Approved Board Resolutions | Regular Meeting of the ICANN Board 28 October 2021

  1. Consent Agenda:
    1. Appointment of Root Server Operator Organization Representatives to the RSSAC
    2. Contract Approval, RC Transcriptions
  2. Main Agenda:
    1. FY23 Strategic Outlook Trends Report
    2. Acceptance of the Final Report on the Second Organizational Review of the ccNSO and Initiation of Bylaws Amendment Process
    3. Transfers to Reserve Fund and Supplemental Fund for Implementation of Community Recommendations
    4. Thank You to Nigel Roberts for his service to the ICANN Board
    5. Thank You to Merike Käo for her service to the ICANN Board
    6. Thank You to Lito Ibarra for his service to the ICANN Board
    7. Thank You to Ron da Silva for his service to the ICANN Board
    8. Thank you to Interpreters and Staff of ICANN72 Public Meeting
    9. Thank You to Community Members

 

  1. Consent Agenda:

    1. Appointment of Root Server Operator Organization Representatives to the RSSAC

      Whereas, the ICANN Bylaws call for the establishment of the Root Server System Advisory Committee (RSSAC) with the role to advise the ICANN community and ICANN Board of Directors on matters relating to the operation, administration, security, and integrity of the Internet's Root Server System.

      Whereas, the ICANN Bylaws call for the ICANN Board of Directors to appoint one RSSAC member from each root server operator organization, based on recommendations from the RSSAC Chair.

      Whereas, the RSSAC Chair has recommended to the ICANN Board of Directors the appointments of representatives from Internet Corporation for Assigned Names and Numbers (ICANN); Internet Systems Consortium; Netnod; and Verisign, Inc. to the RSSAC.

      Resolved (2021.10.28.01), the ICANN Board of Directors appoints Fred Baker, Matt Larson, Lars-Johan Liman, and Brad Verd to the RSSAC through 31 December 2024.

      Rationale for Resolution 2021.10.28.01

      In May 2013, the root server operator organizations agreed to an initial membership of representatives for the RSSAC, each nominating an individual. The ICANN Board of Directors approved the initial membership of the RSSAC in July 2013 with staggered terms. The current term for the representatives from Internet Corporation for Assigned Names and Numbers (ICANN); Internet Systems Consortium; Netnod; and Verisign, Inc. expires 31 December 2021.

      Today, the Board is taking action pursuant to Article 12, Section 12.2 (c)(ii) of the ICANN Bylaws to appoint members to the RSSAC.

      The appointment of RSSAC members is not anticipated to have any fiscal impact on the ICANN organization that has not already been accounted for in the budgeted resources necessary for ongoing support of the RSSAC.

      This resolution is an organizational administrative function for which no public comment is required. The appointment of RSSAC members contributes to the public interest and the commitment of the ICANN organization to strengthen the security, stability, and resiliency of the DNS, and therefore is also consistent with ICANN's Mission.

    2. Contract Approval, RC Transcriptions

      Whereas, ICANN has established a need to enter into a contract for transcription services supported by RC Transcriptions.

      Whereas, the Board Finance Committee has reviewed the financial implication of contracting with RC Transcriptions.

      Whereas, both the organization and the Board Finance Committee have recommended that the Board authorize the President and CEO, or his designee(s), to take all actions necessary to execute the contract with RC Transcriptions and to make all necessary disbursements pursuant to the contract.

      Resolved (2021.10.28.02) the Board authorizes the President and CEO, or his designee(s), to take all necessary actions to execute a contract with RC Transcriptions and to make all necessary disbursements pursuant to the contract.

      Resolved (2021.10.28.03), specific items within this resolution shall remain confidential for negotiation purposes pursuant to Article 3, section 3.5(b) of the ICANN Bylaws until the President and CEO determines that the confidential information may be released.

      Rationale for Resolutions 2021.10.28.02 – 2021.10.28.03

      RC Transcriptions has supported transcriptions of audio files recorded during teleconference calls as well as all sessions of ICANN meetings for over 10 years. The service has always been of the utmost quality. Throughout the years the vendor knowledge of ICANN org, from a linguistic perspective, has become of great value in order to ensure accuracy and consistency.

      Three years ago, ICANN organization moved all transcription projects for the GNSO from Verizon to RC Transcriptions for both cost savings as well as a faster and clearer process and flawless delivery turnaround.

      ICANN org did not conduct a formal Request for Proposal (RFP) and has chosen to stay with RC Transcriptions due to improved financial terms and a superior product compared with the other vendors. In addition, RC Transcriptions' familiarity with ICANN processes provides the best services for 6 UN Languages. To source another vendor would require additional staff support and expenses to familiarize a new vendor with ICANN's unique platform across SO/AC meetings and ICANN Public Meetings.

      [Redacted – Confidential Negotiation Information]

      After careful analysis, the Board agrees with the org that a contract with RC Transcriptions ensures seamless continuity of transcription services and is in the best interest of ICANN org.

      Executing the contract on favorable terms is in the public interest as it will continue ICANN org's transcription services provided to its community and therefore is also consistent with ICANN's Mission. There is no anticipated impact to the security, stability, and resiliency of the domain name system.

      This is an Organizational Administrative function that does not require public comment.

  2. Main Agenda:

    1. FY23 Strategic Outlook Trends Report

      Whereas, following community and ICANN organization inputs received between February and April 2021 on key trends anticipated to impact ICANN in the coming years, the Board conducted an analysis and concluded that the strategic objectives for ICANN, as reflected in the Strategic Plan for Fiscal Years 2021-2025, do not need to change.

      Whereas, on 22 October 2020, the Board formed a Strategic Planning Committee to, among other things, oversee the annual strategic outlook (trends) process to identify relevant trends and events that inform ICANN's strategic planning and prioritization efforts. This committee, as supported by ICANN org, played a central role in reviewing and analyzing the results of the trend work and the related opportunities, risks, and impacts on ICANN. The committee articulated this work into a set of proposed priority trends, related impacts, and associated strategic and/or tactical recommendations for consideration by the full Board.

      Whereas, members of the ICANN Board and ICANN org held a webinar with the community on 15 September 2021 to present the Strategic Outlook process and methods used to conduct the analysis.

      Resolved (2021.10.28.04), the Board affirms that the ICANN Strategic Plan for Fiscal Years 2021 to 2025, as approved on 23 June 2019, shall remain in force and unchanged, with no restatement of the Strategic Plan needed at this time.

      Resolved (2021.10.28.05), the Board recognizes that there may be future need to evolve the FY21-25 Strategic Plan, such as to address funding realities identified through the update of ICANN's five-year Operating and Financial Plan, or mid-course modifications during the life of the Strategic Plan. If change is needed, the Board will direct the ICANN org on the scope of further actions.

      Rationale for Resolutions 2021.010.28.04 – 2021.10.28.05

      On 23 June 2019, the Board adopted the ICANN Strategic Plan for Fiscal Years 2021 to 2025 and directed that as part of the on-going annual planning cycle with the community, new trends or shifts in existing trends be factored into the annual iteration of ICANN's plans as appropriate. These efforts are conducted under a process known as the Strategic Outlook trend identification process.

      The Strategic Outlook trend identification is an annual process, which ensures ICANN has a consistent way to: identify and track trends; prepare for opportunities; mitigate or avoid challenges; and inform strategic and operational planning and prioritization.

      It is a joint effort between ICANN organization, the community, and the ICANN Board to engage on emerging or evolving trends that affect ICANN. Trends indicate general directions in which things are developing or changing, that have or could have an impact on ICANN, its Mission, its operations, or its ecosystem. Trends can be internal or external, organization-specific, community-related, or go beyond ICANN's ecosystem as ICANN does not operate in a vacuum.

      ICANN org has found the exercise to be beneficial to help surface opportunities and challenges that lay ahead, inform planning, help with prioritization considerations, and risk management.

      Between February and April 2021, ICANN org convened 16 Strategic Outlook trends identification sessions with 300 participants from the community and the organization, resulting in 1,144 data points collected. Community sessions outputs have been published on the Strategic Planning page of the icann.org website.

      Between May and September 2021, the Board Strategic Planning Committee (SPC), as supported by ICANN org, conducted a thorough analysis of the trend session data inputs received, including assessing the trends, risks, opportunities, and potential impacts on ICANN. The details of this analysis and associated recommendations have been documented in the FY23 Strategic Outlook Trends Report document attached to this paper for reference.

      The SPC recommends keeping the ICANN Strategic Plan for Fiscal Years 2021 to 2025 unchanged, with no restatement of the Strategic Plan needed at this time.

      This resolution is not expected to have a fiscal impact on ICANN, though the changes anticipated to ICANN's Operating Plan might have an impact once approved. This action is expected to have a positive impact on the security, stability and resiliency of the domain name system (DNS) as it continues to support ICANN's strategic work in this area.

      This resolution serves ICANN's mission in ensuring a secure and stable operation of the Internet's unique identifier systems. The ICANN Strategic Plan for Fiscal Years 2021-2025 builds upon ICANN's mission so that it may continue to effectively fulfil its aims and meet new and continuously evolving challenges and opportunities.

      This resolution is in the public interest as the Strategic Plan guides ICANN's activities and informs ICANN's operating plans and budgets to fulfil its mission in fiscal years 2021 through 2025. The Strategic Plan serves the public interest by articulating the path towards a new vision to be a champion of the single, open, and globally interoperable Internet. The Strategic Plan complies with ICANN's commitments and is guided by ICANN's core values.

      This is an Organizational Administrative Function that has been subject to community consultation as noted above and is not requiring further public comment.

    2. Acceptance of the Final Report on the Second Organizational Review of the ccNSO and Initiation of Bylaws Amendment Process

      Whereas, the second Organizational Review of the Country Code Names Supporting Organization (ccNSO2 Review) commenced in March 2018, in accordance with Section 4.4 of the ICANN Bylaws.

      Whereas, the independent examiner that conducted the ccNSO2 Review produced an assessment report that was published for public consultation on 8 April 2019, a draft final report that was published for public comment on 17 June 2019 and a final report containing 14 findings and 15 recommendations that was published on 29 August 2019. The ICANN community provided input via consultation on the assessment report and public comment on the draft final report.

      Whereas, the ccNSO2 Review Working Party, serving as a liaison between the ccNSO, the independent examiner and the Organizational Effectiveness Committee of the ICANN Board (OEC), analyzed the independent examiner's recommendations for feasibility and usefulness, considered provisional budget implications, and anticipated resources to propose a prioritized implementation timeline in its Feasibility Assessment and Initial Implementation Plan (Feasibility Assessment). In its Feasibility Assessment, the ccNSO2 Review Working Party supports 13 of the 14 findings, and six of the 15 recommendations issued by the independent examiner. The ccNSO Council approved the Feasibility Assessment on 24 June 2020.

      Whereas, the OEC received briefings from the independent examiner on its final report and from the ccNSO2 Review Working Party on its Feasibility Assessment on 11 August 2020. The OEC also sought additional information and clarification from the ccNSO Council on elements of the Feasibility Assessment on 9 December 2020. The ccNSO Council provided the requested information to the OEC on 26 February 2021.

      Whereas, at the request of the OEC, ICANN organization (ICANN org) compiled information from the ccNSO2 Review Working Party's Feasibility Assessment and the ccNSO Council's 26 February 2021 letter in order to provide the ICANN Board (through the OEC) and ICANN community with a reference document on the status of the ccNSO2 Review recommendations. On 17 June 2021, the ccNSO Council confirmed its agreement with ICANN org's compilation.

      Whereas, the OEC considered the independent examiner's final report, the ccNSO2 Review Working Party's Feasibility Assessment, presentations to the OEC given by the independent examiner and the ccNSO2 Review Working Party, the ccNSO Council's 26 February 2021 letter, the reference document compiled by ICANN org, and the public comment input in order to reach a recommendation to the Board for how to proceed with the ccNSO2 Review. The OEC acknowledged that there is still work ongoing towards full implementation of some recommendations, however, the remaining implementation work is limited and in some cases is dependent on factors beyond the control of the ccNSO. The OEC discussed and approved its recommendation that the Board accept the independent examiner's final report and the ccNSO2 Review Working Party's Feasibility Assessment. Given the status of implementation of recommendations as reported by the ccNSO, the OEC also approved a recommendation to complete the ccNSO2 Review, while requesting regular reporting on the three implementation items that are still underway.

      Whereas, the OEC also considered a request from the ccNSO Council to initiate the Standard Bylaws Amendment Process as set forth in Article 25, Section 25.1 of the ICANN Bylaws regarding a series of changes that the ccNSO proposes to Article 10 and Annex B of the ICANN Bylaws. These changes address issues of definition of membership and voting rights when there are multiple ccTLD members from the same country or territory, and are important to the continued effectiveness of the ccNSO's processes.

      Resolved (2021.10.28.06), the Board accepts the final report from the independent examiner on the ccNSO2 Review.

      Resolved (2021.10.28.07), the Board accepts the Feasibility Assessment from the ccNSO2 Review Working Party.

      Resolved (2021.10.28.08), the Board acknowledges the ccNSO's implementation work aimed at improving the ccNSO's effectiveness, transparency, and accountability, in line with the findings from the independent examiner, and accepts the status of implementation of recommendations from the ccNSO2 Review as reported by the ccNSO, thereby completing the ccNSO2 Review.

      Resolved (2021.10.28.09), for the one recommendation for which the ccNSO has reported that implementation is in process, and the two recommendations for which the ccNSO has reported that action is required by ICANN org, the Board requests the ccNSO to provide periodic updates on progress toward completing implementation, starting within six months from this Board action. The Board directs ICANN's President and CEO, or his designee(s), to continue efforts underway to complete the implementation of those recommendations where action is required by ICANN org. The Board encourages the ccNSO to continue monitoring the impact of the implementation of the recommendations from the ccNSO2 Review as part of its continuous improvement process.

      Resolved (2021.10.28.10), the Board approves the initiation of the Standard Bylaws Amendment Process to allow for consideration of the ccNSO Council's requested changes to Articles 10 and Annex B of the ICANN Bylaws, and directs the ICANN President and CEO, or his designee(s), to post those proposed amendments for public comment.

      Rationale for Resolutions 2021.10.28.06 – 2021.10.28.10

      Why is the Board addressing the issue?

      To ensure ICANN's multistakeholder model remains transparent and accountable, and to improve its performance, ICANN conducts Organizational Reviews of its Supporting Organizations, Advisory Committees (other than the Governmental Advisory Committee) and the Nominating Committee, as detailed in Section 4.4 the ICANN Bylaws.

      Reviews are critical to maintaining an effective multistakeholder model and helping ICANN achieve its Mission, as detailed in Article 1 of the Bylaws. Reviews also contribute to ensuring that ICANN serves the public interest.

      The second Country Code Names Supporting Organization Review (ccNSO2 Review) commenced in August 2018. The independent examiner conducting the review produced a final report that was published in August 2019. The ccNSO2 Review Working Party, based on its detailed review of the independent examiner's final report, prepared a Feasibility Assessment and Initial Implementation Plan (Feasibility Assessment), approved by the ccNSO Council on 24 June 2020. The ccNSO2 Review Working Party has made considerable progress on the implementation of recommendations since the ccNSO2 Review final report was published in August 2019 and the Feasibility Assessment was published in July 2020.

      The status of recommendations and the level of remaining implementation work as of 3 June 2021 is documented in the reference document that ICANN org produced at the request of the OEC and the ccNSO Council confirmed on 17 June 2021. Details of the activities that the ccNSO has carried out towards implementation and the rationale for the ccNSO's conclusion are also provided in ICANN org's compilation. The role of the Board is to ensure that the review process was in compliance with the relevant Bylaw provisions

      What is the proposal being considered?

      The proposal being considered is for the Board to accept the independent examiner's final report and the ccNSO2 Review Working Party's Feasibility Assessment. The Board is being asked to acknowledge the ccNSO's implementation work aimed at improving the ccNSO's effectiveness, transparency, and accountability, in line with the findings from the independent examiner, and accept the status of implementation of recommendations from the ccNSO2 Review as reported by the ccNSO, thereby completing the ccNSO2 Review. The Board is also being asked to consider requesting the ccNSO to provide periodic updates on progress toward completing implementation of the three recommendations for which the ccNSO has reported that implementation is not yet complete, starting within six months from this Board action.

      Further, the Board is being asked to approve the initiation of the Standard Bylaws Amendment Process to allow for consideration of the ccNSO Council's requested changes to Articles 10 and Annex B of the ICANN Bylaws, and directs the ICANN President and CEO, or his designee, to post those proposed amendments for public comment.

      Independent Examination

      Meridian Institute was appointed as the independent examiner for the second Country Code Names Supporting Organization Review (ccNSO2 Review) on 31 August 2018, in accordance with ICANN's procurement process that involved ICANN organization personnel and the Organizational Effectiveness Committee of the Board (OEC), which is responsible for overseeing the organizational review process. During its work, the independent examiner reviewed relevant documentation, conducted 45 targeted stakeholder semi-structured interviews with ccNSO members and participants, the wider ICANN community, the ICANN Board, and ICANN org, and gathered 78 complete responses to its online survey from 111 individuals. In addition, the independent examiner held regular meetings with the ccNSO2 Review Working Party throughout the review, including public meetings at ICANN64 and ICANN65,

      The independent examiner published an assessment report for community consultation on 8 April 2019 and hosted a community webinar on the assessment report on 17 April 2019. Following the standard ICANN process, a draft final report was published for public comment on 17 June 2019. The independent examiner hosted a community webinar on the draft final report on 10 July 2019.

      The independent examiner submitted its final report on 29 August 2019. The final report included fourteen (14) underlying findings and fifteen (15) recommendations designed to address those findings.

      Input from ICANN Community

      In addition to the responses collected by the independent examiner through interviews and the online survey, and through the public consultation on the assessment report, two public comments were submitted on the draft final report (see the summary report of the public comment proceeding): one authored by the ccNSO Council, and one authored by the Business Constituency (BC). The ccNSO Council provided suggested amendments to the report in several areas, such as "in the next, final version of the report, the proposed recommendations could be updated to reflect existing implementation work", and "[i]n order to ensure a proper follow up of the recommendations, the ccNSO Council would like to receive guidance about who should be responsible for it". The BC noted support for the draft final report.

      The ccNSO2 Review Working Party also provided direct feedback to the independent examiner on initial drafts of the assessment report, draft final report and final report.

      ccNSO Response to the Recommendations

      The ccNSO2 Review Work Party analyzed the independent examiner's recommendations for feasibility and usefulness, considered provisional budget implications, and anticipated resources to propose a prioritized implementation timeline in its Feasibility Assessment. In its Feasibility Assessment, the ccNSO2 Review Working Party supports 13 of the 14 findings, and six of the 15 recommendations issued by the independent examiner. The ccNSO Council approved the Feasibility Assessment on 24 June 2020.

      The ccNSO proceeded with implementation work to address the findings identified by the independent examiner and supported by the ccNSO.

      The independent examiner provided a briefing to the OEC on its final report and the ccNSO2 Review Working Party on its Feasibility Assessment on 11 August 2020. The OEC sought additional information and clarification from the ccNSO Council on elements of the Feasibility Assessment on 9 December 2020. For example, the OEC asked that the ccNSO2 Review Working Party detail specific steps that the ccNSO is taking, or planning to take, and what resources will be required in cases where the ccNSO2 Review Working Party supported the findings identified by the independent examiner, but not the recommendation. The OEC posed the same questions for recommendations supported by the ccNSO Review Working Party. Further, the OEC requested an implementation status update for recommendations that the ccNSO2 Review Working Party reported as already in progress. Finally, the OEC requested that the ccNSO2 Review Working Party provide detail as to ongoing activities that the ccNSO believes respond to the issues behind the recommendations that were not supported by the ccNSO2 Review Working Party, and potential ways to address the issues reported as deferred until the next ccNSO review.

      The ccNSO Council provided the requested information to the OEC on 26 February 2021, noting that the ccNSO had progressed work on implementation of the recommendations from the independent examiner since the ccNSO2 Review final report was published in August 2019 and the Feasibility Assessment was published in July 2020. The ccNSO reported that of the 15 recommendations from the independent examiner, the ccNSO considers eight recommendations to be fully implemented in the manner proposed by the independent examiner and no further action is required; one recommendation to be in the process of implementation in the manner proposed by the independent examiner and no further action is required; three recommendations to be fully implemented, while not in the manner proposed by the independent examiner, and no further action is required; two recommendations require action from ICANN org; and one recommendation should be deferred to the next ccNSO review, if implemented at all.

      At the request of the OEC, ICANN org compiled information from the ccNSO2 Review Working Party's Feasibility Assessment and the ccNSO Council's 26 February 2021 letter in order to provide the ICANN Board (through the OEC) and the ICANN community with a reference document for the status of the ccNSO2 Review recommendations.

      The ccNSO Council confirmed its agreement with the status of recommendations and the level of remaining implementation work as detailed in the reference document on 17 June 2021.

      Recommendations already implemented or in process to be implemented in the manner proposed by the independent examiner

      The ccNSO proposes that implementation of Recommendations 1, 4, 6, 7, 9, 10, 12 and 13 is complete and no further action is required.

      • Recommendation 1 pertains to developing materials to clearly articulate the value of the ccNSO to members and potential new members.
      • Recommendation 4 pertains to amendments to Bylaws requirements for the composition of future IANA Naming Function Review teams to be geographically diverse and membership-neutral.
      • Recommendation 6 pertains to adjustments to the ccNSO meeting formats to allow more varied interactions between participants.
      • Recommendation 7 pertains to providing real-time scribing of ccNSO member meetings.
      • Recommendation 9 pertains to streamlining the mentorship program to more efficiently connect mentors to mentees.
      • Recommendation 10 pertains to collating resources for newcomers into one easily accessible location.
      • Recommendation 12 pertains to improving the process for naming, filing, and uploading documents to the ccNSO website to ensure a clear, transparent and efficient process.
      • Recommendation 13 pertains to adherence to the ccNSO Council Practices Guideline to ensure timely publication of meeting materials.

      Further, the ccNSO notes that implementation of Recommendation 3, pertaining to updating to the ccNSO Working Group Guidelines to clarify and standardize processes, is in progress. The ccNSO reports that, upon adoption of the updated Guidelines, implementation will be complete and no further action will be required. The ccNSO provides supporting rationale for its proposal for each recommendation in the reference document.

      Recommendations already implemented with alternative implementation steps

      The ccNSO notes agreement with the findings identified by the independent examiner in relation to Recommendations 2a, 2b and 5. However the ccNSO disagrees that these recommendations should be implemented in the manner proposed by the independent examiner and follows alternative implementation steps for these recommendations.

      • Recommendations 2a and 2b pertain to measures to attract new participants to the ccNSO.
      • Recommendation 5 pertains to the number of consecutive terms that ccNSO Councilors may serve.

      The ccNSO notes that, since the final report and Feasibility Assessment were presented to the OEC, the ccNSO has addressed the findings identified by the independent examiner. As such, the ccNSO proposes that implementation of Recommendations 2a, 2b and 5 be considered complete with no further action required. The ccNSO provides supporting rationale for its proposal for each recommendation in the reference document.

      Recommendations that require action from ICANN org

      The ccNSO reports that Recommendations 8 and 11 require action from ICANN org. Recommendation 8 asks that the ccNSO Council request that the written ccNSO course on the ICANN Learn portal should be translated into all ICANN languages. The ccNSO notes that the Chair of the ccNSO Council sent a letter to ICANN org to this effect on 4 May 2021, to which ICANN org responded noting that implementation steps are in progress. With regard to Recommendation 11 pertaining to updating the ccNSO website, the ccNSO notes that it has "been informed that updating the ccNSO website has become part of ICANN's ITI initiative as one of its (sub-) projects"1, and proposes that further action by ICANN org is required to complete implementation of Recommendation 11. The ccNSO provides supporting rationale for its proposal for each recommendation in the reference document.

      Recommendations that pertain to future ccNSO reviews

      Recommendation 14 calls for future reviewers to be subscribed to relevant mailing lists. The ccNSO believes that this recommendation "preempts on how the future reviewer intends to conduct its business"2, and as such, implementation of the recommendation should be deferred, to be revisited at the time of the third review of the ccNSO. The ccNSO provides supporting rationale for its proposal for each recommendation in the reference document.

      OEC and Board Considerations and Actions

      The OEC, as the ICANN Board committee overseeing Organizational Reviews, reviewed all relevant documents pertaining to the ccNSO2 Review in detail. Specifically, it considered the final report and the Feasibility Assessment, the public comment input, presentations from the independent examiner and the ccNSO2 Review Working Party, and input from the ccNSO with regard to work completed after the final report and Feasibility Assessment were submitted to the OEC.

      Under the typical cadence and process for Organizational Reviews, the Board would accept the final report and the Feasibility Assessment and request the Review Working Party to develop a detailed implementation plan to be submitted to the Board within six months. The Board would pass a resolution to accept the implementation plan, and, once implementation is complete, a resolution to accept the final implementation report and mark the completion of the review.

      The Board accepts that the ccNSO has made considerable progress on the implementation of recommendations since the final report and Feasibility Assessment were submitted to the OEC, and has provided an appropriate response to each of the findings presented by the independent examiner during the review. As such, the typical cadence and process for Organizational Reviews has been overtaken by the ccNSO's work and progress toward implementation since the final report and Feasibility Assessment were published, and several of the usual process steps are combined in this Board action.

      The Board is requesting the ccNSO to provide periodic updates on progress toward completing implementation of the one recommendation for which the ccNSO has reported that implementation is in process, and the two recommendations for which the ccNSO has reported that action is required by ICANN org, starting within six months from this Board action.

      Requested Bylaws Changes

      The Board is also considering a proposal from the ccNSO to initiate a Standard Bylaws Amendment Process under Section 25.1 of the ICANN Bylaws. The ccNSO Council initially wrote to the ICANN Board of Directors on 7 February 2020 to request changes to Article 10 and Annex B of the ICANN Bylaws to support a more accurate description of the ccNSO's members and voting structure given the possibility of multiple ccTLD managers within a single country or territory. The ccNSO Council leadership coordinated with ICANN's legal department on the substance of the amendments, and after further consultation with the ccNSO membership, on 9 September 2021 the ccNSO Council chair renewed a request to the ICANN Board for initiation of the Standard Bylaws Amendment Process with refined language. As clarity in membership and voting structure is key for continued healthy operations of the ccNSO as anticipated through the Organizational Review Process, the OEC considered and recommended to the Board that the Standard Bylaws Amendment Process be initiated with the posting of the proposed changes for public comment. Neither the OEC nor the Board have evaluated the substance of the proposed Bylaws amendments, as that will be reserved until the Board can consider the public comments.

      Which stakeholders or others were consulted?

      In addition to the responses collected by the independent examiner through interviews and the online survey, and through the public consultation on the assessment report, two public comments were submitted on the draft final report (see the summary report of the public comment proceeding): one authored by the ccNSO Council, and one authored by the Business Constituency (BC). The ccNSO Council provided suggested amendments to the report in several areas, such as "in the next, final version of the report, the proposed recommendations could be updated to reflect existing implementation work", and "[i]n order to ensure a proper follow up of the recommendations, the ccNSO Council would like to receive guidance about who should be responsible for it". The BC noted support for the draft final report.

      The ccNSO2 Review Working Party also provided direct feedback to the independent examiner on initial drafts of the assessment report, draft final report and final report.

      What concerns or issues were raised by the community?

      The community did not raise any concerns.

      Are there positive or negative community impacts?

      This Board action is expected to have a positive impact on the community as it supports the continuing process of facilitating periodic review of ICANN's Supporting Organizations and Advisory Committees, as mandated by the Bylaws.

      What significant materials did the Board review?

      The Board considered the relevant Bylaws provisions, the independent examiner's final report, the ccNSO2 Review Working Party's Feasibility Assessment, presentations to the OEC given by the independent examiner and the ccNSO2 Review Working Party, the ccNSO Council's 26 February 2021 letter, the reference document compiled by ICANN org, and the public comment input. The Board took onboard the OEC's considerations when making this decision.

      Are there fiscal impacts or ramifications on ICANN (strategic plan, operating plan, budget); the community; and/or the public?

      The Board anticipates that full implementation of the three recommendations for which implementation is not yet complete will have low or no additional fiscal impact. As such, this Board action is anticipated to have low or no additional fiscal impact.

      Are there any security, stability or resiliency issues relating to the DNS?

      This Board action is not expected to have a direct effect on security, stability or resiliency issues relating to the DNS.

      How is this action within ICANN's Mission? How does it relate to the global public interest?

      The Board's action is consistent with ICANN's commitment pursuant to Section 4 of the Bylaws to ensure ICANN's multistakeholder model remains transparent and accountable, and to improve the performance of its supporting organizations and advisory committees. This action will serve the public interest by contributing to the fulfillment of ICANN's commitment to maintaining and improving its accountability and transparency.

      Is this either a defined policy process within ICANN's Supporting Organizations or ICANN's Organizational Administrative Function decision requiring Public Comment or not requiring Public Comment?

      Public comments were received prior to Board consideration.

    3. Transfers to Reserve Fund and Supplemental Fund for Implementation of Community Recommendations

      Whereas, the Operating Fund includes the funds used for ICANN organization's day-to-day operations and must contain enough funds to cover a minimum of three months of ICANN org's operating expenses.

      Whereas, periodically, excess funds in the Operating Fund may be transferred to the Reserve Fund to ensure its balance is at or above the minimum target level, as determined and approved by the Board.

      Whereas, the Supplemental Fund for Implementation of Community Recommendations (SFICR) allows ICANN org to segregate resources in support of increasing the capacity of the org to address projects that are multi-year and focus on community recommendations that are approved by the Board but do not fit within the annual budget.

      Whereas, periodically, if excess funds exist in the Operating Fund after an allocation to the Reserve Fund has been considered or decided, an allocation to the SFICR will be considered based on the project needs identified.

      Whereas, ICANN org has determined that the balance of the Operating Fund as of 30 June 2021 contained excess funds.

      Whereas, both ICANN org and the Board Finance Committee have recommended that the Board approve a US$10,000,000 transfer from the Operating Fund to the Reserve Fund and a US$5,000,000 transfer from the Operating Fund to the SFICR.

      Resolved (2021.10.28.11), the Board approves the transfer of US$10,000,000 from the Operating Fund to the Reserve Fund.

      Resolved (2021.10.28.12), the Board approves the transfer of US$5,000,000 from the Operating Fund to the SFICR.

      Rationale for Resolutions 2021.10.28.11 – 2021.10.28.12

      As part of ICANN's Investment Policy, the Operating Fund should be at a level of funds to cover a minimum of three months of ICANN organization's operating expenses, and that any amount determined to be in excess may be transferred to the Reserve Fund to ensure its balance is at or above the minimum target level, as determined and approved by the Board.

      The Supplemental Fund for Implementation of Community Recommendations (SFICR) establishes segregated resources in support of increasing the capacity of the organization to address activities projects that are multi-year and focus on community recommendations that are approved by the Board but do not fit within the annual budget. If the Operating Fund contains excess after an allocation to the Reserve Fund has been considered or decided, an allocation to the SFICR will be determined based on the project needs identified.

      ICANN org has evaluated the balance of the Operating Fund as of 30 June 2021and has determined that excess funds in the Operating Fund of US$10,000,000 should be transferred to the Reserve Fund and US$5,000,000 should be transferred to the SFICR.

      This action is consistent with ICANN's Mission and is in the public interest as it is important to ensure stability of ICANN org in the way of a robust Reserve Fund in case use of a Reserve Fund becomes necessary. Furthermore, this action is consistent with ICANN's Mission and is in the public interest as the SFICR will fund projects, as approved by the Board, when the size, complexity, and length of the projects create a challenge to be solely funded by recurring funding.

      This action will have a positive financial impact on ICANN, and will not have an impact on the security, stability, or resiliency of the domain name system.

      This is an Organizational Administrative function that does not require public comment.

    4. Thank You to Nigel Roberts for his service to the ICANN Board

      Whereas, Nigel Roberts was appointed by the Country Code Names Supporting Organization to serve as a member of the ICANN Board on 25 October 2018.

      Whereas, Nigel Roberts concludes his term on the ICANN Board on 28 October 2021.

      Whereas, Nigel served as a member of the following Board Committees, Working Groups and Caucuses:

      • Accountability Mechanisms Committee
      • Audit Committee
      • Risk Committee
      • Strategic Planning Committee
      • Technical Committee

      • GAC Advice Working Group
      • Strategic Planning Working Group

      • International Governmental Organization (IGO) Issues Caucus
      • Sub-Pro Caucus

      Resolved (2021.10.28.13), Nigel Roberts has earned the deep appreciation of the Board for his term of service, and the Board wishes him well in his future endeavors within the ICANN community and beyond.

    5. Thank You to Merike Käo for her service to the ICANN Board

      Whereas, Merike Käo was appointed by the Security and Stability Advisory Committee to serve as a liaison to the ICANN Board on 25 October 2018.

      Whereas, Merike Käo concludes her term on the ICANN Board on 28 October 2021.

      Whereas, Merike served as a member of the following Board Committees, Working Groups and Caucuses:

      • Audit Committee
      • Risk Committee
      • Technical Committee

      • Anti-Harassment Working Group
      • IDN-Universal Acceptance Working Group

      • Competition, Consumer Trust and Consumer Choice (CCT) Caucus
      • Security, Stability, and Resiliency Review 2 (SSR2) Caucus

      Resolved (2021.10.28.14), Merike Käo has earned the deep appreciation of the Board for her term of service, and the Board wishes her well in her future endeavors within the ICANN community and beyond.

    6. Thank You to Lito Ibarra for his service to the ICANN Board

      Whereas, Lito Ibarra was appointed by the Nominating Committee to serve as a member of the ICANN Board on 22 October 2015.

      Whereas, Lito Ibarra concludes his term on the ICANN Board on 28 October 2021.

      Whereas, Lito served as a member of the following Board Committees, Working Groups and Caucuses:

      • Finance Committee
      • Governance Committee Sub-Committee on Ethics and Conflicts
      • Organizational Effectiveness Committee
      • Risk Committee
      • Strategic Planning Committee
      • Technical Committee

      • Anti-Harassment Working Group
      • Board Working Group on Internet Governance
      • IDN-Universal Acceptance Working Group
      • Internet Governance Working Group
      • Strategic Planning Working Group
      • Trust Working Group

      • Budgeting and Prioritization of Community Recommendations (BPCR) Caucus
      • CCWG-Accountability WS2 Caucus
      • Security, Stability, and Resiliency Review 2 (SSR2) Caucus
      • Sub-Pro Caucus

      Resolved (2021.10.28.15), Lito Ibarra has earned the deep appreciation of the Board for his term of service, and the Board wishes him well in his future endeavors within the ICANN community and beyond.

    7. Thank You to Ron da Silva for his service to the ICANN Board

      Whereas, Ron da Silva was appointed by the Address Supporting Organization to serve as a member of the ICANN Board on 22 October 2015.

      Whereas, Ron da Silva concludes his term on the ICANN Board on 28 October 2021.

      Whereas, Ron served as a member of the following Board Committees, Working Groups and Caucuses:

      • Audit Committee
      • Compensation Committee
      • Finance Committee
      • Governance Committee
      • Strategic Planning Committee
      • Technical Committee

      • Auction Proceeds Working Group
      • Internet Governance Working Group
      • Strategic Planning Working Group

      • Budgeting and Prioritization of Community Recommendations (BPCR) Caucus
      • Competition, Consumer Trust and Consumer Choice (CCT) Caucus
      • International Governmental Organization (IGO) Issues Caucus
      • Registration Directory Service (RDS) Review Caucus
      • Security, Stability, and Resiliency Review 2 (SSR2) Caucus

      Resolved (2021.10.28.16), Ron da Silva has earned the deep appreciation of the Board for his term of service, and the Board wishes him well in his future endeavors within the ICANN community and beyond.

    8. Thank you to Interpreters and Staff of ICANN72 Public Meeting

      The Board expresses its deepest appreciation to the scribes, interpreters, technical teams, and the entire ICANN staff for their efforts in facilitating the smooth operation of the meeting.

    9. Thank You to Community Members

      Whereas, ICANN wishes to acknowledge the considerable effort, skills, and time that members of the stakeholder community contribute to ICANN.

      Whereas, in recognition of these contributions, ICANN wishes to express appreciation for and thank members of the community when their terms of service end in relation to our Supporting Organizations, Advisory Committees, Customer Standing Committee, Empowered Community Administration, Nominating Committee, and the Root Zone Evolution Review Committee.

      Whereas, the following members of the Address Supporting Organization are concluding their terms of service:

      • Brajesh Jain, Address Supporting Organization Address Councilor
      • Mukhangu Noah Maina, Address Supporting Organization Address Councilor
      • Simon Sohel Baroi, Address Supporting Organization Address Councilor
      • Filiz Yilmaz, Address Supporting Organization Address Councilor

      Resolved (2021.10.28.17), Brajesh Jain, Mukhangu Noah Maina, Simon Sohel Baroi, and Filiz Yilmaz have earned the deep appreciation of the ICANN Board of Directors for their terms of service, and the ICANN Board of Directors wishes them well in their future endeavors within the ICANN community and beyond.

      Whereas, the following members of the Country Code Names Supporting Organization are concluding their terms of service:

      • Young Eum Lee, Country Code Names Supporting Organization Councilor
      • Byron Holland, Country Code Names Supporting Organization Councilor
      • Abdalla Omari, Country Code Names Supporting Organization Councilor
      • Katrina Sataki, Country Code Names Supporting Organization Council Chair
      • Margarita Valdés, Country Code Names Supporting Organization Councilor

      Resolved (2021.10.28.18), Young Eum Lee, Byron Holland, Abdalla Omari, Katrina Sataki, and Margarita Valdés have earned the deep appreciation of the ICANN Board of Directors for their terms of service. The ICANN Board of Directors wishes them well in their future endeavors within the ICANN community and beyond.

      Whereas, the following members of the Generic Names Supporting Organization are concluding their terms of service:

      • Raphaël Beauregard-Lacroix, Non-Commercial Users Constituency Chair
      • Tom Dale, Generic Names Supporting Organization Councilor
      • Pam Little, Generic Names Supporting Organization Council Vice Chair
      • Osvaldo Novoa, Generic Names Supporting Organization Councilor
      • Jimson Olufuye, Business Constituency Vice Chair
      • Jonathan Robinson, Registries Stakeholder Group Treasurer
      • Carlton Samuels, Generic Names Supporting Organization Councilor
      • Craig Schwartz, Registries Stakeholder Group Vice Chair
      • Claudia Selli, Business Constituency Chair
      • Jennifer Taylor Hodges, Internet Service Providers and Connectivity Providers Constituency Vice Chair
      • Tatiana Tropina, Generic Names Supporting Organization Council Vice Chair
      • Barbara Wanner, Business Constituency Representative to the Commercial Stakeholder Group

      Resolved (2021.10.28.19), Raphaël Beauregard-Lacroix, Tom Dale, Pam Little, Osvaldo Novoa, Jimson Olufuye, Jonathan Robinson, Carlton Samuels, Craig Schwartz, Claudia Selli, Jennifer Taylor Hodges, Tatiana Tropina, and Barbara Wanner have earned the deep appreciation of the ICANN Board of Directors for their terms of service. The ICANN Board of Directors wishes them well in their future endeavors within the ICANN community and beyond.

      Whereas, the following members of the At-Large community are concluding their terms of service:

      • Harold Arcos, Latin American and Caribbean Islands Regional At-Large Organization Secretary
      • Justine Chew, At-Large Advisory Committee Member
      • Judith Hellerstein, North American Regional At-Large Organization Secretary
      • Sylvia Herlein-Leite, At-Large Advisory Committee Member
      • Augusto Ho, Latin American and Caribbean Islands Regional At-Large Organization Chair-Elect
      • Yrjö Länsipuro, At-Large Advisory Committee Liaison to the Governmental Advisory Committee
      • Abdulkarim Oloyede, At-Large Advisory Committee Member
      • Carlos Raúl Gutierrez, At-Large Advisory Committee Member
      • Sergio Salinas-Porto, Latin American and Caribbean Islands Regional At-Large Organization Chair

      Resolved (2021.10.28.20), Harold Arcos, Justine Chew, Judith Hellerstein, Sylvia Herlein-Leite, Augusto Ho, Yrjö Länsipuro, Abdulkarim Oloyede, Carlos Raúl Gutierrez, and Sergio Salinas-Porto have earned the deep appreciation of the ICANN Board of Directors for their terms of service, and the ICANN Board of Directors wishes them well in their future endeavors within the ICANN community and beyond.

      Whereas, the following member of the Governmental Advisory Committee is concluding her term of service:

      • Luisa Paez, Governmental Advisory Committee Vice Chair

      Resolved (2021.10.28.21), Luisa Paez has earned the deep appreciation of the ICANN Board of Directors for her term of service, and the ICANN Board of Directors wishes her well in her future endeavors within the ICANN community and beyond.

      Whereas, the following member of the Security and Stability Advisory Committee has concluded his term of service:

      • Ben Butler, Security and Stability Advisory Committee Member

      Resolved (2021.10.28.22), Ben Butler has earned the deep appreciation of the ICANN Board of Directors for his term of service. The ICANN Board of Directors joins the ICANN community in celebrating the legacy of Ben Butler.

      Whereas, the following members of the Customer Standing Committee are concluding their terms of service:

      • James Gannon, Customer Standing Committee Liaison from the Generic Names Supporting Organization
      • Alejandra Reynoso, Customer Standing Committee Member

      Resolved (2021.10.28.23), James Gannon and Alejandra Reynoso have earned the deep appreciation of the ICANN Board of Directors for their terms of service, and the ICANN Board of Directors wishes them well in their future endeavors within the ICANN community and beyond.

      Whereas, the following members of the Empowered Community Administration are concluding their terms of service:

      • John Curran, Empowered Community Administration Member
      • Stephen Deerhake, Empowered Community Administration Member

      Resolved (2021.10.28.24), John Curran and Stephen Deerhake have earned the deep appreciation of the ICANN Board of Directors for their terms of service, and the ICANN Board of Directors wishes them well in their future endeavors within the ICANN community and beyond.

      Whereas, the following member of the Root Zone Evolution Review Committee is concluding his term of service:

      • Duane Wessels, Root Zone Evolution Review Committee Chair

      Resolved (2021.10.28.25), Duane Wessels has earned the deep appreciation of the ICANN Board of Directors for his term of service, and the ICANN Board of Directors wishes him well in his future endeavors within the ICANN community and beyond.

      Whereas, the following members of the Nominating Committee are concluding their terms of service:

      • Sébastien Bachollet, Nominating Committee Member
      • Pankaj Chaturvedi, Nominating Committee Member
      • Amrita Choudhury, Nominating Committee Member
      • Hadia Elminiawi, Nominating Committee Member
      • Robert Guerra, Nominating Committee Member
      • Tracy Hackshaw, Nominating Committee Chair-Elect
      • Wolfgang Kleinwächter, Nominating Committee Member
      • Peter Koch, Nominating Committee Member
      • Marie-Noémie Marques, Nominating Committee Member
      • Glenn McKnight, Nominating Committee Member
      • Tobias Sattler, Nominating Committee Member
      • Jay Sudowski, Nominating Committee Associate Chair

      Resolved (2021.10.28.26), Sébastien Bachollet, Pankaj Chaturvedi, Amrita Choudhury, Hadia Elminiawi, Michael Graham, Robert Guerra, Tracy Hackshaw, Ole Jacobsen, Wolfgang Kleinwächter, Peter Koch, Marie-Noémie Marques, Glenn McKnight, Tobias Sattler, and Jay Sudowski have earned the deep appreciation of the ICANN Board of Directors for their terms of service, and the ICANN Board of Directors wishes them well in their future endeavors within the ICANN community and beyond.

      Whereas, Marilyn Cade and Rafik Dammak received the 2021 ICANN Community Excellence Award.

      Resolved (2021.10.28.27), Marilyn Cade and Rafik Dammak have earned the deep appreciation of the ICANN Board of Directors for their dedication to ICANN's multistakeholder model, and the ICANN Board of Directors wishes Rafik Dammak well in his future endeavors within the ICANN community and beyond. The ICANN Board of Directors joins the ICANN community in celebrating the legacy of Marilyn Cade.

      Whereas, Satish Babu received the 2021 Dr. Tarek Kamel Award for Capacity Building.

      Resolved (2021.10.28.28), Satish Babu has earned the deep appreciation of the ICANN Board of Directors for his significant contributions to local and regional capacity-building programs in Asia Pacific region and beyond, and the ICANN Board of Directors wishes him well in his future endeavors within the ICANN community and beyond.

      Rationale for Resolutions 2021.10.28.17 – 2021.10.28.28

      Community-driven work is at the core of ICANN's mission. Countless hours are spent in working groups across the Supporting Organizations, Advisory Committees, and other groups, including the Customer Standing Committee, Empowered Community Administration, Nominating Committee and the Root Zone Evolution Review Committee. Together, these community groups develop and refine policies that ensure the security, stability, and resiliency of the global Internet. The Board is grateful for the community's tireless efforts and cooperative spirit shown over the last year.

Published on 28 October 2021


1 Letter from K Sataki to A Doria, 26 February 2021: https://www.icann.org/en/system/files/correspondence/sataki-to-doria-26feb21-en.pdf

2 Status of implementation of recommendations from the ccNSO2 Review, 3 June 2021: https://community.icann.org/display/ccNSOCWS/Council+at+ICANN71+%7C+17+June+2021?preview=/166265872/167543059/Item%208%20meeting%20174%20ccNSO%20Review%20comparison%20document_3Jun.pdf