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ICANN’s GAC Opposes Dot-xxx

By: SM Gelerman

Posted: 03/29/2007

LISBON, Portugal - In a communiqué released Thursday, the Internet Corporation for Assigned Names and Numbers' Government Advisory Committee reaffirmed its disapproval of the current scheme to create a dot-xxx sponsored Top-Level Domain. The 46-member committee wrote in Section VIII of the communiqué, "The GAC reaffirms the letter sent to the ICANN board on 2 Feb. 2007. The GAC does not consider the information provided by the board to have answered the GAC concerns as to whether the ICM [Registry LLC] application [to manage dot-xxx] meets the sponsorship criteria.

"The GAC also…expresses concern that, with the revised proposed ICANN-ICM Registry agreement, [ICANN] could be moving towards assuming an ongoing management and oversight role regarding Internet content, which would be inconsistent with its technical mandate."

While the GAC communiqué is not binding on ICANN's board, it carries significant weight and may influence how board members vote on the controversial proposed sTLD during a board meeting scheduled for Friday morning. So might the presences of Free Speech Coalition Executive Director Diane Duke and Board of Directors Chairman Jeffrey Douglas, who have been in Lisbon since March 23 attempting to rally support for a decisive negative vote.

Duke previously told AVNOnline.com the FSC believes dot-xxx is a bad idea because, among other things, "it 'ghettoizes' the industry, making adult entertainment an easy target for anti-industry extremists and government intrusion."

FSC Director of Membership Development and Services Scott L. Lowther told AVNOnline.com, "The Free Speech Coalition concurs with the GAC's determination that ICAAN appears to have diverted from its mandate to 'coordinate the top-level domain identifiers, and to ensure their stable and secure operation...' by moving toward more of an oversight and management role.

"FSC's executive director and chairperson are in Lisbon during this week's ICANN Board meeting with the specific purpose of informing ICANN board members that the adult entertainment community does not feel that it has been adequately heard with regard to our vehement opposition to the creation of a dot-xxx sTLD," he continued.

The ICANN board comprises a 15-voting-member panel (with three observing members). It has the option of voting to approve the dot-xxx contract as it stands, rejecting the contract outright, or rejecting it but leaving room for a revised proposal. Should the board choose the latter option, it would contradict ICANN's desire to close the current round of domain-name proposals that began in 2004.

Another option would be to table the decision in order to allow for further discussion. This choice may be unlikely, as the board has discussed dot-xxx in one form or another since 2000 and has discussed the current version of the proposed contract in three separate, private teleconferences this year.

ICM Registry President and Chief Executive Officer Stuart Lawley appeared unfazed by Thursday's GAC communiqué.

"The GAC communiqué was not of any great meaning," Lawley told AVNOnline.com. "It didn't bring anything new out. It just reiterated the previous correspondence from the GAC.

"I don't think the GAC communiqué will have any bearing on tomorrow's [scheduled ICANN board] vote [about dot-xxx]," Lawley continued, "As long as ICANN can stick to its own bi-laws and its own processes, [dot-xxx] will gain approval. There is only one outcome, which will be to approve the contract."