Minutes | Special Meeting of the Board 18 October 2004

A Special Meeting of the ICANN's Board of Directors was held via teleconference on 18 October 2004 and was called to order at 6:05 AM Pacific Standard Time (PST), California). Chairman Vinton G. Cerf presided over the entire meeting. The following other Board Directors participated in the entire meeting: Raimundo Beca, Ivan Moura Campos, Tricia Drakes, Mouhamet Diop, Thomas Niles, Michael D. Palage, Alejandro Pisanty, Hualin Qian and Paul Twomey. The following Board Members participated in part of the Meeting: Veni Markovski and Njeri Rionge. The following Board Members were excused from the call: Hagen Hultzsch. The following Board Liaisons participated in all or part of the meeting: Steve Crocker, Security and Stability Advisory Committee Liaison; Roberto Gaetano, At Large Advisory Committee Liaison; Francisco A. Jesus Silva, Technical Liaison Group Liaison; John Klensin, IETF Liaison; and, Mohamed Sharil Tarmizi, Governmental Advisory Committee Liaison. The following Board Members Elect listened to the call, but did not participate: Joichi Ito and Vanda Scartezini. John O. Jeffrey, General Counsel and Board Secretary participated in the meeting. The following ICANN staff members also participated in the meeting: Doug Barton, General Manager for IANA; Tina Dam, Chief gTLD Registry Liaison; Kurt J. Pritz, Vice President of Business Operations; Barbara Roseman, ICANN Policy Development Support Staff; Diane Schroeder, Chief Financial Officer; and, Theresa Swinehart, General Manager of Global Partnerships.

Chairman Cerf introduced the Board Members Elect and then made some opening remarks. Dr. Twomey also made introductory remarks and then the Board engaged in discussion regarding the following items and in some cases adopted resolutions, as set forth below:

Insurance Binder Approval

John Jeffrey, General Counsel introduced a proposed board resolution for a financial issue that required Board approval, as the budgeted expenditure exceeded the $50,000 US. After some discussion by various board members, Michael Palage moved, Tom Niles seconded, that the Board adopt the following resolution:

Resolved [04.___] that the President is provided authority to execute the professional liability insurance binder in excess of his normal financial controls and authority, not to exceed $150,000 ( US).Whereas, the ICANN Meetings Committee, under its charter to consult with the President and staff on selection of sites for the Board’s regular meetings recommends that the President accept

The Board approved the above the above resolutions by a 12-0 vote with no abstentions. Veni Markovski was not able to vote due to technical difficulties.

Redelegation of .LY ( Libya)

Doug Barton, IANA General Manager introduced the topic for discussion, members of the Board reviewed and commented on the history of management, and temporary of the .LY ccTLD. Paul Twomey and Anne-Rachel Inne also provided additional information and responded to questions by Board Members, at the conclusion of which the following resolutions were presented for consideration by Mouhamet Diop, and seconded by Alejandro Pisanty:

Whereas, on 7 April 2004 the .LY ccTLD ceased functioning due to the failure of the master (primary) nameserver.

Whereas, on 13 April 2004 minimal functionality was restored when the last good copy of the .LY zone was slaved by the former master nameserver to a master.

Whereas, as set forth in RFC 1591 (ftp:/ftp.rfc-editor.org/in-notes/rfc1591.txt) and later affirmed in ICP-1 (http://www.icann.org/icp/icp-1.htm), “TLD managers are trustees for the delegated domain, and have a duty to serve the community.”

Whereas, on 10 May 2004, the proposed delegees began offering name service for the .LY domain on a limited basis. To date their servers have responded well to the load, Mr. Marwan Maghur’s team has been responsive to requests, and there is every reason to believe that their servers, along with the slave (secondary) will be more than adequate to handle the full load as a result of updating the nameserver delegation in the root zone.

Whereas, pursuant to ICANN Board Resolution Resolved 04.48, the Board approved the provisional redelegation of the .LY domain to GPTC and Mr. Maghur, until such time as a full redelegation could be arranged.

Whereas, the process of technically validating the legitimacy of the redelegation application by Mr. Maghur and his team has been completed and the appropriateness of the request from GPTC has been validated, and therefore it is appropriate at this time to allow Mr. Maghur and his team to provide greater operational stability for the .LY domain.

Whereas, IANA has been provided and has put on record all the required official paperwork needed including records of meetings that took place locally in the Libyan Internet Community by ISOC, GPTC, LTT, et al. and that all agree with the redelegation to GPTC. Most recently, the GPTC has sent a letter of intent to enter into an agreement with ICANN.

Resolved [04.__] that the redelegation of .LY to Mr. Marwan Magure is approved.

Resolved [04.__] that, upon signature of the agreement, the President is authorized to take appropriate steps to negotiate and agreement with Mr. Marwan Magure and GPTC.

The Board approved the above the above resolutions by an 11-0 vote. Raimundo Beca and Veni Markovski abstained.

sTLD Process Update

Kurt Pritz, Vice President, Business Operations provided a detailed summary of the current process and status regarding the ten sponsored top level domain applicants. Paul Twomey also provided additional information regarding these topics. Vint Cerf, Ivan Campos, and Michael Palage all asked questions to staff regarding the current status of the process and applicants.

.TRAVEL Sponsorship Discussion and Authorization for Staff to Negotiate Contractual Terms with Applicant

Following introduction of the topic for discussion, members of the Board reviewed, commented and actively discussed the sponsorship criteria and the .TRAVEL sTLD application, the report of the independent review panel on the sponsorship application, the response by the applicant to the independent review panel’s report. All of the board members present (including Njeri Rionge who was no longer available at the time of voting on the resolutions) made comments and participated in the discussion. Ivan Moura Campos moved, and Veni Markovski seconded a request for a vote on the following resolutions :

Resolved (04.__) the board authorizes the President and General Counsel to enter into negotiations relating to proposed commercial and technical terms for the .TRAVEL sponsored top-level domain (sTLD) with the applicant.

Resolved (04.__) if after entering into negotiations with the .TRAVEL sTLD applicant the President and General Counsel are able to negotiate a set of proposed commercial and technical terms for a contractual arrangement, The President shall present such proposed terms to this board, for approval and authorization to enter into an agreement relating to the delegation of the .TRAVEL sTLD.

Vint Cerf asked for a roll call vote for both resolutions, and the voting went as follows, with a “yes” response signifying a vote of approval for the resolutions:

Raimundo Beca - Abstain

Ivan Moura Campos - Yes

Vinton G. Cerf - Yes

Mouhamet Diop - Yes

Tricia Drakes - Yes

Hagen Hultzsch – Not present on the call.

Veni Markovski - Yes

Thomas Niles - Yes

Michael D. Palage - Abstain

Alejandro Pisanty - Yes

Hualin Qian - Yes

Njeri Rionge – Dropped off of the call before the vote, and did not return through the remainder of the Meeting.

Paul Twomey - Yes

Accordingly, the Board approved the above resolutions by a 9-0 vote, with two abstentions as noted above.

GNSO Council Review Terms of Reference Approval

Barbara Roseman, ICANN Policy Development Support Staff introduced discussion regarding proposed resolutions from the GNSO Council relating to the GNSO Council Review Terms of Reference. After board discussion and comments by Vint Cerf, Michael Palage, Alejandro Pisanty and Mouhamet Diop, on the above mentioned topics and the proposal, Michael Palage moved, with Alejandro Pistanty’s second, that the Board adopt the following resolution:

Whereas, Article IV, Section 4 of the ICANN bylaws requires the ICANN Board to organize regular reviews of each Supporting Organization, Council, and Advisory Committee. The review must be undertaken by an independent entity.

Whereas, the GNSO Council authorized the preparation of terms of reference (TOR) by a small subcommittee of the Council, in cooperation with ICANN staff, which is now presented to the Board for ratification.

Whereas, the review of the GNSO Council (rather than a review of the entire GNSO) is to be completed before the ICANN annual general meeting scheduled for December 2004.

Whereas, the GNSO Council review calls for some specific actions within a short time period, short, factual, staff analysis of GNSO Council activities whether that organization has a continuing purpose in the ICANN structure, and if so, whether any change in structure or operations is desirable to improve its effectiveness.

Resolved (04.__) the Board hereby ratifies the “Terms of Reference” to guide an outside consultant in conducting a review of the GNSO Council.

The Board approved the above the above resolution by a unanimous 11-0 vote of those Board Members present.

Selection Process for establishing Board Committee Positions

Alejandro Pisanty proposed a resolution on behalf of the Board Governance Committee regarding following the previously adopted rules set out for review of the processes and procedures for creating a slate of nominees for the positions of Board Chairman and Board Vice Chairman and for chairmanship and board membership in each Board Committee. Other Board Governance Committee Members on the call confirmed the recommendation and provided additional comments including Mouhamet Diop, Tricia Drakes and Tom Niles. Tricia Drakes and Alejandro Pisanty answered questions from other Board Members during the discussion.

Alejandro Pisanty moved and Tricia Drakes seconded the following resolution:

Resolved (04.__) the Board hereby reaffirms the previously adopted rules set out for review of processes and procedures for creating a slate of nominees for the positions of Board Chairman and Board Vice Chairman and for chairmanship and board membership in each Board Committee for the Annual Meeting in Cape Town in December 2004.

The Board approved the above the above resolution by a unanimous 11-0 vote of those Board Members present.

.NET Request for Proposals Update and Discussion

Kurt Pritz provided the board with an update on this issue and there was some Board discussion of the pending schedule. Paul Twomey made additional comments. Vint Cerf asked a procedural question regarding approval and asked John Jeffrey to conduct research regarding Board approval.


Vint Cerf requested all remaining items on the agenda be put over until the October Board Meeting and the call was formally adjourned at 8:02 A.M., PST.