- Category: gTLD
- Topic: Independent Review of .XXX Registry Agreement Decision
- Board meeting date: 12 March 2010
- Resolution number: 2010.03.12.39, 2010.03.12.40, 2010.03.12.41
- URL for Board minutes/resolution: http://www.icann.org/en/minutes/resolutions-12mar10-en.htm
- Status: Completed
Summary
Directs CEO and General Counsel to finalize, and post for public comment, a report of possible process options for ICM's application for the .XXX sTLD for further Board consideration.
Text
Whereas, on 6 June 2008, in accordance with ICANN Bylaws, ICM Registry, Inc. filed an application for an Independent Review challenging ICANN's denial of ICM's application for the .XXX sTLD;
Whereas, on 8 September 2008, ICANN submitted its response to ICM's IRP;
Whereas, after a three-member Independent Review Panel (Panel) was constituted, both ICM and ICANN submitted additional papers setting out their respective positions on the matter;
Whereas, from 21 through 25 September 2009, a live hearing was held in Washington DC, where both sides submitted documentary evidence and witness testimony;
Whereas, on 19 February 2010, the Panel issued its 2-1 majority Declaration with findings;
Whereas, in accordance with Article IV, section 3.15 of ICANN's Bylaws, "[w]here feasible, given that the Board shall consider the IRP Panel Declaration at the Board's next meeting";
Whereas, the Board has considered the IRP Panel Declaration throughout the week in Nairobi from 7-12 March 2010 and reviewed various paths toward conclusion; and
Whereas, in the absence of a process for approving an sTLD six years following the receipt of the original application, the Board wishes to create a transparent set of process options which can be published for public comment.
Resolved (2010.03.12.39), the Board has considered the Independent Review Panel's Declaration in conformity with the ICANN Bylaws requirements during its meeting in Nairobi and explored possible paths regarding ICM's application for the .XXX sTLD.
Resolved (2010.03.12.40), the Board directs ICANN's CEO and General Counsel to finalize a report of possible process options for further consideration.
Resolved (2010.03.12.41), the Board directs ICANN's CEO and General Counsel to post the report of possible process options on the ICM matter for public comment within 14 days, which will enable the community to provide input on the Board processes. The report will be posted for public comment for no less than 45 days, which will enable the Board to consider the possible process options no later than ICANN's 38th International Meeting in Brussels.
Implementation Actions
- Finalize and post for comment report of possible process options
- Responsible entity: CEO and General Counsel
- Due date: 26 March 2010
- Completion date: 26 March 2010
Other Related Resolutions
- Resolutions 2010.06.25.19 - 23 further considering the Panel declaration, accepting certain of the panel findings, and authorizing due diligence and draft contract negotiations, taking into account GAC advice, at http://www.icann.org/en/minutes/resolutions-25jun10-en.htm#5.
- Resolutions 2010.08.05.21 - 23, authorizing staff to post the draft Registry Agreement and Due Diligence materials for public comment, and provide a recommendation regarding whether the proposed Registry Agreement is consistent with GAC advice, at http://www.icann.org/en/minutes/resolutions-05aug10-en.htm#9.
- Resolutions 2010.10.28.18 - 19 regarding Board consultation with the GAC about the ICM application, at http://www.icann.org/en/minutes/resolutions-28oct10-en.htm.
- Resolutions 2010.12.10.23 - 26, determining to enter into a registry agreement subject to GAC consultation and advice, and directions to further the consultation process, at http://www.icann.org/en/minutes/resolutions-10dec10-en.htm#4.
- Resolutions 2011.03.18.23 - .23, approving the proposed Registry Agreement and compliance with Bylaws requirements relating to consideration of GAC advice, at http://www.icann.org/en/minutes/resolutions-18mar11-en.htm#5.
- Other resolutions TBD.
Additional Information
- ICM v. ICANN Independent Review documentation available at http://www.icann.org/en/irp/icm-v-icann.htm
- Pre-2010 history of .XXX sTLD Registry Agreement and consideration can be found within Resolution 07.09, at https://community.icann.org/display/tap/2007-02-12+-+Consideration+of+Proposed+.XXX+Registry+Agreement+and+recent+public+comment+period.
- Announcement on posting for public comment: http://www.icann.org/en/announcements/announcement-2-26mar10-en.htm
- Proposed Registry Agreement posted for public comment: http://www.icann.org/en/public-comment/public-comment-201009-en.htm#xxx-revised-icm-agreement
- Registry Agreement available at http://www.icann.org/en/tlds/agreements/xxx/
- The resolution does not address funding for the items identified therein.
Explanatory text does not modify or override Resolutions. See Board Resolutions Page for more information.
