On 1/18/07 9:59 AM, "Robert Guerra" <lists@privaterra.info> wrote:
From a process standpoint - it should be approved. However, given the nature and subject matter it deals with - rights protections related to freedom of expression, exploitation, among others must be included. Compliance with existing international treaties and protocols needs to be included included in any agreement. As vulnerable groups will be affected by this decision - Protections and complaints processes need to be in place before introduction into the root zone can take place.
My view is somewhat similar to yours, Robert, but I see the policy overlay and enforcement coming after .XXX is entered into the root zone and is accepting registrations. Within a year after its introduction, I am fairly certain you will see legislation in the United States requiring that content deemed offensive to minors be served only from host computers addressed by .XXX domains. Back in 1990s, the U.S. Supreme Court struck down the infamous "Communications Decency Act," but in a concurring opinion Justice O'Connor opined that a future law which zoned offensive content into a specific place (i.e.,.XXX) might be acceptable. After the U.S. passes such a law, other countries will do the same. Then the countries that have such laws will try to convince other countries to adopt such laws, and we'll see treaties, trade agreements and other international mechanisms for getting everyone on the same page. (Sort of like the way we've seen the U.S. and Europe pressure other IP rights.) But I don't think you can do this before you have the TLD, especially not within ICANN fora, or else it will never get done. Bret