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Minutes | Special Meeting of the Board 9 September 2003

ICANN's Board of Directors held a meeting, duly noticed, by teleconference on 9 September 2003. Directors Vint Cerf (Chair), Mouhamet Diop (joining shortly after the meeting commenced), Tricia Drakes, Masanobu Katoh, Thomas Niles, Michael D. Palage, Alejandro Pisanty, Njeri Rionge and Paul Twomey were present. Board Liaisons Steve Crocker, Roberto Gaetano, John Klensin, Francisco A. Jesus Silva and Mohamed Sharil Tarmizi also participated. Esmé Smith with Jones Day, outside counsel to ICANN and acting as secretary for the meeting, was also in attendance.

Timing of 2003 Annual Meeting

The Board continued a discussion initiated at the Board’s 19 August 2003 meeting regarding timing of the 2003 annual meeting. The Board discussed the desirability of designating Carthage as the setting for the corporation's 2003 annual meeting. This choice would obviate the cost to ICANN in holding another public meeting during the fourth calendar quarter of 2003, and circumvent scheduling difficulties. It was noted that ICANN’s Bylaws currently required a public meeting during the fourth calendar quarter to be held each year at ICANN’s office in Marina Del Rey. Board members noted this Bylaws provision as drafted was impracticable, and the desirability of changing it. The Board determined to ask staff to circulate draft resolutions for consideration that would designate Carthage as the 2003 annual meeting, and for the preparation of an amendment to the Bylaws to allow flexibility in the timing and scheduling of ICANN’s annual meeting. The Board also determined that any input from constituent groups on making Carthage the setting for the corporation's 2003 annual meeting would be considered.

Update on new TLDs Issues

Mr. Twomey briefed the Board on status of a policy paper for consideration on the creation of new TLDs, and sub-topics for such a paper. It was noted that the formal comment period for the draft new sTLDs RFP had closed on 26 August, and review of the comments received was underway. The Board discussed whether, and to what extent, issues concerning gTLDs and sTLDs should be analyzed separately and be distinguished from each other. It was noted by Mr. Twomey that the RFP was drafted with the intention of considering a new round of new sTLDs as an extension of the proof of concept from the 2001 round of new TLDs, and the advisability of this approach was discussed by the Board. The process and criteria for selection of a consultant to review and analyze applications for a new round of sTLDs was discussed. The discussion included the importance of the establishment of and adherence to objective criteria for review by such a third-party consultant. Progress of the report on the review of the 2001 TLDs was discussed, as well as the process of the selection for the consultant performing such review. The Board discussed and determined to consider further whether a more formal process for selection in the future of consultants and others performing services for ICANN should be instituted.

Board members noted an appreciation of the importance to the community in proceeding to make timely progress on this topic. Mr. Twomey indicated he intended to provide further input on this topic to the Board shortly.

Review of IRP Providers; Progress on Establishment of Ombudsman Program

Mr. Twomey reviewed for the Board the Bylaws requirement that ICANN establish a relationship with an arbitration provider for the creation of an Independent Review Panel as provided under Article IV, Section 3 of the Bylaws. The purpose of the establishment and use of such an Independent Review Panel was reviewed for the benefit of the newer members of the Board. Mr. Twomey described for the Board the three arbitration providers being considered as appropriate to operate the Independent Review Panel, each an arbitration provider with an internationally recognized reputation of high standing. The Board determined to instruct staff to gather further details and specifics from the three arbitration providers being considered.

Mr. Twomey reviewed in brief a progress report received on establishment of the Ombudsman program. Drafting of relevant documents for the Ombudsman program by an outside consultant was noted as underway, including procedures and policies for the program. Recruitment for the position was hoped to begin in the upcoming months.

Other Business

Mr. Twomey briefed the Board on continuing dialogue between ICANN and the U.S. Department of Commerce regarding the relationship between the parties. Mr. Twomey was asked to report on the filling of positions on the committee for WIPO II. Input into selection of the committee members had been asked of the GAC, GNSO and the ALAC. Mr. Twomey noted input from three GNSO constituencies had been received, and input was forthcoming within the upcoming week from the remaining GNSO constituencies. Coordination between ICANN and the ITU-T for the upcoming joint workshop to be co-hosted by the parties on the .int TLD was discussed in brief.

The call was formally adjourned at 14:20 UTC.