September 2012 - council - lists.icann.org

Visa for ICANN Toronto refused by Canadian High Commission
by Zahid Jamil Sept. 17, 2012

Sept. 17, 2012

Dear Councillors, I applied today at the Canadian High Commission at London for my visa for the ICANN meeting with invitation letter etc. Without even asking any questions it was flatly refused. Apparently, the High Commission wouldn't even speak to the ICANN staff. Guess I may not be seeing you all in Toronto. May be an idea to ensure Government support before accepting requests to host ICANN meetings next time. For all the grievances at least the Senaglese gave everyone visas on arrival. Sincerely, Zahid Jamil Barrister-at-law Jamil & Jamil Barristers-at-law 219-221 Central Hotel Annexe Merewether Road, Karachi. Pakistan Cell: +923008238230 Tel: +92 21 5680760 / 5685276 / 5655025 Fax: +92 21 5655026 www.jamilandjamil.com Notice / Disclaimer This message contains confidential information and its contents are being communicated only for the intended recipients . If you are not the intended recipient you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this message by mistake and delete it from your system. The contents above may contain/are the intellectual property of Jamil & Jamil, Barristers-at-Law, and constitute privileged information protected by attorney client privilege. The reproduction, publication, use, amendment, modification of any kind whatsoever of any part or parts (including photocopying or storing it in any medium by electronic means whether or not transiently or incidentally or some other use of this communication) without prior written permission and consent of Jamil & Jamil is prohibited. Sent from my BlackBerry® wireless device

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Action Items arising from the GNSO Council meeting 13 September 2012
by Glen de Saint Géry Sept. 17, 2012

Sept. 17, 2012

Dear Councillors, Please find the action items arising from the Council meeting on 13 September 2012. Agenda Item 3: Consent agenda Action Item: The GNSO Council chair to inform the SSAC chair that the Council approved that the IRD-WG letter from the GNSO Council to ICANN Board be sent to the Board. Item 4: RAP recommendation on Uniformity of Reporting Action Item: Propose a motion for the next Council meeting in Toronto requesting an Issue Report with the intent of launching a PDP to address this issue within the scope and boundaries of the GNSO. (9 October 2012 deadline for motions and documents to be considered at the GNSO Council Public meeting in Toronto) Item 5: Whois Review Team Final Report Action Item: Brian Winterfeldt is asked to reconvene the group and examine the two options discussed at the Council meeting and report back to the Council chair with the time frame so that the ICANN Board can be appropriately and timely informed. · Option 1 .A response to the Board advising them to consider what each individual GNSO constituency and stakeholder group has to say on the Whois Review team Final Report recommendations. · Option 2. Tabulate the 16 recommendations, and explain for each one why there should or should not be policy development. Transmit the detailed response to the Board. Provide Council with a time frame for this option which the chair can communicate to the Board Item 6: Fake Renewal Notices Action Item: Mason Cole is to request that the Registrars continue with the steps suggested below: · Discuss the issue with ICANN Compliance to make SG and GNSO concerns known, as previous legal actions may impact renewal of offenders' accreditation agreements. · 2. Communicate to jurisdictional authorities as a SG to make our concerns known and to assess renewed enforcement - especially authorities like the FTC and the Canadian consumer agency that have already brought cases and may have stronger enforcement tools (e.g., civil penalties for violations of settlement agreements, etc.) that can be used. In particular, it may make sense to schedule a discussion with interested consumer protection authorities in Toronto. · 3. Report findings to the GNSO Council. · 4. Investigate whether or not enforceable contract language can be crafted, and the extent to which it could be equally or more effective than enforcement actions to date. For example, rather than requiring ICANN to make a determination about the behavior, a contractual provision that says accreditation can be revoked where a registrar has been found to be in violation of a court order or regulatory cease and desist order. Item 8: Impact of new gTLDs on ICANN's structure Action Item: Send updated draft response to the Council list for further comments. All comments should be submitted by the end of next week (Friday 21 September 2012). The chair will then seek agreement on the Council mailing list whether the draft response be sent to Bertrand de la Chapelle. Item 9: Overview of schedule for Toronto Action Item: Please provide Topics for discussion with the GAC, Board and ccNSO. Please provide your input to the Council mailing list as soon as possible Item 10: Toronto GAC High Level Meeting Action Item: Provide input on the Council list with regard to: "I would recommend preparation of Qs and lining up speakers in advance. I trust that the GNSO leadership will work with the GAC, as well as my Canadian colleagues, to find a balance between the differing cultures of the GNSO, and senior officials and politicians unfamiliar with the ICANN environment, to have a positive and productive exchange to reinforce and improve the multi-stakeholder model." Item11: Consumer Metrics Advice Letter to the ICANN Board Action Item: Motion to be proposed for the GNSO Council Public meeting in Toronto on 17 October 2012. (9 October 2012 deadline for motions and documents to be considered at the GNSO Council Public meeting in Toronto) Please let me know if you have any questions. Thank you. Kind regards, Glen Glen de Saint Géry GNSO Secretariat gnso.secretariat(a)gnso.icann.org http://gnso.icann.org

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Berard comment on impact of new gTLDs - draft letter
by john＠crediblecontext.com Sept. 17, 2012

Sept. 17, 2012

Thomas, As much as I like stirring the pot, I wonder if we can do one or two things to this letter than have less to do with its content, but its character. I know that Bertrand is a member of the Board Structural Improvements Committee, but I don't think that is what motivated his request. Neither is he on the New gTLD Committee. He is likely hoping to help solve a problem, much as he tried to do in Cartagena at the Council dinner even before he was seated on the Board. Because of that, could we address the letter to the Board overall (or either of its committees?) and change the opening paragraph to note the request from Bertrand? I hate the thought that I am getting mired in the kind of kabuki that I often rail about, but I am uneasy about upsetting Board comity. My two cents. Cheers, John Berard Founder Credible Context 58 West Portal Avenue, #291 San Francisco, CA 94127 m: 415.845.4388 -------- Original Message -------- Subject: [council] Impact of new gTLDs - draft letter From: Thomas Rickert <rickert(a)anwaelte.de> Date: Tue, September 11, 2012 3:01 am To: GNSO Council List <council(a)gnso.icann.org> All, in preparation of this week's GNSO telco, please find below the draft letter in response to Bertrand de La Chapelle's request for input on the impact of new gTLDs. I would like to thank Brian Winterfeldt, Joy Liddicoat, Osvaldo Novao, Zahid Jamil, Stéphane van Gelder, Wolf-Ulrich Knoben and Jeff Neuman for their contributions. I am looking forward to discussing this with you. Best regards, Thomas Dear Bertrand, the GNSO Council would like to thank you for the opportunity to provide feedback to your request for input on the impact of new gTLDs on ICANN's structure. As you know, the Council as well as individual SGs and Constituencies have been discussing this important subject for a long time now. It has also been a topic during face to face meetings between the GNSO Council and the Board and GAC as well as with the ccNSO. Some groups have already or will respond to the Board directly and our impression is that they are confident to have taken appropriate steps to address the upcoming challenges. As far as the Council is concerned, here will most likely be quantitative and qualitative challenges. What these will be and their size can hardly be predicted. In qualitative terms, there may be new requests to form constituencies and new stakeholder groups in both houses, some of which may be re-configurations or alignments of existing groups. Since this is an unknown factor, the effects on the democratic and participatory process of the Council and the response to that are yet to be seen. However, we would like to highlight that ICANN is already publishing information on how to participate (see http://gnso.icann.org/en/about/participation.htm) including information on how to form a Constituency. Thus, the information and processes are available to be inclusive. In quantitative terms, challenges are more predictable in some aspects. For sure, there will be - more attention by the general pubic and Governments; - more attendants at meetings, which has an impact on sizing the venues; - more groups that need administrative and technical support; - more telephone conferences with more participants and more remote participation; - more documents to be produced and read; - more decisions to be made and operationalized; - more contractors that need to be managed; - an increased budget to be administered; - more compliance issues that need to be taken care of; to name but a few areas of growth. While ICANN should have sufficient funds to meet these challenges, growth needs to be managed carefully. More staff and other operational resources will be needed to support the community and fulfill ICANN's mission while preserving operational excellence. These quantitative challenges require managerial responses that ICANN can prepare for. Such preparations should also encompass the increased burden on volunteers to deal with even more and potentially more complex material to work on. Processes and support schemes for volunteers should be designed to best possibly avoid volunteer fatigue. The unknown is what new groups will be established and what their place and role in the ICANN eco system shall be. However, additions will only lead to marginal changes that can be dealt with once they are known. In summary, the GNSO Council believes that the current structure is resilient to respond to the challenges to come as long as ICANN provides the resources required to accommodate an increasing number of participants / stakeholders and their respective needs. Thank you, Stéphane van Gelder GNSO Chair

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Re: [council] Fake renewal notices
by Mason Cole Sept. 17, 2012

Sept. 17, 2012

David -- Thanks for the reply. I think we all agree it's a problem that deserves attention. I am scheduling a call with ICANN Compliance (as detailed in my email) to see in fact of previous enforcement actions can be brought to bear on offenders. I'm also conferring with our SG leadership to bring the issue again to the attention of law enforcement. The language you suggest may be useful and I will share it with our legal advisor. Mason On Sep 14, 2012, at 1:54 AM, Taylor, David wrote: > Mason, all > > Thanks for the below Mason. As per our discussion on this yesterday, I think that marketing efforts that are fraudulent, deceptive or deliberately misleading, or are likely to be so should be prevented, and there is indeed a difference between such behaviour and general marketing which may be merely of a dubious nature. > > I agree with Mikey O'Connor's comments and that this is a real problem that needs resolving and I also agree with Mason that whatever efforts are made to resolve the problem, such efforts need to be effective and something which ICANN Compliance can enforce. Whether in a PDP or as an amendment to the RAA needs discussion, but the bottom line is that such behaviour needs to be rooted out one way or the other. > > Whilst there would be no wish to restrain marketing efforts generally, marketing efforts that are fraudulent, deceptive or deliberately misleading, or are likely to be so, should be prevented, and we as GNSO Council have a duty to help stamp out such behaviour as it discredits the entire domain name industry. Since we discussed and Mason mentions below, the apparent difficulty in finding en enforceable language to use, even if in Canada and the US, there have been court rulings, I offered on our Council meeting call yesterday to take a preliminary stab at some language as I do think that wording is needed, and one option is certainly to do so in the RAA to cover all ICANN accredited registrars and all resellers. So here it is, inspired from the Fake Renewal Notices DT recommendations to GNSO: > > "Registrar shall not and shall ensure that its resellers will not, in trade or commerce in connection with domain name registration, transfer, renewal or otherwise, engage in conduct that is fraudulent, deliberately misleading or deceptive or is likely to defraud, mislead or deceive. In addition, if a Registrar or Reseller is found to be in violation of a court order or regulatory cease and desist order concerning such behaviour then ICANN [can/will] revoke the said registrar's accreditation” > > Hoping helpful within the recommended next steps and useful in discussion with ICANN Compliance initially. > > Kind regards > > David > > Dr. David Taylor > Partner > Hogan Lovells (Paris) LLP > 6 avenue Kléber > 75116 Paris > Tel: > +33 1 53 67 47 47 > Fax: > +33 1 53 67 47 48 > Email: > david.taylor(a)hoganlovells.com > > www.hoganlovells.com > > > From: owner-council(a)gnso.icann.org [mailto:owner-council@gnso.icann.org] On Behalf Of Stéphane Van Gelder > Sent: 11 September 2012 19:01 > To: Mason Cole > Cc: council(a)gnso.icann.org List > Subject: Re: [council] Fake renewal notices > > Thanks Mason. > > Councillors, we will be discussing this on Thursday. > > Stéphane Van Gelder > Directeur Général / General manager > INDOM NetNames France > ---------------- > Registry Relations and Strategy Director > NetNames > T: +33 (0)1 48 01 83 51 > F: +22 (0)1 48 01 83 61 > > > Le 11 sept. 2012 à 18:52, Mason Cole a écrit : > > > Councilors -- > > You recall we discussed the issue of fake renewal notices in our July meeting and deliberated possible ways to address the problem. I volunteered to discuss this with the RrSG and return to the council with the registrars' thoughts before deciding how to proceed. > > Forgive the length of this email, but I want to be sure all the issues are on the table. As is often the case, regrettably, a seemingly simple issue is not so simple as you peel back the layers. Also, registrars must take care in discussions about competitive activity and particular competitors so as not to violate antitrust protections. > > The problem > Certain providers send what appear to be renewal notices but are in fact disguised requests to transfer a name from one registrar to another. Unsuspecting customers of ours who don't carefully read the communication wind up moving their names from the original registrar to the one sending the communication. Customers must then deal with a new entity they likely didn't consciously choose. > > Working group options > As Mikey O'Connor and his WG informed us in Costa Rica, the WG looked at a number of options for addressing the issue. This included launching a full PDP, attaching the issue to an existing PDP, crafting an amendment to the RAA, and reporting the offending entities to authorities in relevant jurisdictions. > > History > There's a link in the DT's report to the council describing activity various authorities have undertaken to address the practice, particularly in the US and Canada. I recommend review of this section to understand what's happened to this point. This includes action from governments and the courts. > > Why does the problem yet persist? As one of our members put it, every time there's a legal ruling, some of the craftiest attorneys around carefully write language in the renewal notices that work around new legal requirements. It may also be the case that regulatory authorities are not aware of the ongoing violations, or that they don’t have effective jurisdiction over the perpetrators. > > PDP issue > The registrars recognize the attractiveness of addressing the situation via PDP (it's perceived as an "easy" issue that could be acted on quickly to demonstrate council responsiveness and agility). However, we should proceed with care for the following reasons: > > 1. Drafting policy language that limits certain activity could inadvertently restrain marketing efforts (unattractive and deceptive as they may be in this instance -- and be clear, the RrSG is not defending it). As has been repeatedly pointed out, the registrar marketplace is very competitive and almost all of us work in good faith to attract business in various ways. ICANN cannot make judgment calls on what is good and bad "copy," so prohibiting or proscribing certain language very easily spills into regulation of speech. The council is not a regulator of speech, and this is a very slippery slope. > > 2. It doesn't in fact appear to be an "easy" issue that could be quickly resolved, unfortunately. The RrSG is mindful of the politics of the situation; however, while politics may be important, more important is making sure efforts are effective. If they are not effective, the politics will be worse later, and we'll still have the problem behavior. Effective, in this context, means something compliance could enforce with its limited budget and manpower. > > Issues with the RAA > There have beens suggestions to just write a line or two into the RAA to prohibit this activity. The RrSG's observation is that if legal language meant to prohibit activity were so easy, the problem would have been cleared up long ago, by contracts, courts and/or consumer protection agencies. > > Addressing the behavior through the RAA may eventually be useful. Again, however, language must be effective -- if authorities in Canada and the US, with court rulings behind them, are still unable to find enforceable language to use, that's a signal that ICANN would need to take extreme care in attempting the same so the offender's lawyers don't continue to "write around" the issue. > > Next steps > The RrSG is interested in finding the most effective way to handle this issue, which harms consumers and law abiding registrars. While it deplores this type of behavior, the RrSG believes that we should be cautious about putting ICANN in the role of law enforcement via the registry and registrar agreements, particularly when evidence suggests that enforcement is tricky. In particular, creating a contractual obligation that is difficult for ICANN to enforce will only subject ICANN to more criticism about its compliance program without actually changing the behavior. From here, we recommend the following steps: > > 1. Discuss the issue with ICANN Compliance to make SG and GNSO concerns known, as previous legal actions may impact renewal of offenders' accreditation agreements. > 2. Communicate to jurisdictional authorities as a SG to make our concerns known and to assess renewed enforcement – especially authorities like the FTC and the Canadian consumer agency that have already brought cases and may have stronger enforcement tools (e.g., civil penalties for violations of settlement agreements, etc.) that can be used. In particular, it may make sense to schedule a discussion with interested consumer protection authorities in Toronto. > 3. Report findings to the GNSO Council. > 4. Investigate whether or not enforceable contract language can be crafted, and the extent to which it could be equally or more effective than enforcement actions to date. For example, rather than requiring ICANN to make a determination about the behavior, a contractual provision that says accreditation can be revoked where a registrar has been found to be in violation of a court order or regulatory cease and desist order. > > The registrars would welcome the renewal notice WG's ongoing participation in these efforts, of course. > > I look forward to the discussion of this matter on our call Thursday. > > Mason >

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RE: [council] Re: Update from The New gTLD Program Committee on the Red Cross/Red Crescent and IOC Issues
by john＠crediblecontext.com Sept. 15, 2012

Sept. 15, 2012

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Re: Update from The New gTLD Program Committee on the Red Cross/Red Crescent and IOC Issues
by Stéphane Van Gelder Sept. 15, 2012

Sept. 15, 2012

Thanks Cherine, I am copying the Council for their information. Best, Stéphane Van Gelder Directeur Général / General manager INDOM NetNames France ---------------- Registry Relations and Strategy Director NetNames T: +33 (0)1 48 01 83 51 F: +22 (0)1 48 01 83 61 Le 14 sept. 2012 à 21:32, Cherine Chalaby a écrit : > Dear Stéphane, > I wanted to reach out to you and the GNSO Council to let you know about an issue of interest to the GNSO that the New gTLD Program Committee addressed this week: the protection of Red Cross/Red Crescent and IOC names. The Committee passed a resolution yesterday requesting that the GNSO consider a proposed solution for the first round to protect at the second level the names of Red Cross/Red Crescent and IOC, consistent with the GAC advice to the Board. > We have been apprised of, and appreciate, the significant work currently underway by the GNSO’s IOC/RC Drafting Team, and the potential PDP under consideration. We crafted the resolution in a way that recognises that GNSO work is ongoing. The resolution and the rationale will be posted next Monday. > The Committee adopted this resolution now, rather than wait until Toronto, to provide sufficient time for the GNSO to develop its views on this request taking into account the timeline for the first round. It is important that this issue is resolved early next year so that additional protections, if they are adopted, are in place for the first round. As a result, the Committee is seeking the GNSO’s response by January 31, 2013. > We look forward to receiving the GNSO's response and are available to discuss this issue in further detail in Toronto. > Sincerely, > Cherine Chalaby

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Fwd: Proposed change in seating dates for SO and ALAC appointees to the ICANN board
by Stéphane Van Gelder Sept. 15, 2012

Sept. 15, 2012

Councillors, FYI. Stéphane Van Gelder Directeur Général / General manager INDOM NetNames France ---------------- Registry Relations and Strategy Director NetNames T: +33 (0)1 48 01 83 51 F: +22 (0)1 48 01 83 61 Début du message réexpédié : > De : Steve Crocker <Steve(a)shinkuro.com> > Objet : Proposed change in seating dates for SO and ALAC appointees to the ICANN board > Date : 15 septembre 2012 02:01:24 HAEC > À : Olivier Crepin-LeBlond <ocl(a)gih.com>, Stéphane Van Gelder <stephane.vangelder(a)indom.com>, Lesley Cowley <lesley(a)nominet.org.uk>, Louis Lee <louie(a)louie.net> > Cc : Steve Crocker <Steve(a)shinkuro.com>, Samantha Eisner <Samantha.Eisner(a)icann.org>, Diane Schroeder <diane.schroeder(a)icann.org>, Raymond Plzak <plzakr(a)gmail.com>, Michael Silber <mike.silber(a)icann.org>, Bruce Tonkin <Bruce.Tonkin(a)melbourneit.com.au>, Kuo Wu <kuoweiwu(a)gmail.com>, Chris Disspain <ceo(a)auda.org.au>, Sébastien Bachollet <sebastien(a)bachollet.com> > > Olivier, Stéphane, Lesley and Louis, > > I want to bring to your attention a proposal to change the seating of SO and ALAC appointees to the ICANN board to be deferred until the Annual General Meeting. The purpose is make changes to the board just once a year instead of the present system which usually causes changes twice a year. The departures of SO and ALAC appointees in mid-year sometimes causes difficulty in key leadership positions within the board and adds complication to the membership and functioning of the board committees. > > As you're probably aware, the reason for the present scheme was to provide the Nomcomm with information about the SO -- and now ALAC -- appointees so the Nomcomm could properly implement the required geographic balance of at least one and no more than five from any region. > > Our proposed change asks that your organizations continue to select your appointees on the same schedule so the Nomcomm would continue to have that information, but the actual seating of the board members selected from your organizations would be at the same time as the Nomcomm selectees. This will result in five selections each year, two or three from the SOs and ALAC and three or two from the Nomcomm. > > A proposed change to the bylaws was developed by the Board Governance Committee and sent to the full board for action. Yesterday, the board passed a resolution to post this proposed change and begin the public comment process. The resolution is posted at http://www.icann.org/en/groups/board/documents/resolutions-13sep12-en.htm#1… and the public comment should open by Monday at the latest. I am sending you this note to make sure you are informed directly and to open the door for direct communication. To see how this change affects the people currently appointed, please see the table below. > > > NomCom Term Begin > SO/AC Selection/Seating* > AGM 2012 > 3 (George, Gonzalo, Olga) > 2 (Ray, Mike) > AGM 2013 > 3 (Erika, Cherine, Bertrand) > 2 (Bruce, Kuo) > AGM 2014 > 2 (Steve, Judith) > 3 (Chris, Sébastien, Bill) > > * The SO/AC Seating identified currently occurs earlier in the same year of the AGM identified. For example, Ray and Mike were re-seated in June 2012. Under the proposed revision, their terms will end with the conclusion of the 2015 AGM instead of a few months earlier. > > This change is one of a series of improvements in the board's processes that I have been working to improve the board's efficiency and effectiveness. I hope you will find it acceptable. Please feel free to share this note with your constituencies, colleagues, etc., and, of course, please do raise any issues or make any suggestions that come to mind. > > Thanks, > > Steve >

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Resolutions from Board meeting 13 Sept 2012 in Los Angeles
by Bruce Tonkin Sept. 14, 2012

Sept. 14, 2012

Hello All, See the resolutions from the ICANN Board meeting held in Los Angeles yesterday below. Key items were: - proposed bylaw change to align the terms of the supporting organization seats on the Board to the AGM. The supporting organizations will need to select their Directors 6 months before the AGM. E.g. AGM in November 2013, the selection for Board seat #13 will need to be made by May 2013. - action items related to work on root scaling resulting from SSAC advice - compensation of $5,000 for George Sadowsky's role as chair of the CEO search committee - formal appointment of Fadi Chehadé as CEO effective today - salary increase for the CFO Regards, Bruce Tonkin From: http://www.icann.org/en/groups/board/documents/resolutions-13sep12-en.htm 13 September 2012 1. Consent Agenda: Resolved, the following resolutions in this Consent Agenda are approved: a. Approval of Board Meeting Minutes Resolved (2012.09.13.01), the Board approves the minutes of the 28 August 2012 ICANN Board Meeting. b. Security, Stability & Resiliency of the DNS Review Team Final Report Whereas, the Security, Stability & Resiliency of the DNS Review Team members volunteered their time over the last 19 months to develop their Final Report, as required by the Affirmation of Commitments; Whereas the SSR Review Team submitted their Final Report to the Board and it was posted for public comment for two months; Resolved (2012.09.13.02), the Board received the Final Report and thanks the members of the SSR Review Team for their time and commitment to improving the security, stability and resiliency of the DNS and ICANN's supporting activities, and for providing substantive Recommendations for the Board's consideration; Resolved (2012.09.13.03), the Board thanks the entities that provided public input on the Final Report, including the ALAC, GAC and Registry Stakeholder Group, and requests that the ASO, GNSO, ccNSO, RSSAC, and SSAC provide any input they have on the Report to the Board by 30 September 2012; Resolved (2012.09.13.04), the Board requests that the President and CEO instruct Staff to consider the public comments and community input, assess the Recommendations, evaluate the potential implementation paths for each Recommendation, and provide the Board with guidance and advice on the Report, including, where appropriate, potential implementation plans and budgets, by the ICANN Toronto meeting. c. Response to SSAC Letter of 2 July 2012 Whereas, on July 2, 2012, the ICANN Board received a letter from Patrik Fältström, Chairman of the ICANN Security and Stability Advisory Committee, http://www.icann.org/en/news/correspondence/faltstrom-to-icann-board-02jul1… , providing an update of the SSAC's views on the status of the new gTLD process. Whereas, the Board seeks to respond to the recommendations set forth in the letter. Resolved (2012.09.13.05), the Board thanks SSAC for its advice of 2 July 2012. Resolved (2012.09.13.06), with respect to the individual recommendations: ■ Recommendation (1), the Board requests the CEO direct staff to work with the root server operators via RSSAC to complete the documentation of the interactions between ICANN and the root server operators with respect to root zone scaling. ■ Recommendation (2), the Board recommends the CEO to direct staff to work with NTIA and Verisign to explore publication of one or more statements regarding preparation for the proposed changes. ■ Recommendation (3), the Board recommends the CEO to direct staff to publish current estimates of the expected growth rates of TLDs. The Board recognizes there is currently re-examination of the process for evaluating gTLD applications, particularly including whether to use multiple or a single batch, and with the completion of the application submission process there is now much more specific information on the number and other characteristics of applications to process. Accordingly, the Board suggests the publication of the expected growth rates of TLDs be coordinated with the re-examination. ■ Recommendation (4), the Board hereby formally asks RSSAC for its advice on this topic and an update on plans to satisfy this recommendation. The Board also asks the CEO whether there are other parties who should be consulted, and to ask such parties to participate. ■ Recommendation (5), the Board hereby formally requests SSAC for its advice on how interdisciplinary studies of security and stability implications from expanding the root zone more than an order of magnitude should be carried out and whom else should be consulted, and tasks staff with formulating and executing one or more studies, as needed. d. Alignment of Board Terms Whereas, there are currently two induction periods to the ICANN Board each year, one at or around the Mid-Year Meeting for members appointed by the Supporting Organizations and the At-Large Community, and the other at the conclusion of the Annual General Meeting for members selected by the Nominating Committee. Whereas, the ICANN Board has long considered the coordination of Board member term transition as an issue of Board efficiency and effectiveness. Whereas, the Board Governance Committee (BGC) considered how Board terms could be aligned to allow all Board members selected in any year to begin their terms at the same time, while still preserving the ability for the Nominating Committee to consider the geographic diversity of the Board. Whereas, proposed revisions to the ICANN Bylaws have been drafted to achieve alignment of Board term transitions while preserving the ability for the Nominating Committee to consider the geographic diversity of the Board. Whereas, the Board encourages the Supporting Organizations and At-Large Community to consider how the timing of their selection processes may need to be modified to meet the proposed Bylaws revisions to align Board terms. Resolved (2012.09.13.07), the Board directs the President and CEO to have the proposed Bylaws revisions posted for public comment for an initial comment period of no less than 30 days and any reply period, if applicable, for no less than 21 days. 2. Main Agenda: a. Criteria for Determining Chair Compensation for Non-Standing Board Committees Whereas, ICANN is a nonprofit California public benefit corporation that is exempt from Federal income tax under §501(a) of the Internal Revenue Code of 1986, as amended (the "Code") as an organization described in §501(c)(3) of the Code. Whereas, ICANN may not pay directors more than Reasonable Compensation as determined under the standards set forth in §53.4958-4(b) of the regulations issued under §4958 of the Code (the "Regulations"). Whereas, ICANN has taken all steps necessary, and to the extent possible, to establish a presumption of reasonableness in the level of voting Board member compensation as approved on 8 December 2011, including additional retainers for voting directors that serve as chairs of Board committees. Whereas, the Board previously approved the recommendation from the Independent Valuation Expert (as that term is defined in §53.4958-1(d)(4)(iii)(C) of the IRS Regulations), made in its Report or Reasoned Written Opinion, (as that term is defined in §53.4958-1(d)(4)(iii)(C) of the Regulations), that it is reasonable to "[i]ntroduce annual cash retainer of $35,000 for outside directors and maintain the $75,000 for Chairman of the Board" and "[a]n additional $5,000 annual retainer would be provided for committee chair (except the Chairman of the Board)." (Resolution 2011.12.08.11.) Whereas, the Board agrees that there are certain non-standing committees of the Board for which it is reasonable to offer a voting director of the Board the additional $5,000.00 annual remuneration for service as chair, as contemplated within the recommendation of the Independent Valuation Expert. Resolved (2012.09.13.08), the Board approves that at least the following criteria be applied in the consideration of whether it is reasonable to offer a voting director an additional US $5,000.00 annual remuneration for service as chair of a non-standing committee of the Board: ■ At the time of establishment of the non-standing committee, the work of the committee is expected to last longer than six months; based upon the expected duration of the committee, consideration should be given to the propriety of offering a pro-rata or full annual remuneration to reflect the expected length of service. ■ At the time of establishment of the non-standing committee, the Chair is anticipated to devote a significant amount of time over the duration of the committee. ■ The committee is expected to experience periods of extremely heavy workload at times throughout the duration of the committee. ■ These criteria shall be evaluated, and a recommendation made on the offering of a $5,000.00 additional annual remuneration to the Chair, at the time of the establishment of the non-standing committee. ■ The limitations on this additional retainer, as set forth in Resolutions 2011.12.08.16 and 2011.12.08.17, remain in force. Resolved (2012.09.13.09), the Board approves the offering of a US$5,000.00 additional remuneration for 2012 to George Sadowsky for his service as Chair of the CEO Search Process Management Work Committee. b. Redelegation of the .MO domain representing Macao to the Bureau of Telecommunications Regulation (DSRT) Whereas, MO is the ISO 3166-1 two-letter country-code designated for Macao; Whereas, ICANN has received a request for the redelegation of .MO to the Bureau of Telecommunications Regulation (DSRT); 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. Resolved (2012.09.13.10), the proposed redelegation of the .MO domain to the Bureau of Telecommunications Regulation (DSRT) is approved. c. Election of Fadi Chehadé as President and Chief Executive Officer, effective 14 September 2012 Whereas, on 31 May 2012, the ICANN Board elected Fadi Chehadé as President and Chief Executive Officer, with a term to begin on 1 October 2012, to serve at the pleasure of the Board and in accordance with the Bylaws of the Corporation, and shall hold his office until his resignation, removal, or other disqualification from service, or until his successor shall be elected and qualified http://www.icann.org/en/groups/board/documents/resolutions-31may12-en.htm. Whereas, Fadi Chehadé's term was to begin on 1 October 2012 at 12:00 am PDT, and contingent upon the execution of an agreement based on terms that had been approved by the Board. Whereas, the Board appointed Akram Atallah, ICANN's current Chief Operating Officer as interim President and Chief Executive Officer for the period of 1 July 2012 through 30 September 2012 http://www.icann.org/en/groups/board/documents/resolutions-31may12-en.htm. Whereas, an agreement based on the terms that had been approved by the Board has been executed with Fadi Chehadé. Whereas, Fadi Chehadé's prior commitments have come to conclusion, and he is available to assume his role with ICANN earlier than anticipated. He will assume his duties as President and Chief Executive Officer on 14 September 2012 at 12:00am PDT. Whereas, pursuant to according to Article VI, Section 2.1.f. of the Bylaws http://www.icann.org/en/about/governance/bylaws#VI, the person serving as President and Chief Executive Officer Fadi Chehadé shall also serve ex-officio as a voting member of the Board when he assumes his position as President and Chief Executive Officer. Whereas, Akram Atallah will step down from his role as interim President and Chief Executive Officer on 13 September 2012 at 11:59 pm PDT, while continuing in his role as ICANN's Chief Operating Officer. Resolved (2012.09.13.11), Akram Atallah's service as Interim President and Chief Executive Officer will conclude on 13 September 2012 at 11:59 pm PDT. The Board thanks Akram Atallah for his service as interim President and Chief Executive Officer from 1 July 2012 through 13 September 2012, and affirms that Akram Atallah continues as ICANN's Chief Operating Officer. Resolved (2012.09.13.12), effective 14 September 2012 at 12:00 am PDT, Fadi Chehadé is elected as President and Chief Executive Officer, to serve at the pleasure of the Board and in accordance with the Bylaws of the Corporation, and shall hold his office until his resignation, removal, or other disqualification from service, or until his successor shall be elected and qualified. Resolved (2012.09.13.13), effective 14 September 2012 at 12:00 am PDT, Fadi Chehadé is hereby appointed as a member of the New gTLD Program Committee. Resolved (2012.09.13.14), the deferral of strategic objectives related to the expansion of ICANN's international presence and engagement in the 2012-2015 Strategic Plan is lifted. Rationale for Resolutions 2012.09.13.11 – 2012.09.13.14 3. Executive Session a. Officer Compensation Whereas, the retention of high calibre staff is essential to ICANN's operations and ICANN desires to ensure competitive compensation for staff. Whereas; Xavier Calvez is considered critical to the successful continuity of the organization, including key projects that are currently underway. Whereas, independent market data provided by outside compensation consultants indicates that current compensation for Xavier Calvez, ICANN's Chief Financial Officer, is below ICANN's target of the 50th to 75th percentile based on market data supplied by ICANN's compensation consultants. Whereas, the Compensation Committee and the full Board have confirmed that they are not conflicted with respect to the Chief Financial Officer's compensation package. RESOLVED (2012.09.13.15), the Board authorizes the CEO to make compensation adjustments for this compensation year (effective 1 September 2012) for Xavier Calvez, Chief Financial Officer in accordance with the independent study on comparable compensation received, subject to a limitation that his annual base salary shall not increase by more than 15% per annum from its current rate for this year.

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ICANN Launches Accountability Structures Expert Panel, Seeks Community Input
by Glen de Saint Géry Sept. 14, 2012

Sept. 14, 2012

http://www.icann.org/en/news/announcements/announcement-11sep12-en.htm ICANN Launches Accountability Structures Expert Panel, Seeks Community Input 11 September 2012 In fulfillment of ATRT Recommendations 23 and 25, calling for a review of ICANN's Accountability Structures, ICANN has identified an international panel of experts to serve on the Accountability Structures Expert Panel (ASEP). Biographies of the experts are available at http://www.icann.org/en/news/in-focus/accountability/asep. The ASEP is interested in hearing from the ICANN community regarding your thoughts on ICANN's accountability structures, particularly the Reconsideration process and the Independent Review process, and whether they can or should be modified. Your comments and inputs can be submitted to ASEP(a)ICANN.org<mailto:ASEP@ICANN.org> and comments can be viewed at http://forum.icann.org/lists/asep/. Please provide your input by 1 October 2012. The ASEP will be posting updates regarding its work, with a detailed project plan expected by mid-September. All information regarding the ASEP will be accessible from the ASEP page at http://www.icann.org/en/news/in-focus/accountability/asep. Glen de Saint Géry GNSO Secretariat gnso.secretariat(a)gnso.icann.org<mailto:gnso.secretariat@gnso.icann.org> http://gnso.icann.org

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New ICANN CEO is Out of the Blocks with Ambitious Operational Plans
by Glen de Saint Géry Sept. 14, 2012

Sept. 14, 2012

http://www.icann.org/en/news/announcements/announcement-14sep12-en.htm New ICANN CEO is Out of the Blocks with Ambitious Operational Plans Fadi Chehadé Assumes Top Spot Two Weeks Early 14 September 2012 Los Angeles, California... Fadi Chehadé today officially assumed the position of President and Chief Executive Officer of the Internet Corporation for Assigned Names and Numbers (ICANN). He assumed his position two weeks ahead of his planned start date. Chehadé's appointment as CEO had been announced on 22 June, though he was not expected to assume his role until 1 October. Chief Operating Officer (COO) Akram Atallah had been serving as the interim CEO and will now reassume his role as COO. Today Chehadé thanked Atallah for assuming the top spot during the summer and then, during a staff meeting, he explained his plans for the future. "I have spent the past two months asking myself and many others from all over the Internet community worldwide the same questions," said Chehadé. "How can ICANN work better with its stakeholders to bring all interested parties to the table to debate and agree how to improve the DNS? How can we ensure that all global citizens can share an open Internet which is sustainable and resilient?" Chehade's strategy puts ICANN's stakeholders at its heart. The organization's staff will be brought together in collaborative teams organized in a global matrix that distributes key functions and leaders across the world to accelerate effective engagement. Chehadé's leadership team combines deep ICANN experience with fresh perspectives from international executives. Among the changes he announced today: * Akram Atallah's role will be expanded to include oversight of Registry and Registrar Services, the new generic Top-Level Domain (gTLD) program, Security and other important activities. * Tarek Kamel, Senior Advisor to the President of ICANN, who currently leads the development of an Africa strategy, will assume the role of Senior Advisor for Government Affairs, leading all aspects of Government Engagement. * Sally Costerton, most recently CEO of Hill & Knowlton Public Relations for Europe, the Middle East and Asia has been tapped to lead the new position of Stakeholder Engagement, a role that will incorporate the communications function. Both Costerton and Kamel will be based in ICANN's European region and will report directly to the CEO. Their goal is to strengthen ICANN's international engagement at all levels, and to implement the global matrix alongside ICANN's regional vice presidents. Chehadé said his other direct reports would include: * Kurt Pritz, Senior Vice President, who will take on a new role as Chief of Strategy. * John Jeffrey, General Counsel and Secretary of the ICANN Board, who will continue in that role. * David Olive, Vice President of Policy, who will also continue in his current role. In a further organizational development, Chehadé announced that Maguy Serad, Senior Director of Contractual Compliance will be promoted to Vice President of Contractual Compliance, with her department reporting directly to the CEO. "I've spent the summer putting the right team in place - looking deep within ICANN and beyond to find the best mix of talents to help me to fulfill ICANN's mission," said Chehadé. "Frankly I am impressed and humbled by what these diverse leaders bring to the table. I've been fortunate to have great support from the ICANN Board as well as the staff and I know that we will be able to build upon the organization's many achievements." "The Board has consulted extensively with Fadi through the past couple of months and has spent this week in session with him and his leadership team reviewing his plans," said Dr. Stephen Crocker, ICANN Board Chair. "We are very supportive and will do everything we can to help the ICANN team deliver successfully. " Glen de Saint Géry GNSO Secretariat gnso.secretariat(a)gnso.icann.org<mailto:gnso.secretariat@gnso.icann.org> http://gnso.icann.org

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