Historical Resolution Tracking Feature » 2010-03-12 - Consideration of the Independent Review Panel Declaration - ICM Registry v. ICANN

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.

2010-03-12 - Consideration of the Independent Review Panel Declaration - ICM Registry v. ICANN

Resolution of the ICANN Board
Topic: 
Independent Review of .XXX Registry Agreement Decision
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.

Category: 
gTLDs
Meeting Date: 
Fri, 12 Mar 2010
Resolution Number: 
2010.03.12.39, 2010.03.12.40, 2010.03.12.41
URL for Resolution: 
http://www.icann.org/en/minutes/resolutions-12mar10-en.htm
Status: 
Complete
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
Resolution 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.

Other Related Resolutions: 
Additional Information: