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Minutes | Board Governance Committee (BGC) Meeting 12 June 2014

BGC Attendees: Cherine Chalaby, Chris Disspain, Olga Madruga-Forti, Mike Silber, and Bruce Tonkin – Chair

Apologies: Ram Mohan and Ray Plzak

Other Board Member Attendees: Steve Crocker

Executive and Staff Attendees: Megan Bishop (Board Support Coordinator), John Jeffrey (General Counsel and Secretary), Elizabeth Le (Senior Counsel), and Amy Stathos (Deputy General Counsel)

The following is a summary of discussion, actions taken, and actions identified:

  1. Reconsideration Request 14-4 – Ram Mohan abstained from participation of this matter noting conflicts. Staff briefed the BGC regarding the Union of Orthodox Jewish Congregations of America's request seeking reconsideration of the Expert Determination, and ICANN's acceptance of that Determination, dismissing the Requester's community objection to the application for .KOSHER. The Requester claims that the Panel failed to comply with ICANN policies and processes in reaching the Determination by applying the wrong standard for evaluating the likelihood of material detriment causing the Panel to incorrectly conclude that KMA would be prevented from operating the .KOSHER TLD in a disparate manner. After discussion and consideration of the Request, the BGC concluded that the Requester has not stated proper grounds for reconsideration because there is no evidence that the Panel applied the wrong standard in contravention of established policy or procedure in evaluating the likelihood of material detriment. Moreover, the BGC noted that the applicant for .KOSHER, Kosher Marketing Assets, LLC (KMA), submitted a Public Interest Commitments Specification to be part of its Registry Agreement that, among other things, specifically prohibits it from "impos[ing] kosher certification standards or methodologies of [its own] or [of] its Affiliates . . . on any registrants" and requires it to "administer registry access in a transparent way that does not give an undue preference to any registrars or registrants, including itself, and shall not subject registrars or registrants to an undue disadvantage." Those binding and enforceable commitments will help ensure that KMA is not allowed to operate the .KOSHER TLD in a disparate manner. The Bylaws authorize the BGC to make a final determination on Reconsideration Requests brought regarding staff action or inaction and the BGC concluded that its determination on Request 14-4 is final; no consideration by the NGPC is warranted.
  2. Reconsideration Request 14-10 - The BGC decided to continue consideration of Request 14-10 to its next meeting in London on 21 June 2014. Ram Mohan abstained from participation of this matter noting conflicts.

Published on 21 June 2014