ICANN approves .XXX red-light district for the Internet

Surprised this was actually approved, but more so that this story seems to
have gone unnoticed on the list... I would have expected a lot more chatter
here -

http://arstechnica.com/tech-policy/news/2011/03/icann-approves-xxx-red-light
-district-for-the-internet.ars

So the days of pointless TLDs are amongst us as we've now given would-be
registrars the right to print money and companies are forced to purchase
useless domain names in order to protect their trademarks, prevent
squatting, etc. When will sanity prevail?

Stefan Fouant

Surprised this was actually approved, but more so that this story seems to
have gone unnoticed on the list... I would have expected a lot more chatter
here -

ICANN approves .XXX red-light district for the Internet | Ars Technica
-district-for-the-internet.ars

So the days of pointless TLDs are amongst us as we've now given would-be
registrars the right to print money and companies are forced to purchase
useless domain names in order to protect their trademarks, prevent
squatting, etc. When will sanity prevail?

.biz/.info was 2001

First, not all registrars assume the credit-card risk model, or pursue the defensive registration, or ad word markets.

Second, the advocates for no necessity or utility requirement, or some form of public interest test for would-be applicants, is far, far larger than the 20 to 40 registrars engaged in that advocacy agenda.

An analysis that does not start with the legacy monopoly registry operator, and continue to the operators of "open" (now "standard") registries, is simply ill-informed or advocacy art, missing the Registry Stakeholders Group as a mostly unified[1] policy advocate.

An analysis that does not continue from these materially interested contracted parties and include domainers, and the ideologically committed parties, whether motivated by "free trade", or "thousand flowers", is also simply ill-informed or advocacy art, missing the Non Commercial Stakeholders Group as a policy advocate.

Third, an analysis that fails to observe that the Internet Service Providers Stakeholder Group has no policy agenda at ICANN is curious when offered in a network operator group. It might be reasonable when commenting on a recent development in the Law of the Sea (but see also bouys have bits), but slightly absurd when commenting on a recent development in the corporation acting as a registry of unique network identifiers, autonomous system numbers, and protocol parameters.

Finally, because pancakes are calling, the very complainants of squatting and defensive registration (the 1Q million-in-revenue every applicant for an "open", now "standard" registry places in its bizplan), the Intellectual Property Stakeholder Group is also an advocate for trademark TLDs, arguing that possession of $fee and a registry platform contract (there is now a niche industry of boutique ".brand" operators-in-waiting) and a $bond establishes an absolute right to a label in the IANA root.

So, rather than memorizing the digits of Pi, for some later public recitation, one could start reciting brand names, for some later public recitation, for as long as there is a single unified root.

Have I managed to suggest that claims to sanity that are not exceeded by actual work are without foundation?

Eric

P.S. to Joel Jaeggli. You need to work harder. 20 bytes is less than sufficient to make any point usefully, and you missed .name/.pro, as well as the 2004 round .jobs/.travel as well as .asia/.tel, not as yet depurposed.

[1] Exception to the RySG "no public interest" advocacy are the few sponsored registries which were not covert open registries, and are not dependent upon open registry operators for registry services, viz. .cat, .coop, and .museum.

If the creation of .xxx is a preliminary step in making the fact of
your web site only being accessible by a name ending in .xxx an
affirmative defense against a charge of allowing minors to access your
site then

a) it's not pointless, and
b) sanity is prevailing.

IF. But then, it has to start somewhere.

Regards,
Bill Herrin

If the creation of .xxx is a preliminary step in making the fact of
your web site only being accessible by a name ending in .xxx an
affirmative defense against a charge of allowing minors to access your
site then

A charge of what? ICM and .XXX are headquartered in Florida. Could
you give some examples of the laws you're referring to, and cases
where people have been convicted under them?

R's,
John

But do you really believe playboy are going to give up playboy.com? Or that
new websites are going to register an address that will result in their
website not being visible by 1/6th of the worlds population (
http://uk.ibtimes.com/articles/127009/20110325/india-blocks-xxx-domain.htm -
and we all know China and several other countries won't be far behind so
we're probably talking closer to half or more of the worlds population).

At first glance this might sounds like a good idea, but do you know any
*.travel or *.asia (etc) websites that don't also have the equivalent or
similar .com version? Nobody uses these domains as their only domain, it's
just yet another one that they will register - and yet more money they need
to pay to the registries each year to protect their brand.

  Scott.

If the creation of .xxx is a preliminary step in making the fact of
your web site only being accessible by a name ending in .xxx an
affirmative defense against a charge of allowing minors to access your
site then

A charge of what? ICM and .XXX are headquartered in Florida. Could
you give some examples of the laws you're referring to

US Code TITLE 18 > PART I > CHAPTER 71 > § 1470

, and cases
where people have been convicted under them?

Regards,
Bill Herrin

But do you really believe playboy are going to give up playboy.com?

They aren't going to give up Playboy.com but they are probably going to
have to purchase playboy.xxx anyway.

What bothers me is that most companies are now going to be forced to
purchase .xxx domains simply to keep someone else from buying it and
sullying the company's image. So it is an instant cash windfall for the
domain registrars.

There was no reason why we needed this.

US Code TITLE 18 > PART I > CHAPTER 71 > § 1470
18 U.S. Code § 1470 - Transfer of obscene material to minors | U.S. Code | US Law | LII / Legal Information Institute

That law includes the phrase "knowing that such other individual has not attained the age of 16 years." That's why porn sites have a home page that asks you how old you are. As far as I can tell from looking for case law, all the 1470 cases are basically child molestation cases where the 1470 count was piled on in addition to the real charges, unrelated to kids looking for porn sites.

So, in short, there's no problem for .XXX to solve.

Regards,
John Levine, johnl@iecc.com, Primary Perpetrator of "The Internet for Dummies",
Please consider the environment before reading this e-mail. http://jl.ly

...

But do you really believe playboy are going to give up playboy.com? Or that
new websites are going to register an address that will result in their
website not being visible by 1/6th of the worlds population (
http://uk.ibtimes.com/articles/127009/20110325/india-blocks-xxx-domain.htm -
and we all know China and several other countries won't be far behind so
we're probably talking closer to half or more of the worlds population).

Claim 1. That return on investment is proportional to population, overlooking the density of graphic displays, and bandwidth provisioning, which are probably not prudently overlooked from a bizplan perspective.

Google metrics give 72.4 million pages in Estonian, 86.9 million pages in Hebrew and 88.1 million pages in Greek, and 108 million pages in Hindi in the .com name space, suggesting that the natural traffic for existing .com Hindi language (422 million native speakers) properties is similar to that of Hebrew (7.6 million speakers, second language speakers included), or Greek (11.3 million native speakers) or Estonian (1.3 million speakers).

Overlooking differences in currency, disposable incomes, and cultural norms, which are probably not prudently overlooked from a bizplan perspective, a Hindi targeted .xxx enterprise is about as interesting as a Utah or Rhode Island targeted .xxx enterprise.

To put it gently, there is more money in the metro east, Atlanta to Boston, than in India, or China, or India and China, even if the respective governments wanted revenue shares not firewalls.

At first glance this might sounds like a good idea, but do you know any
*.travel or *.asia (etc) websites that don't also have the equivalent or
similar .com version? Nobody uses these domains as their only domain, it's
just yet another one that they will register - and yet more money they need
to pay to the registries each year to protect their brand.

Claim 2. That domains that have no pre-existing, or simultaneous existence in .com form a set of measure zero (or something handwavy close to that when I'm not pretending to be a mathematician).

At present at least 50% of all .cat domains have no pre-existing, or simultaneous existence in .com or .es.

This form of claim is highly relevant to competition policy, as it may be considered a form of "market power". In this form Verisign has "market power" relative to .travel/.asia, but has no "market power" relative to .cat. Therefore Verisign may exercise that market power over registrars selling Verisign's inventory, as well as Afilias' inventories, as well as .travel inventory.

Eric

US Code TITLE 18 > PART I > CHAPTER 71 > § 1470
18 U.S. Code § 1470 - Transfer of obscene material to minors | U.S. Code | US Law | LII / Legal Information Institute

That law includes the phrase "knowing that such other individual has not
attained the age of 16 years." That's why porn sites have a home page that
asks you how old you are.

In court, willful negligence is generally the same thing as knowing.

As far as I can tell from looking for case law,
all the 1470 cases are basically child molestation cases where the 1470
count was piled on in addition to the real charges, unrelated to kids
looking for porn sites.

It gets messy because obscenity hinges on local community standards.
But that's the rub -- as a porn purveyor you can't know what the
community standards are in the user's community. Not many examples of
web sites being taken to task for web content, not yet, but lots of
examples of mail-order porn owners having a really bad year year,
legally speaking.

So, in short, there's no problem for .XXX to solve.

Suppose, just for the sake of the argument, that a statute or
precedent came about to the effect that a community which permits
access to .xxx sites (by not censoring the DNS) implicitly accepts
"that kind of thing" isn't obscenity under local law. Further, suppose
its found that the individual in such communities circumventing the
technical safeguards in place to censor his access to .xxx is solely
liable for such access, that the porn purveyor is -presumed- to have a
reasonable belief that said individual's activity was lawful... merely
because they access the site using the .xxx extension.

Suppose, in other words, it comes to be that an internet porn purveyor
is protected from local community standards for obscenity so he need
only worry about staying away from stuff that's illegal in his own
back yard. Where the prosecution has to support a claim that the site
is accessible other than through the .xxx name in order to survive an
early motion to dismiss.

-Bill

Suppose, just for the sake of the argument, that a statute or
precedent came about to the effect that a community which permits
access to .xxx sites (by not censoring the DNS) implicitly accepts
"that kind of thing" isn't obscenity under local law.

If we're doing counterfactuals, let's suppose that everyone in the
world thinks that .XXX is a great idea, and ICANN runs itself
efficiently on a budget of $1M/yr.

R's,
John

Suppose, just for the sake of the argument, that a statute or
precedent came about to the effect that a community which permits
access to .xxx sites (by not censoring the DNS) implicitly accepts
"that kind of thing" isn't obscenity under local law.

If we're doing counterfactuals, let's suppose that everyone in the
world thinks that .XXX is a great idea, and ICANN runs itself
efficiently on a budget of $1M/yr.

For some reason the aerodynamics of pigs comes to mind here. Having pigs fly is
just about as likely as having ambitious Southern prosecutors
give up the ability to bring meaningless, but newsworthy, porn prosecutions, ICANN's new TLD or no.

Regards
Marshall

...

For some reason the aerodynamics of pigs comes to mind here. Having pigs fly is
just about as likely as having ambitious Southern prosecutors
give up the ability to bring meaningless, but newsworthy, porn prosecutions, ICANN's new TLD or no.

ICM retained competent counsel for the ICANN issue advocacy. I expect Stuart will retain competent counsel for the follow-on issues.

Eric

But do you really believe playboy are going to give up playboy.com?

They aren't going to give up Playboy.com but they are probably going to
have to purchase playboy.xxx anyway.

What bothers me is that most companies are now going to be forced to
purchase .xxx domains simply to keep someone else from buying it and
sullying the company's image. So it is an instant cash windfall for the
domain registrars.

There was no reason why we needed this.

But that is an excellent reason why someone would want it.

I was involved in the IETF NEWDOM WG way back in ~1996 and heard all of these arguments then. IMHO this was snake oil 15 years ago, and it is even
more snake oil now.

Regards
Marshall

And I'm afraid we'll be seeing a whole heckuva lot more of this snake oil
once ICANN finalizes the Generic TLD process in June:

http://www.pcmag.com/article2/0,2817,2382233,00.asp

Stefan Fouant

Yes, it is certain that Stuart will retain competent counsel for all
follow-on issues, I mean, the guy bragged to Bloomberg that ICM is set to
make at least $200 million a year through these registrations (believe me,
if I were in his position, I'd have the best lawyers money could buy). That
doesn't even touch the $3-4 Billion in porn transactions ICM is hoping to
process and get a cut of once they launch their payment processing service.

What changed ICANN's mind between the ruling in 2007 and the ruling in 2010?
ICM brings in an independent arbitrator and ICANN agrees to go along with
the findings, yet for the life of me I can't find any majority who believe
this was necessary. The ACLU objects because of censorship issues. Family
and religious groups oppose because they believe .xxx legitimizes porn.
Heck, even the porn industry itself opposes because it will increase
operating costs and open the industry to more regulation.

I can't seem to find anyone that would benefit from this, with the exception
of Stuart and ICM's shareholders.

Stefan Fouant

The determining question was did the application satisfy the 2004 criteria?

The .cat application was the best application in the 2004 round, according to the evaluators, and the .xxx application was the next ranked application.

So the point in the 2004 cycle where .xxx could have been prevented, assuming for the sake of argument that one held that as a goal, was in the admission criteria for the 2004 round. Had that criteria been extended by an additional requirement such as the sponsor's mission must have been to provide a name space for a linguistic or cultural purpose, the .xxx application, however technically competent, would have failed under the 2004 admissions criteria.

Each time the issue has been before the Board, I've spoken to the issue -- the application met the stated criteria. There are no valid unstated criteria.

A related problem was the subject of a recent blog post, http://crookedtimber.org/2011/03/19/the-hollowing-out-of-icann-must-be-stopped/

There are very few at ICANN now who were involved in the 2004 round, let alone the 2000 round, and so little in the way of corporate memory exists.

Eric

> From: Marshall Eubanks [mailto:tme@americafree.tv]

> even
> more snake oil now.

And I'm afraid we'll be seeing a whole heckuva lot more of this snake oil
once ICANN finalizes the Generic TLD process in June:

The only possible thing that could save anyone with a valuable
meatspace (tm) from having to buy its string representation in all the
new TLDen is to make TLDen ubiquitous to a degree where the TLD can't
be assumed anymore.

A root zone with several thousand TLDen is no technical problem. I
wonder when the effect kicks in. If it does.

A positive side-effect would be to enable the altroot kooks to buy a
TLD (.altroot -- under which they can run their own mini-Internets) of
their own, which would disable some, if not all of them.

What changed ICANN's mind between the ruling in 2007 and the ruling in 2010?

The growing certainty of an expensive and very embarassing lawsuit if
they turned ICM down. Despite the clear lack of industry support for
.XXX, ICM carefully jumped through every hoop, dotted every i, and
crossed every t in the 2004 application process and the subsequent
appeal and review processes. I expect the board and staff really
really would not want to have to answer questions under oath like "who
did you talk to at the US Department of Commerce about the .XXX
application and what did you say?" and "why did you vote against .XXX
when they followed the same rules as the TLDs you voted for?"

R's,
John