At the San Juan, Puerto Rico ICANN meeting today a large audience turned out for a workshop organized to discuss the free expression implications of ICANN's proposed policy for adding new top level domains. The issue has proved controversial because governments and ICANN staff are concerned about the appearance of controversial words or concepts in the domain name space. Some of them were traumatized by the .xxx debate and think they can get around those problems simply by blocking TLD applications that might be “offensive” or “sensitive” to some people. ICANN staff searched very hard for international law and treaties that would justify these actions. One was a 19th century trademark treaty known as the Paris Convention which excludes from trademark registration words that are “scandalous” or contrary to “generally accepted legal norms relating to morality and public order.” Until we insisted on amendments, the report also selectively quoted the UN Charter on Human Rights, avoiding the free expression guarantees of Article 19. The main problem, however, was the U.S. government-supported GAC principles, which among other things tried to give governments a veto power over any new TLD and required that any proposal respect “the sensitivities regarding terms with national, cultural, geographic and religious significance.” These were seen as opening the door to casual censorship based not on law but opinion and preference. Moderated by Robin Gross (IP Justice, Noncommercial Users Constituency), expert speakers challenged the proposed policy’s challenges to freedom of expression and an open and neutral administration of Internet core resources.   more »