Learn from the mistakes of others

XXX takes on US Government
Louisa Hearn
May 23, 2006
http://www.smh.com.au/news/breaking/xxx-takes-on-the-us-government/2006/05/23/1148150236099.html

A failed bid to establish a .xxx domain has stirred up a political storm with its backer challenging the US Government over its involvement in the demise of the virtual red-light district.

The .xxx domain was initially proposed by a body called the ICM Registry to take the place of the .com domain for the adult entertainment industry, which strongly advocated its creation. However it was shelved earlier this month when ICANN, the Internet's key oversight agency voted to reject its proposal.

In response to the move, the ICM Registry has moved to sue two US government departments for access to documents it believes will reveal the full extent of their efforts to lobby for rejection of the domain name.

ICM Registry has spent six years attempting to establish the domain name and its approval by ICANN was widely aniticipated[sic] last August.

However the final vote was placed on hold following the receipt of a letter from Michael Gallagher, assistant secretary at the US Commerce Department who said he had received thousands letters and emails from concerned individuals urging further debate.

After further consultation with interested parties, the proposed domain was once again tabled for discussion at an ICANN conference in Wellington in March this year.

At the meeting a committee representing governments around the world made it clear that several countries strongly opposed the domain name proposal and pressed for a number of further reassurances on public policy matters from ICM Registry.

After further consultation with the ICM Registry, ICANN said it then asked the board to put the future of the domain name to the vote in May.

Paul Twomey, ICANN'S[sic] chief executive, said the final board decision was not driven by "political consideration," but had come down to a number of factors, one of which was whether by creating a "xxx" domain ICANN might be put in a position of having to enforce all of the world's laws governing pornography.

He said the decision had followed a very strict procedure which gave governments around the world the chance to voice public policy concerns over controversial proposals such as the .xxx domain name.

Australia, Brazil, Denmark and UK were just four of the countries who raised strong objections to the new domain space, but many other interested parties were also consulted said Mr Twomey.

He said the public policy objections highlighted at the Wellington meeting were raised with ICM Registry, which then responded with a contract that it felt would meet all the concerns.

"I have great respect for the good faith and attitude of the ICM registry and way they approached this, but the issue became so complex about how that contract would be enforced in all the different regions around the world," Mr Twomey said.

The ICM Registry has filed an application for the ICANN board to reconsider its vote on a number of grounds.

These include assertions that ICANN's decision was based on inadequate information about the "inappropriate involvement of the US government" in the approval process and on its "unfounded concern" that the new domain would place ICANN in the position of having to enforce international laws governing pornography.

As part of this process, ICM Registry is also filing a judicial appeal under the Freedom of Information Act to gain full access to uncensored documentation held in the Department of Commerce and the Department of State in regard to its proposed .xxx domain name.