.XXX gets the yellow light at board meeting.
The ICANN Board adopted a resolution yesterday that will allow ICM Registry’s application for .xxx to move forward. But it may not be a quick process, and a new can of worms will be opened allowing for another comment period on the actual registry contract. Here’s the resolution that was adopted:
Whereas, ICANN’s General Counsel has completed the expedited due diligence regarding ICM Registry, as directed by the Board, and has concluded that ICM has represented that its Application for the .XXX sTLD is still current and that there have been no negative changes in ICM’s qualifications.
Whereas, ICANN Staff is in consultation with ICM on a new proposed registry agreement for the .XXX sTLD and expects to receive a finalized proposal from ICM.
RESOLVED (2010.08.05.21), upon receipt of ICM’s application documentation, ICANN Staff is authorized to post ICM’s supporting documents and proposed registry agreement for the .XXX sTLD for public comment for a period of no less than 30 days.
RESOLVED (2010.08.05.22), upon completion of public comment period, ICANN Staff shall provide the Board with a summary of the public comments and shall make a recommendation to the Board as to whether the proposed registry agreement for the .XXX sTLD is consistent with GAC advice.
RESOLVED (2010.08.05.23), once the Board has received the above public comment summary and recommendation from the ICANN Staff regarding the proposed registry agreement for the .XXX sTLD, the Board shall at its next possible meeting, consider this recommendation, and determine, consistent with the ICANN Bylaws, whether a GAC consultation shall be required.
I have heard first hand from ICANN members that this is not going through. As you can see from yesterday’s vote, they are going to drag this out for years and years–thank God. The questions is, how much money is ICM willing to flush down the toilet.
This looks like death by a thousand cuts to me.
Contrast this with the extension of the scope allowed to the .jobs registry, which has been approved within a few weeks of the public consultation closing.
“I have heard first hand from ICANN members”
If the condition persists, see a doctor.
http://www.icann.org/en/general/bylaws.htm#XVII
ARTICLE XVII: MEMBERS
ICANN shall not have members, as defined in the California Nonprofit Public Benefit Corporation Law (“CNPBCL”), notwithstanding the use of the term “Member” in these Bylaws, in any ICANN document, or in any action of the ICANN Board or staff.
“Death by a thousand cuts” is a perfect way of putting it. One thing to remember is that the opposition has not yet begun to make its case. As soon as ICANN actually makes any kind of determination of this application (other than passing it off to a third party) then the opposition has an opportunity to appeal that decision through the IRP process–as well as a few other types of appeal. That should easily take us into 2013.
If this thing gets delayed past the approval of the new TLD process, don’t be surprised if ICM registry sues to block the introduction of new TLDs.
@Andrew I do rather think that your headline is a tad positive. Yes it moves on – but I think down a rather long and winding road, rather than forward. “ICANN sends .xxx off into the long grass” might have been more apt.
If you want to see an ICANN move forward, see how they turned around the 245 responses on .jobs and approved the change within 3 weeks. It clearly can be done!
@ Jim – well, it is “moving forward”, even if it’s down a long and winding road 🙂
I agree. I have no doubt that ICM would sue. I also know that if ICANN passes it, adult businesses intend to sue ICANN. And, if they get a pro-business judge, as business v. global non-profit, I have no doubt the judge will grant a stay.
“And, if they get a pro-business judge, as business v. global non-profit, I have no doubt the judge will grant a stay”
Obviously on the basis of such a compelling legal theory.
All I’m saying is that Stuart Lawley has declared .xxx a done-deal. Yesterday, ICANN said that it is not a done-deal–there is more to come. In my humble, non-legal opinion, there is much more to come.
I am surprised companies that will not get their preferred TLDs like .ll and in many cases .lll did not sue already to stop the whole process. For every .ebay and .ford there are 10 large companies that would prefer .ll and .lll they will not get.
@ Jon – HP has already said it objects.
Er, um … except of course that one person’s “move forward” may be another’s “move backward.” 😉