Time for a .xxx domain?

commentary There's no use in hiding from the truth. Adult content, including explicit sexual pornography, runs rampant on the Internet.

Eric J. Sinrod Internet users can implement specific searches looking for such content and, normally, they will find what they are looking for. Other times, people inadvertently will stumble onto such explicit content when searching for something else. Indeed, while a domain name may give one the impression that the site is suitable for a general audience of all ages, it may well turn out that the site displays graphic sexual content that is inappropriate for minors and for adults not wishing to view such content. So, what to do?

One proposed concept has been a .xxx Internet domain for sex-oriented Web sites. Just like .com is designed for businesses, .gov for government, and .edu for educational institutions, the idea behind .xxx is that there would be a specific domain name category for adult Web sites with sexual content. Internet users could more easily judge, based on seeing a .xxx domain name, what kind of content a site would feature before even clicking on a link to it.

The Internet Corporation of Assigned Names and Numbers, or ICANN, is awaiting recommendations from a particular committee that is evaluating this proposal. ICANN had been proceeding with its evaluation of the proposal until the U.S. Department of Commerce sought more time to hear objections. ICANN cannot move forward without Commerce Department approval. At this point, it is not clear when the proposal will be fully and finally evaluated.

The proposal has had its share of critics. Some of them claim that a .xxx domain would provide legitimacy to the pornography industry. Supporters claim that a .xxx domain would make it easier for people to filter out content they do not want.

Time will tell in terms of where this all is heading. Your humble author believes that information is power. Namely, if one knows in advance the type of content displayed on a Web site by way of a domain name designation, that individual then has the power and free will to decide whether or not to view that content. That is better than stumbling onto content that does meet one's standards of suitability and taste.

Eric J. Sinrod is a partner in the San Francisco office of Duane Morris. His focus includes information technology and intellectual property disputes. To receive his weekly columns, send an e-mail to ejsinrod@duanemorris.com with "Subscribe" in the subject line. The views expressed in this column do not necessarily reflect those of Sinrod's law firm or its individual partners.

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Talkback 16 comments

    What a stupid ideaAnonymous -- 05/01/06 (in reply to #120126543)

    This Eric Sinrod bozo clearly hasn't considered the argument fully, and isn't even aware of the state of current debate among well-informed individuals who have been following the debate. To summarize what has been carefully pounded out at great lengths on many intelligent discussion sites:

    First, no one has the authority or the means to enforce adult sites use of the .XXX domain. Sure, some publishers will jump at the chance to register a .XXX site. Others will be happy to keep with their current, sometimes misleading domain names. Unless there is a regulatory authority with full, world-wide jurisdiction and investigative power, adding a .XXX domain only *expands* the space available to porn publishers. They'll have all their existing space, plus this entirely new .XXX domain. And yet the average user still will not have advance knowledge of a site's content before clicking a link.

    Secondly, even if enforcement was plausable, there will always be sites that fall into marginal categories. Consider a site with graphic sexual pictures, but also with detailed, medically accurate information about those pictures. Is it porn? Is it medical? Is it informational? And most of all, does this imaginary regulatory body have the ability to properly judge?

    Eric Sinrod needs to rethink his position, and actually have something to contribute before putting pen to paper again.

    ExactlyAnonymous -- 08/02/06 (in reply to #120126544)

    This entire proposal is stupid as it just adds more space for the virtual land grab. There are two parties who win here. The first is the big names in the net porn industry. They have have the money to grab up all the better .xxx domain names, and basically can just grab more virtual land. The second is the domain registrars who accept all the money for registration of these domains.

    Besides, what is pornographic in Japan is not necessarily pornographic in the USA. States in the USA can't even agree on what is pornographic. That was the whole point besides the law suit with Deep Throat. The creators of the movie on huge film reels that flew through Tennessee airspace without any method of film viewing aboard the plane were tried by Tennessee obscenity laws because some prudes couldn't win in NY or CA courts.

    This whole idea is a farce. However, the only arguments about the consumer losing are that this idea promotes a monopoly (which drives up prices), and that visitors may be more surprised as they go visit a porn site that has a normal name to find that it's not about the intended content at all and is filled with women who want to spread it just for you. I couldn't care less about the first argument. If you want porn, then pay for it. However the second argument is more than just valid. A 12 year old might visit a site referencing moby dick in it's title, only to find that it's a redirect to mobylovesdick.xxx. The intended class for protection will just be lulled into a false sense of security, and be shocked a lot more when they hit some smut.

    Any politician who promotes this silly idea doesn't get my vote.

    .xxx is the only solution that can efect positive changeZozi Asher -- 06/01/06

    Whoever wrote the previous comments must have been either a bitter pornographer or an unsophisticated Christian websurfer that has not read the actual .xxx application and knows little about the Internet and how it works.

    Firstly, time, market demand and incentives will motivate credible adult webmasters to register and adopt the agreed upon business practices. This act will separate the 'good' operators from the 'bad' webmasters that are acting either illegally or inappropriately, allowing law enforcement and private businesses (like "Google") to on battling child pornography and enabling consumers more choice on the websites they chose to visit.

    Secondly, the .xxx application grandfathers all the current .com domains into the .xxx space, so technically the growth of adult domain names will be entirely determined by market demand to register and create adult sites, NOT the existance of a new TLD extension. The idea even that global market demand for porn is the driver behind the creation of porn sites as oppossed to the creation of .xxx is simply a foolish arguement.

    Thirdly, the criteria determining registration may not be crystal clear but neither is .travel or .museum or any other TLD ... it is demand oriented. I am 100% sure that those adult webmasters that register a .xxx site and are clearly not using the site to offer sexually explicit content or services will be dropped as that company would never be able to be accredited as part of the sponsered community.

    'Anonymous' needs to realize that his position is entirely illogical and brings nothing to the table ... doing nothing will not enable the Internet to give users more choice, enhance the battle against child porn or enable more tools to decide what content they want or don't want 'before they click.'.

    .xxx is the only solution that can efect positive changeZozi Asher -- 06/01/06

    Whoever wrote the previous comments must have been either a bitter pornographer or an unsophisticated Christian websurfer that has not read the actual .xxx application and knows little about the Internet and how it works.

    Firstly, time, market demand and incentives will motivate credible adult webmasters to register and adopt the agreed upon business practices. This act will separate the 'good' operators from the 'bad' webmasters that are acting either illegally or inappropriately, allowing law enforcement and private businesses (like "Google") to on battling child pornography and enabling consumers more choice on the websites they chose to visit.

    Secondly, the .xxx application grandfathers all the current .com domains into the .xxx space, so technically the growth of adult domain names will be entirely determined by market demand to register and create adult sites, NOT the existance of a new TLD extension. The idea even that global market demand for porn is the driver behind the creation of porn sites as oppossed to the creation of .xxx is simply a foolish arguement.

    Thirdly, the criteria determining registration may not be crystal clear but neither is .travel or .museum or any other TLD ... it is demand oriented. I am 100% sure that those adult webmasters that register a .xxx site and are clearly not using the site to offer sexually explicit content or services will be dropped as that company would never be able to be accredited as part of the sponsered community.

    'Anonymous' needs to realize that his position is entirely illogical and brings nothing to the table ... doing nothing will not enable the Internet to give users more choice, enhance the battle against child porn or enable more tools to decide what content they want or don't want 'before they click.'.

    Acknowledging the real worldAnonymous -- 06/01/06

    Creating a xxx domain only acknowledges the real world and perhaps allows us to control it. Whether we like it or not, pornography is prevalent. It cannot be eradicated, it will only go underground. The next best step is strict controlling on who can access such information and I believe having a xxx domain will help control but not eliminate the problem.

    but what should it be called???Dave -- 17/01/06 (in reply to #120126588)

    There are a few options for the extension though
    .xxx for hard core porn
    .xx for soft porn
    .x for "artistic interpretations"
    .R for the bible belt eg the parson show some ancle
    Though there is I feel some justification for a .cum extension.
    Thoughts?

    .xxx -- a blatant cash boondoggle for registrarBrad Kruse -- 06/01/06

    Consider whitehouse.gov. And how they crashed onto the owner of whitehouse.com (formerly an adult site). Now does the White House, and all .com domains, need to register (at exhorbitant rates) the corresponding .xxx domain to 'preserve' their domain name? What happens when I register jcpenney.xxx, then challenge for jcpenney.com, based on my domain name ownership?

    Use of the .xxx tld would be voluntary at best, and because of the projected expensive registrar fees (what a boondoggle there!), not really attractive to mass-site owners, spammers, people starting on a shoestring, or just responsible site owners that resent the profit-taking of the (promised) registrar.

    I have seen no .xxx domain plans that promise any kind of protection for adult site owners. Kiddies will *still* stumble over .xxx sites, and the site owners will *still* be responsible for protecting themselves from showing -- adult material -- when it was not wanted -- or when the Religious Right wants to hug trees and drum up contributions. Make no mistake -- various clergy and churches depend on regularly making names for themselves to exist and maintain contributions. Moving to a .xxx domain will not benefit the site owner in any way, and may even be potentially damaging in court.

    I agree the writer of this 'puff piece' has quite failed to research the topic, electing instead to plagiarize previous press releases. I hope he got his $$ for his effort.

    xxxAnonymous -- 08/01/06

    Yes it is time to put adult sex in another form so we can block it if we wish.

    A company or the government determing what is family values for the rest of us is not acceptable.

    Note My e-mail address and information not to be used commercially.

    Does it matter?Anonymous -- 11/01/06

    I mean does it really matter. If you want to find porn - no problem. If you don’t it is not real difficult either. It will make it easier to filter out porn web sites with the xxx domain but not the .COM, .NET or the .ORG so no real impact there either. Yes our favourite company that charges for domain names might make a bit more cash and some one might be able to squat (parden the allegory) on a particularly clever name but who cares?

    My weeties will still taste the same. The only people really affected will be zealots with nothing better to think about than a bunch of wankers with a domain specially for them.

    I actually came to ZDnet for laptop reviews and couldn’t help myself.

    What about a spritly thread discussing on the existence of (a) god instead?

    Now back to the laptop reviews…..

    xxx expert: SinrodAnonymous -- 19/01/06

    If i ever wanted an opinion on porn, my first stop would be someone with the surname Sinrod.

    I think its a great ideaAnonymous -- 26/01/06

    Without forcing adult entertainment companies to switch their sites to .xxx, I think it is a great idea simply because it opens more doors.

    Instead of filtering just on adult content in keywords and such, you can now filter a domain. IF it was forced to switch to .xxx, pornography would be more easily filtered. Restrictive software parents use to keep certain material away from children could with one rule keep almost all adult content off their computers. Offices could do the same, which would reduce job losses because of people ending up on unsuitable content in a work environment.

    These two examples are somewhat far fetched simply because of whats involved to force a change to .xxx but it were to happen, i'm sure as much positive would come out of it.

    How many hosting companies would decide to allow adult content on dedicated servers as long as people use .xxx. It would limit the content to a sub branch. This may or may not happen but they are all possibilities.

    I could probably find 10 other reasons why this is a pretty good idea whether or not it is forced upon the adult industry or not. Enabling people to make the choice is never a bad idea. More freedom, more options, more satisfied people. Theres so much pornography online, its almost nonsense for it not to have their .xxx if they really want it.

    In another way, business is business.

    Whom are we protecting of what?RagaBaSH -- 26/01/06

    I think the question that needs to be raised in whether or not to go forward with the application of .xxx is if it adds any value.

    Naturally many will say it will add value (in the sense of added $$$ in the pockets of the registrars), but what kind of non-monetary gains will it bring.
    Will we be able to garuantee 100% protection from porn by giving it its own segment of the internet? No.
    There will always be those who step over the edge and use a .com/.net/.org or any of the many ccTLD's.

    Will it garuantee a better experience for the people who actually want to look at the porn? No.
    Lets suppose there is some sort of institution watching over the applications of the new domains, in order to make sure that noone will show childpornography or other "banned" materials (banned is such a localized term in the world of the internet). What rules would this instance be bound by. imagine the case there will be Joe PornPeddler who want to show a pornography site for people with a foot-fetish. The .xxx registrar tells him he cant do that because it doesnt fit the description for what .xxx is meant for... where will he turn to (and this brings us back to the previous point as well, you cant protect ppl from these "rejects")

    And the final argument I always hear in these debates is that its better for the kids. NO! how is it better for the kids to shut out pornography and nothing else? A very wise teacher of mine once said: "I hope to god that my children will once experience the joy of making love to someone of the opposite sex, but I hope that they will never get into a streetbrawl. But whenever I turn on the TV I see the exact opposite."
    If you want to make sure nothing bad happens, make a domain called .kids or .safe where only certified organisations can offer their pages and stuff. then all the people who want to protect their children or hide from the real world can have their internet experience there where we CAN certify 100% that no worms/virusses/fishing-attempts/adult-material /violence will be present.

    Stupid is, as stupid does.Anonymous -- 26/01/06

    Talk about loss of revenue there. How are they going to get webmaster to change from spending 7 dollars a domain (for the .com) in some cases, to paying 70 dollars a domain (for the .xxx)?

    And in this day and age what you call your site rarely matters, when most sites you find out about via a search engine these days, and even though they have their sites on .xxx doesn't mean the company on .com can't have links to the .xxx domain, which will get spidered anyway. What is stopping the adult industry from instead of using domains all together to using ips. Notice how many people still click on emails from supposedly a bank with an ip link.

    Knowledge is power for those who know what they are looking for.

    BABEWORLDbabeworld -- 12/08/07 (in reply to #120127965)

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    It will protect childrenAnonymous -- 27/01/06

    The religious right is opposing approval of the .xxx domain name because of its opposition to pornography in general, but in reality pornography is going to exist on the Internet whether we give it its own domain or not. If we do give it its own domain and ban pornographic material from non-xxx domains, we can help protect children and give software filters an easier time filtering out sites that are potentially harmful to children. It seems a much better alternative than the information the government is requesting from Google to revive COPA (the Children's Online Protection Act). Rather than opposing .xxx on ideological grounds, we need to implement it so that pornographic content is safely segregated from the rest of the Internet to the greatest degree possible.

    Pros and consrox fanuk -- 09/08/08

    I can clearly see both sides of the argument here. I like to think of myself as a person with quite a lot of moral fibre, though i do have my porn habits but like to keep anonymity.

    On with the arguments... Enforcing a .xxx domain does seem on the face of it to be a good idea - at least that's what i thought to begin with. I can see a little way down the line ISPs blocking URLs purely based on the .xxx domain ending. Some may say "so what?" But to that there's just one thing to say - "1984". In the wrong hands that kind of power can be easily misused. It could also set a precedent for other censorship domain systems, which could get even more scary...
    The flipside of the .xxx is that kids (we were all one once) will now know exactly where to find porn, though for sure it'll be a little harder to not get caught by their parents.
    But if ICANN really wanna do this (probably for revenue) then why not add .f**k .f*st .p**s .sheep while they're at it?

    I read now that i.xxx ahs been approved - my comments still stand cos i'm sitting firm on the fence anyway...

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