YNOT – Free Speech Coalition Executive Director Diane Duke and Vice President Tom Hymes will represent the adult entertainment industry’s interests during a June 21-25 meeting of the International Corporation for Assigned Names and Numbers in Brussels. ICANN’s board of directors plans to consider approving a proposed dot-XXX sponsored Top Level Domain during the meeting.The dot-XXX sTLD proposal has generated contentious debate since its original appearance in 2001. According to FSC, members of the subject “sponsoring community” overwhelmingly oppose the creation of dot-XXX, fearing it will provide leverage for forcing adult websites into an online “smut ghetto” and facilitate unwarranted international censorship of legal adult content.
“I am honored to be going to Brussels with Diane,” said Hymes, who traveled to Wellington, New Zealand, in 2006 for the same purpose. “The fact that so much time has gone by has done nothing to diminish the dangers posed by dot-XXX. Yes, it should never have been resurrected from the dead in the first place, but it was and now we need to be there, reminding the ICANN board and staff at every turn that dot-XXX has no industry support, and also that the last thing in the world they want to be is the ultimate arbiter of a policy-setting [International Foundation for Online Responsibility, which would be created to oversee dot-XXX]. Believe me, that scenario would be hell on earth for ICANN.”
The Brussels meeting could represent an explosive showdown between ICANN, the adult industry and ICM Registry LLC, the corporation that has applied to manage dot-XXX. After four years of wrangling with ICANN and attempting to secure support from the adult entertainment industry, ICM felt the matter was settled when ICANN’s board approved the application in 2005. Ensuing contract negotiations brokes down in 2007, however, and ICANN rejected the whole dot-XXX idea, declaring the matter permanently dead.
In February 2010, an international arbitration tribunal, convened at ICM’s request, reprimanded ICANN for violating its own bylaws when it withdrew approval from dot-XXX. The panel also strongly advised ICANN to rectify the error. Shortly thereafter, ICM President Stuart Lawley suggested his company might take even more severe legal action if ICANN does not reverse its 2007 decision.
The protracted dispute has left ICANN between the proverbial rock and a hard place: The organization almost certainly faces censure from governments, social conservatives and the adult entertainment industry if it breathes life into dot-XXX now, but failing to do so may leave ICANN embroiled in a lengthy and costly legal battle with ICM.
To date, ICM claims to have spent more than $9 million pursuing approval for dot-XXX. In March, Lawley told YNOT he is prepared to spend more to hold ICANN accountable for behavior he and ICM’s attorneys believe is flagrant disregard for the spirit and the letter of ICANN’s own bylaws.
Since 2005, FSC has lead opposition to dot-XXX by promoting letter-writing campaigns and encouraging adult industry members to speak out against the domain during ICANN’s public comment periods. FSC also has argued the legality of the proposed sTLD under the U.S. Constitution, and has pointed out dot-XXX is no more popular a concept in the mainstream than in adult. Opposition to dot-XXX has been strong among conservative media and activists groups and governmental bodies worldwide, Duke noted, adding conservatives typically cite concerns about the sTLD offering minors increased access to online porn.
During the public comment period leading up to the meeting in Brussels, FSC encouraged several hundred industry members to submit opposition statements to ICANN before the May 10 deadline. Industry heavyweights submitting letters of opposition included Adam & Eve’s Phil Harvey, Hustler’s Larry Flynt, Gamelink’s Ilan Buni, AEBN’s Scott Coffman and Eros Association’s Fiona Patten, among many others.
“Tom and I will be [in Brussels] to ensure that whatever process ICANN decides on for moving forward, the sponsoring community — the adult entertainment industry — will have an opportunity to voice our concerns and outright objection to a dot-XXX sTLD,” Duke said.
For more information about dot-XXX or supporting the FSC, contact Duke via email or visit FreeSpeechCoalition.com.
