ICANN's General Counsel: .XXX Will Get the Green Light

[Barefootsies]

The bell has tolled....

BRUSSELS, Belgium — ICANN'S top legal official told its board of directors that the panel will likely approve the sponsored top-level domain tomorrow when it is put up for vote.

ICANN general counsel John Jeffrey told the board it will likely vote to approve .XXX subject to due diligence on ICM Registry's financial and technical capabilities.

The board is looking to approve the application conditional on review of GAC advice AND sponsorship community.

The .XXX proposal has many in the online adult industry worried that it would amount to the creation of a red light district on the Internet.

Diane Duke, the Free Speech Coalition's executive director, said ICM's initiative could end up setting policies that harm its businesses. Duke is in Brussels to lobby against .XXX.

"ICM still has a long way to go," Duke told XBIZ. "It is not a surprise that ICANN accepted the findings of the independent-review panel. This was ICANN’s first IRP process and to not accept its findings would call the entire process into question.

"From what I heard today, the conditions that ICANN put in place to approve ICM’s application included taking into account GAC’s position — solidly opposed in 2007 — and that the application still meets the sponsorship requirements today," she said.

"These are obstacles that ICM will have a very difficult time overcoming."

But ICM Registry CEO Stuart Lawley, in a letter on his company's website, has remained optimistic over the possibility of .XXX coming into fruition.

"While most Internet extensions are used for just about everything you can imagine, .XXX will be focused on providing an online home for those members of the adult industry who wish to self-identify and responsibly self-regulate," he said in the letter. "We are excited about the idea — and we know you will be too."

Lawley told XBIZ that Jeffrey focused on previous decisions by ICANN over .XXX and "that [ICANN] was going to accept the panels findings that we had met the criteria in June 2005 and the board were wrong to overturn that decision in 2007.

"He proposes they will perform some perfunctary due diligence to make sure ICM is still current and then present a new contract to the board for signing," he said.

In March, ICANN delayed a vote on ICM's proposal to sell .XXX domain names and directed its general counsel and chief executive to seek public comment.

ICANN received thousands of entries from adult companies and other stakeholders, as well as the general public. Most posted items against the implementation of .XXX.

Earlier in the year, dispute-resolution judges, 2-1, ruled in favor of ICM agreeing that ICANN's decision to nix .XXX were arbitrary.

ICM Registry's proposal would make it the gatekeeper for the sTLD, requiring it to monitor registrant compliance with content site-labeling requirements.

.XXX would be dedicated exclusively to adult content and could be used by some states as a means to force all unwanted or illegal content to migrate to that sTLD that could then be easily monitored or filtered.

ICM’s plan also would require a set of “best practices” to protect children online and fund the International Foundation for Online Responsibility, an independent organization ICM has said it would create if approved.

ICM pledges to donate $10 of the proposed annual fee of $60 for a .XXX domain name to child-protection groups and require users of .XXX to label their content.

Lawley said that there's a "detailed rollout procedure" included in the draft contract that would allow the sTLD to begin selling names after 180-210 days if it is approved.

http://www.xbiz.com/news/122139

[BFT3K]

".XXX would be dedicated exclusively to adult content and could be used by some states as a means to force all unwanted or illegal content to migrate to that sTLD that could then be easily monitored or filtered."

I wonder who will determine what defines "unwanted" and "illegal" content?

[alias]

Well, at least money won VS the religious idiots this time.

[kane]

Originally Posted by BFT3K

".XXX would be dedicated exclusively to adult content and could be used by some states as a means to force all unwanted or illegal content to migrate to that sTLD that could then be easily monitored or filtered."

I wonder who will determine what defines "unwanted" and "illegal" content?

I have a feeling that kind of thing won't be happening here in the US. If any state decided to create this rule there would be a legal challenge and I would imagine it would be struck down. I guess you can never know for sure, but the supreme court did rule that filtering software is an adequate form of protection for keeping kids away from porn.

[Barefootsies]

Originally Posted by kane

I have a feeling that kind of thing won't be happening here in the US. If any state decided to create this rule there would be a legal challenge and I would imagine it would be struck down. I guess you can never know for sure, but the supreme court did rule that filtering software is an adequate form of protection for keeping kids away from porn.

Good point sire.

[Zorgman]

Great just another domain(s) to filter for the Australian gov.

Filter any domain with .xxx in it. That would be easy for them.

[BFT3K]

So hurry up and register your .xxx extension everyone!

Your site could be the first one filtered off the net!

Don't miss out!

[crazytrini85]

Let the trademark war begin.

[marcop]

Originally Posted by BFT3K

So hurry up and register your .xxx extension everyone!

Your site could be the first one filtered off the net!

Don't miss out!

[SpongeBub]

Even if it is approved, you guys can still win - just don't register any domains with .xxx. You win - Lawley loses. Seems simple to me.

[BFT3K]

Originally Posted by SpongeBub

Even if it is approved, you guys can still win - just don't register any domains with .xxx. You win - Lawley loses. Seems simple to me.

[Don Pueblo]

dont register domains, that simple. will never be mandated so fuck that guy

[Cyber Fucker]

Dammit, should I already prepare my wallet? I bet they will put crazy reg fee not to mention preorder applications, like with .co ($300) or even more... only big whales will gain a pretty penny... most won't even touch the top ones.

[wasteland]

My consistent comment on dot xxx from day one remains the same.
Stuart Lawley is a blood sucking maggot.

(tell us how you really feel, Colin!)

[wasteland]

p.s.
here is the more detailed report from Tom Hymes who is in Brussels for this:
http://business.avn.com/articles/Bru...ay-401239.html

Read carefully, looking for Greg Dumas comment to the board.

et tu, Brute?

[PornMD]

From a new TLD perspective, given there's no value in anything besides adult terms or ones that could be used as adult (dating), and the adult industry has been going downhill lately, I'm not sure there's all that many domains worth getting from a speculation perspective. Kind of funny - all that wait on the extension will likely pretty much kill whatever success it could have had.

[Don Pueblo]

snakes in the grass.

[DEA - banned for life]

if you have the .xxx you damn sure better have the .com as well or its a wash as far as advertising

[Evil Chris]

Originally Posted by wasteland

p.s.
here is the more detailed report from Tom Hymes who is in Brussels for this:
http://business.avn.com/articles/Bru...ay-401239.html

Read carefully, looking for Greg Dumas comment to the board.

et tu, Brute?

Hell Colin.... why not put it right here.

A few other non-adult-industry people expressed their opinions, and then the only other person from the adult entertainment industry, Gregory Dumas, stepped to the mike.

?My name is Greg Dumas and I represent PanaNames, which is the only ICANN accredited registrar in the country of Panama, next in Colombia, which is a great place and I highly encourage everyone to attend that conference.

?But we also host a lot of adult domains and I personally have been in the adult industry since 1994 in various capacities. And I would like to say that I'm also a former board member of the FSC and a strong supporter of the FSC, and I'd like to say that there is support in the community?it is a hot topic and a lot of people are talking about it?and there is a lot of quiet support for it and a lot of people?unlike myself, who is standing up here with a microphone in front of them?who don't really want to talk about it too much because they're afraid of a little bit of a backlash that could come because a lot of the people who are against it are their customers, and that's important to understand.

?But there is support for it. Heck, I support it and I'm from the adult industry and my clients who own some of the larger domains, or more popular domains in the industry, also support it. They're not afraid of possibly losing value of their domains that they've invested a lot of money in, whether it's developed domains or whatever it is, and I'd like to just go on record as saying that there is support and I think it would be a good thing to have, and especially nowadays. So that's all I wanted to say.

?Again, I'm here representing PanaNames, and not the adult industry. Thank you.?

[alias]

[baddog]

Originally Posted by SpongeBub

Even if it is approved, you guys can still win - just don't register any domains with .xxx. You win - Lawley loses. Seems simple to me.

Originally Posted by wasteland

p.s.
here is the more detailed report from Tom Hymes who is in Brussels for this:
http://business.avn.com/articles/Bru...ay-401239.html

Read carefully, looking for Greg Dumas comment to the board.

et tu, Brute?

Wouldn't really expect much of a comment. He pretty well laid it out there.

[babymaker]

They should just force adult off .coms and to .orgs anyways since porn doesn't make enough money to warrant a .com anymore :D

[Brujah]

The best ones will sell for a lot of money, and it'll be a speculators dream for a little while. Easy money. Good names are all going to get registered by someone, it might as well be you.

[imabro]

flu to brussles to say that

[Don Pueblo]

how did that greg dumas tool get all that out of his mouth with lawley's cock wedged in there so tight?

[XPays]

Tom Hymes with excellent coverage there

[Barefootsies]

Originally Posted by babymaker

They should just force adult off .coms and to .orgs anyways since porn doesn't make enough money to warrant a .com anymore :D

I doubt most of adult WM will be giving up their .com's.

[ottopottomouse]

Originally Posted by BFT3K

So hurry up and register your .xxx extension everyone!

Your site could be the first one filtered off the net!

Don't miss out!

What happens now though. Will anybody with a good adult used .com have some sort of claim over the exact same .xxx?

[closer]

Originally Posted by ottopottomouse

What happens now though. Will anybody with a good adult used .com have some sort of claim over the exact same .xxx?

And if the .com isn't used but the .net is ...

[Redrob]

The ICANN Board voted with two abstentions to send the matter to the GAC for evaluation. The Board members are very aware of the lack of industry support for the .XXX and some felt forced into making the decision. The issue is still a long way from being resolved.

Mr. Lawley is glad that they didn't outright kill it. I wouldn't spend $60 on a bad investment that is going to be used as an example of industry support for XXX.

[Kolargol]

if there is profit we will all buy it, but chances are slim.

[Barefootsies]

Originally Posted by Redrob

The ICANN Board voted with two abstentions to send the matter to the GAC for evaluation. The Board members are very aware of the lack of industry support for the .XXX and some felt forced into making the decision. The issue is still a long way from being resolved.

Mr. Lawley is glad that they didn't outright kill it. I wouldn't spend $60 on a bad investment that is going to be used as an example of industry support for XXX.

I do not think that the industry support or not will matter this time around.

[Rankings]

the registars are going to make some serious bank with the 10's of 1000's of registered domains that will take place the day of the launch ... if it goes thru

[seeandsee]

somebody will bank big cash on this, internet eat small people

[Evil Chris]

Originally Posted by 2bet

the registars are going to make some serious bank with the 10's of 1000's of registered domains that will take place the day of the launch ... if it goes thru

like pananames?

[Fiddler]

we'll be grabbing our .xxx just for brand reasons, but we're trademarked anyways so we're not worried.

[Don Pueblo]

people were saying all along that so called "industry leaders" were involved with that lawley character. there are more i guarantee it. they've shaken your hands at those bro shows and smiled in your face. i never liked that dumas douchebag anyhow. always was a snake.

[Barefootsies]

Originally Posted by Don Pueblo

people were saying all along that so called "industry leaders" were involved with that lawley character. there are more i guarantee it. they've shaken your hands at those bro shows and smiled in your face. i never liked that dumas douchebag anyhow. always was a snake.

Yep. There are some well known BROs who have supported XXX all along.

[Quentin]

Originally Posted by Barefootsies

I do not think that the industry support or not will matter this time around.

Actually it might well matter, because sponsoring community support is arguably part of the criteria for making sure that ICM's meeting of the eligibility requirements is "current."

In other words, just because ICM provided what was (eventually, retroactively) deemed sufficient evidence of sponsoring community support for their 2005 proposal, it does not necessarily follow that they have what the ICANN board would consider sufficient support now, 5 years later.

I'm fairly certain there will be another round of public comment on this issue; the real questions are what will ICANN seek comment on, and will it include requiring ICM to demonstrate current sponsoring community support, and/or supply a less laughable definition of "sponsoring community" than the one they've most recently endorsed - which essentially boiled down to "the sponsoring community = people who want to register .XXX domains."

[colin farrell]

Originally Posted by Quentin

Actually it might well matter, because sponsoring community support is arguably part of the criteria for making sure that ICM's meeting of the eligibility requirements is "current."

In other words, just because ICM provided what was (eventually, retroactively) deemed sufficient evidence of sponsoring community support for their 2005 proposal, it does not necessarily follow that they have what the ICANN board would consider sufficient support now, 5 years later.

I'm fairly certain there will be another round of public comment on this issue; the real questions are what will ICANN seek comment on, and will it include requiring ICM to demonstrate current sponsoring community support, and/or supply a less laughable definition of "sponsoring community" than the one they've most recently endorsed - which essentially boiled down to "the sponsoring community = people who want to register .XXX domains."

Yes, but without owners and people who matter standing up and saying so, they will get the support fauxed in there now.

People here have given up.

[Quentin]

Originally Posted by colin farrell

Yes, but without owners and people who matter standing up and saying so, they will get the support fauxed in there now.

People here have given up.

Yeah, sadly you probably right about that.

[baddog]

Too bad we can not all afford to fly to Belgium for an overnighter.

[Barefootsies]

Originally Posted by baddog

Too bad we can not all afford to fly to Belgium for an overnighter.

We can put BD on the case.

[u-Bob]

And the guy still claims to have our support F*cking pos liar.


No to the .XXX tld!!!!

[femdomdestiny]

Am I crazy or what? They are trying to tell me to buy domain for 60 bucks and that domain will be behind filter for sure, so I will have less traffic to deal with?

why would I do that?

[ThumbLord]

the best thing would be doing nothing, now if some idiot "buys" your domain(s) with the .xxx extension just sue the fuck out of him/them.
this is my humble opinion, since if you own the .com extension you are entitled to have the .xxx as well, correct me if I am wrong.
now .......... this .xxx is a failure, if it reaches 50K at June 2011, we are all doomed since YOU did fall for this scam.

[ArsewithClass]

Originally Posted by ottopottomouse

What happens now though. Will anybody with a good adult used .com have some sort of claim over the exact same .xxx?

I have heard through Stuart Lawley, They allow those that purchased the first of that domain the allowance. So if anyone rushed out to purchase a good domain including a .com it shouldnt matter now especially if you prebooked the .xxx He says "that we only allowed names registered before a certain date to pre- reserve, i think it was some time in 2006".

If you owned blablabla.co.uk or blablabla.com in 05 and then someone purchased blablabla.com or .co.uk in 09 the 05 gets the pre booking...

Some people are going to be losing out here but its down to the one that thought of the domain first.

[HomerSimpson]

Originally Posted by ThumbLord

the best thing would be doing nothing, now if some idiot "buys" your domain(s) with the .xxx extension just sue the fuck out of him/them.
this is my humble opinion, since if you own the .com extension you are entitled to have the .xxx as well, correct me if I am wrong.
now .......... this .xxx is a failure, if it reaches 50K at June 2011, we are all doomed since YOU did fall for this scam.

[Fabien]

This is the worst thing that could ever happen. A sort of a "ghetto" created. Fuck.xxx names, it will be a nightmare trust me.