Commerce Raises New Concerns Over .XXX

WASHINGTON — The U.S. Commerce Department has issued a letter to the chair of ICANN’s Government Advisory Committee expressing concern that the proposed registry agreement for .XXX scheduled to be voted on this week in Wellington, New Zealand is missing key provisions that ICM Registry had promised in past presentations.

The letter does not ask ICANN to take any specific action, such as delaying the vote on the controversial sponsored top-level domain, but Peter Dengate, a member of ICANN’s voting board, said issues raised in the letter could be enough to defer a vote.

“Once everybody is in Wellington, it is difficult for routine work to be done,” Dengate said, “so for perfectly good business reasons, it [the vote on .XXX] may not make the agenda in Wellington.”

Milton Mueller of ICANN Watch believes the letter is an attempt by Commerce to once again intervene with the establishment of the .XXX domain. According to Mueller, the letter’s author, Assistant Secretary for Communications and Information John M. R. Kneuer, is playing dirty pool in an attempt to stall a vote.

“The problem is that [Commerce] knows perfectly well why those commitments are not in the registry agreement: because the registry agreement they are criticizing is not the final one,” Mueller said. “It's difficult, if not impossible, for ICM to move ahead on any of these issues until the GAC and the [U.S. government] stop threatening to veto the whole domain.”

In his letter, Kneuer said his is concerned that “certain public interest benefits” previously promised by ICM Registry are not reflected in the current draft of the Registry Agreement, and he claims that ICM would not be obligated to provide those benefits if the agreement is approved this week.

The specific provisions Kneuer said are missing include:

  • The formation of a nonprofit policy development agency to create rules for .XXX. Kneuer said the current draft agreement makes not specific mention of the previously proposed International Foundation for Online Responsibility and instead “delegates all policy development authority for .XXX to ICM.”
  • Requiring .XXX registrants to adhere to best business practices.
  • Requiring all registrants to be labeled according to the Internet Content Ratings Association for filtering purposes.
  • Safeguarding children by sponsoring the development of technologies and educational programs. Commerce complained that the agreement lacks programs for combating child pornography, such as requiring sites to provide proof of age for models, as well as funding for global child-protection initiatives. ICM has promised in presentations and support materials to donate $10 per domain to fund such programs, but the draft agreement does not specifically mention the donation.
  • Implementing a WhoIs compliance program.
  • Promoting responsible marketing practices and prohibiting SPAM and malicious code.
  • Mueller said that Commerce has raised similar concerns in the past, and that ICM Registry’s Stuart Lawley has pointed out that, in doing so, the agency is placing higher expectations on ICM Registry than it does on registries for other sTLDs.

    In an earlier response to a similar Commerce claim, Lawley wrote that such details will be ironed out after ICM Registry gets ICANN’s approval to move forward. It is unrealistic, he said, “to expect the community to undertake this significant work, and for ICM to fund it, in advance of ICANN’ s ratification of the proposed Registry Agreement. No other sTLD has been asked to do so.”

    Copyright © 2026 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

    Pineapple Support Partners with Better Life Science's 'STD Hero'

    Pineapple Support has partnered with Better Life Science brand STD Hero.

    Brazil Sets Enforcement Timeline for New AV Rules

    Brazil’s National Data Protection Authority (ANPD) on Friday published a timeline outlining planned steps for monitoring and enforcing age verification under the country’s Digital Statute for Children and Adolescents (Digital ECA), which took effect Tuesday.

    Utah Governor Signs 'Porn Tax' and VPN Rule Into Law

    Governor Spencer Cox on Friday signed into law a bill to tax adult websites and make them liable if minors circumvent geolocation.

    BranditScan Launches 'White Glove' Subscription Tier

    BranditScan has launched its new White Glove subscription tier for creators.

    German Court: Regulator Can't Block Creator's IG Account, Only Posts

    A German court has ruled that while a regional media regulatory agency may block specific Instagram posts that include material deemed harmful to minors, it cannot ban an entire Instagram account due to such a post.

    Brazil Lays Out Preliminary Guidelines for New AV Requirements

    President Luiz Inácio Lula da Silva on Wednesday signed a decree establishing guidelines for new regulations requiring adult websites to age-verify users located in Brazil.

    Senate Committee Debates Section 230 Reform

    The U.S. Senate Committee on Commerce, Science, and Transportation held a hearing Wednesday on potential changes to Section 230 of the Communications Decency Act, which protects interactive computer services — including adult platforms — from liability for user-generated content.

    Pearl Industry Network Offers Free Creator Memberships

    Industry trade group Pearl Industry Network (PiN) has launched its free creator membership initiative.

    Sam Bird Acquires Fanblast

    Sam Bird, former co-director of global talent agency Surge, has acquired creator monetization tool Fanblast and named himself CEO.

    'SheHerGirls' Launches Through Paysite.com

    The braintrust behind PoleVixens has officially launched a new membership site, SheHerGirls, also through Paysite.com.

    Show More