Please go ahead

[Patrick Vande Walle <patrick@xxxxxxxxxxxxxx>]

This is actually very simple. 

The criteria for the new GTLD program are not relevant to ICM's
application, if only for the fact that they were unknown to the applicant
in 2004. 

Whatever due diligence process process still needs to be conducted, it
should be based on the 2004 critieria and the 2004 materials submitted by
the applicant. It would be nonsense from ICANN to to ask for new materials,
given that all the loss of time and money is ICANN's only responsibility,
and that the applicant needs not to be even lore affected by this. 

Further, ICANN is not in the business of regulating content, but in
assigning unique identifier on the Internet. Whatever content might be
displayed by a web site using a .XXX Domain name is totally outside the
scope of ICANN's mission. This should be the main rebuttal to all advice
saying that ICANN cannot accept a TLD that would display pornographic
material, largely available under other TLDs already.

The independent review panel decided that the 2007 Board decision was
wrong. Unless ICANN has no respect at all for the decision of the IRP, the
only way forward is to proceed with the negotiation of the registry
agreement. ICANN should stop wasting the community and applicant's
resources on this procastrination exercise.

Respectfully submitted

Patrick Vande Walle
Writing in a personal capacity.