ICANN To Approve .XXX

In an ICANN public forum held in Brussels today, it appears ICANN is set to approve the .XXX  tomorrow.

Citing the findings of the independent review panel which found that ICANN acted against its own rules when it rejected the .XXX extension, it appears ICANN board has no choice but to approve the extension.

Early indications is that the ICM registry will have to jump through just a couple of more hoops but passage looks certain.

As a domainer I have been against the extension, as I see no benefit to adult domain holders who will have to register defensive registrations generally at some 6x the cost of a .com.

However as an attorney I recognized that ICM is entitled to the extension based on the findings of the panel.

Although by definition the arbitration’s findings are not binding, both the ICM registry and ICANN spent millions of dollars on that proceeding and therefore I cannot rationally  see how the panels finding is not going to be honored.

New gTLD applicants seem to be overwhelming in support the approval of .XXX because they don’t want to suffer the same fate.

When these applicants put up a couple of hundred thousand dollars for a new extension, plus substantial other costs, they want to be assured if they ‘follow the rules” that there application won’t be denied at the end of the process by the board for a subjective reason.

Of course the final vote of the board isn’t until tomorrow and it being ICANN anything I guess an happen but I don’t think ICANN has any choice based on the finding of the Panel.

Comments

  1. says

    From as Domainer point of View, I see no use in this domain and most adult graphics site owners will not see the use in this unless its like aka keywords for their own site to be used like say generic words. This tld is a waste of time not only for domainers, adult website owners, ICANN, ICM and countless hours and money. This should have been denied again under the protection of Children online. Furthermore, from your last post on this when you explained the whole story, I feel like this all could have been avoided from the get go if ICM could have came up with a better extension rather then .xxx. Seriously Who in theri right mind is going to really register a .xxx when there are so many other better far more usable extensions available and new ones coming. I am ashamed that the United States and domainers against .xxx did not write responses before the vote.

  2. MHB says

    Randall

    The issue at this point isn’t whether the extension is good or bad.

    The issue today is that ICANN voted in favor of this extension YEARS ago.

    The registry appeals ICANN subsequent denial of the extension and the independent panel found ICANN action was against its own bylaws.

    The time to comment on the merits of the extension, its usefulness and the effect it could have on children was also YEARS ago.

    I commented back in those days against the extension, as many domainers (but not enough) did.

    This has nothing to do with the United States, ICANN is a global entity and the US gave up its direct authority over it earlier this year.

    Domainer traditionally ignore ICANN matters, as any post I write about ICANN is usually lightly read.

    Domainers only seem to care about what ICANN does, only after they do it.

  3. Francois says

    “Domainer traditionally ignore ICANN matters, as any post I write about ICANN is usually lightly read. Domainers only seem to care about what ICANN does, only after they do it.”

    Domaining.com stats confirm this fact.

  4. says

    I agree with Fracois

    Many large domainers like to stay under the radar. That said they want to stay as far away from the ICANN radar as possible. The effect on smaller domainers is not great enough for them to participate in regulatory matters, and they lack the sophistication of understanding the legal matters. The average person can’t think that far ahead.

  5. MHB says

    Business

    Here is the funny part, domainers are under the ICANN radar because they don’t participate.

    And that is not good.

    Because domainers don’t participate their voice is not heard.

    On the other hand, Trademark groups, registrars, and new gTLD applicants are not flying under the radar. These groups are participating in the process, they are making their points and getting their comments and thoughts on record.

    So how can ICANN listen to the concerns and comments of domainers if they don’t speak.

  6. says

    MHB

    I agree with all your points but I believe there is a fundamental issue as to why more domainers won’t organize and speak out.

    Maybe we should look and see what the Trademark Groups, Registrars, and new gTLD’s are doing differently. What is there message, what is the economics, what media/distribution/communication channels are they using, who is supporting them, how did they get organized, who are their organizers.

  7. MHB says

    Business

    Same old question we have been asking for a few years.

    We have a trade group the ICA

    Domainers by in large have not supported it.

    ICANN meetings are FREE, opened to everyone, and held on every Continent.

    Yet I saw less than 10 domainers out of over 1,000 attendees.

    Every proposal including .XXX was opened for comments to ICANN yet few domainers take the time to comment.

    That’s about all you need to know

  8. says

    “”Trademark groups, registrars, and new gTLD applicants are not flying under the radar. These groups are participating in the process, they are making their points and getting their comments and thoughts on record.
    So how can ICANN listen to the concerns and comments of domainers if they don’t speak.””

    Unfortunately this is no different than life as usual on “K Street”. Those offices are ‘funded and staffed’ by corps and interests that have the deep pockets to support and push their agendas, not the average citizens who are the victims of their consistant greed, and need to be protected. Let’s be real – It’s a lot easier to have ‘a few’ pushing ‘someones’ cause (one that they may even not care about but are being handsomely paid and supported to do so!) than for those (many) that have an interest they’d like to protect, but no time/knowledge/capital to put aside their daily routines/struggles/families/livelihoods, to try make meetings, do readups, and make ‘heads or tails’ over the legal/business complexities of the related issues. And to use the counter reply – “If everyone just contributed a little ____ (fill in the blank), then we’d….” Heck, we could of already solved world hunger!!

    So, unfortunately, big business as usual will get what they want, as they have the money and resources to push their agendas and wear down any opposing ones! And Big Business will continue to force us to accept their mantra – “Our lives.., according to their profits!”

  9. says

    This could be a double edge sword for the new gTLD applicants. On one hand, they are hopeful this will crack the ice and start expediting the process. Conversely, this may not be the best PR for them. I have no doubt some of the press will hail this as “one of the first new gTLDs to be approved by ICANN” and, thought I personally couldn’t care less, it could put a negative slant for a porn gTLD to lead the pack.

  10. visitor says

    Just a point of interest.

    Not all of the lobbyist are on K st.
    Many have Pennsylvania, Connecticut, or M St. addresses.

    For example, I was in Holland & Knight’s wash. office earlier this year.
    2009 Pa. Ave. Four blocks up from the White House. (1600 Pa. Ave.)
    Phil Corwin (ICA) office is 1301 Pa. Ave.

  11. domo sapiens says

    Good news in a way…
    I feel ICANN has effectively put a “magnify glass” over themselves , their policies and governance…
    Will see if there is more scrutiny…

  12. says

    I for one hope this move will eventually migrate the porn industry to xxx where they belong. Domainers have long been associated with the porn industry stigma. It is an image that reverse hi jacking has used in their arsenal to sway public opinion.

    Gratefully,

    Jeff

  13. says

    MHB,

    What I’d really like to know is:

    I’m assuming you’ve asked some “big domainers” why they don’t participate, and maybe you can shed some light on this rather than repeating some old questions from a few years back.

    I respect the fact that you are one of the most outspoken proponents of Doaminers Participation In ICANN Affairs.

    As Francois said this is not something most domainers are interested in which is evident from the number of responses on professional blogs, but why?

  14. MHB says

    Business

    I would say that domainers are like many short sighted and fail to do things that would be in their best long term interests.

    Most things that you have to do like this cost money and time and if its not someone knocking on your door many will disregard it

  15. R.M. says

    I thought the US gov’t had the right to override Icann decisions.
    Or, was that with the old DoC/Icann contract?

    Or, is the DoC veto part of the GAC committee?

    If the U.S. gov’t had a veto vote, would Obama permit .xxx to happen on his watch?

  16. MrX says

    Do we realy need more porn on the net?

    This dose not reflect in a good way for people in the domain business IMO.

    The domain industry is already struggling as we speak, and this is what they come with!

  17. says

    Whats the point?

    The people who set it up for their own ends like .cm will take absolutely everything of value and leave the scraps and then it will be another worthless extension.

    ICANN should be renamed to ICANT since they never learn from history, if it is opening then it should be open to all and not just an elite few.

  18. MHB says

    RM

    I believe the US gave up control over ICANN earlier this year, and it no long has veto power which it used the last time in rejecting the application

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