The
bid would have created a top level domain purely for pornographic
content in which addresses would have ended in .xxx. Lawley claimed
that the domain would help pornography companies to adopt best
business practices, but ICANN said that the proposal did not meet
its criteria, and that the proposal would make ICANN responsible
for monitoring content, which it did not want to do.
The proposal was first made seven years ago and Lawler recently
told technology law podcast OUT-LAW Radio that he believed that the
only dispute it had to settle with ICANN was related to contractual
details. ICANN has rejected the proposal on a number of grounds,
however.
"This decision was the result of very careful scrutiny and
consideration of all the arguments," said Vint Cerf, the chairman
of ICANN. "That consideration has led a majority of the Board to
believe that the proposal should be rejected."
ICANN
said that the proposal failed to meet its criteria for a 'sponsored
domain', and that its Governmental Advisory Committee (GAC) had
told it that the agreement "raises public policy issues" according
to the minutes of the discussion at an ICANN meeting in Lisbon.
"ICM’s response does not address the GAC’s concern for offensive
content, and similarly avoids the GAC’s concern for the protection
of vulnerable members of the community," said the minutes. "The
Board does not believe these public policy concerns can be credibly
resolved with the mechanisms proposed by the applicant."
Lawley was applying for the domain as the ICM Registry. He said
that ICANN's logic did not make sense, and that he would seek a way
to continue with his venture.
"We are extremely disappointed by the Board's action today,"
said Lawley. "It is not supportable for any of the reasons
articulated by the Board, ignores the rules ICANN itself adopted
for the RFP [the request for proposals for new top level domains],
and makes a mockery of ICANN's bylaws' prohibition of unjustifiable
discriminatory treatment."
"Not least to protect the integrity of the ICANN process, ICM
Registry will pursue this matter energetically," said Lawley.
The proposal was set back by ICANN research which found that
only 23 of the 88 pornography webmasters it contacted were in
favour of the plan. Domains of the type requested by Lawler are
only awarded to proposals that are backed by an industry.
ICANN also said that it did not want to enter the business of
regulating content. "The Board agrees with the reference in the GAC
communiqué from Lisbon, that under the Revised Agreement, there are
credible scenarios that lead to circumstances in which ICANN would
be forced to assume an ongoing management and oversight role
regarding Internet content, which is inconsistent with its
technical mandate," the minutes of its meeting said.
One dissenting board member said that the "weak and
unprincipled" decision was exactly that: an interference in content
beyond its technical remit. "We should be examining generic TLD
applicants on the basis of their technical and financial strength,
and we should avoid dealing with 'content' concerns," said Susan
Crawford. "This application does not present any difficult
technical questions."
