On June 25th of this year, ICANN resurrected the .xxx sponsored Top Level Domain from its death, yet again.Ten years after it was originally proposed, very few ever thought it was a good idea. So why is it back?
The history of the .xxx TLD goes back a decade to when Jason Hendeles formed the ICM registry and made application to ICANN in 2000. Hendeles originally requested that .xxx be approved as a generic Top Level Domain (ie. .com, .net,..org, etc). ICANN denied the .xxx gTLD shortly after it was submitted, as ICANN noted at the time:
ICM Registry’s application for an .xxx TLD does not appear to meet unmet needs. Adult content is readily available on the Internet. To the extent that some believe that an .xxx TLD would segregate adult content, no mechanism (technical or non-technical) exists to require adult content to migrate from existing TLDs to an .xxx TLD.
Of course, this statement is truer today then it was in 2000, but ICM persisted.
In 2005 ICM returned to ICANN and requested that .xxx be accepted as a sponsored Top Level Domain. sTLDs require significant support from the sponsoring business and the professional community they represent (ie. the .travel sTLD is supported by various travel agencies and associations). ICM had started the International Foundation for Online Responsibility to act as a sponsoring business. ICANN drafted a registry agreement at that point a sought public comment. It became very apparent, shortly afterward, however, that ICM had no support from the larger industry, adult content providers. Finally, ICANN’s Government Advisory Committee (which coordinated Internet name and number policies with world governments) reported that several governments from around the world opposed the .xxx sTLD. This should have been the end of the .xxx domain. It had no support within the industry it was suppose to serve, and governments around the world opposed it. But in 2007 ICM pushed ICANN again for a registry agreement, and again ICANN found little sponsorship support, government opposition, and rising opposition among Internet users. In 2008 ICM appealed, under ICANN’s bylaws, to an Independent Review Panel, which met in 2009. During the review process ICM accused ICANN of political motives and collusion with religious groups in its rejection of the domain and threatened legal action. In the IRP’s final report, issued in February, a majority (2-1) found that ICANN had technically approved ICM’s application in 2005, and should pay $475K to ICM in reimbursements. The dissenting panel member made it clear that he felt that ICM’s application still lacked community support, and that ICANN was well within its rights to deny the application. In March the ICANN board decided to accept public comment on the situation to determine a course of action, as it had no process to deal with an application that was six years old. The public comment, again, overwhelmingly opposed the creation of the .xxx domain. Of the over 12,000 public comments received by ICANN, 95% opposed the creation of the domain. Opposition came from disparate groups ranging from free speech advocates, family values and Christian organizations, to adult content providers and ISPs. Yet, with the IRP report ostensibly against them, and fearing legal action by ICM, the ICANN board begrudgingly voted to allow .xxx to move forward.
So a Top Level Domain that Internet users don’t want, international governments are against, and the industry it’s suppose to represent opposes is now on it’s way to deployment. Why? and Why should we care? In the short term, ICM will rake in hundreds of millions of dollars as intellectual property owners rush to register their .com names with the .xxx suffix. Domain squatters will rush to register cars.xxx, macdonalds.xxx, etc.creating a huge ramp up in prices which will benefit ICM’s bottom line.
From an operational perspective, .xxx is going to wreak havoc as security software makers, ISPs, and other potential content filters struggle between demands to block the suffix, from anti-porn organizations, and demands to leave the Internet open. Providers of Adult content will avoid the TLD for primary use, knowing that anti-porn forces will campaign strongly for major ISPs to block the domain suffix. In the public policy arena, advocacy groups and politicians will call for adult content to be limited to the .xxx domain. In 2006 Senators Bauchus and Pryor introduced a bill which would have required sites with sexually charged content to be removed from .org, .net, and .com domains and relegated to only .xxx. The fallout from such a idea would be monumental: aside from defining what sexually charged or sexually explicit content is, and determining who would police such a rule, there is the issue of domains or sites hosted outside of the US, which would not be subject to a US law. Nevertheless, we can be certain that such a proposal will be made, and that ICM will support it, even if its surreptitiously.
The overall problem with the .xxx TLD, as I have stated over the years, is that if further politicizes Internet operations and draws operating groups and committes into disputes about Internet content. The Internet should, and does, serve as a conduit for information, ideas, and general content from all over the world. It performs this function well because the people who work together to develop the standards, perform the operations, and design the overall systems do so for the improvement of the Internet and its technology. Discussions of general content never, or rarely, enter into the discussion. This is the way it should be. By folding to ICM, ICANN has put itself, and the future of the Internet, in a dangerous position. It has laid a path for a segregation of content. We don’t know exactly where this will lead, but we can be certain that it will not be towards more open and free Internet.
.xxx, ICANN, ICM, Internet Policies