[IP] Unintended consequences & ICANN's blessing of *.xxx TLDD

[David Farber <dave@farber.net>]

Begin forwarded message:

From: "Synthesis: Law and Technology"  
<synthesis.law.and.technology@gmail.com>
Date: June 3, 2005 7:34:47 PM EDT
To: dave@farber.net
Subject: Re: [IP] Unintended consequences & ICANN's blessing of *.xxx  
TLDD
Reply-To: "Synthesis: Law and Technology"  
<synthesis.law.and.technology@gmail.com>


Dave,

This certainly has sparked some great dabate and interesting ideas.

On this one I'm not sure how the mere presence of a tld shifts
anything.  Every adult website I've seen has a button to click to
signify both acceptance of content and some sort of age declaration.
Does anyone think that this button will magically go away?  The site
owners still need to have some 'click' on the age of the person
browsing.  When it was dot.com is there any question that there was
willingness to receive adult content 99.999% of the time?  Of course
there was willingness most of the time. Teenagers will be teenagers.
There just was a problem of validating parental approval or age.

So while I agree that there will be unintended consequences I don't
see that this will be one of them.   Does the fact that your browser
lets you access the dot ex ex ex mean mommy and daddy approve? I
seriously doubt it.  It could mean junior isnt supposed to be on the
computer or it could mean the nannyware isnt working or it could mean
someone other than the trusted children (like a friend that comes home
with the kids) is using it.  I'm sure there are many other scenarios.

Dan Steinberg

SYNTHESIS:Law & Technology
35, du Ravin        phone: (613) 794-5356
Chelsea, Quebec
J9B 1N1

On 6/3/05, David Farber <dave@farber.net> wrote:

> Begin forwarded message:
>
> From: Dennis Allison <allison@shasta.stanford.edu>
> Date: June 3, 2005 7:01:15 PM EDT
> To: Dave Farber <dave@farber.net>
> Subject: Unintended consequences & ICANN's blessing of *.xxx TLDD
>
>
> Dave,
>
> I seems to me that the *.xxx TLD has some significant and possibly
> unintended consequences.
>
> For one thing, the *.xxx TLD seems to me to shift the  
> responsibility for
> access control back to the user and his/her browser and away from the
> web
> site owner since any site in the TLD clearly and by design announces
> that
> it contains adult-content.  The providers will no longer need to
> pussy-foot (no pun intended) around and worry about under-age access
> control since the mere use of the *.xxx TLD indicated willingness to
> accept adult material.
>
> I am not a lawyer; I'd be interested in what some of the lawyers on  
> the
> list have to say on this issue.
>
>
>
>
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