- Category: Board
- Topic: Independent Review Panel decision on ICM Registry sTLD application
- Board meeting date: 25 June 2010
- Resolution number: 2010.06.25.19, 2010.06.25.20, 2010.06.25.21, 2010.06.25.22, 2010.06.25.23
- URL for Board minutes/resolution: http://www.icann.org/en/minutes/resolutions-25jun10-en.htm#5
- Status: Completed
Summary
Board accepted specific findings of the IRP and directed follow-up actions.
Text
Whereas, on 19 February 2010, an Independent Review Panel ("Panel") issued an advisory Declaration in the Independent Review proceedings filed by ICM Registry challenging ICANN's denial of ICM's application for the .XXX sTLD.
Whereas, the Board understands and appreciates the inaugural utilization of the Independent Review process and the value of such an accountability mechanism.
Whereas, although the Board has not made a determination as to whether or not it agrees with the findings of the Panel's Majority (2-1 decision), the Board has determined to accept and act in accordance with some of the Panel's findings.
Whereas, in accordance with Article IV, section 3.15 of ICANN's Bylaws, the Board considered the Panel's Declaration throughout the week in Nairobi from 7-12 March 2010 and reviewed various paths toward conclusion.
Whereas, in the absence of a process for approving an sTLD six years following the receipt of ICM's original Application, the Board chose to create a transparent set of process options and resolved to post those options for public comment.
Whereas, the process options were posted for public comment, and over 13,700 comments received have been reviewed and analyzed.
Whereas, the Board has reviewed public comments received, and further discussed and debated the process options for further consideration of the Panel Declaration.
Resolved (2010.06.25.19), the Board accepts and shall act in accordance with the following findings of the Independent Review Process Majority: (i) “the Board of ICANN in adopting its resolutions of June 1, 2005, found that the application of ICM Registry for the .XXX sTLD met the required sponsorship criteria;” and (ii) “the Board's reconsideration of that finding was not consistent with the application of neutral, objective and fair documented policy.”
Resolved (2010.06.25.20), the Board directs staff to conduct expedited due diligence to ensure that: (1) the ICM Application is still current; and (2) there have been no changes in ICM's qualifications.
Resolved (2010.06.25.21), if the expedited due diligence results are successful, then the Board directs ICANN staff to proceed into draft contract negotiations with ICM, taking into account the GAC advice received to date.
Resolved (2010.06.25.22), upon staff's finalizing of a draft contract with ICM, the Board will determine whether the proposed contract is consistent with GAC advice, and if not, will enter into GAC consultation in accordance with the Bylaws.
Resolved (2010.06.25.23), after the GAC consultation is completed, the Board will decide whether to approve the contract, and will declare whether its action is in accordance with GAC advice or not.
Implementation Actions
- Conduct expedited due diligence
- Responsible entity: ICANN staff
- Due date: None
- Completion date: July 2010
- Negotiate draft contract considering GAC advice
- Responsible entity: OGC
- Due date: None stated
- Completion date: August 2010
- Board review of agreement to determine consistency with GAC advice
- Responsible entity: Board
- Due date: None stated
- Completion date: December 2010
- Board decision to approve contract, after completion of GAC consultations
- Responsible entity: Board
- Due date: None stated
- Completion date: March 2011
Other Related Resolutions
- Resolutions 2010.03.12.39 - 41, considering the Independent Review Panel's decision regarding the ICM agreement, at http://www.icann.org/en/minutes/resolutions-12mar10-en.htm.
- 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.
