ICANN Approval of ICM Registry Application for .XXX

SAN FRANCISCO (AFP) – The group in charge of Internet addresses on Friday opened the door for websites ending with ".xxx" but delayed deciding whether to open the floodgates for other suffixes.

The non-profit Internet Corporation for Assigned Names and Numbers (ICANN) board voted to approve a petition to add .xxx to the list of "generic top level domains," those endings that include .com, .net, and .org.

However, resolutions considered by the board as its annual public meeting ended in San Francisco did not include whether to approve guidelines that would clear the way for essentially any Internet address endings.

"We think we are pretty close to a workable policy," ICANN board chairman Peter Dengate Thrush told AFP. "It's all part of a mission to create competition, diversity and choice."

The ICANN board scheduled a special meeting in Singapore on June 20 to vote on confirming a guide book outlining the path aspiring domain operators would need to follow to use a suffix of their choosing.

In a potential sign of how the vote will turn out, ICANN has a celebration party planned for two days after the vote.

"We have come up with a program to close the process," Thrush told AFP after the board meeting in San Francisco.

"The major points left are not show-stopping questions of principle like a matter of a veto would have been if it had been suggested."

ICANN has spent years crafting a guide for approving applications for any suggested top level domains. Currently, the agency individually endorses domain name petitions.

The process encountered controversy after feedback in a government action committee included interest by the United States in veto power to preclude the creation of top level domains such as .gay that might be blocked in some countries.

The concern evidently was that countries blocking entire domains could lead to a balkanization of the Internet. The veto option was never proposed to the ICANN board by the government action committee, according to Thrush.

"It was a suggestion by one government that was never picked up by the others," he told AFP. "It never got out of the gossip phase."

Thrush dismissed the worry, reasoning that the adult content at issue is on the Internet regardless of whether a website address ends in .gay or one of the existing terms.

"The issue is the content, which is exactly the same," Thrush said. "It doesn't change if a website becomes .gay."

The few points left to be addressed include creating an "early warning system" to alert governments to new Internet address suffixes.

The ICANN board on Friday did approve a petition to operate an .xxx domain. The request had been rejected about five years ago and was reconsidered after an appeal.

Board member Rita Rodin Johnston prefaced her "yes" vote by quoting a US expression "caught between a rock and a hard place."

"I have never felt this so poignantly as with this .xxx decision," Johnston said.

Leaders of a Free Speech Coalition adult industry trade association had protested outside the ICANN meeting in opposition to creating a .xxx domain.

Studios were afraid they would be gouged for addresses in the domain to be operated by a privately-owned ICM Registry.

Another fear was that governments might create Internet versions of red light districts by forcing porn websites into a .xxx neighborhood that could then be monitored or blocked.

It is not mandatory for adult websites to use .xxx addresses, but studios will be under pressure to take up residence there to protect trademarks and avoid confusing people looking for them on the Internet.

"We are disappointed but we are not surprised by the ICANN board's decision," said FSC executive director Diane Duke. "They have disregarded overwhelming outpouring of opposition from the adult entertainment industry."

The FSC said it plans to fight to undo the decision and will advise studios not to get .xxx website addresses.

From ICANN :

Whereas, on 25 June 2010, the ICANN Board, after substantial public comment was received on the process options available to ICANN to consider the Independent Review Panel's Declaration of 19 February 2010, the Board accepted (in part) the findings of the Panel. The Board then directed staff "to conduct expedited due diligence to ensure that: (1) the ICM Application is still current; and (2) there have been no changes in ICM's qualifications."

Whereas, ICANN staff performed the required due diligence, that showed that the ICM Application remains current and that there have been no negative changes in ICM's qualifications.

Whereas, ICM provided ICANN with a new proposed registry agreement that included additional provisions, requirements and safeguards to address the issues that the GAC and other community members had raised with respect to the previously proposed agreement.

Whereas, the proposed registry agreement and due diligence materials were posted for public comment. Over 700 comments were received, though few of the comments addressed the terms of the registry agreement. No changes to the registry agreement are recommended in response to the comments.

Whereas, on 10 December 2010, the Board agreed with an assessment that entering into the proposed registry agreement would conflict with only three items of GAC advice and directed the staff to communicate this information to the GAC.

Whereas, on 10 December 2010, the Board further determined that it intends to enter into a registry agreement with ICM Registry for the .XXX sTLD, subject to GAC consultation and advice, and thereby invoked the consultation as provided for in ICANN Bylaws section Article XI, Section 2, Paragraph 1(j). See <http://www.icann.org/en/minutes/resolutions-10dec10-en.htm#4>.

Whereas, to facilitate the Bylaws consultation with the GAC, on 25 January 2011, the Board directed staff to forward a letter from the Board to the GAC clearly setting forth the Board's position on how the ICM proposed registry agreement meets items of GAC advice, and setting forth the items of GAC advice remaining for consultation. The letter was forwarded on 11 February 2011 and is available at <http://www.icann.org/en/correspondence/jeffrey-to-to-dryden-10feb11-en.pdf> [PDF, 236 KB].

Whereas, on 16 March 2011, the GAC forwarded a letter of the Board clarifying GAC advice on the ICM matter.

Whereas, the Board has carefully considered comments from the community and the GAC in making this decision, in furtherance of ICANN's mission.

Whereas, on 17 March 2011, the Board and the GAC completed a formal Bylaws consultation on those items for which entering the registry agreement might not be consistent with GAC advice.

Resolved (2011.03.18.23), the Board authorizes either the CEO or the General Counsel to execute the proposed registry agreement for the .XXX sTLD, in substantially the same form posted for public comment in August 2010.

Resolved (2011.03.18.24), the Board adopts and fully incorporates herein its Rationale for Approving Registry Agreement with ICM for .XXX sTLD <http://www.icann.org/en/minutes/draft-icm-rationale-18mar11-en.pdf> [PDF, 221 KB] to support the entering into the proposed registry agreement.

Resolved (2011.03.18.25), the Board and the GAC have completed a good faith consultation under the ICANN Bylaws, Article XI, Section 2.j. As the Board and the GAC were not able to reach a mutually acceptable solution, pursuant to ICANN Bylaws, Article XI, Section 2.k, the Board incorporates and adopts as set forth in the Rationale the reasons why the GAC advice was not followed. The Board's statement is without prejudice to the rights or obligations of GAC members with regard to public policy issues falling within their responsibilities.

Rationale for Resolutions 2011.03.18.23 – 2011.03.18.25

Rationale for Approving Registry Agreement with ICM's for .XXX sTLD [PDF, 221 KB]

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