ICANN Sends Dot-XXX Forward

MARINA DEL REY, Calif.—During a Thursday teleconference, the board of directors for the International Corporation for Assigned Names and Numbers resolved to allow ICM Registry’s application to establish and administer the dot-xxx adult-content-specific sponsored Top Level Domain to move forward toward approval.

In its entirety, the resolution reads:

Whereas, ICANN’s General Counsel has completed the expedited due diligence regarding ICM Registry, as directed by the Board, and has concluded that ICM has represented that its Application for the .XXX sTLD is still current and that there have been no negative changes in ICM's qualifications.

Whereas, ICANN Staff is in consultation with ICM on a new proposed registry agreement for the .XXX sTLD and expects to receive a finalized proposal from ICM.

RESOLVED (2010.08.05.21), upon receipt of ICM's application documentation, ICANN Staff is authorized to post ICM's supporting documents and proposed registry agreement for the .XXX sTLD for public comment for a period of no less than 30 days.

RESOLVED (2010.08.05.22), upon completion of public comment period, ICANN Staff shall provide the Board with a summary of the public comments and shall make a recommendation to the Board as to whether the proposed registry agreement for the .XXX sTLD is consistent with GAC advice.

RESOLVED (2010.08.05.23), once the Board has received the above public comment summary and recommendation from the ICANN Staff regarding the proposed registry agreement for the .XXX sTLD, the Board shall at its next possible meeting, consider this recommendation, and determine, consistent with the ICANN Bylaws, whether a GAC consultation shall be required.

On Friday, ICANN spokeswoman Michele Jourdan told AVN the board expects to post the most current ICM documents and open a 30-day public comment period “within the next few days.” She apologized for being unable to provide a more precise timeframe.

ICM President Stuart Lawley told AVN late Friday that he expects the public comment period to open around Aug. 15. ICANN is in possession of all the documents mentioned in the resolution, including the proposed contract ICM and ICANN's staff negotiated for management of the domain, so all that remains before posting in public is for ICANN to take a final look at the technical details.

Free Speech Coalition Executive Director Diane Duke said the adult entertainment industry should be ready and willing to read the documentation and provide honest, polite comments about the matter when the comment period opens, whenever that may be.

“FSC has emphasized all along that dot-xxx is far from being passed, and that is still the case,” she said Friday from Hollywood, Fla., where on Saturday she is scheduled to participate in an AVN Show panel discussion about the proposed sTLD. “We will continue to organize the industry in voicing its opposition to this dangerous and costly ‘TLD’ though all avenues available to us, including, but not limited to, the upcoming ICANN public comment period.”

According to Duke, ICANN’s Governmental Advisory Committee remains opposed to the adoption of dot-xxx. In its most recent communication on the subject, the GAC recommended denying ICM’s application for dot-xxx, in part because the so-called sponsoring community is opposed to the sTLD. The ICANN board may yet face opposition from the GAC if the board feels it should consult the committee again after the public comment period has closed, Duke noted.

Lawley, on the other hand, said ICM representatives have spoken with GAC representatives, and he expects no opposition. In fact, he noted Friday, ICANN and ICM could sign a registry agreement as early as late September. If not then, Lawley said he expects the contract to be signed during the ICANN board's next regularly scheduled meeting on Oct. 28.

Duke and the FSC remain unswayed in their opposition to the domain. As Jourdan noted in an email to AVN, "public comments are always considered as part of the overall record. We do take them very seriously." Duke said the adult industry is counting on that.

“FSC will review the materials posted [for public comment] and provide a public comment, and we encourage every professional in the industry to do the same,” she said. “We will initiate a call-to-action for the industry once those materials have been posted and reviewed. Stay tuned. We will let you know when and how to respond.”

The Free Speech Coalition is the trade association of the adult entertainment industry. More about ICM Registry and its plans for dot-xxx are available at ICMRegistry.com.