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

FSC Publishes Analysis of Federal Trade Commission Event Promoting AV

Free Speech Coalition (FSC) has published an analysis of a Federal Trade Commission (FTC) event held this week that promoted age verification among other forms of speech regulation.

GirlsDoPorn Owner Michael Pratt Pleads Guilty to Sex Trafficking

Michael Pratt, former owner of the rogue website GirlsDoPorn, pleaded guilty in the U.S. District Court for the Southern District of California on Thursday to sex trafficking and conspiracy to commit sex trafficking charges, according to a report by City News Service.

Master Nico Relaunches Site Through YourPaysitePartner

Master Nico has relaunched his official website through YourPaysitePartner (YPP).

Federal Judge Grants Partial Halt of Florida AV Law

The United States District Court for the Northern District of Florida, Tallahassee Division, has granted a preliminary injunction against HB 3, the state's age verification law, as a lawsuit filed by two online trade associations challenging the law makes its way through the courts.

Aylo Releases Statement on Suspending Access to Pornhub in France

Technology and media company Aylo, which operates adult sites including Pornhub, YouPorn, and Redtube, has released a public statement regarding its decision to block access to its sites in France.

Pineapple Support to Host Wellness Sessions at Bucharest Summit

Pineapple Support is hosting free group and one-on-one therapy sessions at Bucharest Summit, June 3-5.

Pornhub Blocks Access in France in Response to SREN Law

Pornhub parent company Aylo has opted to block access to its sites in France rather than comply with age verification requirements under the country’s Security and Regulation of the Digital Space (SREN) law.

ASACP Highlights Study on Parental Controls

The Association of Sites Advocating Child Protection (ASACP) is highlighting the results of a study on the underutilization of parental controls.

Sydney Screams Launches New Site Through Grooby's Blue.xxx

Sydney Screams has launched her new membership site, SydneyScreams.xxx, through Grooby's website management company Blue.xxx.

Mistress Mystii Is LoyalFans' 'Featured Creator' for June

LoyalFans has named Mistress Mystii as its Featured Creator for June.

Show More