.xxx TLD passes Godwin’s law milestone

ICM Registry’s application for the .xxx TLD passed a crucial milestone yesterday, when it was compared to the Nazis for the first time.
Godwin’s law states: “As an online discussion grows longer, the probability of a comparison involving Nazis or Hitler approaches one.”
That moment arrived at 11:54:09 yesterday, when an ICANN commentator by the name of Ian K posted this:

If we truly believe in *NET NEUTRALITY*, then a TLD such as XXX has no part in it. Adding the TLD to the options, along with all that it means, is no different than when the *Nazi’s* forced all of the /Jewish Faith/ to wear *yellow Stars of David*, for easy identification, and subsequent *persecution*.

Mr K’s comment comes amid a deluge of negative opinion from pornographers and Christians alike. The latter disagree with porn in principle; the former think .xxx will lead to censorship.
The .xxx discussion has been dragging on for the best part of a decade, so the Godwin milestone has been a long time coming.
Frankly, I’m surprised it took this long.

Christians descend on ICANN’s .xxx forum

It took a few weeks, but American Christian groups have finally noticed that ICM Registry’s .xxx domain is back under consideration at ICANN.
The number of comments on ICANN’s latest .xxx public comment forum has rocketed today, reminiscent of the first time this proposal was considered.
While the emails fail to address the issues at hand — how ICANN should process ICM’s application in light of the IRP decision — they do at least avoid using form letters.
The general sentiment is anti-pornography, rather than anti-.xxx.
Here’s a sample:

Please do not approve a .xxx domain for peddlers of pornography. Pornography is degrading to women and destructive to families.

and

Pornography is vile and can lead to breakdown of marriages, abuse, even murder in some cases.

and

Money talks, and the money this kind of sleaze (“Dot-XXX”) generates veritably screams.

and

History has shown that civilizations that go down this road eventually fail due to lack of moral standards. This type of internet will increase the danger of a society that has no moorings, that has no “right or wrong.” It will lead to more such atrocities such as drugs, revolting against society, even death.

I hope you’re listening, ICM Registry. You are the lead in the drinking water.
Check it out.

ICM says ICANN’s options for .xxx are ‘unacceptable’

ICM Registry has issued a speedy response to ICANN’s .xxx approval options paper, calling it “unacceptable” and urging the ICANN board to put the issue to bed ASAP.
Late Friday, ICANN published a flowchart outlining the possible ways the board could handle .xxx in the light of February’s Independent Review Panel decision, which found ICANN acted unfairly when it rejected the TLD in 2007.
ICM president Stuart Lawley said in a letter to ICANN today that most of the paths through the flowcharts “are in many respects substantively and procedurally inconsistent with the IRP declaration”.
The company believes the IRP decision resets the approval process to prior to the 2007 decision, when the two parties were in contract talks for an already-approved TLD.
The letter claims that “it would be inappropriate, illegal and inconsistent with ICANN’s core values and model of self governance for ICANN to set up an evaluative process that is lacking in objectivity and that does not affirmatively give effect to the underlying IRP declaration”.
There are presumably few people involved with ICANN in any doubt that ICM intends to take its case to the ‘proper’ courts if needs be, which is probably why its powers-that-be have been unwilling to meet with the company.
As I reported Friday, the options paper creates the possibility of re-evaluating the .xxx application under the Draft Applicant Guidebook v4 for new gTLDs, which is not yet completed.
It also suggests that ICANN will have to ask its Governmental Advisory Committee for its current opinion on the application, a move likely to stretch out a decision for months.
It also has an option to expedite the approval based on the “sponsored” TLD process under which ICM, and others such as .post and .asia, originally applied.
ICM’s latest letter is here. ICANN’s options paper can be found here. The public comment period is open here. Unlike many ICANN comments periods, it has comments.

ICANN may kick .xxx into new gTLD round

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)

Pornographers still hate .xxx

The Free Speech Coalition, a trade group for the porn industry, has condemned the proposed .xxx top-level domain as “untenable” and “detrimental”.
In a letter to ICANN, FSC executive director Diane Duke challenged ICANN’s board to “settle the issue once and for all by going to the actual community to test the application’s true level of support”.
The FSC is concerned that the introduction of .xxx, as proposed and pursued by ICM Registry for the last 10 years, will inevitably lead to government regulation of the online porn industry.
Duke wrote: “a proposal for a ‘Sponsored’ top-level domain by a company that is not of the industry, with the added intent to ‘regulate’ an industry it knows nothing about, is simply untenable”.
The FSC has an even bigger problem with IFFOR, the International Foundation for Online Responsibility, the group set up by ICM to act as its sponsoring organisation
IFFOR – a bit of a hack to get around the fact that ICM was essentially applying for a gTLD during a “sponsored” TLD round – was loosely modelled on ICANN’s own bottoms-up structure, with four supporting organisations creating policy for .xxx domains.
Judging by this flowchart, which is open to interpretation, the adult industry would control less than half the votes.
“Our resolute position is that no self-respecting industry would ever agree to have a minority voice on a board tasked with setting critical policies for its members,” Duke wrote.
While ICANN ultimately rejected .xxx due to the lack of community support, ICM did manage to get some support from other areas of the adult community back in 2005.
ICANN was found at fault when it rejected .xxx. The question now is whether ICANN decides to stand by its first decision, to approve .xxx, or its second, to reject it.
Bottom line: It can’t win either way.

Will .xxx be a slam dunk in Nairobi?

When .xxx appeared on the agenda (kinda) for ICANN’s Nairobi board meeting, it didn’t look to me like particularly spiriting news for ICM Registry.
The agenda item coyly reads “Consideration of the Independent Review Panel Declaration ICM Registry v. ICANN”.
This could quite be easily interpreted as a rather dry picking-over of the legal implications of the IRP’s findings; the board could still brush the ruling aside as “advisory” and hope Stuart Lawley isn’t waiting outside with a gang of armed (continue reading)