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This .xxx TLD can provide solutions to abusive marketing practices, consumer and child protection issues and prevent privacy and security risks. It deserves our support.

  • To: <stld-rfp-xxx@xxxxxxxxx>
  • Subject: This .xxx TLD can provide solutions to abusive marketing practices, consumer and child protection issues and prevent privacy and security risks. It deserves our support.
  • From: "Parry Aftab" <parry@xxxxxxxxx>
  • Date: Fri, 30 Apr 2004 03:14:56 -0400
  • Importance: Normal
  • Reply-to: <parry@xxxxxxxxx>

I am an Internet privacy and security lawyer, as well as the author of The Parents Guide to Protecting Your Children in Cyberspace (McGraw-Hill 2000, US, UK, Singapore and Spanish editions). In addition, I am the Executive Director of WiredSafety (www.wiredsafety.org, the world’s largest online safety and help group) and its division devoted to children’s online issues, WiredKids (www.wiredkids.org). Several years ago I was also appointed to the original ISSG for ISOC’s ISTF, and elected to head up its ISTF prior to its conversion to the ISDF.

 

I am submitting this comment in my capacity as an Internet social policy advisor, child advocate and online privacy and security legal expert. In addition, I am presenting this comment as Executive Director of WiredSafety and its WiredKids, Cyberlawenforcement and WiredPatrol divisions. Typically I do not submit comments in support of any TLD application. However, I firmly believe that the current .xxx application holds special promise in addressing serious marketing and privacy and security abuses, and is worthy of support.

 

A careful review of the application demonstrates that ICM and IFFOR are committed to the adoption of a best practice model that addresses the serious concerns of consumer advocates, child advocates and customers alike.

 

Today we are releasing our new White Paper. The White Paper reviews consumer fraud and abusive marketing practices, adult sites intentionally targeting children and privacy and security problems experienced by adult customers of online pornography.  This project was begun in 1998 following my appointment by UNESCO to head up its US effort to tackle child pornography and pedophilia online. (Our organization was then called “Cyberangels” and our WiredKids program was formed to deal with this growing problem.)

 

This sponsored TLD application uses a Canadian non-profit to establish policies addressing marketing, child protection, free expression and privacy and security issues. It is designed to create a balanced approach to problems associated with online adult content, such as invasive and misleading marketing practices and privacy and security risks to consumers of adult content online. This is apparently attractive to the adult online industry as well. ICM already holds the support of the adult website operators comprising a majority of the online adult business.

 

Even more adult sites are expected to support this once they understand the advantages to operating in a commercially-responsible manner. Our White Paper concludes that the adoption of commercial best practices by members of the adult online industry may help reduce the high merchant account fees currently imposed upon online adult website operators. Certain legal safe harbors may be available to .xxx holders as well. Laws which require proof that an adult site is not targeting children (such as the U.S. Misleading Domain Names on the Internet (typosquatting), “Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003’or the ‘‘PROTECT Act’’ Chapter 110 of title 18, United States Code Section 2252B), can be satisfied if the site is a .xxx.

 

At the same time, child advocates’ and law enforcement agencies’ concerns are addressed. If the .xxx site’s content is illegal under applicable law, the TLD does not shield it from such law. There is no safe harbor for “obscenity” however that is defined in any applicable jurisdiction or any other illegal activity or practice.

Further, “virtual” child pornography and advertising designed to imply that the site hosts child pornography will be addressed by IFFOR. A code of conduct set by IFFOR can be more effective than existing laws which may not view morphed images as seriously as real images.

 

While I firmly support this .xxx application, I also would like to point out that an adult content TLD is, in all likelihood, inevitable. It is just a matter of time before an adult-centric TLD is created.  I would prefer that any adult content TLD be created under the rules governing sponsored TLDs that can impose a responsible code of conduct for all .xxx domain registrants. I fear that if this application is not approved, in the future a member of the pornography industry itself might satisfy the requirements for an unsponsored/generic TLD.

 

I have previously opposed the creation of an .xxx TLD. The commitment of ICM and IFFOR to build a “best practices” model into the governance of the proposed TLD has caused me to reverse my previous opinion. This application is good for adults and children alike. It does not adopt any jurisdictional bias. It supports self-regulation and brings all viewpoints into the process. It is supported by the leaders in the constituent industry and is well-funded and backed by people not affiliated in any way with the adult online industry.

 

This application is as good as we child protection and privacy advocates can get. And it is far better than any of us expected. The time for a .xxx has come.

 

I sincerely request that ICANN give this application the serious consideration it deserves. As always, I am available to answer any of your questions or provide any assistance.

 

Respectfully submitted,

 

Dr. Parry Aftab,

Individually and as Executive Director of WiredSafety.org

 



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