Contract Talks Over .XXX Have FSC Concerned

WELLINGTON, New Zealand — Just when it looked like ICANN had buckled under U.S. Commerce Department pressure to shelve the proposed .XXX top-level domain, leaving ICM Registry in the cold, the Free Speech Coalition is concerned that .XXX may once again be alive and well. At issue are a series of correspondences between ICANN’s General Advisory Committee, Commerce and ICM regarding contract provisions that, if adopted, would be binding on all .XXX domains.

While .XXX appeared to have stalled of late, a recent bill introduced by Sens. Max Baucus and Mark Pryor combined with the current contract talks raises old concerns anew.

A March 20 letter from Commerce to GAC stated “that the key commitments offered by ICM Registry to the GAC are not reflected in the provisions of the proposed .XXX Registry Agreement.”

That letter drew criticism from ICM President Stuart Lawley, who stated in a March 25 letter to GAC that Commerce was incorrect in its assessment. In that letter, Lawley asserted ICM’s commitment to best practices to obligate registrants to prohibit illegal content.

That assertion raised alarms at the FSC. Chief among the trade-group’s concerns were that no specifics regarding how material would be deemed “illegal” were given, nor was there any mention of who would make that determination, according to Tom Hymes, communications director for the FSC.

According to the FSC, the following provisions also are being recommended for inclusion in the ICANN/ICM agreement:

  • Proof of age will be required of actors portrayed in .XXX domains.
  • A WHOIS compliance policy with “additional verification processes” must be established for all .XXX domains.
  • ICM Registry will maintain accurate details of registrants and assist law enforcement agencies to identify and contact the owners of particular websites.
  • ICM Registry will ensure the protection of intellectual property and trademark rights, personal names, country names, names of historical, cultural and religious significance and names of geographic identifiers drawing on best practices in the development of registration and eligibility rules.
  • “The Free Speech Coalition has long opposed the establishment of a .XXX top-level domain name because of its potential to serve as an easy censorship tool,” Hymes said. “ICM Registry’s hope to establish and operate a voluntary .XXX TLD free from government interference appears to be a dangerous pipe dream, now more than ever before.”

    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

    US Arcades Introduces Multi-Language Support

    U.S. Arcades has introduced multi-language support to its arcade units.

    New Creator Directory 'TrustyFans' Launches

    TrustyFans, a new directory for creators, has officially launched.

    Corey Silverstein to Host Webinar on 'SCOTUS Age Verification Ruling'

    Where Does Age Verification Go From Here," to livestream July 10 at 4 p.m. (EDT).

    FSC Publishes Guidance on Google Analytics Lawsuits

    The Free Speech Coalition (FSC) has published guidance on how adult websites can protect themselves in the wake of several consumer class action lawsuits filed against sites for using Google Analytics.

    BranditScan, CreatorTraffic Partner for 'Creators & Agencies' Initiative

    BranditScan and advertising network CreatorTraffic have partnered for an initiative to help creators and agencies generate traffic and protect their content.

    Teasy Agency Joins Pineapple Support as Supporter-Level Sponsor

    Teasy Agency has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

    Aylo, Pineapple Support Partner for Mental Health Video Series

    Aylo has teamed up with Pineapple Support to create a safety video series aimed at educating performers and creators about mental health.

    Ofcom Investigates FTV Sites for Possible AV Noncompliance

    U.K. media regulator Ofcom is investigating First Time Videos, which operates the sites FTVGirls.com and FTVMilfs.com, for possible failure to comply with age assurance requirements under the Online Safety Act.

    Stalwart Defender: Jeffrey Douglas on 30 Years Fighting for Free Expression

    “If you had told me in 1995 that I would be on the FSC board for 30 years, I would have laughed out loud,” says Jeffrey Douglas.

    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.

    Show More