With .xxx domains now available, we've noted how organizations were snapping them up not because they want to create porn websites, but because they don't want porn sites under their name. Of course, that just highlights the key problem with any new TLD: they become a total cash grab by ICANN and whoever manages the TLD. It's even worse with .xxx, since many organizations feel they need to grab their brands on that to prevent any connection to porn.

Even worse, it appears that the registrar handling .xxx, ICM recognizes this and is even advertising with that in mind:

When the sellers of .xxx domain names put them on sale last week, they did not address their marketing campaigns just to adult content owners. Instead, they ran ads with headlines like ".XXX LANDRUSH IS NOW OPEN. PROTECT YOUR BRAND" or "SECURE YOUR DOMAIN. PROTECT YOUR REPUTATION," By heeding their warnings, brands, universities, and individuals flocked to the sites of domain name sellers and bought up tens of thousands of names, at about $200 per name. According to press reports, more than 70,000 applications have been received since the doors opened, netting sellers more than $15 million barely out of the gate.

Basically, the company admits that this is a borderline shakedown: if you want to "protect" yourself from someone building a porn site with your brand, pay up.

The whole thing appears to have angered online porn giant Manwin Licensing International, who is now suing ICANN and ICM saying that the whole thing is about "monopolistic conduct, price gouging, and anticompetitive and unfair practices." I would imagine that in any such lawsuit, ICM's advertising practices around the "buy up or else" won't look too good...

For many years, we've pointed out that the introduction of new top level domains (TLDs) has always been more about the cash grab than anything reasonable. The whole point is to get a bunch of companies to pay up to buy theirdomain.tld, just to prevent others from squatting. And now that .xxx is around, the same thing is happening... even to the point that Universities and colleges are buying up .xxx domains to keep them away from porn sites. Of course, this is a total waste of money, but various schools feel they need to do it. In the end, it seems like these new TLDs come across more as a protection racket than anything else. You feel the need to buy them... or run the risk of someone else "doing something bad" with them.

The years long (and, at times, totally contradictory) fight over .xxx shows no signs of letting up, even though ICANN has approved the TLD, despite protests from various countries. Apparently European Commissioner for the Digital Agenda, Neelie Kroes, specifically stepped in and asked the US government to delay the implementation of .xxx so that the EU could prepare a way to try to stop the TLD. Thankfully, the White House told Kroes that, even if it doesn't agree with the decision to move forward on .xxx, ICANN is supposed to be independent and stepping in and going against the organization could do more harm than good.

Of course, part of what's amusing is that part of Kroes' reasoning for asking the US to step in is that so many others have been trying to get the management of the domain system moved out of ICANN and into a UN body, in part because they don't trust ICANN being under the control of the US government. She argues that ICANN's decision to go through with .xxx only gives more fodder to those who wish to get rid of ICANN. Of course, couldn't the same be true if the US stepped in and asserted its power to block ICANN? If anything, it seems like that would lead others to scream even louder about how ICANN is a sham and it's all really run by the US government.

For many years, we've wondered about the wisdom of ICANN slowly doling out totally pointless new top level domains (TLDs) -- like .jobs and .mobi -- that seemed much more focused on getting companies to pay up for domains they didn't need, rather than serving any useful purpose. With the recent approval of .xxx, the same thing is happening. Various porn companies feel the need to buy up .xxx domain names, even though they already have domains they're happy with. And making things even worse is that various countries, with India taking the lead, have declared plans to block all access to the .xxx domain anyway.

Of course, this is kind of silly. It's as if they're pretending that porn doesn't exist elsewhere on the web. But, the other silly thing this highlights is the idea of slowly rolling out specialized TLDs. For years, we've been asking why ICANN doesn't just do away with specialized TLDs and let anyone register anything.anyTLD. It really would not be that difficult to set up a system to allow that, and then you get away from this idea of having to set up all these expensive special TLDs. It also makes it silly for any country to target a specific TLD to block. But, of course, it won't happen, because it doesn't involve the companies wishing to be registrars of these new TLDs getting tons of cash.

This isn't much of a surprise given the convoluted history of the .xxx domain -- including meddling by the US government -- but it appears that after all of these years, the domain is set to be approved. It doesn't seem like anyone's happy about this -- for conflicting reasons -- which was why there was so much controversy over it in the first place. Some religious groups fear that this is "legitimizing" porn, while some porn sites fear that they're going to be required to operate in the .xxx domain. Of course, porn is already legitimized and it would be nearly impossible to require porn sites to operate in that domain, so it seems like both sides have little to fear. As Wired notes in the link above, the reality will probably be that the domain -- like so many modern top-level domains will mostly be ignored or become home to more shady operators that most people know to avoid.

If you haven't followed the .xxx saga, it's been a bit convoluted. While it's still not at all clear why we need top level domains at all any more (or, if we must have them, why they should be limited to the ones chosen by ICANN), for many years, ICANN has been in charge of reviewing various proposals to expand the available top level domains (things like .com, .net, .org, etc.). That's how we got other such useless TLDs like .info, .jobs and .mobi -- which have mostly just turned into money grabs for the companies that operate them, rather than anything that was really needed. .xxx is the same story. Obviously, it's a huge money grab, because whoever would operate it would stand to rake in the cash from porn operators looking to set up new sites. While ICANN initially rejected the proposal at the beginning of the decade, the guy behind .xxx tried again, and in 2005, ICANN agreed that .xxx met all the criteria and should be allowed.

So why doesn't the internet yet have this official redlight district?

Well, what really happened was that "protect the children"-type family groups freaked out about admitting to the fact that (gasp!) porn exists on the internet. Amusingly, some of those same groups and their favorite politicians had pushed for .xxx anyway, in an effort to force all porn to be located there. But, for some reason, after .xxx was approved, they suddenly freaked out that this somehow meant porn was okay, and started causing trouble. Suddenly, months after ICANN had already approved .xxx, the federal government (under whose umbrella ICANN kinda-sorta belonged) suggested rather strongly that .xxx was not a good idea. Suddenly, everything was put on hold, and in 2007, ICANN officially said no to .xxx.

This infuriated the folks behind .xxx, a group called ICM, and they asked for an independent dispute resolution, which was released last Friday. So, after all these many years, the review found that ICANN totally screwed up, and it never should have backed down after its 2005 approval of .xxx. It's also demanding that ICANN pay up for this review process, in the range of half a million dollars. Of course, the ruling is non-binding, so it doesn't necessarily mean that ICANN now does need to approve .xxx, but it makes it harder to explain why it hasn't. Also complicating matters is ICANN's more recent decision to let pretty much anyone with a ton of cash to throw away create their own TLD. So, perhaps the .xxx guys can just do that...