The ICANN board meeting in Nairobi led to a number of surprises.
EOI was killed off, “vertical integration” was shunted back to a GNSO workgroup to “sort it out”, while the much awaited “decision” on .xxx morphed into this:
15. Consideration of the Independent Review Panel Declaration – ICM Registry v. ICANN
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 38 th International Meeting in Brussels.
Which led to the publishing of this set of documents by ICANN yesterday
Now there is a public comment period and then there’ll be another report which will be presented to the board and maybe – just maybe, the board will make some kind of actual decision at the Brussels meeting in June.
Now don’t hold your breath whatever you do!
ICANN’s board may end up shunting the entire thing back to the community again or get blocked by the GAC.
In the meantime I suspect ICM feel a bit like a mouse in a maze:
(Thanks to the little birdie who provided the graphic)
