- Category: gTLDs
- Topic: ICM Registry Sponsored Top-Level Domain – .XXX
- Board meeting date: 10 December 2010
- Resolution number: 2010.10.28.18, 2010.10.28.23, 2010.10.28.24, 2010.10.28.25, 2010.10.28.26
- URL for Board minutes/resolution: http://www.icann.org/en/minutes/resolutions-10dec10-en.htm#4
- Status: Completed
Summary
Determining to enter into a registry agreement with ICM and directing work towards a consultation with the GAC.
Text
Whereas, on 24 August 2010, ICANN posted for public comment a Revised Proposed Registry Agreement submitted by ICM Registry following negotiations with ICANN staff, along with Due Diligence Documentation submitted by ICM Registry <http://www.icann.org/en/announcements/announcement-24aug10-en.htm>.
Whereas, on 28 October 2010, the Board received the Summary and Analysis of the Public Comment and noted that entering into the proposed Registry Agreement with ICM may not be consistent with some of the broader-reaching communications from the GAC, and the GAC and the Board could benefit from consultation.
Whereas, the Board passed the following resolution on 28 October 2010: RESOLVED (2010.10.28.18) the Board Chair shall engage the GAC Chair on developing a process for consultation with the GAC on its advice about the ICM application.
Whereas, during the ICANN meeting in Cartagena, the Board Chair and GAC Chair met twice, and there was an additional meeting between members of the Board and GAC to discuss potential process steps, creation of a process consistent with the ICANN Bylaws, and other matters relating to issues of potential conflict.
Resolved (2010.12.10.23), ICANN Board hereby determines that it intends to enter into a registry agreement with ICM Registry for the .XXX sTLD, subject to GAC consultation and advice, and hereby invokes the consultation as provided for in ICANN Bylaws section Article XI, Section 2, Paragraph 1(j).
Resolved (2010.12.10.24), staff is directed to prepare within five working days a draft process for consulting with the GAC when necessary pursuant to ICANN Bylaws section Article XI, Section 2, Paragraph 1(j); the process is to be provided to the Board for comment, and the Board Executive Committee shall approve as soon as practicable; once approved, the process will be forwarded to the GAC in order to have an agreed process for use in the consultations with the GAC in February 2011.
Resolved (2010.12.10.25), in response to the reference in the GAC's Cartagena Communiqué regarding the Board's rationale for selecting the items that ICANN determined might be in conflict with potential GAC advice: the Board indicates that it agrees with staff's assessment of the conflicts with potential GAC advice relating to the ICM application, and directs staff to communicate the Board's determination to the GAC.
Resolved (2010.12.10.26), the Board directs staff to communicate with the GAC on additional information that might be supplied to the GAC as indicated in the GAC's Cartagena communiqué.
Implementation Actions
- Staff to prepare a draft process for consulting with the GAC and provide to the Board for comment
- Responsible entity: ICANN Staff
- Due date: Within five working days
- Completion date: December 2010
- Communicate Board determination to the GAC
- Responsible entity: ICANN Staff
- Due date: Not specified
- Completion date: 10 February 2011 (see http://www.icann.org/en/correspondence/jeffrey-to-to-dryden-10feb11-en.pdf)
- Communicate with GAC on information as identified within the GAC's Cartagena communique.
- Responsible entity: ICANN Staff
- Due date: Not specified
- Completion date: Consultations with the GAC concluded in March 2011
Other Related Resolutions
- Resolutions 2011.01.25.28 - 29, directing further steps in relation to the GAC consultation on ICM. See http://www.icann.org/en/minutes/resolutions-25jan11-en.htm#5.b
- The Board authorized the execution of a proposed registry agreement for the .XXX sTLD on 18 March 2011, and noted the completion of the Board and the GAC's good faith consultations regarding the GAC's advice. See http://www.icann.org/en/minutes/resolutions-18mar11-en.htm#5.
Additional Information
- A 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.
- 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.
