ICM faces porn anger over .xxx

ICM Registry executives took the brunt of angry opposition to the .xxx top-level domain from pornographers at an adult industry trade show this week.
A two-hour session on .xxx, which took place at The Phoenix Forum in Arizona the day after ICM and ICANN signed their registry contract, saw the new TLD attacked on multiple fronts.
Defending, ICM’s Vaughn Liley tried to explain why .xxx isn’t as bad as many in the US adult industry believe but, on the back foot from a misjudged opening gambit (asking the openly hostile audience of pornographers if any of them supported child porn), often found himself adding to the confusion.
Now that .xxx has been approved and the contract signed, the discussion focused largely on how ICM and its policy body, the International Foundation For Online Responsibility, will actually function.
Pornographers wanted to know, for example, why anybody would want to invest in marketing a .xxx domain if IFFOR could one day make a policy that excluded their business from the TLD.
I get the impression that the pro-ICM speakers, which included Greg Dumas of GEC Media, could have benefited from having copies of the company’s policy documents in front of them.
At one point, Liley flatly denied that ICM plans to “spider” .xxx domains to enforce compliance with IFFOR policies, such as the prohibition on meta tags that suggest the presence of child pornography.
Minutes later, a .xxx opponent read aloud from the IFFOR policy (pdf) that says all registrants must consent to “automated monitoring”.
A semantic misunderstanding? Possibly. But it left Liley facing calls of “liar” from the audience.
The question of whether this monitoring will extend to, say, .com domains, if the registrant chooses to redirect their .xxx names, was left unanswered.
IFFOR policies will be created by a Policy Council of nine members, five of which will be drawn from the adult entertainment industry.
Earlier in the discussion, Liley denied that IFFOR’s board of directors or ICM will have “veto” power over these Policy Council policies, calling it “factually incorrect”.
Again, an audience member reading aloud from the IFFOR Policy Development Process document (pdf) showed that the IFFOR board has the ability to block a policy under certain circumstances.
Not only that, but ICM gets to object to policies that emerge from IFFOR, under certain circumstances. If this happens, ICM will work with IFFOR “to modify the Proposed Policy to address any concerns identified by ICM”.
There may be enough limitations on ICM’s powers to mean it’s not technically a “veto”, but it’s close.
It makes perfect sense for ICM to have this safeguard, of course. If IFFOR were to be captured by the haters, they could easily make mischief that could ruin its business.
Many of the other questions raised at the forum related to issues that will effect all new TLD launches and concern all new TLD opponents, such as brand protection.
My conclusion after watching the two-hour session: ICM needs to work on its messaging.
The company actually has several ideas for how it could help the porn industry make money, but you wouldn’t know it from any of its public statements to date.
If you have a free couple of hours, the video can be watched here.

ICANN director has .xxx job offer

Sebastien Bachollet, recently installed on the ICANN board as its first elected “At Large” director, has been offered a job working for the .xxx top-level domain, it has emerged.
According to a board “statement of interests” (pdf) released yesterday, independent technology consultant Bachollet:

has been invited to be a member of the Board of the International Foundation for Online Responsibility (IFFOR), which is set up to be the sponsoring organization for the .XXX sTLD, should ICM be awarded a contract for the .XXX sTLD.

He’s only the second person to be named as a potential member of the IFFOR board, after Canadian entrepreneur Clyde Beattie.
It goes without saying that Bachollet will be recusing himself from the (final?) ICANN board vote on ICM Registry’s .xxx contract, set for the San Francisco ICANN meeting March 18.
If .xxx is approved, IFFOR will create policies governing the .xxx TLD. It will be made up of a mixture of the adult industry, security, child protection and free speech advocates.
The SOI also revealed, in an ambiguously plural statement, that: “IBM may apply for new gTLD”.

ICANN rejects porn domain info request

ICANN has turned down a request from porn trade group the Free Speech Coalition for more information about the .xxx top-level domain application, including a list of its pre-registrations.
The organization sent a letter (pdf) to the FSC’s director Diane Duke last week, saying that the materials it requested about ICM Registry and IFFOR, its sponsorship body, are confidential.
This would make the information exempt from ICANN’s Documentary Information Disclosure Policy.
The FSC had specifically requested:

1. The list of the IFFOR Board members;
2. The list of proposed members of the Policy Council;
3. IFFOR’s Business Plan/Financials;
4. Business Plan/Financials Years 1‐5 utilizing 125,000 Initial Registrations;
5. The list of .XXX sTLD pre-registrants who have been identified to ICANN; and
6. ICM’s Proof of Sponsorship Community Support as submitted to ICANN.

According to ICANN, ICM was asked if it would like to lift the confidentiality restrictions and ICM did not respond.
The FSC believes that many of .xxx’s 180,000+ pre-registrations are defensive in nature, made by pornographers who would really prefer that the TLD is never approved, which ICM disputes.

Porn group tries to delay .xxx bid

The Free Speech Coalition has asked ICANN to prove that the .xxx top-level domain application has the level of support that ICM Registry claims it has.
The FSC, which represents thousands of porn webmasters, has filed a request under ICANN’s Documentary Information Disclosure Policy for a list of the people who have already pre-registered .xxx domains, among other items.
The organization wants to prove that .xxx has no support among the adult community, and that most of ICM’s 179,000 pre-registrations are made by domainers or are defensive, made by pornographers who really don’t want .xxx.
FSC president Diane Duke wrote to ICANN general counsel John Jeffrey (pdf):

The adult entertainment community – the community which would be most impacted by the introduction of a .xxx sTLD – requires more information about the application in order to provide the appropriate level of feedback to the ICANN Board for it to make an informed decision.

The FSC also wants ICANN to add another 30 days to the current public comment period after the disclosure is made, to give it a chance to respond properly to the new data.
This would, of course, add further delay to the .xxx application.
The FSC also wants to know more about IFFOR, the International Foundation For Online Responsibility, the policy body that would oversee .xxx.
Specifically, the DIDP request covers the names of IFFOR’s board of directors, policy council members, business plans and financial projections.
ICM is opposed to the request and will be officially responding shortly. Its president, Stuart Lawley, told me the information the FSC has requested is known to ICANN, but that it’s confidential.
He also said that the issue of community support is already closed; ICANN made that decision five years ago, a decision that was reinforced earlier this year by an Independent Review Panel.

ICANN posts .xxx contract for comment

ICANN has just published the proposed contract for ICM Registry’s porn-only .xxx top-level domain, and over a dozen supporting documents.
Now the fun begins!
Another 30-day public comment period is now underway, which will likely see more concerted efforts by the Free Speech Coalition and its accidental allies on the religious right to have .xxx killed off.
It will also be interesting to see whether the ICANN Governmental Advisory Committee decides to chip in with its $0.02.
The GAC has always been wary of the .xxx application and remains the tallest hurdle to jump before the TLD has a chance of being approved.
There’s a lot of information in these documents, including much more detail on IFFOR, the International Foundation For Online Responsibility, which will set the TLD’s policies.
I’m going to bury my nose in these docs, and will provide an update later if I find anything interesting, which seems likely.

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.