Remember the new gTLD applicant guidebook aka the holy bible that was just released prior to the opening for the new TLD’s ?
Most people just had a laugh about it.
Those who looked at the lil tweaks might have discovered the gTLD Killswitch.
Let’s go back in time and remember the major annoucement on june 20th. The new gTLD’s became a new reallity.
For those who keep track also remember the GAC had tons of concerns and ICANN had no answer or solutions for those concerns at the given time. But all the GAC concerns got swept under the carpet and we didn’t hear much about them in the months to come. Beside the GAC shouldn’t be a party pooper. June 20th Singapore was ICANN party time.
Till jan 12th.
| September Applicant Guidebook | January Applicant Guidebook |
|---|---|
| I. The GAC advises ICANN that it is the consensus of the GAC that a particular application should not proceed. This will create a strong presumption for ICANN that the application should not be approved. In the event that the ICANN Board determines to approve an application despite the consensus advice of the GAC, pursuant to the ICANN Bylaws, the GAC and the ICANN Board will then try, in good faith and in a timely and efficient manner, to find a mutually acceptable solution. In the event the Board determines not to accept the GAC Advice, the Board will provide a rationale for its decision. | I. The GAC advises ICANN that it is the consensus of the GAC that a particular application should not proceed. This will create a strong presumption for the ICANN Board that the application should not be approved. The ICANN Board is also expected to provide a rationale for its decision if it does not follow the GAC Advice. |
| II. The GAC provides advice that indicates that some governments are concerned about a particular application. Such advice will be passed on to the applicant but will not create the presumption that the application should be denied, and such advice would not require the Board to undertake the process for attempting to find a mutually acceptable solution with the GAC should the application be approved. Note that in any case, that the Board will take seriously any other advice that GAC might provide and will consider entering into dialogue with the GAC to understand the scope of the concerns expressed. | II. The GAC advises ICANN that there are concerns about a particular application “dot-example.” The ICANN Board is expected to enter into dialogue with the GAC to understand the scope of concerns. The ICANN Board is also expected to provide a rationale for its decision. |
| II. The GAC advises ICANN that an application should not proceed unless remediated. This will raise a strong presumption for the Board that the application should not proceed. If there is a remediation method available in the Guidebook (such as securing government approval), that action may be taken. However, material amendments to applications are generally prohibited and if there is no remediation method available, the application will not go forward and the applicant can re-apply in the second round. | III. The GAC advises ICANN that an application should not proceed unless remediated. This will raise a strong presumption for the Board that the application should not proceed unless there is a remediation method available in the Guidebook (such as securing the approval of one or more governments), that is implemented by the applicant. If the issue identified by the GAC is not remediated, the ICANN Board is also expected to provide a rationale for its decision if the Board does not follow GAC advice. |
What’s the deal ? The deal is this.
Let’s say you want to setup the gTLD called .GAY. The GAC is allowed to file an objection based on any aspect of the application – not just the chosen string.
Now you can expect some country go bonkers and is going to object (GAC represents currently 110 countries).
Incase of an objection the whole thing goes back to the board of directors. And the ICANN board of directors have the power to overrule the objection, just like they did with .XXX. Sounds good right ? Afterall .XXX was approved.
Yes .XXX was approved but that application will not go down in history as an flawless example. How was .XXX actually approved.
The .XXX TLD was first proposed in 2000 by ICM Registry and resubmitted in 2004, but it faced strong opposition from politicians and conservative groups.
ICANN announced on June 1, 2005 a preliminary approval of .xxx as an sTLD similar to .aero, .travel, etc. ICM said it would charge $60/year for domains. In December 2005, discussions about the implementation of .xxx were taken off the agenda of ICANN Governmental Advisory Committee (GAC), placing its future in doubt. In its March 2006 meeting, the GAC formulated a letter of concern to the ICANN board about .xxx.On May 10, 2006, ICANN reversed the approval. On January 6, 2007, ICANN put up for public comment a revised proposal following changes to the policy of the ICM registry including the policing of any site that signs up to use the .xxx registry. On March 30, 2007, the ICANN board again rejected the .xxx proposal for the third time.
On June 6, 2008, in accordance with ICANN bylaws, ICM filed an application for an independent review challenging ICANN’s decision, and in September 2009, a live hearing was held in Washington DC, where both sides submitted documentary evidence and witness testimony. on February 19, 2010 ICANN’s Independent Review Panel (IRP) issued its findings.The Panel found that the application for the “.XXX sTLD met the required sponsorship criteria,” and that “the Board’s reconsideration of that finding was not consistent with the application of neutral, objective and fair documented policy”. At the ICANN meeting in Nairobi in March 2010 the board resolved to consider “process options”. A 45 day public comment was opened on March 26, 2010. At the Brussels ICANN meeting in June 2010, the ICANN board resolved to restart the process, including renewed due diligence and GAC consultations.
On March 18, 2011, ICANN’s board approved the execution of the registry agreement with ICM for the
.xxxsponsored top level domain. The vote was 9 in favor, 4 against, with 3 abstentions
The truth is a little different however. Under pressure of an impending lawsuit the following deal was being struckbetween ICANN and ICM. ICM got the TLD .XXX and in return the ICANN fee became 2 USD instead of the usual 0.18 cents, and ICM would take the heat for ICANN regarding all .XXX future lawsuits. IE ICANN could not and will not be sued when it comes to .XXX.
If ICANN hadn’t made an error in the application process the entire .XXX TLD would have still been in the waiting room and never been released. Needless to say the GAC was not amused and over the years the GAC approach towards ICANN has changed. One could even say that back then the approval of .XXX was made when the GAC was friendly, warm and fuzzy towards ICANN. Nowdays the GAC is putting more and more pressure on ICANN and with succes as we can see by the sudden changes in the applicant guide book.
And you can bet that ICANN will not make the .XXX mistake ever again. So next time the GAC objects to a new gTLD applications it is not an objection but a flick of the “Killswitch”.
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