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.xxx
.xxx TLD Logo from ICM Registry
Introduced15 April 2011; 13 years ago (2011-04-15)
TLD typeSponsored top-level domain
StatusGenerally available
RegistryICM Registry, LLC
SponsorInternational Foundation for Online Responsibility
Intended useInternet pornography
Actual useMainly as secondary domains for pornographic websites
Registration restrictionsApplicants are pre-screened and their existing Web sites checked to ascertain they are part of the adult entertainment community; a post-registration challenge process exists also; standards such as not marketing to minors must be adhered to
StructureDirect second-level registrations allowed
DocumentsRFC 3675, ICANN New sTLD RFP Application
Dispute policiesUDRP, Charter Eligibility Dispute Resolution Procedure (CEDRP), Start-Up Trademark Opposition Procedure (STOP)
DNSSECNo
Registry websiteICM Registry

.xxx (pronounced "dot triple-ecks" or "dot ecks ecks ecks") is a sponsored top-level domain (sTLD) intended as a voluntary option for pornographic sites on the Internet. The sponsoring organization is the International Foundation for Online Responsibility (IFFOR).[1] The registry is operated by ICM Registry LLC. The ICANN Board voted to approve the sTLD on 18 March 2011.[2] It went into operation on 15 April 2011.[3]

The TLD entered its sunrise period on 7 September 2011 at 16:00 UTC;[4] the sunrise period ended 28 October 2011. Landrush period lasted from 8 November through 25 November, and general availability commenced on 6 December 2011.[5]

Background

A gTLD (generic top-level domain) for sexually explicit material was proposed as one tool for dealing with the conflict between those who wish to provide and access such material through the Internet, and those who wish to prevent access to it, either by children and adolescents, or by employees at their workplaces.

Advocates of the idea argue that it will be easier for parents and employers to block the entire TLD, rather than using more complex and error-prone content-based filtering, without imposing any restrictions on those who wish to access it.[6] Editors of explicit content sites, however, were afraid that the use of a single TLD like .xxx would also make it easier for search engines to block all of their content.[7]

Critics of the idea argue that because there is no requirement for providers of explicit content to use the TLD, sexually explicit material will still be commonplace in other domains, making it ineffectual at restricting access, and simply creating a new "landrush" as registrants of .com domains hosting explicit material attempt to duplicate their registrations in the .xxx domain, competing with operators who hope to register desirable names unavailable in other TLDs. There is also concern that the existence of .xxx will lead to legislation making its use mandatory for sexually explicit material, leading to legal conflicts over the definition of "sexually explicit", free speech rights, and jurisdiction.[6][8]

There were also early indications that .xxx domain names will be registered not with the intent to focus on pornographic content, but to use the adult connotations as a benefit to a marketing strategy.[9] An example is the registration of kite.xxx, which is aimed at the extreme sport of kitesurfing, thus benefiting from sexual connotations and innuendo for humor and promotional purposes. Another example of a .xxx domain name being registered without a focus on pornographic content was the registration of popebenedict.xxx, which contained pro-Islamic content despite being named after Pope Benedict XVI.[10]

Proposal by ICM Registry

The .XXX TLD was first proposed in 2000 by ICM Registry and resubmitted in 2004, but it faced strong opposition from politicians and conservative groups.[11]

ICANN announced on 1 June 2005 a preliminary approval of .xxx as an sTLD similar to .aero, .travel, etc. ICM said it would charge $60/year for domains. In December 2005, discussions about the implementation of .xxx were taken off the agenda of ICANN Governmental Advisory Committee (GAC), placing its future in doubt. In its March 2006 meeting, the GAC formulated a letter of concern to the ICANN board about .xxx. On 10 May 2006, ICANN reversed the approval.[12] On 6 January 2007, ICANN put up for public comment a revised proposal[13] following changes to the policy of the ICM registry including the policing of any site that signs up to use the .xxx registry.[14] On 30 March 2007, the ICANN board again rejected the .xxx proposal for the third time.[15]

On 6 June 2008, in accordance with ICANN bylaws, ICM filed an application with the International Centre for Dispute Resolution for an independent review challenging ICANN's decision. The filing became ICDR Case No. 50 117 T 00224 08, and in September 2009, a live hearing was held in Washington, DC, where both sides submitted documentary evidence and witness testimony. On 19 February 2010, the ICDR's independent review panel – consisting of Stephen M. Schwebel, Jan Paulsson and Dickran Tevrizian – issued its declaration.[16] The panel found that the application for the ".XXX sTLD met the required sponsorship criteria," and that "the Board’s reconsideration of that finding was not consistent with the application of neutral, objective and fair documented policy".[17] At the ICANN meeting in Nairobi in March 2010 the board resolved to consider "process options". A 45-day public comment was opened on 26 March 2010.[18] At the Brussels ICANN meeting in June 2010, the ICANN board resolved to restart the process, including renewed due diligence and GAC consultations.[19]

On 18 March 2011, ICANN's board approved the execution of the registry agreement with ICM for the .xxx sponsored top level domain. The vote was nine in favor, four against, with three abstentions.[20]

ICM is expected to make over $200 million a year, with 3 to 5 million domain registrations, as companies are anticipated to defensively register their domains.[21]

Opposition

Manwin suits

On 16 November 2011, Manwin International, a pornography company that operates a large number of popular adult websites including YouPorn, filed a request for a second ICANN Independent Review Proceeding. In the request, Manwin asks that the .xxx delegation be voided, or, if not, put up to competition on renewal.[22]

On the same day Manwin, together with adult film studio Digital Playground, filed a suit in the Central District of California against ICM alleging antitrust and competition violations.[23][24] Among the claims in the suit are that ICANN provided "no competitive process for the award of the .XXX registry contract" and that ICM CEO Stuart Lawley "has announced that he expects to be able (and intends) to prevent the establishment of any other (potentially competing) adult-content TLDs, including through a contractual promise by ICANN not to approve such TLDs".[25]

On 14 August 2012, Judge Philip S. Gutierrez granted in part and denied in part ICANN's motion to dismiss Manwin's claims and allowed the case against ICANN to move forward.[26] On 10 May 2013, the case was voluntarily dismissed by the parties, likely due to private settlement.[24]

Free Speech Coalition

The Free Speech Coalition opposed the domain, arguing it would "harm the adult entertainment business" by inviting censorship and blocking, while raising money for ICM without considering the "best interests of the industry".[27]

Alternative implementations

Starting in 2005, there was an alternative implementation of .xxx by New.net, a private domain registration service unaffiliated with ICANN, via an alternative DNS root.[28][29][30] New.net no longer offers domain names under this unofficial TLD.[original research?]

Another unofficial .xxx TLD was previously available through the alternative DNS root system administered by the now-defunct AlterNIC.[31]

References

  1. ^ "International Foundation for Online Responsibility". Iffor.org. Archived from the original on 25 March 2011. Retrieved 21 March 2011.
  2. ^ "Adopted Board Resolutions". ICANN. 18 March 2011. Archived from the original on 23 April 2011. Retrieved 21 March 2011.
  3. ^ Kevin Murphy (17 April 2011). "XXX domain names go live". The Register. Archived from the original on 19 August 2011. Retrieved 17 May 2011.
  4. ^ "XDnet Web Hosting Blog » Blog Archive » .XXX is here – Sunrise period has began". Xdnet.co.uk. 8 September 2011. Archived from the original on 24 November 2011. Retrieved 11 November 2011.
  5. ^ "XDnet Web Hosting Blog » Blog Archive » .XXX – What's it all about?". Xdnet.co.uk. 27 July 2011. Archived from the original on 11 November 2011. Retrieved 11 November 2011.
  6. ^ a b "Senators Baucus and Pryor Author Bill to Create Mandatory Adult TLD". YNOT. 16 March 2006. Archived from the original on 18 July 2011. Retrieved 21 March 2011.
  7. ^ ".XXX domains go live on World Wide Web – Adult sites to become more controlled | Blog Gadget Helpline/". Gadget Helpline.com. 18 April 2011. Archived from the original on 26 June 2011. Retrieved 19 April 2011.
  8. ^ "Mandatory .XXX Senate Bill Created". SEO BlackHat. 16 March 2006. Archived from the original on 27 November 2010. Retrieved 21 March 2011.
  9. ^ Lance Ulanoff (10 December 2011). "XXX domains an obvious failure (user comments)". Mashable. Archived from the original on 3 January 2012. Retrieved 29 December 2011.
  10. ^ Murphy, Kevin (19 March 2012). Pope Benedict in .XXX pro-Islam cybersquat drama Archived 7 July 2017 at the Wayback Machine. theregister.co.uk.
  11. ^ Previous post Next post (19 March 2011). "ICANN Approves .XXX Red-Light District for the Internet | Epicenter". Wired. Archived from the original on 22 March 2011. Retrieved 21 March 2011.
  12. ^ Internet agency nixes ‘.xxx’ Web addresses .
  13. ^ "ICANN Publishes Revision to Proposed ICM (.XXX) Registry Agreement for Public Comment". Archived from the original on 8 March 2009. Retrieved 14 April 2009.
  14. ^ "Proposal for porn domain revived". BBC News. 8 January 2007. Archived from the original on 11 January 2009. Retrieved 2 November 2009.
  15. ^ NBC News: Agency votes against '.xxx' domain for porn . Retrieved 11 July 2007.
  16. ^ "Independent Review Panel Declaration" (PDF). ICANN. 19 March 2010. Archived (PDF) from the original on 1 April 2014. Retrieved 2 March 2014.
  17. ^ "ICANN Options Following the IRP Declaration on ICM's .XXX Application" (PDF). ICANN. 26 March 2010. Archived (PDF) from the original on 1 June 2010. Retrieved 6 May 2010.
  18. ^ "Public Comment: Report of Possible Process Options for Further Consideration of the ICM Application for the .XXX sTLD". ICANN. 26 March 2010. Archived from the original on 28 April 2010. Retrieved 6 May 2010.
  19. ^ "Adopted Board Resolutions". ICANN. 25 June 2010. Archived from the original on 13 June 2011. Retrieved 21 March 2011.
  20. ^ "ICANN Board – dot xxx decision – March 18, 2011". Wwwhatsup. 20 March 2011. Archived from the original on 25 February 2012. Retrieved 21 March 2011.
  21. ^ "ICANN Approves .XXX Domain for Adult Web Content". Cloud Computing News. eweek.com. 21 March 2011. Retrieved 11 November 2011.
  22. ^ "Manwin Licensing International v. ICANN". ICANN. Archived from the original on 19 November 2011. Retrieved 18 November 2011.
  23. ^ "Complaint – Manwin Licensing International Sarl et al. v. ICM Registry LLC et al., 2:11-cv-09514, No. 1 (C.D.Cal. Nov. 16, 2011)". Docket Alarm.
  24. ^ a b "Court Docket – Manwin Licensing International Sarl et al. v. ICM Registry LLC et al".
  25. ^ Rhett Pardon (16 November 2011). "Manwin, Digital Playground File Suit Against ICM, ICANN". Xbiz. Archived from the original on 14 January 2012. Retrieved 18 November 2011.
  26. ^ "Order Granting in Party and Denying in Part ICANN and ICM's Motion to Dismiss". Docket Alarm, Inc. Retrieved 19 July 2013.
  27. ^ "Pr0n stars to demo against .xxx". The Register. 9 March 2011. Archived from the original on 10 August 2017. Retrieved 10 August 2017.
  28. ^ "Domain Names". New.net. Archived from the original on 10 July 2011. Retrieved 21 March 2011.
  29. ^ "XXX domain drop leads to having the US Government Sued". Spotlighting News. Archived from the original on 21 May 2011. Retrieved 21 March 2011.
  30. ^ "The True About New.net Domain Names". Netchain.com. Archived from the original on 12 February 2011. Retrieved 21 March 2011.
  31. ^ Chris Oakes (10 April 1998). "AlterNIC to Reincarnate?". Wired. Archived from the original on 15 June 2011. Retrieved 21 March 2011.