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[IP] more on ex-ex-ex and ICANN





Begin forwarded message:

From: Lauren Weinstein <lauren@xxxxxxxxxx>
Date: June 2, 2005 3:42:40 PM EDT
To: dave@xxxxxxxxxx
Cc: lauren@xxxxxxxxxx
Subject: Re: [IP] ex-ex-ex and ICANN


Dave,

This is a much more important issue than most people may realize,
even for those persons who have no interest of any kind in
pornography.

Kevin is confusing chatter and political posturing with formal
public discourse within a clearly defined decision-making process.
The idea of ex-ex-ex has been "pushed" by various parties for a long
time, for obvious political and financial reasons.

ICANN has (until now, basically) wisely resisted those pressures.
The ICANN forum Kevin refers to contains a relatively few messages,
written by an even smaller number of people.  Nor is it clear in
what way -- if any -- those messages impact ICANN decision-making
(which is why so many people view those forums as meaningless).

It is understandable why the hardcore porn industry would support
ex-ex-ex -- they want a "safe" place to peddle their products, and
they know that their customers will find them and whip out those
credit cards, just as they do now, for their "fine" offerings.  My
view of freedom of speech is expansive enough to include their legal
operations.  However, I believe that in supporting ex-ex-ex they
will ultimately learn that they have played into the hands of those
whose real agenda is to effectively shut them down.

I am frankly less concerned with the porn merchants than with the
other categories of materials as I described earlier, that may well
find themselves forced into an ex-ex-ex domain structure, with highly
detrimental effects on non-pornographic speech of many kinds.  It is
these latter classes of content providers -- most of whom have
likely not been following the ex-ex-ex issues at all -- who are most
at risk as ICANN now proceeds to take the easy way out.

ICANN's new position is understandable of course.  They've been
pounded on for years by many of us for poor policies, and they know
that their franchise has become rather insecure.  The
"politically-correct" pressures on them regarding ex-ex-ex and
related matters have been enormous.  Still, this is no excuse for bad
decision making that is likely to have dramatic impacts that go far
beyond the control of pornography.

--Lauren--
Lauren Weinstein
lauren@xxxxxxxx or lauren@xxxxxxxxxx or lauren@xxxxxxxx
Tel: +1 (818) 225-2800
http://www.pfir.org/lauren
Co-Founder, PFIR
  - People For Internet Responsibility - http://www.pfir.org
Co-Founder, EEPI
  - Electronic Entertainment Policy Initiative - http://www.eepi.org
Moderator, PRIVACY Forum - http://www.vortex.com
Member, ACM Committee on Computers and Public Policy
Lauren's Blog: http://lauren.vortex.com
DayThink: http://daythink.vortex.com

 - - -




Begin forwarded message:

From: Kevin Murphy <kmurphy@xxxxxxxxxxxxxxx>
Date: June 2, 2005 2:23:22 PM EDT
To: dave@xxxxxxxxxx
Subject: RE: [IP] more on ICANN's "ex-ex-ex" domains and the slippery
slope


This topic has been under discussion for almost 5 years, and there's
been opportunity for the public to provide comment for over a year.
Most of the comments, some from respected organizations and
individuals, were positive.

http://forum.icann.org/lists/stld-rfp-xxx/





Kevin Murphy

US Bureau Chief
ComputerWire, Inc
5 Third Street, Suite 520
San Francisco, CA 94103
415 543 5496
www.computerwire.com

-----Original Message-----
From: owner-ip@xxxxxxxxxxxxxx [mailto:owner-ip@xxxxxxxxxxxxxx]On Behalf
Of David Farber
Sent: Thursday, June 02, 2005 11:08 AM
To: Ip ip
Subject: [IP] more on ICANN's "ex-ex-ex" domains and the slippery slope




Begin forwarded message:

From: "Lin, Herb" <HLin@xxxxxxx>
Date: June 2, 2005 10:08:56 AM EDT
To: dave@xxxxxxxxxx, Ip ip <ip@xxxxxxxxxxxxxx>
Cc: lauren@xxxxxxxxxx

Subject: RE: [IP] ICANN's "ex-ex-ex" domains and the slippery slope



All of the issues that Lauren mentions are discussed, at length, the
report of the National Research Council on "Youth, Pornography, and the
Internet."  (This was a report to Congress, mandated at Congressional
request.)

http://www.nap.edu/catalog/10261.html

Chapter 13, Section 13.1.

Herb Lin
(editor of said volume)



-----Original Message-----
From: owner-ip@xxxxxxxxxxxxxx [mailto:owner-ip@xxxxxxxxxxxxxx] On Behalf
Of David Farber
Sent: Thursday, June 02, 2005 9:10 AM
To: Ip ip
Subject: [IP] ICANN's "ex-ex-ex" domains and the slippery slope



Begin forwarded message:

From: Lauren Weinstein <lauren@xxxxxxxxxx>
Date: June 2, 2005 12:39:32 AM EDT
To: dave@xxxxxxxxxx
Cc: lauren@xxxxxxxxxx
Subject: ICANN's "ex-ex-ex" domains and the slippery slope



Dave,

As noted in:

http://www.cnn.com/2005/TECH/internet/06/01/internet.porn.ap/ index.html

ICANN has reversed its long-standing opposition to a TLD (top-level
domain) "red-light district" and is moving toward creation
of a "dot-ex-ex-ex" domain space (my phonetic spelling is an attempt
to avoid having this message and your list shunted by the usual
simpleminded filters).

This about-face by ICANN demonstrates yet again how major decisions
by the organization are made without significant, broad public
discourse.  Ironically, it also reverses one of the more sensible
arguments that ICANN had previously been making.

Unlike other "topic-specific" TLDs like dot-jobs or dot-travel, the
existence of dot-ex-ex-ex is likely to create a political and
litigious firestorm over time, as various government entities move
to try force "adult" sites into the new domain space, and battles
erupt over what an adult site is defined to be.

While some obviously hardcore sites will likely be enthusiastic
about having an ostensibly "safe" TLD for operations, a vast number
of sites that aren't hardcore, or that have a variety of materials
-- only some of which are adult oriented in nature -- are likely to be
far less willing to be categorized in that manner.

Will there be calls for any site with explicit photographs or texts
(even in classical or health contexts) to be relegated to the new
dot-ex-ex-ex domains?  What about sites selling contraceptives,
sexual aids, or "adult toys" of various kinds?  Given the history of
the religous right, these should not be considered to be far-fetched
possibilities.  Will it be mandated that you must "prove" your adult
status (e.g., by identifying yourself with a credit card) before you
may have access to the new domains?  Certainly many organizations
(and possibly even ISPs) will be pressured to block access, making
"forced" population of the new TLD even more problematic.

And does this set a precedent that will be applied to other areas of
Internet content control, especially if some or all of the
Children's Online Protection Act (COPA) is upheld by the Supreme
Court?

The creation of dot-ex-ex-ex may set the stage for potentially
damaging and disruptive content control and censorship wars that we
can hardly even imagine today.  It's worth thinking through these
issues very carefully before going down that path.

--Lauren--
Lauren Weinstein
lauren@xxxxxxxx or lauren@xxxxxxxxxx or lauren@xxxxxxxx
Tel: +1 (818) 225-2800
http://www.pfir.org/lauren
Co-Founder, PFIR
     - People For Internet Responsibility - http://www.pfir.org
Co-Founder, EEPI
- Electronic Entertainment Policy Initiative - http:// www.eepi.org
Moderator, PRIVACY Forum - http://www.vortex.com
Member, ACM Committee on Computers and Public Policy
Lauren's Blog: http://lauren.vortex.com
DayThink: http://daythink.vortex.com



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