.xxx back from the dead?

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The Free Speech Association 1 reports that ICANN is re-considering the creation of the .xxx domain. As I've said before, I don't much care whether .xxx gets created or not, but it's worth checking out the proposed terms, which include all kinds of obligations for the operator to enforce content restrictions, including:

Registry Operator will prohibit child pornography, including practices that appeal to pedophiles or suggest the presence of child pornography on the site.
This seems pretty vague. The definition of what child pornography is varies quite a bit depending on which country (and even within states in the US). What set of rules are to be applied? Even within the set of things which clearly aren't child pornography, what does "practices that appeal to pedophiles". Does that include "barely-legal" type material?" If it turns out that pedophiles like kittens, will cuteoverload.xxx be out of bounds?

Registry Operator/IFFOR will impose and enforce best practices obligations including standards to:
a. Prohibit misuse of personal information
b. Require accurate meta-tagging
c. Ensure clear and accurate consumer disclosures
d. Protect IP rights
e. Prohibit use of malicious codes and technologies (i.e. spoofing)
f. Prohibit fraudulent, anonymous, or unsolicited commercial emails
g. Prohibit use of malicious redialers, credit card fraud, and/or unauthenticated use of credit cards
Section (d) is particularly interesting. If I use my .xxx domain name to download stuff from then ICM might take away my .xxx domain name?

3. Registry Operator will (i) promote the principles set forth in the United Nations Declaration of Human Rights related to free expression and (ii) prohibit child pornography as defined in the United Nations Convention on the Rights of the Child ("UNCRC")
For references, here's what the UNDHR says about free expression:
Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
What exactly is ICM expected to do to promote these principles? Give money to the ACLU?

The whole thing is pretty long on principles and short on details.Not really surprising, since that's a pretty good description otf the notion that you can divide the Internet into adult content on one side and non-adult on the other.

1 The trade association of the adult film industry. Nice euphemism, eh?

1 Comments

It sounds like they aim to answer your question about what constitutes child pornography by reference to the UNCRC. However I just looked that over and it does not appear to define child pornography.

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