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Special Meeting of the Board Preliminary Report 24 October 2005

[Special note from ICANN Secretary: A transcription of the board votes was taken and will be posted when the Board Minutes for this meeting are posted.]

The meeting was called to order by Vinton Cerf at 11:20 AM, Pacific Daylight Time. The Board took action on the following agenda items:

Initiation of Public Comment Period on Proposed VeriSign Settlement and Proposed New .COM Registry Agreement

Peter Dengate Thrush and Thomas Niles moved for the following resolution to be considered and Hagen Hultzsch seconded:

Whereas, ICANN has negotiated a proposed settlement of the pending litigation between ICANN and VeriSign.

Whereas, significant ICANN funds and staff, and ICANN community resources, have been devoted to addressing many long-standing points of tension and litigation between VeriSign and ICANN, which have adversely affected the broader Internet community.

Whereas, ICANN has engaged in negotiations with VeriSign in an effort to reach a favorable agreement on litigation issues in order to benefit the broader Internet community.

Whereas, the proposed settlement agreement includes VeriSign withdrawing all pending litigation and arbitration relating to .com, and VeriSign adopting ICANN's position on a wide range of issues concerning registry services and the way they are introduced.

Whereas, the proposed settlement agreement requires VeriSign to introduce new services through a transparent, defined, and timely procedure that includes safeguards for security, stability and competition.

Whereas, the proposed settlement agreement requires VeriSign to exclusively use binding arbitration through the Paris-based International Chamber of Commerce for all future .com disputes.

Whereas, the proposed settlement agreement commits VeriSign to work with ICANN to coordinate the tasks that ICANN and VeriSign undertake in the updating of the zone file.

Whereas, the proposed settlement agreement enters ICANN and VeriSign into a new .COM Registry agreement intended to balance innovation and business certainty with the need to ensure competition, security and stability in the domain name system.

Whereas, prior to making a determination on whether the proposed settlement agreement should be approved, the ICANN Board desires broad input from the ICANN community and the general public on whether the proposed settlement agreement will be beneficial for the ICANN community and the future security and stability of the Internet.

Resolved (05.__), that the ICANN President and General Counsel are directed to post the settlement documents on the ICANN website for public comment, and to return to the Board for approval, disapproval or advice on the settlement, at which time the Board will consider all input and determine the appropriate actions.

The board approved the resolution by a 12-0, with one abstention. Board Members voting in favor included Raimundo Beca, Vinton Cerf, Mouhamet Diop, Demi Getschko, Hagen Hultzsch, Joichi Ito, Veni Markovski, Thomas Niles, Alejandro Pisanty, Vanda Scartezini, Peter Dengate Thrush, and Paul Twomey. Board Members, Hualin Qian and Njeri Rionge were not present for the vote. Board Member, Michael Palage abstained due to a potential conflict of interest.

The Meeting was adjourned at 12:02 PM, Pacific Daylight Time.