FSC: ICANN Makes No Determination on .XXX

BRUSSELS, Belgium — As the adult industry inches closer to a dedicated .XXX sTLD, the Free Speech Coalition, which opposes the domain name, says the issue is far from over.

“The ICANN board did not approve .XXX today,” said Diane Duke, executive director of the Free Speech Coalition.

“To the contrary, it passed a resolution that among other things, directs the staff to evaluate whether the ICM application is still current and meets the application criteria today. We believe that it is a standard that will be difficult for ICM to meet. Moreover, if the board is looking to GAC (ICANN’s Government Advisory Committee) for advice, the GAC could not have been clearer in its last communication to the board in 2007 that it thought ICM’s application should be denied. The adult entertainment community is opposed to ICM’s application and the Free Speech Coalition is confident that ultimately the Board will make the right decision.”

Essentially, Duke said, the board resolved that, although they had not made a determination as to whether they agreed with the findings of the majority of the independent review panel, they would accept and act in accordance with some of the panel’s findings.

“It is clear that we made an impact,” Duke said. “ICANN board members were extremely uncomfortable knowing that no support exists for a .XXX sTLD in the sponsoring community.”

FSC Board Vice President Tom Hymes said, “My feeling is that the board is painfully aware of ICM’s threat to sue ICANN, and was forced to pass a resolution that many of the board members feel is at odds with the truth. This is not speculation. At the meeting today, several said as much, and I can only add that I was deeply moved by their courage to do so under the circumstances. I do not fault them for acting to protect their organization, and I believe there are a plenitude of serious obstacles to the ultimate realization of this profoundly flawed application.”

In the board discussion prior to the vote, a number of board members commented on why they felt conflicted about the resolution.

Board member Harald Alvestrand kicked off the discussion, saying, “...effectively this forces me to say that it is in the best interest of the organization (ICANN) and the interest of the furtherance of the organization's goals to act as if something is true that I believe is not, in fact, so. This is a very uncomfortable situation, but I can see no better way to move forward.”

ICANN CEO Rod Beckstrom said that while he accepts the contribution to ICANN's accountability and transparency provided by the existence and the use of the independent panel review process, he is nonetheless concerned about the determination by two of the three panelists that the ICANN board should not use business judgment in the conduct of its affairs.

“In my view as CEO, the board must be able to use business judgment in order to protect the global public interest in the coordination of the root of the Internet and the domain name system,” Beckstrom said.

ICANN developed an internal review process (IRP) as a mechanism for stakeholders to challenge Board decisions. ICM was the first to use the process, which put significant pressure on the board to follow the IRP’s decision or risk losing all credibility in the process. Also, Lawley hinted at a possible lawsuit if .XXX is not approved.

“Avoiding an expensive lawsuit and saving face in the IRP process is good for ICANN but as ICANN’s CEO pointed out, it may not be in the best interest of the ‘global public interest’. In the end, I believe that ICANN will do the right thing,” Duke added.

Both ICANN and ICM’s Stuart Lawley will undergo several weeks of due diligence, checking up on technical and financial promises, then spending another few weeks negotiating the contract.

The contract would then go before the board, which would be expected to decide whether it is consistent with previous advice given by ICANN’s Governmental Advisory Committee.

If the document is GAC-compliant, the ICANN board will vote on the contract itself and either approve or not approve .XXX for use.

Related:  

Copyright © 2025 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

Op-Ed: The Guardian's XBIZ Amsterdam Podcast Dismisses Creators' Experiences

British newspaper The Guardian’s podcast coverage of XBIZ Amsterdam 2025 purports to investigate the power dynamics of today’s online adult industry. Instead, it ignores creators’ voices, airs tired and outdated preconceptions about the business, and rehashes the unsupported claims of anti-pornography crusaders.

Eva Maxim, BranditScan Launch 'Killer' Promo

Eva Maxim and BranditScan have partnered for the Killer Creator Giveaway promotion.

2026 XBIZ Exec Awards Nominees for Online Industry Announced

XBIZ is pleased to announce the nominees for the online industry edition of the 2026 XBIZ Exec Awards, set to be presented as part of the annual XBIZ Honors ceremony on Wednesday, Jan. 14 in conjunction with the XBIZ 2026 digital media conference.

AEBN Publishes Report on POV Trends

AEBN has published a report on POV and gonzo categories from its straight and gay theaters.

Joybear Pictures to Launch 'I Really Love' Studio Imprint

Joybear Pictures has announced that its new studio imprint, I Really Love, will launch in January.

Pineapple Support to Host 'Life Transitions' Support Group

Pineapple Support is hosting a free online support group on navigating transitional and liminal spaces.

CamSoda Launches 'Trick or Tease' AI Companions

CamSoda has launched its Halloween-themed Trick or Tease AI companions.

Russian Lawmakers Call for Age Verification

Two Russian lawmakers have called on the country’s government to implement age verification for adult content.

British Documentary Spotlights XBIZ Amsterdam With Candid Conversations

British creator and host Josh Pieters traveled to XBIZ Amsterdam to film a documentary about the annual European adult industry conference.

XBIZ 2026 to Debut 'New Talent Go-See' Special Event

XBIZ 2026, North America’s premier adult industry conference, will debut a special event designed to help new talent jump-start their careers: the New Talent Go-See.

Show More