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FSC steps up anti-.xxx campaign

Kevin Murphy, August 16, 2011, Domain Registries

The Free Speech Coalition is trying to rally its supporters into a legal nastygram campaign against ICM Registry ahead of the launch of .xxx next month.
The California-based porn trade group wants webmasters to inform ICM that if it sells their trademarks as .xxx domains, they may sue.
It’s released a template letter (pdf) for members to use. It reads, in part:

ICM is now on notice that the registration of any domain name using the .XXX extension that is identical or confusingly similar to one of the trademarks or domains listed on Exhibit A will violate (COMPANY NAME)’s intellectual property rights and constitute an unfair business practice. ICM must take steps to prevent such activity before it can occur. Failure to take affirmative steps to prevent this conduct will establish ICM’s substantial liability.

The FSC believes that because .xxx is squarely aimed at porn webmasters, it smells like a shakedown a lot more than a more generic-sounding string would.
Its tactics are interesting – encouraging others to issue legal threats instead of doing it itself.
As I’ve previously noted, top-level domain registries based in the US have a pretty good legal defense against cybersquatting suits under the Anticybersquatting Consumer Protection Act.
Whether those defenses extend to claims of trademark infringement is a different matter. As far as I know, a sponsored gTLD manager has never been sued on these grounds.
The .xxx gTLD is of course one of the most cybersquatting-unfriendly namespaces ever, in terms of the number and strength of its trademark protection mechanisms.

More government domain name censorship?

Kevin Murphy, April 28, 2011, Domain Policy

The government of Turkey has reportedly just kicked off a Draconian crackdown on domain names that contain words relating to sex and pornography.
According to the Hürriyet Daily News, a local daily newspaper, the telecommunications authority today send a list of 138 banned strings, many of them English words, to Turkish web hosts.
If the report is to be believed, any web sites containing any of the banned words in the domain will be shut down, even if the offending string is caused by two unrelated words running together.

The affect of the decision could see the closure of many website that feature the banned words. For example, the website “donanimalemi.com” (hardwareworld.com) because the domain name has “animal” in it, a banned word and likewise “sanaldestekunitesi.com,” (virtualsupportunit.com) would not be able to operate under its current name because it has “anal” in it; also among the 138 banned words.

In addition to many Turkish and English words, apparently the number 31 is also verboten, because it is local slang for “masturbation”.
The report suggests that the ban affects domain names in .com, not just in Turkey’s .tr country-code domain, but that it only affects web hosts, rather than access providers or registrars.
If the report is accurate (a machine translation of this regulator press release, in Turkish, suggests that it may be), it may be the strangest piece of government domain censorship in the internet’s short history.
Thankfully, if it only applies to web hosts (rather than to ISPs and domain registrars) I can’t see it having much of an impact.
If you host in Turkey, I expect that switching to a foreign provider will in many cases be fairly straightforward.
If there are any Turkish speakers reading this who are able to shed light upon this bizarre story, please do get in touch.