[ga] ICANN's Board ignores USDOJ advice in last week's meeting

[George Kirikos <gkirikos@xxxxxxxxx>]

Hi folks,

The preliminary report from last week's Board meeting have been posted:

http://www.icann.org/en/minutes/prelim-report-03feb09.htm

The strategic plan (which listed new gTLDs #1 in the list of priorities, and 
with a target date for first applicants of mid-2009) was approved in that board 
meeting 14-1. I find this disturbing in light of the NTIA/DOJ comments and the 
vast opposition by the public community to new gTLDs. It would be nice to know 
which brave board member stood alone against the other 14 and cast a vote of 
"No" --- kudos to him or her. Perhaps that single Board member also didn't like 
that "Ensure financial accountability, stability and responsibility" was at the 
BOTTOM of the strategic priority list, especially after the discussion last 
week of the $4.6 million loss speculating in financial markets by ICANN:

http://www.circleid.com/posts/20090203_icann_blows_46_million_stock_market/

Also, the .AERO agreement was renewed, despite our own objections, namely to 
the 10-year term and to the presumptive renewal:

http://forum.icann.org/lists/aero-renewal-2008/msg00000.html

I believe these two actions ignored the advice of the US Department of Justice 
who stated in page 9 of their letter that:

http://www.ntia.doc.gov/comments/2008/ICANN_081218.pdf

"If ICANN is not prepared to act now to address the competition-related issues 
identified in this letter, it should at a minimum ****POSTPONE THE INTRODUCTION 
OF NEW GTLDs AND THE ADOPTION OF ADDITIONAL PERPETUALLY RENEWING GTLD 
AGREEMENTS**** until it receives and reviews the study that the ICANN Board 
requested over two years ago." (emphasis added)

The new .AERO agreement is of course perpetually renewing, and the timeframe 
for new gTLDs in the strategic plan has not changed.

It appears to me that ICANN's Board has gone rogue to challenge the advice of 
the NTIA and USDOJ in such a direct fashion. As to who will be ultimately 
victorious? I'd put my money on the NTIA and USDOJ on winning in the end.

Sincerely,

George Kirikos
416-588-0269
http://www.leap.com/