IRP

ICANN’s two missing accountability clauses

by kierenmccarthy on June 25, 2010

Earlier this year, the organization that oversees the domain name system, ICANN, saw the first use of its Independent Review Process – its highest level of review for decisions that affect billions.

The IRP decided conclusively against ICANN. The issue was whether the organization had been right to deny the application for dot-xxx as a new Internet extension: the Review Panel said it was not. Earlier today, the Board announced that it would accept the Review Panel’s findings and set in place a multi-stage process of approval before the extension – intended purely for adult content – is added to the Internet’s “root”.

In doing so, the Board accepted two of the five conclusions of the Review Panel. First, that the company behind dot-xxx, ICM Registry, had met the required sponsorship criteria for its application; and second that the finding it had not meet the criteria “was not consistent with the application of neutral, objective and fair documented policy”.

Earlier it had also accepted the first conclusion that the Review Panel drew: that the Panel’s declaration was advisory and did not constitute a binding arbitral award.

But what of the other two?

These two were crucial in that they were nothing to do with the dot-xxx case but were instead about the independent review process itself i.e. deciding the method by which the organization would be held accountable in future.

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Dot-xxx approved by ICANN Board

by kierenmccarthy on June 25, 2010

As flagged up yesterday, the ICANN Board has approved the dot-xxx Internet extension at its Board meeting just now in Brussels.

It did so almost unanimously (two abstentions) but rather grumpily, however, with several members saying they were “uncomfortable” with the decision and appearing the blame the “process” for forcing them to make a decision. The approving resolutions also stuck in several approval steps, which more members grumpily pointed to.

The resolutions – and a statement attached to the vote by the CEO – also purposefully stepped away from ICANN accepting recommendations by the independent panel review that will make it less likely that the Board will be told it has done the wrong thing in future.

This is slightly sad – the Board had a great opportunity to be big-hearted and to demonstrate that it does indeed believe that it should be held accountable and that it is not as arrogant as it sometimes comes across – but they blew it. And used the difficult nature of dot-xxx as cover.

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Why ICANN doesn’t need to go back to the GAC over dot-xxx

June 23, 2010

This Friday, it looks as though the ICANN Board will follow the clear conclusions drawn by its independent review and approve dot-xxx.
Given the importance of the first use of the review process, the importance of the Board being seen to be accountable and the fact that the community was pretty unanimous in recent public [...]

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Watch out: .xxx is coming to an Internet near you soon

February 23, 2010

So I think there is a real chance that the Internet extension .xxx will appear on the Internet some time this year.
Of course, you really can never know since overseeing body ICANN is a complex beast, but following the first use of the organization’s Independent Review Process (IRP) and the resulting panel declaration [pdf], [...]

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