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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)

Pornographers still hate .xxx

Kevin Murphy, March 24, 2010, Domain Registries

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)