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This thread reveals a number of problems with a .XXX sTLD and demonstrates the utter lack of support from within the online, adult industry. In fact, members of our industry felt so strongly about this conversation, that they made a movie out of it! Larry Flynt (owner of Hustler), John Stagliano (owner of Evil Angel Productions), Peter Ackworth (CEO of Kink.com), Allison Vivas (President of Pink Visual), and many other industry leaders felt strongly enough to appear in the movie. I have provided a link to the movie for your consideration, as well. (http://dotxxxopposition.com/)

In the thread, adult industry professionals discuss ICM's .XXX proposal and in the process question the sincerity and practicality of ICM's promises and refute ICM's assumptions and claims.

ICM Assumptions and Claims

ICM claims that it would provide benefit to the adult entertainment industry through a "Legal Defense Fund." General consensus is that the legal fees required to fend off increase censorship from various governments would far exceed the funds ICM and IFFOR "set aside" for that purpose. Fighting these battles in numerous countries would be costly and onerous.

From post #140:

"You have also not fairly addressed the concern of censorship. It is far easier to filter via domain than it is ANY OTHER METHOD. the more service providers, companies etc., looking to filter adult content from their establishment/service will consider the option of just blocking .XXX, as the implementation is stupid simple. The penultimate, Armageddon version of this is when federal governments decide they want to shut down porn."

ICM claims that a .XXX sTLD will bring additional traffic and revenues to the industry and that it would market the TLD through venues such as sporting events. The industry believes that ICM is ignorant about the adult entertainment industry and that .XXX will increase the cost of doing business with no additional revenue. As post # 120 and #101 state:

"Your reasoning is very flawed. Customers can already find the adult content they want .There is no new business to make the industry as a whole grow in your proposition. Sure it has the potential to shift some market shares from one player to the other, no NEW business will be generated. So the end result will be that ICM Registry will make money and the market will have shifted between existing/new adult content providers."

"My God, you really haven't worked in porn, have you? Legitimate sporting events aren't going to accept porn money for sponsorships. I know you don't care in the least, but just so you are perfectly clear here, I've been solely earning a living in the adult online industry for over 6 years. Nothing, and I do mean NOTHING, about you or your organization represents me."

In post #70, Stuart Lawley suggests that, "Many parties will be appreciative of labeled content and efforts of those in the industry who wish to demonstrate meaningful and credible self-regulation." According to ICM this self-regulation includes, child protection, copyright infringement, spyware and malware and billing practices.

• The adult entertainment community already has an entity through which Internet publishers and others can self-identify as a responsible global online adult entertainment community the Free Speech Coalition

• FSC has developed a Code of Ethics that was created with input from our board membership and our democratically elected board of directors (http://freespeechcoalition.com/code-of-ethics.html). Stuart Lawley has used FSC's Code of Ethics as an example of what they could adopt for IFFOR's Best Practices.

• FSC has also developed an industry-wide Anti-Piracy Action Plan (www.FSCAPAP.com) to effectively address the issue of copyright infringement. A .XXX sTLD will do nothing to curb copyright infringement, but does leave countless adult businesses worried about their trademark.

• The adult entertainment industry has a much better record than the mainstream online community as far as malware and spyware.

• Child protection advocates believe that .XXX sTLD not only will do nothing to prevent children from accessing adult materials, but also will make it easier for children to find adult materials.

• Overall the adult industry considers ICM's .XXX unwelcomed, unwanted and unnecessary. As one industry professional stated in post #12, "What makes you think that not having a TLD somehow makes us less proud of who we are and what we do?"

Misinformation and Misrepresentation

Many in the industry feel that ICM has misrepresented circumstances surrounding support from the adult entertainment community. Post #85 states:

"Do you really think that ICM's history might not be our business (the history of .XXX and the future of our domains), esp. who the alleged supporters are; whether or not the alleged support is legitimate; or the process that culminated "in a declaration of facts" was in fact unbiased, untainted by threats of lawsuits, or benefits doled out to influence votes?"

ICM's response post #87 "No lawsuits have been threatened and no "benefits" have been doled out to influence votes." Seriously? All that the folks at ICANN talk about around this issue is if ICANN can afford the pending lawsuit should .XXX be rejected. We know that ICM has threatened lawsuit after lawsuit. As far as "deals" in post #44:

"and no, the proposal presented to FSC members at the meeting was NOT about $10 intended for IFFOR; indeed, what we voted against was a "proposal" for ICM to pay FSC for its support of .XXX. There were a lot of folks there who will recall the basic "deal" proposed by ICM representatives."

Many believe that early deals were offered in 2003 that brought initial support, but that the 2003 supporters retracted their support after more fully understanding the issue. It is believed that ICM is using names of folks who had expressed initial interest in 2003-individuals and companies that now oppose .XXX-as proof of community support. Calls for transparency and proof have fallen on deaf ears as ICM has refused to reveal its list of supporters.

Mr. Lawley speaks of thousands of pre-registrations. Adult industry members who have pre-registered are concerned. They want to make it clear that their pre-registrations are defensive in nature and that they do not support ICM's application. As shown in post #60:

"You are forcing people to pre-reserve their domain name because they are afraid of others stealing it. I am afraid too, as a new comer we may not have to worry as much as a big name, but still. I don't know what to do. I don't want our domain name to be taken but neither do I support what you are doing."

Moreover, it was the adult industry's understanding-as stated by Stuart Lawley at the 2007 XBIZ conference (http://xbizconference.com/videos/XXX/clip11/clip11.html) that pre-registrations were not to be used as a sign of support. Post #44 recalls:

"I thought that pre-registering .XXX domains wasn't supposed to be equated with stating support of the proposal? As I recall, Stuart promised that defensive preregistrations would NOT be used as evidence of community support while sitting in front of the microphone at the XBIZ Hollywood show one year."

In the interest of transparency and until and unless the aforementioned issues are addressed to the satisfaction of the adult online community, the party most affected, we urge the ICANN board to reject ICM's application for a .XXX sTLD.

Sincerely,

Diane Duke

FSC Executive Director