more on ICANN's "ex-ex-ex" domains and the slippery slope

[David Farber <dave () farber net>]

Begin forwarded message:

From: Seth Finkelstein <sethf () sethf com>
Date: June 2, 2005 3:03:48 PM EDT
To: David Farber <dave () farber net>
Cc: lauren () vortex com
Subject: Re: [IP] more on ICANN's "ex-ex-ex" domains and the slippery  
slope


[For IP, if of interest]
    Dave - In order to get a good idea of what's behind this
"domain pornography", I recommend reading the ICANN application text:

  Linkname: ICANN | .xxx New sTLD RFP Application
       URL: http://www.icann.org/tlds/stld-apps-19mar04/xxx.htm

".xxx CHARTER
The .xxx TLD is intended primarily to serve the needs of the global
online adult-entertainment community. ..."

    And here's the "money quote" (pun intended):

"In terms of possible domain name related litigation, ICM and IFFOR
believe that registrants may be better positioned to use an
affirmative statutory defense in connection with prosecution under
newly enacted US law. Under Section 108 of the Protect Act, entitled
Misleading Domain Names on the Internet (aka Truth in Domain Names),
it is now a crime in the US to knowingly use a domain name to deceive
a person into viewing obscenity or to knowingly using a domain name to
deceive a minor into viewing material that is harmful to minors.  
However,
Section 108 further provides that for the purposes of this section, a
domain name that includes a word or words to indicate the sexual
material on the site, such as `sex' or `porn', is not misleading."

    In short, it's apparently a way to extract rents from bona-fide
pornographers in return for a weak certification against legislation.
Not a bad business plan, since they managed to get ICANN on-board.

--
Seth Finkelstein  Consulting Programmer  sethf () sethf com  http:// 
sethf.com
Infothought blog - http://sethf.com/infothought/blog/
Interview - http://sethf.com/essays/major/greplaw-interview.php


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