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