December 28, 2012 at 10:11ICANN expert: domains for pornography and sexual minorities do not violate anyone's rights
This week, ICANN independent critic Alain Pelle reviewed the ten most scandalous applications for new top-level domains, which collected the most negative reviews from both government representatives and the general public.
The independent criticism position held by Alain Pelle provides for the opportunity to appeal the application for two reasons: 1) the application is contrary to international law and 2) the application is contrary to the public interest. In the latter case, it must be proved that large communities opposing many individuals and legal entities are opposed to this or that domain. It is also desirable that the protest be global. A prerequisite is a clear logical connection between what the community is opposed to and what gTLD will be used for.
The most controversial domains were .adult, .gay, .hot, .lgbt, persiangulf, .porn, .sex, .sexy, .wtf, and .vodka. However, according to the expert, there is no reason to reject applications for registration of any of these domains.
Regarding applications for domains for sexual minorities (.gay and .lgbt), Pellet said that while in some countries homosexuality is recognized as immoral, there are no laws that warrant that international view. He also noted a growing trend towards a decrease in discrimination based on sexual orientation and gender identity worldwide.
He said the same thing about a number of names of pornographic and erotic subjects, adding at the same time that only applications for domains that contain child porn can be legally protested, but ICANN has not received such applications. Recall that the first domain for pornography - .XXX - was launched in 2010, despite massive protests from members of the public and several states based on local laws and moral and ethical standards. But according to international legal norms, the refusal to register porn domains could be considered as a violation of human rights.
Many opposed the .wtf domain (an abbreviation for the rude expression of What the fuck), but Pelle refers to international legal acts according to which the freedom of expression of a person is inviolable.
Also, the expert did not consider it necessary to protest the .vodka domain, which, in his opinion, is opposed by fairly small communities, and the .ersiangulf domain (Persian Gulf). In the latter case, we are talking about a political conflict in this territory, in particular, about the fact that many consider the other name as the only true - the Arabian Gulf. Pelle did not consider this conflict to be the basis for rejecting the application and suggested that interested parties submit an application for the .arabiangulf domain.
You can fully familiarize yourself with Pelle's research on his website .
The independent criticism position held by Alain Pelle provides for the opportunity to appeal the application for two reasons: 1) the application is contrary to international law and 2) the application is contrary to the public interest. In the latter case, it must be proved that large communities opposing many individuals and legal entities are opposed to this or that domain. It is also desirable that the protest be global. A prerequisite is a clear logical connection between what the community is opposed to and what gTLD will be used for.
The most controversial domains were .adult, .gay, .hot, .lgbt, persiangulf, .porn, .sex, .sexy, .wtf, and .vodka. However, according to the expert, there is no reason to reject applications for registration of any of these domains.
Regarding applications for domains for sexual minorities (.gay and .lgbt), Pellet said that while in some countries homosexuality is recognized as immoral, there are no laws that warrant that international view. He also noted a growing trend towards a decrease in discrimination based on sexual orientation and gender identity worldwide.
He said the same thing about a number of names of pornographic and erotic subjects, adding at the same time that only applications for domains that contain child porn can be legally protested, but ICANN has not received such applications. Recall that the first domain for pornography - .XXX - was launched in 2010, despite massive protests from members of the public and several states based on local laws and moral and ethical standards. But according to international legal norms, the refusal to register porn domains could be considered as a violation of human rights.
Many opposed the .wtf domain (an abbreviation for the rude expression of What the fuck), but Pelle refers to international legal acts according to which the freedom of expression of a person is inviolable.
Also, the expert did not consider it necessary to protest the .vodka domain, which, in his opinion, is opposed by fairly small communities, and the .ersiangulf domain (Persian Gulf). In the latter case, we are talking about a political conflict in this territory, in particular, about the fact that many consider the other name as the only true - the Arabian Gulf. Pelle did not consider this conflict to be the basis for rejecting the application and suggested that interested parties submit an application for the .arabiangulf domain.
You can fully familiarize yourself with Pelle's research on his website .