Proposed Renewal of the Registry Agreement for the .XXX top-level domain (TLD)

What We Need Your Input On

ICANN org is looking for input from the community on ICM’s proposal to renew the legacy .XXX Registry Agreement (RA) using the base gTLD Registry Agreement (Base RA), and to remove the .XXX sponsorship designation. This proposed .XXX renewal agreement would closely align with the existing, similar concept .ADULT, .PORN, and .SEX Registry Agreements that utilize the Base RA form, as generic, non-sponsored, non-community, top-level domains (TLDs).

Below are highlights of provisions in the proposed .XXX renewal agreement that are different from the current .XXX RA:

• Adds the obligations related to combating Domain Name System (DNS) abuse using the enhanced obligations from the 2024 Global Amendment to the Base RA that specify that the registry operator is required to promptly take reasonable and appropriate action to stop or otherwise disrupt DNS abuse.
• Adds the obligations from the 2023 Global Amendment to the Base RA that specifies operating requirements for the Registration Data Access Protocol (RDAP), including reporting and service level requirements for RDAP and the requirement for registry operators to comply with the gTLD RDAP Profile.
• An expanded set of voluntary Public Interest Commitments (PICs) which continues to include the current .XXX voluntary PICs and incorporates some of the obligations currently contained in the Sponsorship Appendix.
• Adds the Base RA provisions regarding registry operator code of conduct obligations, which, among other obligations, requires the registry operator to maintain a level of separation from related parties that offer registrar or registrar-reseller services and that the registry operator annually certify to ICANN org its compliance with the code of conduct provisions.
• Adds the Base RA provisions related to the use of registrars and registry-registrar agreements, requiring the registry operator to use a uniform and non-discriminatory agreement with all registrars authorized to register names in the TLD, providing standardized requirements for registry operator pricing for initial domain name registrations and renewals, and providing a process for material or potentially material changes to registry-registrar agreements to be reviewed and approved.

The proposed .XXX renewal agreement includes an addendum that, as done with past legacy TLDs that have adopted the Base RA form, modifies terms in the Base RA that are inapplicable due to the nature of the legacy TLD. Such modifications include removing references to the initial delegation of the TLD, entry into the root zone, statements made in the registry TLD application, launch of the TLD, pass through fees related to the trademark clearinghouse, and the continued operations instrument provisions as they are not applicable to a legacy TLD that has been in operation for over a decade.

Background

ICANN org and ICM entered into the current .XXX RA for the operation of the .XXX TLD on 31 March 2011 with an initial term of ten years that was extended to 30 June 2024. The .XXX TLD was applied for and began its existence as a sponsored TLD. A “sponsored” TLD is a specialized TLD that has a sponsor representing the narrower community that is most affected by the TLD. The sponsor carries out delegated policy formulation responsibilities over many matters concerning the TLD.

The current TLD sponsor, the International Foundation for Online Responsibility (IFFOR), has been the .XXX TLD sponsor since .XXX’s inception. As the sponsor, IFFOR develops best practice policies designed to, among other things, combat online child abuse image and protect freedom of expression and choice to online adult entertainment. IFFOR also has its Ombudsman audit ICM’s annual supplemental report of compliance with the .XXX RA that is provided to ICANN org.

ICANN org and ICM have been in ongoing discussions regarding a .XXX renewal agreement. For ICANN org to further consider ICM’s request for the renewal, ICANN org requested that ICM provide the following to help inform ICANN org and the community:

• ICM’s proposal and detailed rationale for its request to remove the .XXX sponsorship designation.
• A demonstration of outreach from ICM to the .XXX sponsored community regarding ICM’s proposal.
• Input from IFFOR on ICM’s proposal.

This information can be found in the “Supporting Information” section. 

Next Steps

ICANN org will review feedback from the community and, in consultation with the ICANN Board of Directors, will further consider and make a decision regarding ICM’s proposal for the renewal of the .XXX RA.

Supporting Information

This additional information from ICANN org provides more context for this Public Comment Proceeding and may help you review the proposals for input and publish a submission.