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FSC Warning: Language “Harmful to the Industry” May Appear in .XXX Agreement

Posted On 07 Apr 2006
By : admin

WELLINGTON, NEW ZEALAND – The Free Speech Coalition (FSC) released a statement today voicing alarm over new provisions under consideration for inclusion in the contract between ICM Registry and the Internet Corporation For Assigned Names and Numbers (ICANN) regarding the proposed .XXX top level domain.The provisions the FSC finds most troublesome are as follows:

• That measures will be taken to “restrict access to illegal and offensive content.”
• That proof of age will be required of actors portrayed in .xxx domains.
• That a WHOIS compliance policy with “additional verification processes” is established for all .XXX domains.
• That ICM Registry maintains accurate details of registrants and assists law enforcement agencies to identify and contact the owners of particular websites.
• That ICM Registry ensures the protection of intellectual property and trademark rights, personal names, country names, names of historical, cultural and religious significance and names of geographic identifiers drawing on best practices in the development of registration and eligibility rules. (Italics added)

According to the FSC, the new provisions, “if adopted, would be binding upon all .XXX domains and any website that shares an IP address with such a domain.”

“There are no specifics as to how or by whom ‘illegal or offensive content’ is to be defined, or in what way the age requirement for actors will differ from those imposed by 2257,” the FSC stated in its press release. “It is also unclear what specific personal, country, cultural, historic or religious names will be restricted for use by adult sites, or whether the ‘additional’ WHOIS processes will be more stringent than those required for other TLDs.”

“The Free Speech Coalition has long opposed the establishment of a .XXX top level domain name because of its potential to serve as an easy censorship tool,” said FSC spokesperson Tom Hymes, who represented the organization in Wellington. “The current contract talks, together with the Baucus-Pryor bill, show that FSC’s concerns were well-founded, all along. ICM Registry’s hope to establish and operate a voluntary .XXX TLD free from government interference appears to be a dangerous pipe dream, now more than ever.”

The FSC made a point of voicing their concerns in at the meeting in Wellington, as well.

“We had productive discussions with ICANN Board members and staff, and members of the Government Advisory Committee, the constituent group that represents the interests of 109 world governments,” said the FSC in its release. “Several GAC members were receptive to our points, and we were pleased to note that some of those points were reflected in the final communiqué issued by GAC at the conclusion of the ICANN meeting.”

The FSC encourages all those opposed to the sort of restrictions currently under consideration for the .XXX TLD, and those opposed to the establishment of the new TLD itself, to submit a letter of opposition via the FSC website. The FSC’s .XXX TLD “letter writing campaign” is available at www.freespeechcoalition.com/dotXXX/Form.html Sample letters are available upon request; email tom@freespeechcoalition for more information.

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