Hello All,

The Preliminary Report - Resolutions of Special Board Meeting - 21 May 2009 is posted at: http://www.icann.org/en/minutes/prelim-report-21may09.htm

Below is the full text. Key issues relevant to the GNSO were: - approval of Czech Arbitration Court method of electronic filings for UDRP - approval of the Registrar Accreditation Agreement amendments (I abstained on this motion) (note the Board also directed staff to explore and implement incentives to encourage early adoption by registrars of the new form RAA.) - approval of a Phased Allocation Process for Single & Two-Character Domain Names in .BIZ - approval of Phased Equitable Re-allocation Process for 1,400 Non-Compliant Sunrise Names in .info - approval of Nairobi, Kenya as the location for ICANN’s March 2010 Meeting - the Board directs the Structural Improvements Committee and ICANN Staff to make the necessary changes to the Stakeholder Group charters to make them consistent with the Board’s GNSO Improvements Report and related Resolutions, and to post the revised charters, and an explanatory memorandum, for GNSO consultation and public comment later this month; The Board will consider any comments and the Stakeholder Group charters for Board action at the ICANN Sydney meeting in June 2009. - documents for the GAC to consider must e available 15 working days prior to the Sydney meeting, and all other documents 10 working days - staff were directed to develop a plan to assess the suitability for use and best practices for remote participation tools, technologies and approaches in an effort to enable the community to enable greater participation - regarding DNSSEC - Staff reported that it is continuing discussions with the U.S. Department of Commerce regarding management of the signing keys. Regards, Bruce Tonkin Preliminary Report Resolutions of Special Board Meeting 21 May 2009 [Formal Minutes are still to be approved by the ICANN Board] This is a preliminary report of the approved resolutions resulting from the Special Meeting of the ICANN Board of Directors, which took place on 21 May 2009 This has not been approved by the Board and does not constitute minutes but a preliminary attempt to capture the resolutions from that meeting. Details on voting and abstentions will be provided in the Board's Minutes. A. Consent Agenda ================= ================= 1. Approval of Minutes – 23 April 2009 ====================================== Resolved (2009-05-21-01), the Board hereby approves the minutes of the 23 February 2009 Board Meetings. 2. Approval of Structural Improvements Committee’s Recommendation regarding the ccNSO Review Terms of Reference =================================================================================== Whereas Article IV of ICANN Bylaws, Section 4 foresees that ‘The Board shall cause a periodic review (…) of the performance and operation of each Supporting Organization, each Supporting Organization Council, each Advisory Committee (other than the Governmental Advisory Committee), and the Nominating Committee by an entity or entities independent of the organization under review’; Whereas the Structural Improvements Committee has the duty to oversee ICANN’s organizational review processes through the engagement of external reviewers; Whereas the Structural Improvements Committee has reviewed and approved the Terms of Reference and Instructions to Bidders for the first review of the ccNSO; Whereas the Structural Improvements Committee has approved a motion requesting the ICANN Board to post the Terms of Reference for the first review of ccNSO for public comments; It is hereby resolved (2009-05-21-02) that the Terms of Reference for the first review of ccNSO be posted for public comments. 3. Approval of the Finance Committee’s Recommendation regarding International Currency Exchange Management Policy ================================================================= Whereas, the Board Finance Committee has studied ICANN’s international currency risks and recommends that the Board adopt the policy. Resolved (2009-05-21-03), that the Board adopt the IC ANN International Currency Exchange Risk Management Policy. 4. Approval of the Czech Arbitration Court Pilot Project ======================================================== Whereas in January 2008 the Czech Arbitration Court (CAC) was authorized as an approved provider for dispute resolution services under the Uniform Domain Name Dispute Resolution Policy; Whereas in June 2008, the CAC proposed to test two services allowing for electronic filings and simplified service for the administration of UDRP proceedings before the CAC; Whereas ICANN posted the CAC’s proposal for piloted services for public comment and did not received any objection; Whereas the CAC’s pilot period expired on 12 April 2009 and no material problems were reported with CAC’s system; Whereas CAC wishes to implement the piloted services on a permanent basis in providing UDRP proceedings; and Whereas the piloted services do not require an amendment to the Rules governing UDRP proceedings. It is hereby resolved (2009-05-21-04) that the Board approves CAC’s request to implement its piloted electronic filing services on a going forward basis, including the: (1) simplified filing of signed hard copies; and (2) the use of the “electronic only” signature authentication process to allow for electronic signing and filing of documents, and corresponding hard-copy service by the CAC. 5. Approval of the Registrar Accreditation Agreement Amendments =============================================================== Whereas, the Board directed staff to conduct a process to produce a set of amendments or alternative version of the Registrar Accreditation Agreement (RAA) intended to address to the extent feasible the concerns raised by the Internet community; Whereas the community has participated in extensive dialogue on these amendments; Whereas the ALAC and the GNSO have expressed their support for this set of amendments for immediate adoption and the GNSO is undertaking an additional review of the RAA; It is resolved (2009-05-21-05) the Board establishes as the new form Registrar Accreditation Agreement an agreement that incorporates the amendments supported by the GNSO in its resolution of 4 March 2009 as well as any previously adopted Consensus Policies that specifically amended the RAA. It is resolved (2009-05-21-06) the Board directs staff to explore and implement incentives to encourage early adoption by registrars of the new form RAA. Resolutions 2009-05-21-01; 2009-05-21-02; 2009-05-21-03; 2009-05-21-04; 2009-05-21-05; and 2009-05-21-06 were approved in a single vote approving the consent agenda items. All Board Members present unanimously approved this resolution. B. Regular Agenda ================= ================= 1. Approval of Charter of Community-Wide Working Group to Review The Structure of ICANN’s Present Geographic Regions ============================================================= Board discussed a draft charter on the Community-Wide Working Group and noted that ICANN’s Address Supporting Organization (ASO) and other invited members were not included in references to additional Working Group activities discussed in the charter. Staff was directed to modify the document to add language reflecting more inclusion of all invited members and resubmit it for consideration between meetings. 2. Approval of Phased Allocation Process for Single & Two-Character Domain Names in .BIZ, including proposed Contract Amendment ============================================================== Staff provided the Board with an update on information requested at the prior Board meeting regarding the proposed contractual amendment. The Board then took the following action: Whereas, NeuStar has submitted a request pursuant to ICANN’s Registry Services Evaluation Policy to amend the .BIZ Registry Agreement to permit a phased allocation program for single and two-character domain names. Whereas, the proposed release of single and two-character domain names in .BIZ would be consistent with the recommendations of the GNSO Reserved Names Working Group and other approvals to permit the release of single and two-character domain names. Whereas, ICANN has evaluated the proposed amendments to the .BIZ 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/). Whereas, the amendment grants a limited exception to price caps for the RFP or auction of single and two-character domain names in .BIZ. It is hereby resolved (2009-05-21-07) that the .BIZ amendments are approved, and the President and General Counsel are authorized to take such actions as appropriate to implement the amendments. All Board Members present unanimously approved this resolution. 3. Approval of Phased Equitable Re-allocation Process for Non-Compliant Sunrise Names in dot-info, Including Proposed Contract Amendment ====================================================== Whereas, Afilias has submitted a request pursuant to ICANN’s Registry Services Evaluation Policy to amend the dot-info Registry Agreement to permit a phased equitable re-allocation program for approximately 1,400 dot-info domain names determined by WIPO to have been obtained in conflict with the dot-info Sunrise Rules. Whereas, ICANN has evaluated the proposed amendments to the dot-info 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/). Whereas, the amendments grant a limited exception to price caps for Afilias to reallocate names in the non-compliant group via RFP or auction mechanisms. It is hereby resolved (2009-05-21-08) that the dot-info amendments are approved, and the President and General Counsel are authorized to take such actions as appropriate to implement the amendments. All Board members present unanimously approved this resolution. 4. Approval of Location and Budget of Africa Meeting 2010 ========================================================== Whereas, ICANN intends to hold its first meeting for 2010 in the Africa region as per its policy; Whereas the Kenya Network Information Center (KENIC) has agreed to assist as host; Whereas, the Board finance committee will review and is expected to approve the budget as proposed in this paper at the 15 May meeting; The Board agrees that Nairobi, Kenya be the location for ICANN’s March 2010 Meeting. It is hereby resolved (2009-05-21-09) that the Board accepts the proposal to Host the Meeting in Nairobi, Kenya with a budget not to exceed US$2.235M. It is hereby resolved (2009-05-21-10) that the Board adopts the budget for the Africa Meeting 2010 as approved at the 15 May 2009 meeting of the Board Finance Committee. All Board members present unanimously approved of these resolutions. The Board directed Staff to continue to negotiate to get the best value for all aspects of the Africa Meeting. 5. Approval of Recommendation of Structural Improvements Committee regarding Modification to Bylaws regarding Organization Reviews ================================================ The Board discussed the need for further clarification of the Structural Improvements Committee’s recommendations to clarify recommendations related to the length of the review cycle and the creation of objective criteria from which to initiate the timing of a review cycle. The Board directed the Structural Improvements Committee to take this issue back for further committee discussions prior to seeking Board approval for posting for public comment. 6. Approval of Recommendation of Structural Improvements Committee regarding Systemization of Organizational Review Processes ====================================================== The Board discussed the Structural Improvements Committtee’s recommendation to post for public comment the materials relating to the systemization of ICANN’s Organizational Review Process. The Board adopted the following resolution: Whereas Article IV of ICANN Bylaws, Section 4 calls for periodic reviews of the key structures of ICANN; Whereas the Structural Improvements Committee has the duty of “[r]eviewing, and suggesting changes as warranted to, ICANN’s policies and processes governing organizational review”; Whereas the Structural Improvements Committee, based on lessons learned during the present phase of the first cycle of organizational reviews of key structures of ICANN, has reviewed the present organizational review processes and considers that these processes can be modified in order to achieve greater effectiveness and efficiency while increasing ICANN’s accountability and transparency.; Whereas the Structural Improvements Committee approved the attached paper titled ”Proposals for the Systematization of ICANN’s Organizational Review Processes”; Whereas the Structural Improvements Committee has approved requesting the ICANN Board to post the attached paper for public comments; It is hereby resolved (2009.11) that the paper titled “Proposals for the Systematization of ICANN’s Organizational Review Processes” be posted for public comments, subject final wordsmithing to be completed by Staff. All Board members present unanimously approved of this resolution. 7. Structural Improvements Committee Recommendations from Retreat – for discussion and possible action =========================================== 7 (a) Board Review Working Group Recommendations ================================================ The Board discussed the status of the report of the Board Review Working Group and received confirmation that it would be finalized in advance of the Sydney meeting. The Board acknowledges the substantial work and effort of the Structural Improvements Committee in working through the Board Review process. The Board adopted the following resolution: Whereas work of the Board review Working Group is progressing according to plans and a further version of its report for public presentation in Sydney is expected; Whereas the Board review Working Group has reached an agreement on the majority of the recommendations contained in the external reviewers’ Board Review report; It is hereby resolved (2009-05-21-12) that staff is instructed to post for public comments the Board review WG report as soon as available, in order to open the public comment period before Sydney where the report will be presented for discussion. All Board members present unanimously approved of this. 7 (b) GNSO Improvements - Action on Proposed Stakeholder Group Charters ===================================================================== Staff provided an update to the Board on the status of the proposed Stakeholder Group Charters, and the Board adopted the following resolution: Whereas, the Board established a four-phase timetable intended to seat the newly structured GNSO Council by the ICANN meeting in Sydney, Australia; Whereas, the Board acknowledges that the GNSO community has made an effort to comply with the timetable - including submission of proposed Stakeholder Group charters; Whereas, most of these charters require revisions to ensure equitable participation and representation by new constituencies; Resolved (2009-05-21-13), the Board directs the Structural Improvements Committee and ICANN Staff to make the necessary changes to the Stakeholder Group charters to make them consistent with the Board’s GNSO Improvements Report and related Resolutions, and to post the revised charters, and an explanatory memorandum, for GNSO consultation and public comment later this month; Resolved (2009-05-21-14) the Board will consider any comments and the Stakeholder Group charters for Board action at the ICANN Sydney meeting in June 2009. All Board members present unanimously approved of these resolutions. 7 (c) At Large Seat =================== The Board discussed the request of the Structural Improvements Committee to agree in principle with the proposal for the At Large Advisory Committee to select a voting member or members of the ICANN Board. The Board noted that while the Board is not opposed to the principle of having civil society given a voting voice on the Board, the Board is concerned about assuring that implementation could be achieved in a careful and systematic matter. The Board requests the Structural Improvements Committee to provide detailed scenarios and options for such implementation prior to formally agreeing to this principle and considering measures for implementation. The Board thanks the Structural Improvements Committee for its continuing work on the ALAC review. 8. Approval of Recommendations from Public Participation Committee regarding Meetings ====================================================== 8 (a) Document Deadlines ======================== Whereas the Board requested the Public Participation Committee to develop a plan for ensuring that all major meeting material be available at least two calendar weeks in advance of meetings, starting with Sydney; Whereas the Public Participation Committee has found that deadlines for the publication of input documents before ICANN's international public meetings need to be phased in over multiple meetings; Resolved (2009-05-21-15) that documents for consideration by the Governmental Advisory Committee shall be available 15 working days prior to the beginning of the Sydney meeting on 21 June 2009, and all other documents shall be available 10 working days prior to the beginning of the Sydney meeting. Resolved (2009-05-21-16) that the Public Participation Committee shall review the experiences gathered with this meeting, and propose an operational policy based on these experiences to the Board, to become effective for the Seoul International Meeting. All Board members present unanimously approved of these resolutions. 8 (b) Remote Participation ========================== Whereas the Public Participation Committee (PPC) Charter states that it should identify and encourage the development of effective tools, strategies, and methods for Public Participation activities; Whereas the PPC agrees with the Chairman’s publicly stated view that ICANN should become a world leader in remote participation; Whereas the PPC believes effective remote participation is essential to ICANN’s future and also represents significant future cost savings; It is hereby resolved (2009-05-21-17) that Staff be directed to develop a plan to assess the suitability for use and best practices for remote participation tools, technologies and approaches in an effort to enable the community to enable greater participation. Staff’s plan should include proposals regarding remote participation capabilities in developing countries. Staff is directed to provide the PPC with an Interim Report in four months reporting on initial implementation of remote participation tools, with a goal towards implementing suitable and feasible remote participation tools, technologies and approaches as early as practicable. All Board members present unanimously approved of this resolution. 9. Update on outcomes from Board Retreat including: =================================================== 9 (a) DNSSEC ============ Staff reported that it is continuing discussions with the U.S. Department of Commerce regarding management of the signing keys. 9 (b) IDNs ========== Staff reported that it has produced a paper on IDN ccTLD contributions that will be posted for public comment after the Board has an opportunity to review. The Board was directed to submit comments to Staff in a timely fashion to allow for posting in advance of the Sydney meeting. 10. Other Business ================== 10 (a) Draft contract for Senior President ========================================== The Board reported that the contract for the Senior President is under review for finalization. 10 (b) JPA Hearing ================== Staff reported that the House Energy and Commerce Subcommittee on Communications, Technology, and the Internet scheduled a hearing on the Joint Project Agreement and other ICANN related issues including new gTLDs on 4 June 2009 and invited Dr. Twomey to appear as a witness. Session Adjourned.