A Q&A on Explicit Internet Domain Name Litigation

Let me ask you a question. Would you voluntarily leave your job to join another company that would essentially cost you more money to work for and they can change regulations and policies over you at any moment? Wow. What an exciting opportunity! Excuse my sarcasm if you noticed any.

If you think that whole scenario is all make believe then you are mistaken. That is exactly what some organizations want to do with adult web sites on the internet. The Internet Corporation for Assigned Names and Numbers, otherwise known as the ICNN, the Internet's key oversight agency, is nearing a vote on creating a voluntary ".xxx" domain name for pornography sites.

The decision ultimately could hinge on whether ".xxx" has the support of the adult-entertainment industry, and many porn sites are strongly opposed. Porn sites are largely concerned that the domain name, while billed as voluntary, would make it easier for governments to later mandate its use.

Here are some other helpful answers for you concerning this witch-hunt:

• What are domain names?

Behind every machine connected to the Internet is a series of four numbers known as an Internet Protocol address. Domain names were created as an easy-to-remember shortcut. It's much easier to remember "ap.org" than "165.1.59.220." When you type a domain name into a Web browser or an e-mail message, your computer checks a series of domain name servers to match the name to the equivalent numeric address.

• Where does ".xxx" fall?

The current proposal grew out of the 2004 round of bids, which ICANN specifically restricted to sponsored names, meaning their use would be limited to a specific community, be it the travel industry or porn sites. ICM Registry Inc., a Florida startup founded by entrepreneurs with backgrounds in domain names and U.K. Internet companies, sought its creation. If approved, its use would be voluntary, just as with any other domain.

• Why has a decision taken so long?

Of the 10 applications, only ".xxx" and ".post" for postal services remain pending. After considerable debate, ICANN rejected the ".xxx" proposal last May, but ICM came back with a new plan with more specifics. Even before that got a vote, ICM returned with yet another proposal to address concerns about enforcement abilities and the independence of a nonprofit body that would set rules governing the domain's use. Each step meant a period for public commenting and opposition among adult Web sites and religious groups remains strong.

• What happens if the name is rejected?

That would largely depend on the wording of ICANN's resolution, but ICANN rarely throws out a bid outright, meaning ICM likely could return later with a revision to address any concerns. However, ICANN appears ready to close the 2004 round of bids as it prepares to launch a new round. ICM also could seek to have the decision reviewed through ICANN channels or file a lawsuit if it believes ICANN failed to follow its own guidelines.

• What happens if the name is approved?

Assuming the U.S. government does not wield the veto power it has over ICANN, ".xxx" would be entered into the domain name system within months. ICM would establish a program to set aside certain names, such as trademarks and geographic places. Web sites wanting any remaining name would sign up with an approved registration company, which would forward to ICM $60 for each name sold. No site would be required to use the domain, and sites would be free to keep their existing names under ".com" and elsewhere. Parents could set their filtering software to block all ".xxx" sites, although that alone won't stop all such sites given its voluntary nature.

• Shouldn't ".xxx" be mandatory then?

Mandating the domain's use would raise significant problems, namely how to define pornography. Should any site with nudity be classified? What about artistic or educational sites, such as ones on breast feeding? And who should decide, given conflicts between pornography and speech laws around the world?

"One of the criteria is that it must have general support among the industry it's supposed to serve, and it does not," explains an expert at PC World. “Not one single webmaster or adult video producer is in favor of '.xxx."

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