Re: Interesting wording
"Which seems to imply that if ICANN can demonstrate they are actively working on compliance, even if not compliant yet, that would, or could, be taken into account."
I dont think thats going to be accepted as a mitigation seeing as they had 2 years to be ready for this. And as its clear they now realise the implications of GDPR to carry on as is would likely be considered willful infringement.