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Username: Publius
Date/Time: Tue, July 11, 2000 at 2:57 PM GMT
Browser: Microsoft Internet Explorer V5.01 using Windows 95
Score: 5
Subject: ".xxx" TLD is a bad idea...

Message:
 

 
I think the committee should avoid the use of TLD's which could be used as excuses for the repression of free speech.  TLD's like ".sex", ".xxx", ".adult", or even ".politics" will introduce "reasonable time, place, and manner" restrictions upon speech which should otherwise enjoy the presumption of full protection under U.S. law.  I would hope that the committee would agree that U.S. Citizens should not have check their rights at their gateway.

Such domains constitute a voluntary system of self restraint.  I doubt that such a system would remain voluntary for long.  Consider the following scenario:

1. Large site owners [with a lot to lose, financially speaking] may decide to surrender their sexually suggestive, but valuable ".com" domains in order to relocate to the new domains.  They will be able to do this because they will have the resources to rebrand themselves in the new domain.  Their motive to do so may be to avoid potential lawsuits, or state harrassment, or just to look like conscientious, family-friendly corporate citizens. 

2. As adult oriented sites begin to migrate, and their ".com" holdouts begin to dwindle, it will seem increasingly "reasonable" to ask the remainders to move into the red-light district themselves.  But many of these remaining sites who have a legitimate right to their ".com", ".org", or ".net" domain may not wish to move for a variety of reasons:  Perhaps they operate a mixed content site, so breaking up their content into different top-level domains will dilute their brand.  Perhaps they are unwilling to sacrifice a brand which represents a significant investment in time and money.  Perhaps they lack the resources to relocate and relaunch their business in a new domain.  Finally, perhaps they are individuals who do this as a hobby and are politically opposed to such zoning. 

3. Nevertheless, Opportunistic politicians will exploit public pressure to call for laws which would make the scheme mandatory. 
Under current First Amendment jurisprudence, such a system might be deemed constitutionally permissable as a "reasonable time, place, and manner" restriction.  When this happens, law-abiding site owners, amateurs, and hobbiests who lack the resources to tear down and rebuild in these domains will go out of business.  Law-abiding sites which offer mixed content will need to offer mixed content minus anything which belongs somewhere else.  Finally, all sites will need to be careful about what they publish so it does not land them in a lawsuit brought by a competitor or by the state to banish them into the "red-light" ghetto, or even worse, in jail.

Rather than zoning off unpopular speech, why not create a TLD zone for users who want to avoid such speech, such as ".kids" or ".family".  This allows interested users a safe harbor while allowing site owners to retain their rightful domains, and allowing all of us to keep our freedom.
 


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