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Summary
Board directed the President and General Counsel to analyze all public input to the proposed .XXX Sponsored TLD Registry Agreement, to continue negotiations with ICM, and to return to the Board with recommendaitons. 

 
Text

Veni Markovski introduced a resolution, seconded by Hagen Hultzsch:

Whereas, on 1 June 2005, the ICANN Board authorized the President and General Counsel to enter into negotiations with ICM Registry LLC 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, on 15 September 2005, the ICANN Board directed staff 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, and to return to the board for additional approval, disapproval or advice.

Whereas, discussions between ICANN and ICM Registry have continued, and additional public input has been received concerning the terms of the proposed sTLD agreement.

Whereas, on 30 March 2006, ICANN's Governmental Advisory Committee issued a communique identifying public policy issues relating to the ICM Registry application <http://gac.icann.org/web/communiques/gac24com.pdf>.

Resolved (06.12), the President and the General Counsel are directed to analyze all publicly received inputs, to continue negotiations with ICM Registry, and to return to the Board with any recommendations regarding amendments to the proposed sTLD registry agreement, particularly to ensure that the TLD sponsor will have in place adequate mechanisms to address any potential registrant violations of the sponsor's policies.

Following discussion, a vote was taken on the resolution, which the Board adopted by a 12-0 vote with three abstentions (Michael Palage, Alejandro Pisanty, and Hualin Qian abstained for reasons stated in the real-time transcription <http://www.icann.org/meetings/wellington/captioning-board-31mar06.htm>).

Implementation Actions

  • Analyze all publicly received inputs to .XXX Sponsored TLD Registry Agreement. 
    • Responsible entity: President and General Counsel
    • Due date: None provided
    • Completion date: 10 May 2006
  • Continue negotiations with ICM for Sponsored TLD Registry Agreement.
    • Responsible entity: President and General Counsel
    • Due date: None provided
    • Completion date: 10 May 2006
  • Provide recommendations regarding amendments to the proposed .XXX Sponsored TLD Registry Agreement. 
    • Responsible entity: President and General Counsel
    • Due date: None provided
    • Completion date: 10 May 2006

Other Related Resolutions

Additional Information

  • The resolution does not address funding for the items identified herein.
  • 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 Board directed ICM to publish a revision to the proposed .XXX Sponsorship TLD Registry Agreement for public comment at the 12 February 2007 Special Meeting.  See 12 February 2007 Resolution 07.09 at: http://www.icann.org/en/minutes/minutes-12feb07.htm.

Explanatory text does not modify or override Resolutions.  See Board Resolutions Page for more information.

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