ICANN expert: domains for pornography and sexual minorities do not violate anyone’s rights
This week, ICANN independent critic Alain Pellet reviewed the ten most scandalous applications for new top-level domains that garnered the most negative feedback from both government representatives and the general public.
The position of an independent critic, which is held by Alain Pellet, provides for the possibility to challenge the application for two reasons: 1) the application contradicts international legal norms and 2) the application contradicts the public interest. In the latter case, it must be proved that large communities oppose a domain, uniting many individuals and legal entities. It is also desirable that the protest has a global scale. A prerequisite is a clear logical connection between what the community opposes and what the gTLD will be used for.
The most controversial domains were found .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.
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Regarding applications for domains for sexual minorities (.gay and .lgbt), Pellet said that although in some countries gay is considered immoral, there are no laws that give reason to be guided by this point of view at the international level. He also noted the growing tendency to reduce discrimination on the basis of sexual orientation and gender identification throughout the world.
He said the same about a number of pornographic and erotic names, adding that only applications for domains that will contain child porn can be protested legally, but ICANN has not received such applications. Recall that the first domain for pornography - . - was launched in 2010, despite massive protests from members of the public and a number of states based on local laws and moral and ethical standards. But according to international law, the refusal to register porno domains could be considered a violation of human rights.
Many opposed the .wtf domain (an abbreviation of what’s the fuck rough expression), but Pellet refers to international legal acts whereby a person’s freedom of expression is inviolable.
Also, the expert did not consider it necessary to protest the domain .vodka, against which, in his opinion, quite small communities act, and the domain. rsiangulf (Persian Gulf). In the latter case, it is a political conflict in this territory, in particular, that many consider the only other name to be true - the Arabian Gulf. Pellet did not consider this conflict a ground for rejecting the application and invited interested parties to submit an application for the .arabiangulf domain.
Fully familiarize yourself with Pellet's research is available on his website .
The position of an independent critic, which is held by Alain Pellet, provides for the possibility to challenge the application for two reasons: 1) the application contradicts international legal norms and 2) the application contradicts the public interest. In the latter case, it must be proved that large communities oppose a domain, uniting many individuals and legal entities. It is also desirable that the protest has a global scale. A prerequisite is a clear logical connection between what the community opposes and what the gTLD will be used for.
The most controversial domains were found .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.
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Regarding applications for domains for sexual minorities (.gay and .lgbt), Pellet said that although in some countries gay is considered immoral, there are no laws that give reason to be guided by this point of view at the international level. He also noted the growing tendency to reduce discrimination on the basis of sexual orientation and gender identification throughout the world.
He said the same about a number of pornographic and erotic names, adding that only applications for domains that will contain child porn can be protested legally, but ICANN has not received such applications. Recall that the first domain for pornography - . - was launched in 2010, despite massive protests from members of the public and a number of states based on local laws and moral and ethical standards. But according to international law, the refusal to register porno domains could be considered a violation of human rights.
Many opposed the .wtf domain (an abbreviation of what’s the fuck rough expression), but Pellet refers to international legal acts whereby a person’s freedom of expression is inviolable.
Also, the expert did not consider it necessary to protest the domain .vodka, against which, in his opinion, quite small communities act, and the domain. rsiangulf (Persian Gulf). In the latter case, it is a political conflict in this territory, in particular, that many consider the only other name to be true - the Arabian Gulf. Pellet did not consider this conflict a ground for rejecting the application and invited interested parties to submit an application for the .arabiangulf domain.
Fully familiarize yourself with Pellet's research is available on his website .
Source: https://habr.com/ru/post/164227/
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