ICANN Publishes Draft Agreement on .XXX
A Revised Proposed Registry Agreement with ICM to be designated as the Registry Operator for a .XXX Sponsored Top Level Domain (.XXX), as well as documentation submitted by ICM Registry in connection with the expedited due diligence conducted at the direction of the Board are being posting today for public comment.
This information is posted for a thirty day public comment period commencing at 12:00 pm Pacific Daylight Time (19:00 UTC) on 24 August 2010 through 11:59 a.m. Pacific Daylight time (18:59 UTC) on 23 September 2010.
Comments can be submitted to email@example.com and viewed at http://forum.icann.org/lists/xxx-revised-icm-agreement/.
In 2004, ICM submitted an application in response to an ICANN Request for Proposals to create new Sponsored Top-Level Domain registries. A first proposed registry agreement for .XXX was posted on 16 April 2006. In May 2006, the Board voted not to approve the agreement as proposed, and two revisions to the proposed registry agreement were posted for public comment in January and February of 2007 (see http://www.icann.org/en/announcements/announcement-05jan07.htm).
On 30 March 2007, the Board rejected the proposed agreement. http://www.icann.org/en/minutes/resolutions-30mar07.htm#_Toc36876524. After ICM sought an independent review of the Board’s denial of ICM’s application for the .XXX sTLD, the Independent Review Panel issued a declaration. On 25 June 2010, the Board determined to accept and act in accordance with some of the Panel’s findings and directed ICANN staff to conduct expedited due diligence of ICM and to proceed into draft contract negotiations with ICM. See http://www.icann.org/en/minutes/resolutions-25jun10-en.htm#5. On 5 August 2010, the Board directed staff, upon receipt of ICM’s application documentation, to post ICM’s supporting documents and proposed registry agreement for public comment for a period of no less than 30 days. See http://www.icann.org/en/minutes/resolutions-05aug10-en.htm#9.
Consistent with the Board’s Resolutions of 25 June 2010 and 5 August 2010, ICANN staff is posting the following materials for public comment:
Due Diligence Documentation submitted by ICM Registry:
- ICM Cover Letter to ICANN [PDF, 58 KB] 1
- ICM Registry Certificate of Good Standing [PDF, 23 KB]
- Sponsoring Organization Agreement [PDF, 108 KB]
- Appendix A – IFFOR Policy Development Process [PDF, 97 KB]
- Appendix B – IFFOR Baseline Policies [PDF, 76 KB]
- Appendix C – Compliance Reporting System [PDF, 171 KB]
- Appendix D – IFFOR Organizational Chart [PDF, 25 KB]
- Appendix E – Office of Ombudsman Charter [PDF, 57 KB]
- Registrar Flowthroughs to Registrants [PDF, 70 KB]
- Terms for Verification Credentials Contract [PDF, 82 KB]
- ICM Registry Policy: Preventing Abusive Registration [PDF, 55 KB]
- International Foundation for Online Responsibility (IFFOR) Certificate of Good Standing and Articles of Incorporation [PDF, 90 KB]
- IFFOR Bylaws [PDF, 134 KB]
- 9 July 2010 Letter from Afilias Noting Reconfirmation as Service Provider [PDF, 38 KB]
- ICM & IFFOR Responsibilities and Obligations [PDF, 27 KB]
Revised Proposed Registry Agreement for the .XXX sTLD
The Revised Proposed Registry Agreement was submitted by ICM Registry after negotiations with ICANN staff. The Revised Proposed Registry Agreement has not been considered or approved by the ICANN Board. The Revised Proposed Registry Agreement is revised from the proposed agreement considered by the Board in March 2007.
The documents are provided in both clean and redlined form for ease in identifying revisions.
Revised Proposed Registry Agreement:
Revised Proposed Appendix S to Registry Agreement:
Some of the major changes between the 2007 versions and the current proposed versions are:
- The agreement is revised to reflect changes to address DNSSEC handling and current technical specifications, as well as links to current ICANN processes;
- The agreement is revised to be consistent with most sTLD agreements in the renewal terms.
- The termination, assignment and subcontracting provisions have been revised and clarified.
- Modifications to Appendix S to further define the sTLD community and to provide the requirements of ICM in developing and implementing policy for the TLD through IFFOR, consistent with the ICM/IFFOR Sponsoring Organization Agreement and the sTLD charter.
ICM has committed to sign a standard release of all claims against ICANN in conjunction with the execution of a Registry Agreement.
1 ICM’s Cover Letter identifies additional information submitted to ICANN on a confidential basis. Those documents are not publicly posted.