Saying ICM Registry's proposal to manage a dot-xxx sponsored Top-Level Domain "failed to meet, among other things, the sponsored community criteria of the [request for proposal] specification" and "based on the extensive public comment and from the [Government Advisory Committee] communiqués, this agreement raises public policy issues," the board of directors for the Internet Corporation for Assigned Names and Numbers on Friday voted to reject ICM Registry LLC's proposal for dot-xxx.
"Approval of the ICM application and revised agreement is not appropriate, as they do not resolve the issues raised in the GAC communiqués, and ICM's response does not address the GAC's concern for offensive content and similarly avoids the GAC's concern for the protection of vulnerable members of the community," according to the resolution ICANN's board approved by a nine to five margin. "The board does not believe these public policy concerns can be credibly resolved with the mechanisms proposed by the applicant.
"The ICM application raises significant law-enforcement compliance issues because of countries' varying laws relating to content and practices that define the nature of the application, therefore obligating ICANN to acquire responsibility related to content and conduct," the resolution continued. "The board agrees with the reference in the GAC communiqué from Lisbon that under the revised agreement, there are credible scenarios that lead to circumstances in which ICANN would be forced to assume an ongoing management and oversight role regarding Internet content, which is inconsistent with its technical mandate."
It concluded, "Accordingly, it is resolved … that the proposed agreement with ICM concerning the dot-xxx sTLD is rejected, and the application request for delegation of the dot-xxx sTLD is hereby denied."
Although ICANN Chairman Vinton Cerf noted "the board is not of one mind in this particular proposal," he indicated the governing body would not entertain another proposal.
ICANN board members Susan Crawford (who called the resolution "not only weak, but unprincipled"), Peter Dengate Thrush, Joichi Ito, Rajasekhar Ramaraj, and Dave Wodelet voted against the resolution, and ICANN Chief Executive Officer Paul Twomey abstained.
"This decision was the result of very careful scrutiny and consideration of all the arguments," Cerf said. "That consideration has led a majority of the board to believe that the proposal should be rejected.
"I thank my fellow board members and the community for their input," he added.
In a prepared statement distributed early Friday morning, adult industry trade group Free Speech Coalition indicated "the presence of the Free Speech Coalition [at ICANN's general meeting March 26-30] was influential. The participation of so many webmasters, from the largest to the smallest, positively affected the outcome. Due to ICANN's commitment to bottom-up decision making, the voices of thousands of webmasters voicing opposition was important."
FSC board member Reed Lee observed, "The ICANN board members who voted against dot-xxx did so almost uniformly for one or both of two reasons: They didn't want ICANN ensconced in content control and censorship controversies, and they recognized that sharp opposition from the community distinguished this application from all others in this sponsored round. These were the issues Free Speech coalition advocated."
According to FSC Chairman Jeffrey J. Douglas, "This process demonstrates the power of the collective voice of the industry. We of the Free Speech Coalition are proud to embody that voice. Together we can accomplish extraordinary things."
Added FSC Executive Director Diane Duke, "When we come together to tell the truth about our industry as a healthy, vital, positive component of today's business community, we have a powerful voice. Our presence at this conference was a direct result of membership support and what we can do when we come together as an industry. Thank you to all who supported us in this endeavor."
