Rejections of '.xxx' worrisome

On March 30, the Internet Corporation for Assigned Names and Numbers rejected a proposal by ICM Registry Inc. for a ".xxx" domain for Web addresses. If the proposal had passed, it would have let providers of adult entertainment sites voluntarily register with the new domain, making it easier for families to avoid age-inappropriate materials.

This is the third time the ICANN board rejected such a proposal from ICM.

What does this somewhat obscure international organization have to do with how the Internet will be managed and how governments around the world will view their role in regulating content? Quite a lot — and not necessarily all good.

The issue of what to do about online porn while protecting free speech goes back several years. The Communications Decency Act of 1996 — a portion of the Telecommunications Act that made it a crime to place on the Internet any sexual expression that was patently offensive or indecent unless the material could be effectively shielded from minors — was struck down by the Supreme Court a year later for being "too broad." Next came the Child Online Protection Act of 1998, with provisions for age verification and other measures to shield children from harmful content. COPA also established a congressional commission to consider the best way to protect kids online. A hold was put on the substantial part of the law for nine years. After a recent federal court ruling upholding the injunction, the government is deciding whether to appeal. Other bills have been floated, and still more have been drafted.

I first became aware of the proposed ".xxx" domain during my time as a congressionally appointed member of the COPA Commission in 2000. The promoter was Sen. Joseph I. Lieberman of Connecticut. He argued that "rather than constricting the Net's open architecture, it would capitalize on it to effectively shield children from pornography, and it would do so without encroaching on the rights of adults to have access to protected speech."

ICM Registry agreed, took up the idea of the ".xxx" domain and promoted it to ICANN, the global coordinator of domain names. The first proposal was rejected in 2000 on the grounds that ICANN did not want to be in the content-regulation business. A revised contract from ICM with a proposed new body, the International Foundation for Online Responsibility, was rejected in 2004 on the grounds that the bid was too "vague." After incorporating ICANN's concerns and addressing the organization's fear of being seen as a global content cop, ICM submitted a further revised bid in January. This, too, has been turned down.