Historical Resolution Tracking Feature » 2005-09-15 - Review of Proposed .XXX Sponsored Top-Level Domain Registry Agreement

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.

2005-09-15 - Review of Proposed .XXX Sponsored Top-Level Domain Registry Agreement

Resolution of the ICANN Board

Topic:

.XXX Sponsored TLD Registry Agreement

Summary:

Board directs the President and General Counsel to discuss additional provisions to the .XXX Sponsored TLD Registry Agreement.

Category:

gTLDs

Meeting Date:

Thu, 15 Sep 2005

Resolution Number:

05.75

URL for Resolution:

http://www.icann.org/en/minutes/minutes-15sep05.htm

Status:

Complete

Implementation Actions:

Discuss additional provisions to the .XXX Sponsored TLD Registry Agreement to ensure proper development and implementation policies.
- Responsible entity: President and General Counsel
- Due date: None provided
- Completion date: 10 May 2006
Return to Board for additional approval, disapproval, or advice.
- Responsible entity: President and General Counsel
- Due date: None provided
- Completion date: 10 May 2006

Resolution Text:

Whereas, an application for the delegation of .XXX was submitted by ICM Registry LLC was evaluated according to ICANN's designated sTLD processes and it was determined by the ICANN Board that the President and General Counsel were authorized to enter into negotiations with the applicant relating to proposed commercial and technical terms for the .XXX sponsored top-level domain.

Whereas, on 9 August 2005, the proposed .XXX sponsored TLD registry agreement was posted on the ICANN website <http://www.icann.org/tlds/agreements/xxx/proposed-xxx-agmt-09aug05.pdf> and submitted to the ICANN Board for approval.

Whereas, the ICANN Board has expressed concerns regarding issues relating to the compliance with the proposed .XXX Registry Agreement (including possible proposals for codes of conduct and ongoing obligations regarding potential changes in ownership) and has noted the importance of private registry agreements, in creating contractual means of affecting registries and other actors of the Internet community for the public interest.

Whereas, ICANN has received significant levels of correspondence from the Internet community users over recent weeks, as well as inquiries from a number of governments.

Resolved (05.75), that the ICANN President and General Counsel are directed to discuss possible additional contractual provisions or modifications for inclusion in the .XXX Registry Agreement, to ensure that there are effective provisions requiring development and implementation of policies consistent with the principles in the ICM application. Following such additional discussions, the President and General Counsel are requested to return to the board for additional approval, disapproval or advice.

Other Related Resolutions:

Resolution 01.74 - Board directs President to form and chair New TLD Evaluation Process Planning Task Force (NTEPPTF): http://www.icann.org/en/minutes/prelim-report-04jun01.htm
Resolution 02.97, 02.97A - Board accepts NTEPPTF report and directs President to produce plan for action for approval by Board at October 2002 meeting in Shanghai, China: http://www.icann.org/en/minutes/prelim-report-23aug02.htm
Resolutions 02.150, 02.151, and 02.152: Board authorizes President to implement NTEPPTF recommendations in Action Plan, requests GNSO to provide recommendation on structure of generic tol level namespace, and directs President to develop draft Request for Proposals: http://www.icann.org/en/minutes/prelim-report-15dec02.htm#AnnualMeetingoftheTransitionBoard
Resolution 03.112 and 03.113 - Board invites public comment on draft request for proposals for sTLDs; requests President to provide to Board detailed plan and schedule for development of appropriate long-term policy for introduction of new gTLDs: http://www.icann.org/en/minutes/prelim-report-26jun03.htm
Resolutions 03.166, 03.167, and 03.168 - Board calls for the development of process and policy for streamlining introduction of new gTLDs as specified in ICANNs MoU with the U.S. Department of Commerce: http://www.icann.org/en/announcements/advisory-31oct03.htm
Resolutions 03.169, 03.170, and 03.171 - Board resolves to negotiate agreement reflecting commercial and technical terms upon completion of sTLD selection, resolves that selection process and implementation for sTLDs will be evaluated, and directs President to finalize and post open Request for Proposals for limited number of new sTLDs: http://www.icann.org/en/announcements/advisory-31oct03.htm
Resolutions 05.32 and 05.33 authorizing for President and General Counsel to negotiate terms of .XXX Sponsored TLD Registry Agreement, available at: http://www.icann.org/en/minutes/minutes-01jun05.htm.
Resolution 05.75 authorizing President and General Counsel to further negotiate terms of .XXX Sponsored TLD Registry Agreement, available at: http://www.icann.org/en/minutes/minutes-15sep05.htm.
Resolution 06.12 directing President and General Counsel to analyze all public comments for revision of the .XXX Sponsored TLD Registry Agreement, available at: http://www.icann.org/en/minutes/minutes-31mar06.htm.
Resolution 07.09 directing ICM to publish for public comment a revision to the proposed .XXX Sponsorship TLD Registry Agreement, available at: http://www.icann.org/en/minutes/minutes-12feb07.htm.
Resolution 07.18 rejecting the ICM revision of the .XXX Sponsored TLD Registry Agreement, available at: http://www.icann.org/en/minutes/resolutions-30mar07.htm#_Toc36876524.
Resolution 07.09 directing ICM to publish for public comment a revision to the proposed .XXX Sponsorship TLD Registry Agreement, available at: http://www.icann.org/en/minutes/minutes-12feb07.htm.
Resolution 07.18 rejecting the ICM revision of the .XXX Sponsored TLD Registry Agreement, available at: http://www.icann.org/en/minutes/resolutions-30mar07.htm#_Toc36876524.
Resolutions 2010.03.12.09-11 considering the Independent Review Panel Declaration on the ICM application and directing the posting of process options, at http://www.icann.org/en/minutes/resolutions-12mar10-en.htm#15.
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.
Other resolutions TBD.

Additional Information:

A chronological history of ICM's Application to ICANN is available at http://www.icann.org/en/irp/icm-v-icann/icm-icann-history-21feb10-en.pdf and contains links to all iterations of the proposed Registry Agreement.
Documents relating to ICM's Request for Independent Review of 2007 denial of its application are available at http://www.icann.org/en/irp/icm-v-icann.htm.
The Process Options for consideration of ICM's application in 2010, and comments thereon, are available at http://www.icann.org/en/public-comment/public-comment-201005-en.htm#icm-options-report.
ICM's 2010 proposed draft Registry Agreement and Due Diligence materials is available at http://www.icann.org/en/public-comment/public-comment-201009-en.htm#xxx-revised-icm-agreement.&nbsp
For information on the introduction of sTLDs in 2003 - 2004, please refer to: http://www.icann.org/en/tlds/stld-apps-19mar04/
To review public comments submitted on the 2003 round, refer to: http://forum.icann.org/mtg-cmts/stld-rfp-comments/general/index.html
To review the Status Reports on the 2003 round, refer to: http://www.icann.org/en/tlds/stld-apps-19mar04/PostsTLDStatusRpt.pdf
15 December 2003 - New sTLD Application: http://www.icann.org/en/tlds/new-stld-rfp/new-stld-application-parta-15dec03.htm
24 June 2003 - Request for Proposals, Establishment of new sTLDs (Draft for Public Comment): http://www.icann.org/en/tlds/new-stld-rfp/new-stld-rfp-24jun03.htm
19 March 2004 - Status Report on sTLD Evaluation Process: http://www.icann.org/en/tlds/stld-apps-19mar04/stld-status-report.pdf
Some analysis of the sTLD program is available in Staff's 24 September 2004 report on a strategy for introducing New gTLDs, at http://www.icann.org/en/tlds/new-gtld-strategy.pdf, and additional information can be found in the documentation of the New gTLD program, at http://www.icann.org/en/topics/new-gtlds/related-en.htm.
ICM presented the Sponsored TLD Registry Agreement to the Board at the 18 April 2006 Regular Meeting. The Chairman of the Board indicated that additional discussions and a possible vote on the agreement would be held at the next meeting: http://www.icann.org/en/minutes/minutes-18apr06.htm.
ICM's proposed version of the .XXX Sponsored TLD Registry Agreement was presented to the Board at the 10 May 2006 Special Meeting. The Board voted against the proposed agreement at the 10 May 2006 Special Meeting: http://www.icann.org/en/minutes/minutes-10may06.htm.
The resolution does not address funding for the items identified herein.