While the proposed top-level domain .XXX was a focus of discussion, larger issues of geopolitics and ICANN independence were the real heart of the meeting, according to Tom Hymes, communications director for the Free Speech Coalition.
In the past, ICANN has been no stranger to criticism that its policies are too heavily influenced by the U.S.
“It’s unfortunate, but .XXX has become a kind of litmus test for ICANN’s independence,” Hymes told XBIZ. “I don’t know if that was the plan, but right now .XXX is a smaller issue set against a much larger backdrop of geopolitics.” According to Hymes, the question of industry support for .XXX is no longer something that ICM Registry, the company licensed to sell the proposed TLDs, and ICANN are grappling with.
However, the substantive issues, such as content regulation, may not be off the table because various Governmental Advisory Committee (GAC) countries have expressed their concerns. Among the 33 GAC members who have expressed concern over .XXX are the European Union, Australia and Japan.
In a letter independent of GAC, Australian Minister of Communications Helen Coonan expressed her concern to ICANN.
“The Australian Government would be concerned by the creation of an Internet domain specifically for material which is largely illegal under Australian online content laws,” Sen. Coonan wrote. “This Government takes a strong stand on Internet pornography and we would not support any measure which could lead to an increase in offensive content on the Internet.”
Objections to .XXX from various GAC members, such as those voiced by Australia, may mean that the substantive concerns over the merits of .XXX could be revisited.
“GAC could leave the door open to sponsored support issues,” Hymes said. “They remain as the last procedural hurdle to .XXX.”
According to Hymes, while ICANN does not technically need GAC approval for .XXX, the TLD is not likely to go through without GAC support because of larger political concerns.
In a GAC communiqué dated March 28, GAC criticized ICANN for not requiring ICM to include as contractual obligations certain promises that were made in a November presentation to GAC.
“GAC’s concern over what kind of content will be allowed in .XXX is key because different countries have different laws,” Hymes said.
Criticism from GAC and negotiations with ICANN staff have put ICM in a difficult spot.
“The problem is that we can’t determine the exact details of what .XXX will be,” Hymes said. “ICM is trying to get this done, but a lot of it happens in closed-door meetings.
“Our fear is that .XXX will pass without working out these key details and then one company, operating for profit, will get to make decisions that affect a lot of people.”
The next ICANN meeting is scheduled for June 26-30 in Marrakech, Morocco. Whether .XXX will be resolved at the meeting remains unclear.
