.XXX Arbitration to Be Held in September

PALM BEACH, Fla. — ICM Registry’s top-level domain .XXX proposal will go through a round of arbitration in late September.

ICM Registry is asking for a three-judge panel to rule in favor of its application to serve as .XXX registry operator because it met criteria set forth in a December 2003 request for proposal.

ICM Registry claims in more than a 1,000 pages of documents that ICANN acted inconsistently with its own articles of incorporation and bylaws.

Stuart Lawley, who is chairman and president of ICM Registry, told XBIZ Monday that the venue for arbitration will be in Washington, D.C., and not the Hague, as originally planned.

The neutrals involved, Lawley told XBIZ, include Judge Stephen Myron Schwebel, an independent arbitrator and counsel who is an expert on international law. Schewebel has been appointed in 50 international commercial arbitrations and in five intergovernmental arbitrations.

Schwebel will be joined by two other arbitrators — one from Europe, one from the U.S.

Lawley said he’s adamant about a victory using alternate dispute resolution.

“[It’s] always been a win for us in our opinion,” he said. “That's why we have invested more than $3 million to date in legal fees alone for this.”

ICM Registry saw its application to enable .XXX killed by the Internet policy-making board for a third time in March 2007 after three years of planning.

The scuttled proposal would have made ICM Registry required to contract third parties to monitor registrant compliance with content site-labeling requirements.

It also would have been required to create a set of “best practices” to protect children online and fund the International Foundation for Online Responsibility, an independent organization ICM has said it would create if approved. ICM pledged to donate $10 of the proposed annual fee of $60 for a .XXX domain name to child-protection groups and require users of .XXX to label their content.

ICM Registry briefs submitted by Washington, D.C., law firm Crowell & Moring in late January contend that ICANN’s decision to nix .XXX were arbitrary.

Lawley contends that the reasons that ICANN cited as the basis for its denial of ICM’s application were false and pretextual — “a mere cover for ICANN’s bowing to undue political pressure.”

The brief was referring to alleged pressure from the U.S. Commerce Department, which ICM Registry accused of working behind the scenes to kill .XXX. Later, a federal judge ruled against ICM Registry in its bid to gain access to conversations between ICANN and the federal agency through a Freedom of Information Act suit.

ICM Registry also contends that a .XXX proposal has a lot of support among online adult businesses because so many of them sought domain name addresses with the .XXX suffix.

“There is substantial industry support for the .XXX domain, as evidenced by the letters of support submitted with ICM’s application and the large number of providers that have participated in ICM’s pre-reservation program, which allows for applicants to reserve domain names in advance of the approval of the sTLD application for .XXX,” the brief said. “To date, over 100,000 such pre-reservations have been made.”

Related:  

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Atlanta Authorities Renew Attack on Adult Boutique Tokyo Valentino

The saga of beleaguered Georgia adult boutique Tokyo Valentino continues with a renewed attempt by authorities to shut down another of its locations.

MomPOV Producer Pleads Guilty in GirlsDoPorn Case

MomPOV producer Doug Wiederhold, who was formerly the partner of GirlsDoPorn owner Michael Pratt as well as the first male talent for GDP, pleaded guilty Thursday to a federal conspiracy charge.

Streamate Exec Liz Rek Joins FSC Board

The Free Speech Coalition board of directors has tapped Streamate executive Liz Rek as its newest member, effective immediately.

2024 XBIZ Creator Awards Nominees Announced; Voting Now Live

XBIZ is pleased to announce the nominees for the 2024 XBIZ Creator Awards, presented by Fansly.

Adult Site Broker Talk's Bruce Friedman Reflects on Podcast Success

The 200th episode of “Adult Site Broker Talk” will air next week, with 2023 XBIZ Performer of the Year Cherie DeVille as the featured guest.

FSC Asks Supreme Court to Overturn 5th Circuit Decision, Strike Texas' Age Verification Law

Free Speech Coalition (FSC) filed a petition for certiorari on Friday asking the U.S. Supreme Court to overturn the Fifth Circuit panel decision that partially upheld Texas’ controversial age verification law.

Details Emerge About Capture, Arrest of GirlsDoPorn's Michael Pratt

Further details have emerged in the past week about the capture and arrest of GirlsDoPorn owner Michael Pratt in Spain in December 2022, following his extradition to the U.S. last month.

Magdalene St. Michaels, Andy Rodrigues Named as AEBN Top Stars for Q1 of 2024

AEBN has announced its top-selling stars for the first quarter of 2024, with Magdalene St. Michaels landing atop the leader board for straight theaters and Andy Rodrigues heading up the gay rankings.

YouPay Partners With IP Security Solution Sidenty

Australian gifting platform YouPay has joined forces with IP security solution Sidenty to help creators guard against online theft and unauthorized use of their content.

Grooby Launches Fetish Site 'Joey's Trans Feet Girls'

Grooby has debuted Joey's Trans Feet Girls, a new fetish membership site featuring foot content by top trans performers.

Show More