ICANN Preliminary Report of Special Board Meeting 4 Feb. 2010

[Robin Gross]

FYI:

http://www.icann.org/en/minutes/minutes-04feb10-en.htm

Preliminary Report of Special Board Meeting
4 February 2010

[Formal Minutes are still to be approved by the ICANN Board]

Note: This has not been approved by the Board and does not constitute  
minutes but does provide a preliminary attempt setting forth the  
unapproved reporting of the resolutions from that meeting. Details on  
voting and abstentions will be provided in the Board's Minutes, when  
approved by the board at a future meeting.

A Special Meeting of the ICANN Board of Directors was held via  
teleconference 4 February 2010 @ 03.00 UTC. Chairman Peter Dengate  
Thrush promptly called the meeting to order.

In addition to Chairman Peter Dengate Thrush the following Directors  
participated in all or part of the meeting: Rod Beckstrom (President  
and CEO), Dennis Jennings (Vice Chairman), Harald Tveit Alvestrand,  
Steve Crocker, Gonzalo Navarro, Rita Rodin Johnston, Raymond A.  
Plzak, George Sadowsky, Mike Silber, Jean-Jacques Subrenat, Bruce  
Tonkin, and Katim Touray.

The following Board Liaisons participated in all or part of the  
meeting: Janis Karklins, GAC Liaison; Thomas Narten, IETF Liaison;  
Jonne Soininen, TLG Liaison; and Vanda Scartezini, ALAC Liaison.

Raimundo Beca; Ram Mohan, SSAC Liaison; Rajasekhar Ramaraj; and  
Suzanne Woolf, RSSAC Liaison sent apologies.

This is a preliminary report of the approved resolutions resulting  
from the Special Meeting of the ICANN Board of Directors, which took  
place on 4 January 2010.

Consent Agenda
Minutes of 9 December 2009 Meeting
RESOLVED (2010.02.04.01) the Board hereby approves the minutes of the  
9 December 2009 Board Meeting.

Minutes of 22 January 2010 Meeting
RESOLVED (2010.02.04.02) the Board hereby approves the minutes of the  
22 January 2010 Board Meeting.

puntCAT Contract Amendment re One and Two Character Names
Whereas, Fundacio puntCAT has submitted a request pursuant to ICANN’s  
Registry Services Evaluation Policy to amend the .CAT Registry  
Agreements to allocate one and two-character domain names via a  
request for proposals process to members of the Catalan cultural and  
linguistic community.

Whereas, the proposed release of single and two-character domain  
names in .CAT would be consistent with the recommendations of the  
GNSO Reserved Names Working Group and other approvals to permit the  
release of one and two-character domain names.

Whereas, ICANN has evaluated the proposed amendment to the .CAT  
Registry Agreement as new registry services pursuant to the Registry  
Services Evaluation Policy and has posted amendments for public  
comment and Board approval (http://www.icann.org/registries/rsep/).

It is hereby RESOLVED (2010.02.04.03) that the .CAT amendment is  
approved, and the President and General Counsel are authorized to  
take such actions as appropriate to implement the amendments.

Recommendation from Finance Committee regarding FY10 Budget
Whereas, in accordance with its commitments made at the time of  
adoption of the FY10 budget, the BFC has reviewed the results of  
financial operations for ICANN through December 2009, as well as the  
forecasts for FY10;

Whereas the extra pressures on the FY10 budget are acknowledged and  
based upon reasonable underlying causes;

Whereas the BFC directed staff to develop a plan for widespread and  
extra cost containment efforts, and has reviewed that plan;

Whereas the BFC has indicated the cost containment efforts should not  
include the cutting back on essential ICANN services;

Whereas the risks of FY10 budget overrun have been assessed and  
acknowledged ;

It is hereby RESOLVED (2004.02.04.04) that the Board authorizes the  
CEO and his designated staff to approve the release of the $1.5  
million from the existing FY10 budget contingency line item for FY10  
operating expenses;

It is hereby RESOLVED (2004.02.04.05) that the Board requests the CEO  
and his designated staff to closely monitor expenditures and  
forecasts for FY10, ensuring that ICANN essential services are not  
affected, and work with the BFC on plans and alternatives as required.

Resolutions 2009.02.04.01; 2009.02.04.02; 2009.02.04.03;  
2009.02.04.04 and 2009.02.04.05 were approved in a single vote  
approving the consent agenda items. All Board Members present  
unanimously approved these resolutions.

Main Board Meeting:
.IN Redelegation Request
Whereas, .IN is the ISO 3166-1 two-letter country-code designated for  
India. Whereas, ICANN has received a request for redelegation of .IN  
to the National Internet Exchange of India.

Whereas, ICANN has reviewed the request, and has determined that the  
proposed redelegation would be in the interests of the local and  
global Internet communities.

It is hereby RESOLVED (2010.02.04.06), that the proposed redelegation  
of the .IN domain to the National Internet Exchange of India is  
approved.

All Board members present unanimously approved of this resolution.

President’s Report
The Board received a report on from the President and CEO on staff  
activity since the Board’s meeting in December, including various  
outreach events attended by the President and CEO.

Approval of Strategic Plan for 2010
The Board received an update from staff on the work to date on the  
ICANN Strategic Plan for 2010, including the incorporation of  
community and Board comments on prior versions. The Board discussed  
potential minor revisions to be included in the final version.

The Board then took the following action:

Whereas, ICANN's July 2010 through June 2013 Strategic Plan seeks to  
provide four areas of high level strategic focus for ICANN;

Whereas, ICANN’s July 2010 through June 2013 Strategic Plan  
identifies in addition to four areas of focus, enablers across all  
areas to reflect ICANN’s responsibilities towards a multi-stakeholder  
model, collaboration, and being international, transparent and  
accountable;

Whereas, ICANN’s July 2010 through June 2013 Strategic Plan captures  
strategic objectives and strategic projects, details of community  
work and staff work will be reflected in the operational plan;

Whereas, ICANN’s Strategic Plan is based on input from the ICANN  
Board of Directors, public consultations on ICANN’s website,  
presentations at ICANN Seoul meeting, and to constituency groups, and  
a survey with the community;

Whereas, the 2010-2013 Strategic Plan describes four strategic  
initiatives, and principal work areas under these initiatives;

Whereas, measurements and metrics will be addressed by staff in  
consultation with the community, as part of the operational planning  
process and further integration into the next Strategic Planning cycle;

Whereas, the Strategic Plan will form the framework around which the  
July 2010 through June 2011 Operational Plan and the associated  
budget are constructed.

Whereas, members of the community have been very generous with their  
time and the Board appreciates the work that they have done.

It is hereby RESOLVED (2010.02.04.07) the Board approves the July  
2010-June 2013 Strategic Plan, and directs the President and staff to  
move forward with the community-based Operational planning process  
based on the strategic objectives as set forth in the plan.  Minor  
edits will be provided to staff by the Board before close of business  
on Monday 8 February 2010, final changes will be subject to the  
Chairman’s final approval.

All Board members present unanimously approved of this resolution.

Adoption of Event Security Risk, Contracts and Cancellation  
Management Policy
The Board received an update from the President and CEO on the  
proposal to create a more formalized process for assessing security  
risks for ICANN events.

The Board discussed the proposal and then took the following action:

RESOLVED (2010.02.04.08), the ICANN Board directs the ICANN Staff  
(through the CEO) to monitor, review and regularly report to the  
community, where possible, the United Nations Security Plan Phase  
Designations, relating to all ICANN International Meetings.

RESOLVED (2010.02.04.09), the ICANN Board directs ICANN Staff  
(through the CEO) to consider the “Phase Two” or higher designation  
as a possible rationale for cancelling any ICANN International Meeting.

RESOLVED (2010.02.04.10), the ICANN Board directs ICANN Staff  
(through the CEO) to consider the United Nations Security “Phase One”  
designation as a triggering event for review, along with other  
factors, of the safety and security of holding any ICANN  
International Meeting.

All Board members present unanimously approved of this resolution.

New gTLDs
Expressions of Interest in new gTLDs
The Board received an update from the staff on the work done in  
response to the Board’s 9 December 2009 resolution on Expressions of  
Interest.

The Board then discussed that additional community consultation may  
be of benefit, as noted in some of the comments received urging  
community dialog on the issue in Nairobi.

The Board then took the following action:

Whereas, deferring an ICANN Board decision on the proposed plan for  
obtaining Expressions of Interest in new gTLDs until the ICANN  
International Meeting in Nairobi, Kenya in March 2010 will only cause  
a three-week modification to the timeline proposed by staff.

It is RESOLVED (2010.02.04.11), ICANN Board adjourns with making a  
motion with respect to the approval of the Expressions of Interest in  
new gTLDs until the Board meeting at the ICANN International Meeting  
in Nairobi, Kenya in March 2010. The Board has a goal of making a  
decision on the Expressions of Interest at its Board meeting in Nairobi.

It is further RESOLVED (2010.02.04.12), the ICANN Board directs staff  
to produce a summary of the major issues identified in the public  
comment on the Expressions of Interest proposal, as well as an  
explanation of how those issues will be dealt with if ICANN proceeds  
with Expressions of Interest.

It is further RESOLVED (2010.02.04.13), the ICANN Board directs staff  
to schedule a forum at the ICANN International Meeting in Nairobi for  
the discussion of the Expressions of Interest proposal, including the  
receipt of community input.

One Board member abstained from voting on these resolutions. All  
other Board members in attendance approved of these resolutions.

Relaxing 3-Character Requirement for gTLDs
The Board received an update from staff regarding the posting of the  
Final Report on the three-character requirement for gTLDs.

Update on ICANN Proposed Security Initiatives in Response to  
Affirmation and IANA Contract Requirements
The Board received an update from staff on the ongoing work within  
the IANA functions department on proposed security initiatives.

Recommendation from Board Governance Committee for Consideration of  
Board Chairman Remuneration
The Chair ceded the leadership of this discussion to the Vice Chair  
of the Board, and removed himself from deliberation on this item.

The Board discussed the need to receive more information to allow for  
full consideration of the remuneration matter, and addressed the  
feasibility of separating the discussion of remuneration of the Board  
Chairman from the discussion of remuneration of the Board as a whole.

Whereas, significant discussion and analysis has been conducted  
relating to whether remuneration of the Board Chairman should be  
considered;

Whereas, the Board has discussed the idea and has determined that it  
shall further consider whether Board Chairman remuneration is  
appropriate and later consider whether full Board remuneration is  
appropriate;

Whereas, additional work, research and analysis should be  
commissioned to inform the Board’s consideration of Board Chairman  
remuneration, including an updated discussion of the associated risks;

It is hereby RESOLVED (2010.02.04.14) that remuneration of the Board  
Chairman is worthy of further consideration.

It is hereby further RESOLVED (2010.02.04.15) that the Board  
Governance Committee develop a plan and request that the CEO direct  
the General Counsel to commission additional work, research and  
analysis of the issue of Board Chairman remuneration, including an  
updated discussion of associated risks, for consideration by the BGC  
and then presentation to the Board for further consideration.

One Board member opposed these resolutions. Two Board members  
abstained from voting on these resolutions. All other members of the  
Board in attendance approved of these resolutions, and the  
resolutions were carried.

ICANN Media Relations Report
The Board received a short update from the President and CEO on  
ICANN’s media relations planning. The President and CEO noted that  
communications outside of the United States is an important focus of  
this work.

Recommendations of Ombudsman File 09-58
The Board discussed the Ombudsman File 09-58, the conduct of the  
investigation, and the focus on civility within ICANN, and the need  
for awareness of cultural and gender issues to provide for better  
opportunities for participation.

The Board then took the following action:

Whereas, the Board thanks the Ombudsman for his report on File 09-58  
addressing civility issues within ICANN related meetings and  
discussions;

Whereas, the Board notes that there is ongoing work within ICANN to  
enhance civility among ICANN participants, and that this topic is of  
high value to the ICANN community;

Whereas, the Board responds to the Ombudsman Report as follows:

It is hereby RESOLVED (2010.02.04.16) that the Board affirms that all  
participants in ICANN are expected to adhere to the Expected  
Standards of Behavior as published in the ICANN Accountability &  
Transparency: Frameworks and Principles, found at: http:// 
www.icann.org/en/transparency/acct-trans-frameworks- 
principles-10jan08.pdf.

It is further RESOLVED (2010.02.04.17) that the Board requests that  
the CEO direct ICANN Staff to provide at least annual reminders of  
the Expected Standards of Behavior to the membership of ICANN’s  
supporting organizations and advisory committees, and to consider the  
other proposals by the Ombudsman to enhance civility.

One Board member abstained from voting on these resolutions. All  
other Board members in attendance voted in favor of these resolutions.

Update on IDNs
The Board received an update from staff on the progress of the IDN  
ccTLD Fast Track requests and the recent announcement of four  
requestors successfully completing the string evaluation stage.

New gTLDs: Vertical Integration
Prior to any discussion on this matter, the Chair identified Board  
members and liaisons with conflicts of interest on this issue. The  
non-conflicted Board members approved a motion to request that two  
directors, and four liaisons withdraw from participation in the  
discussion due to their conflicts of interest. After confirmation of  
removal, the Board proceeded with discussion on the matter.

The Board received an update from staff, including a draft of an  
economic model from economists contracted by ICANN relating to the on  
the ongoing community work, study and review of the registry/ 
registrar separation requirement and the ongoing expert economist  
work on the issue. Staff presented a draft economic model to the  
board and recommended that it be posted for public comment. The Board  
discussed some of the economic theories and assumptions behind the  
economist’s work, and there was a discussion of additional work that  
might need to be done on this matter, as well as a sense of the Board  
that the model should not be published yet, pending further review  
and consideration. The CEO and Chairman agreed to convene on a review  
of the model and what additional steps could be taken. Staff advised  
the Board that a delay of Board consideration of this issue might  
delay the timeline of the new gTLD program. Following on from various  
board member comments, the CEO requested that any assumptions or  
market theories (or comments on the assumptions and market theories),  
that had not been considered or were within the draft model, should  
be provided to the CEO and Chair to enable additional work on the model.

After the close of discussion, all Board members and liaisons were  
invited back into the meeting.

Any Other Business
The Board requested an update from staff on the status of the reviews  
called for within the Affirmation of Commitments, and that public  
comments are still being received on the proposed methodology for the  
reviews. The Chair requested that all Board members and liaisons  
encourage applications for the volunteer review panel positions.

Meeting was adjourned at 0640 UTC.



IP JUSTICE
Robin Gross, Executive Director
1192 Haight Street, San Francisco, CA  94117  USA
p: +1-415-553-6261    f: +1-415-462-6451
w: http://www.ipjustice.org     e: robin at ipjustice.org



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