Susan Crawford reports that the ICANN board has voted not to proceed with creation of the .xxx domain. Susan, who is on ICANN’s board but voted against the decision, calls it a “low point” in ICANN’s history.
[Background: ICANN is a nonprofit organization that administers the Domain Name System (DNS), which translates human-readable Internet names like “www.freedom-to-tinker.com” into the numeric IP addresses like 192.168.1.4 that are actually used by the Internet Protocol. Accordingly, part of ICANN’s job is to decide on the creation and management of new top-level domains like .info, .travel, and so on.]
ICANN had decided, some time back, to move toward a .xxx domain for adult content. The arrangements for .xxx seemed to be ready, but now ICANN has pulled the plug. The reason, apparently, is that the ICANN board was worried that ICM, the company that would have run .xxx, could not ensure that sites in the domain complied with all applicable laws. Note that this is a different standard than other domain managers would have to meet – nobody expects the managers of .com to ensure, proactively, that .com sites obey all of the national laws that might apply to them. And of course we all know why the standard was different: governments are touchy about porn.
Susan argues that the .xxx decision is a departure from ICANN’s proper role.
ICANN’s mission is to coordinate the allocation of domain names and numbers, while preserving the operational stability, reliability, and global interoperability of the Internet. The vision of a non-governmental body managing key (but narrow) technical coordination functions for the Internet remains in my view the approach most likely to reflect the needs of the Internet community.
[…]
I am not persuaded that there is any good technical-competency or financial-competency reason not to [proceed with .xxx].
The vision here is of ICANN as a technocratic standard-setter, not a policy-maker. But ICANN, in setting the .xxx process in motion, had already made a policy decision. As I wrote last year, ICANN had decided to create a top-level domain for adult content, when there wasn’t one for (say) religious organizations, or science institutes. ICANN has put itself in the position of choosing which kinds of domains will exist, and for what purposes. Here is Susan again:
ICANN’s current process for selecting new [top-level domains], and the artificial scarcity this process creates, continues to raise procedural concerns that should be avoided in the future. I am not in favor of the “beauty contest” approach taken by ICANN thus far, which relies heavily on relatively subjective and arbitrary criteria, and not enough on the technical merits of the applications. I believe this subjective approach generates conflict and is damaging to the technically-focused, non-governmental, bottom-up vision of ICANN activity. Additionally, both XXX and TEL raise substantial concerns about the merits of continuing to believe that ICANN has the ability to choose who should “sponsor” a particular domain or indeed that “sponsorship” is a meaningful concept in a diverse world. These are strings we are considering, and how they are used at the second level in the future and by whom should not be our concern, provided the entity responsible for running them continues to comply with global consensus policies and is technically competent.
We need to adopt an objective system for the selection of new [top-level domains], through creating minimum technical and financial requirements for registries. Good proposals have been put forward for improving this process, including the selection of a fixed number annually by lottery or auction from among technically-competent bidders.
One wonders what ICANN was thinking when it set off down the .xxx path in the first place. Creating .xxx was pretty clearly a public policy decision – though one might argue about that decision’s likely effects, it was clearly not a neutral standards decision. The result, inevitably, was pressure from governments to reverse course, and a lose-lose choice between losing face by giving in to government pressure, on the one hand, and ignoring governments’ objections and thereby strengthening the forces that would replace ICANN with some kind of government-based policy agency, on the other.
We can only hope that ICANN will learn from its .xxx mistake and think hard about what it is for and how it can pursue its legitimate goals.