Historical Resolution Tracking Feature » 2011-01-25 - ICM
Important note: The explanatory text provided through this database (including the summary, implementation actions, identification of related resolutions, and additional information) is an interpretation or an explanation that has no official authority and does not represent the purpose behind the Board actions, nor does any explanations or interpretations modify or override the Resolutions themselves. Resolutions can only be modified through further act of the ICANN Board.
2011-01-25 - ICM
Board directs staff to provide the GAC with the document setting forth the full Board position on items of GAC advice and establishes that the consultation on ICM shall take place no later than Thursday, 17 March 2011.
- Provide the GAC with the document setting forth the full Board position on items of GAC advice.
- Responsible entity: ICANN staff
- Due date: None provided
- Completion date: 11 February 2011
- Consult with GAC on ICM.
- Responsible entity: ICANN Board
- Due date: 17 March 2011
- Completion date: 17 March 2011
Whereas, at its meeting in Cartagena, Colombia, the Board noted its agreement with the staff's assessment of potential conflicts with GAC advice if the Board proceeds with its determination to enter a registry agreement with ICM Registry for the .XXX sTLD, and invoked the GAC consultation process. Seehttp://www.icann.org/en/minutes/resolutions-10dec10-en.htm#4.
Whereas, during the meeting in Cartagena, the GAC sought affirmative statements from the Board on its positions on ICM-related items.
Whereas, in an attempt to make a future consultation with the GAC as productive as possible, the Board position on all items of GAC advice are clearly set forth in an attached document.
RESOLVED (2011.01.25.28), the Board directs staff to provide the GAC with the document setting forth the full Board position on items of GAC advice. The Board positions set forth correspond to the items identified for consultation at the Board's 28 October 2010 meeting.
RESOLVED (2011.01.25.29), the ICANN Board hereby establishes that the consultation on ICM as triggered in Cartagena and as provided for in ICANN Bylaws section Article XI, Section 2, Paragraph 1(j), shall take place no later than Thursday, 17 March 2011.
As the Board has continued in its consideration of ICM's application for the .XXX sTLD, on 28 October 2010, the Board identified areas requiring consultation with the GAC prior to the Board entering a proposed Registry Agreement with ICM, as certain pieces of GAC advice may not be consistent with the Board's anticipated action. The Board's obligation to consult with the GAC arises out of Article XI, Section 2.1(j)-(k) of the ICANN Bylaws, and the Board formally invoked the consultation process at its meeting in Cartagena. In order to make the consultation as productive as possible, and to address the GAC's concern that it receive the Board's position on whether entering into a Registry Agreement with ICM would be inconsistent with GAC advice, the attached provides further detail and specific citations to support the Board's position on each piece of GAC advice.
The provision of a comprehensive Board position document is likely to result in a positive impact on the public. The position document provides detail and explanation that will benefit the entirety of the ICANN community as the discussions surrounding the anticipated approval of a Registry Agreement for the .XXX sTLD continue. The forwarding of this document does not pose any fiscal impact on ICANN, the community or the public, however there may be additional costs and expenses incurred in facilitating the consultation between the Board and the GAC, including travel and lodging expenses. The provision of the position document will not have any impact on the security, stability or resiliency of the DNS.
- A pre-2010 history of .XXX sTLD Registry Agreement and consideration can be found within Resolution 07.18, available at: http://www.icann.org/en/minutes/resolutions-30mar07.htm#_Toc36876524.
- On 24 August 2010, the General Counsel posted a proposed registry agreement for public comment, available at: http://www.icann.org/en/public-comment/public-comment-201009-en.htm#xxx-revised-icm-agreement.
- On 11 February 2011, staff forwarded a letter from the Board to the GAC clearly setting forth the Board's position on how the ICM proposed registry agreement meets items of GAC advice, and setting forth the items of GAC advice remaining for consultation, available at: http://www.icann.org/en/correspondence/jeffrey-to-to-dryden-10feb11-en.pdf
- On 30 March 2011, the registry agreement was excecuted and is available at: http://www.icann.org/en/tlds/agreements/xxx/.
- The resolution does not address funding for the items identified therein.