Preliminary Report Special Meeting of the Board 21 January 2002 (Posted 25 January 2002)

The ICANN Board of Directors held a meeting by teleconference on 21 January 2002. Directors Vint Cerf (chairman), Karl Auerbach, Rob Blokzijl, Ivan Moura Campos, Jonathan Cohen (joined while call in progress), Phil Davidson, Masanobu Katoh, Hans Kraaijenbrink, Sang-Hyon Kyong, Stuart Lynn, Andy Mueller-Maguhn, Jun Murai, Alejandro Pisanty, Nii Quaynor, Helmut Schink (joined while call in progress), and Linda S. Wilson participated. The Board adopted the following resolutions:

Approval of Minutes

(Approved 14-0)

Resolved [02.01] that the minutes of the meeting of the Board for 14 December 2001, are hereby approved and adopted by the Board as presented.

Reconsideration Requests

(The following resolutions approved 13-0-1, with Mr. Auerbach abstaining)

Resolved [02.02] that the Reconsideration Committee's Recommendation RC 01-4 is adopted for the reasons stated in that recommendation;

Further resolved [02.03] that the Board calls to the attention of the Names Council the issues raised in Reconsideration Request 01-4 submitted by Verio Inc.; and

Further resolved [02.04] that the Secretary is directed to forward to the Names Council these resolutions, the Verio request, and Recommendation RC 01-4.

(The following resolutions approved 15-0-1, with Mr. Schink abstaining)

Resolved [02.05] that the Reconsideration Committee's Recommendation RC 01-6 is adopted for the reasons stated in that recommendation; and

Further resolved [02.06] that the General Counsel is requested to provide a copy of Recommendation RC 01-6 to the Asian Domain Name Dispute Resolution Centre, CPR Institute for Dispute Resolution, the National Arbitration Forum, and the World Intellectual Property Organization.

(The following resolution approved 15-0-1, with Mr. Auerbach abstaining)

Resolved [02.07] that the Reconsideration Committee's Recommendation RC 01-7 is adopted for the reasons stated in that recommendation.

Relationships with Root Nameserver Operators

(The following resolution approved 14-1-1, with Mr. Mueller-Maguhn opposed and Mr. Schink abstaining)

Whereas, one of the steps necessary to progress in the ongoing transition to private-sector management, within the ICANN framework, of the domain-name system is entering into agreements between ICANN and the root-nameserver operators that formalize stable, secure, and professional operation of the root nameservers;

Whereas, in discussions with the individual root-nameserver operators participating on the Root Server System Advisory Committee (RSSAC) agreement has been reached on a model Memorandum of Understanding (MoU) that would, with variations to account for individual circumstances, achieve an apporopriate framework of commitments;

Whereas, the participation of the operators on the RSSAC brings to ICANN extremely valuable expert guidance on the coordination and operation of the root-nameserver system, and the model MoU secures for ICANN this valuable assistance;

Whereas, the model MOU has been presented to the Board and the President has recommended that the Board grant authority to enter into MoUs with the operator's organziations according to that model;

Whereas, moving forward with entering these MoUs is a necessary step to progress with the transition, which is one of ICANN's key purposes;

Whereas, the Board also finds that it is necessary and appropriate to authorize entry of the MoUs to acheive the ICANN's goals and purposes;

Resolved [02.08] the President is authorized to enter into MoUs with the organizations operating the root nameservers in substantially the form of the model MoU presented to the Board.