-paste comments from US-based anti-porn Christian groups can be safely ignored. I get the impression ICANN will probably agree.

The volume of comments on an entirely irrelevant issue – that is, the content of websites on the Internet – was one of the original reasons this process went off the rails. ICANN should not repeat its earlier mistakes and pander to those interests.

Given that a substantial number of comments came from the porn industry itself, notably the Free Speech Coalition, Lawley wrote that “debate about community support is no longer appropriate”.
ICM’s on shakier ground here than with the Christians. A TLD for a sponsored community that is unequivocally hated (NSFW) by a vocal part of that community can’t look good.
But the FSC, along with the Adult Entertainment Broadcast Network, one of its members, “represent only a small fraction of the adult industry”, Lawley claimed.
Over 100,000 .xxx domains have been pre-registered over the last five years and several hundred of these people sent ICM’s copy-paste letter to ICANN. ICM says this indicates adult industry support, though I think that’s a less than watertight argument.
ICANN’s board will undoubtedly have a good old chinwag about their current predicament at their retreat this weekend, but they’re not due to make any decisions until the Brussels meeting a little over a month from now.

ICANN closes .xxx forum after 14,000 comments

ICANN has finally shut down the latest public comment period on the proposed .xxx TLD, and now faces the task of finding the few dozen grains of wheat in about 14,000 pieces of chaff.
It’s general counsel John Jeffrey’s task to provide the round-up on this, possibly record-breaking, public comment period, although I understand ICM Registry may also provide its own, alternative, summary document.
I had a quick chat with Jeffrey yesterday. He told me comments were kept open beyond the advertized Monday shutdown because ICANN staffers are allowed to use their discretion when forums are seeing a lot of activity.
He also noted that the comment period was not a referendum on the merits of .xxx; ICANN had solicited feedback on a specific set of process options on how to handle .xxx.
It’s my impression that the 10,000+ identical form emails from the American Family Association may, rightly, wind up being considered as a single comment.

Porn trade group director says .xxx could be a gTLD

One of the directors of porn industry organization the Free Speech Coalition has suggested the .xxx top-level domain could be approved as an unrestricted gTLD.
Tom Hymes, who sits on the Free Speech Coalition’s board of directors, wrote to ICANN urging it first and foremost to kill ICM Registry’s .xxx application once and for all.
But Hymes went on to say: “If that scenario is unacceptable to the Board for one reason or another, I would then encourage it to explore a gTLD option for ICM.”
He noted that he was writing in a personal capacity, not as a representative of the FSC.
ICM’s application was filed under the 2005 round of “sponsored” TLDs, which meant it had to show backing from a sponsorship organization and some measure of ownership restriction.
For example, the Society for Human Resource Management is the sponsor for .jobs and the Universal Postal Union backed .post.
ICM, which has never been part of the adult entertainment industry, created a policy-making body called the International Foundation For Online Responsibility, IFFOR, to act as its sponsor.
In my view, IFFOR was basically a crude hack to get around the fact that in 2005 ICANN was not looking for any new gTLDs.
The FSC doesn’t like IFFOR, because a) it will make policy on what can be hosted under .xxx domains and b) the adult industry will not control its board or see any of its money.
Hymes, in his personal capacity, seems to be saying that an unrestricted .xxx gTLD would be okay. It’s the first ground I’ve seen anyone in the porn industry give in this debate. He says:

To its credit, the Board is striving to solve the dot xxx imbroglio by dangling a gTLD in front of ICM, a solution ICM thus far has refused to consider. But that sort of suspicious recalcitrance can no longer be tolerated. Instead of threatening to bring a costly lawsuit against ICANN in order to secure control of a policy making regime for which it does not have the required support, ICM should cut its losses, save everyone a lot of money and take the gTLD while it has the opportunity.

I happen to agree, mostly: .xxx would make a heck of a lot more sense, and would be a whole lot less controversial (Christians notwithstanding), as a gTLD.
Unfortunately, I can’t see it happening. Not easily, anyway.
There’s no ICANN process in place for approving gTLDs today, and if ICANN were to choose to kick ICM into the next new gTLD round, there’s a pretty good chance that ICM would find itself fighting a contested string battle with other applications.
From a process point of view, sponsored TLDs are a failed experiment.

The top ten dumbest .xxx public comment subject lines

The American Family Association is now responsible for something approaching 10,000 emails urging ICANN to can ICM Registry’s .xxx proposal.
On Thursday, the AFA asked its membership to email ICANN’s public comment forum in support of “Option #3”, which would allow it to ignore the Independent Review Panel ruling and kill .xxx for good.
It thoughtfully included suggested text for the body of the email, but encouraged its members to “(Please enter your own subject line)”.
I don’t doubt that plenty of AFA members know what it was they were commenting on, but it’s clear from their chosen subject lines that plenty more had absolutely no idea.
Here’s a Letterman-style rundown of the top-ten least-clueful subject lines I’ve come across so far.

10. How much more sin will God allow?????????????
9. Judgment day is coming
8. Dear Sir!
7. stop the cause of all of the sex crimes commited today!
6. Registered Sex Offenders — You may be next, Please proceed with caution!
5. Don’t let an ADULT bookstore enter my computer! Support option #3.
4. P*rn Channel Explosion – Option #3
3. XXX.com
2. No more porn on TV!
1. (Please enter your own subject line.)

Have you seen any better/crazier ones? Let me know.
The public comment period ends, thankfully, tomorrow.

Christians try new strategy in anti-.xxx campaign

(UPDATED) Anti-porn protesters have changed tack in their campaign to get ICANN to kill the .xxx top-level domain.
The followers of crusading PornHarms.com founder Pat Trueman are currently lobbying ICANN’s public comment forums with messages that make them look a little like the pornographers themselves:

The .XXX sponsor, ICM, never satisfied the sponsorship requirements and criteria for a sponsored Top Level Domain. The ICANN Board denied ICM’s application for the .XXX sTLD on the merits in an open and transparent forum.

The copy-paste letter paraphrases text from ICANN’s process options report in much the same way as the pro-porn Free Speech Coalition’s Diane Duke did.
Trueman’s previous effort centered on the charge that pornography is intrinsically harmful, a subject well outside ICANN’s remit.
The fact that the new campaign is orchestrated by Trueman is revealed by Trueman himself and this comment from a supporter.
So… a vehemently anti-porn group is demanding ICANN rejects .xxx on the basis that it is not supported by the porn industry?
You’ve got to admire the chutzpah.
UPDATE: Another Christian group, the American Family Association, has opened the anti-.xxx floodgates, adding hundreds of new comments to ICANN’s forums in the last couple of hours.
The American Family Association is an unabashed “champion of Christian activism” whose mantra is “We believe the Bible to be the inspired, the only infallible, authoritative Word of God.”
Not really the kind of people you’d want to be stuck in an elevator with, never mind dictating internet policy.

ICM launches .xxx letter-writing campaign

ICM Registry looks like it has taken a leaf from its opponents’ playbook, and is encouraging supporters of the proposed .xxx top-level domain to send form letters to ICANN.
The company has revamped its web site this week, to make it look a little less 2005, and part of the revamp is this page, which allows users to quickly send emails supporting the TLD to ICANN’s public comment forum, which ends May 10.
The letter addresses the substantial concerns of the comment period — namely, how ICANN should process the .xxx application in the light of February’s IRP decision, which says ICANN was wrong to reject .xxx in 2007.
In recent weeks, Christian groups and the pro-porn Free Speech Coalition have organized campaigns aimed at protesting .xxx. Both campaigns have resulted in large numbers of emails flooding ICANN.
The Christian letters are way off-topic, basically just anti-porn rants.
While the FSC letters do address ICANN’s question, they largely challenge the idea that .xxx has community support. This may end up not being a consideration for the Board.
By contrast, ICM’s letters go directly to ICANN’s core mantras of accountability and equality.
Its letter says: “Picking and choosing elements of the Panel’s declaration, or adding unnecessary procedural steps in adopting the review’s findings, would be a clear sign to the global Internet community that the organization cannot be relied upon to do its job fairly and objectively.”
The new ICM web site does, however, bear the new slogan “It’s time for adult websites to self label”.
It seems to me that this could be quite easily interpreted as a call for all adult web sites to use .xxx, which I’m pretty sure is not ICM’s intention.

Porn group starts anti-XXX campaign

Now that the Christians appear to have quietened down, the adult entertainment industry has unleashed its own letter-writing campaign aimed at crippling ICM Registry’s bid for the .xxx TLD.
The Free Speech Coalition has started urging its members to lobby ICANN with emails demanding that the .xxx proposal is rejected.
The front page of its web site started carrying the call to action earlier today, already resulting in over a dozen form complaints.
The anti-porn complaints that have flooded ICANN’s forums for the last week focussed largely on the alleged harmful effects of porn, and will probably be politely ignored.
But unlike the Christians, the FSC has read the background documents – which request comments on how ICANN should process ICM’s application – and its letters are therefore on-topic
They urge ICANN to “Adopt Option #3” by agreeing with the dissenting minority view of the Independent Review Panel that recently ruled ICANN was unfair to reject ICM back in 2007.
“Regardless of the option chosen, I ask that ICANN continue to consider the widespread opposition of the sponsored community in any further decisions concerning a .XXX sTLD,” the letters add.
The campaign is not unexpected, but it won’t make ICANN’s board of directors’ decision any easier. After all, .xxx is ostensibly a “sponsored” TLD, and a significant voice within its potential customer base does not appear to want it.
There may also be other power games at play.
ICM president Stuart Lawley claimed during his IRP cross-examination in September that the FSC had offered to support ICM in 2003, but only if it could control the sponsoring organization and collect the associated $10 per domain per year.
The ICANN comment period runs until May 10. The FSC’s own comments, from boss Diane Duke, are here.

.xxx jumps on social media bandwagon

ICM Registry, the firm behind the proposed .xxx TLD, has belatedly joined the social media revolution, setting up a Facebook fan page and a Twitter account to expound the benefits of pornographic domain names.
I’d hazard a guess that this is in response to the deluge of negative opinion currently directed at it in ICANN’s public comment forum.
If you can wade through the Christian spam there, you’ll find only a handful of people backing ICM.
Some of these comments come from policy wonks, urging ICANN to show it can be as accountable as it says it is.
Others come from random individuals, suspiciously based in ICM’s home state of Florida.
If this woman, for example, is not British ICM president Stuart Lawley’s green card lawyer, I’ll eat my beanie.
Hat tip: @mneylon