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CircleID : DomainName : ICANN Board Meeting Spoiler Alert

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9 Septembre 2008
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For those participants that have been working rearranged hours and participating remotely in connection with ICANN's Nairobi meeting, here is a chance to sleep in. While ICANN Board tea leaf reading is not an exact science, there is a great deal of predictability to ICANN's actions so here are my big three predictions for tomorrow.

#1 – ICANN Board Approves the EOI

Kristina Rosette, GNSO Counsel representative highlighted how ICANN had already announced a webinar on March 18th to talk about the new gTLD process and the EOI/Pre-Reservation process. Now while ICANN staff promptly edited this page after Kristina's statement in the public forum, to include the following disclaimer (SUBJECT TO BOARD DECISION), this appears to be preordained based on the additional facts listed below.

#2 – Launch of the Global Communication Plan

The Seoul meeting was interesting as it was one of the first ICANN meetings were there was an absence of artificial timelines in connection with the launch of the new gTLD process. This meeting was also largely absent of timelines, expect for those attendees that managed to sit in on the new gTLD staff briefing given by Kurt Pritz to the Registrar Stakeholder Group. While the first slides in Kurt's presentation where almost identical to the other public presentations, the last two saw the re-emergence of project times. These slides were entitled "Applicant Guidebook V4—Shortest Path" and "Expression of Interest (EOI)—Shortest Path." While this power point presentation given to the registrars is not currently available on the ICANN website, I am sure that within minutes of this article being published it will timely appear on the ICANN website much like the update to the March 18th webinar.

#3 – Approval of the ICM Application

Today on the ICANN correspondence website there appears a private and confidential communication submitted by ICM to ICANN to settle its dispute. Given that this "private and confidential" communication is now public is a reasonable indicator that ICANN will accept the offer. The only suspense is if ICANN approves the last 2007 registry contract posted for public comment, or if it re-opens contractual negotiations. Given that re-opening negotiations would subject ICANN to intense lobbying from certain stakeholder groups that feel rather passionately about this subject and how this might distract staff from its Brussels' deliverables, it is a safe bet to predict that ICANN just bites the bullet and executes the 2007 agreement.

Shock and Awe

Regardless of what actions the ICANN Board takes tomorrow it will be criticized. Therefore, given the new style leadership demonstrated by ICANN President and CEO, Rod Beckstrom and Chairman Peter Dengate Thrush, I predict ICANN goes 'all in." While it may take several years to determine whether the ICANN Board made the right decision in Nairobi, this much is guaranteed for sure, ICANN's actions represent a global economic stimulus plan for attorneys of epic portions that will be paying dividends for year to come. Let the fun begin, and let the chips fall where they may.

Written by Michael D. Palage, Adjunct Fellow at The Progress & Freedom Foundation



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