Minutes | Board Accountability Mechanisms Committee (BAMC) Meeting
Board Accountability Mechanisms Committee (BAMC) Attendees: Becky Burr, Sarah Deutsch, Chris Disspain (Chair), Nigel Roberts, and León Sanchez
Other Board Member Attendees: Cherine Chalaby, Avri Doria, Göran Marby, and Tripti Sinha
ICANN Organization Attendees: Michelle Bright (Director, Board Operations), John Jeffrey (General Counsel and Secretary), Tarek Kamel (Sr. Advisor to President & SVP, Government and IGO Engagement), Vinciane Koenigsfeld (Director, Board Operations), Elizabeth Le (Associate General Counsel), Cyrus Namazi (VP, Domain Name Services & Industry Engagement, Global Domains Division), Wendy Profit (Senior Manager, Board Operations), Lisa Saulino (Board Operations Senior Coordinator), and Amy Stathos (Deputy General Counsel)
The following is a summary of discussions, actions taken, and actions identified:
Reconsideration Request 18-10 – Becky Burr abstained from the discussion, noting potential conflicts. The Committee received a briefing on Reconsideration Request 18-10, which was submitted by the Amazon Cooperation Treaty Organization (ACTO), seeking reconsideration of ICANN Board Resolution 2018.10.25.18 (Resolution), which directed ICANN organization "to remove the 'Will Not Proceed' status and resume processing of the .AMAZON applications according to the policies and procedures governing the 2012 round of the New gTLD Program." The Requestor suggests that the Board relied on inaccurate information when it adopted the Resolution, and that the Resolution contravenes ICANN org's commitments and core values. The Requestor asks that the Board cancel the resolution itself and restore the "Will Not Proceed" status of the .AMAZON applications. When evaluating the Resolution, the Board was provided with a summary of the extensive background on the .AMAZON application, which included early Governmental Advisory Committee (GAC) warnings, numerous pieces of GAC advice, an Independent Review Process proceeding, and negotiations between ACTO and the Amazon corporations facilitated by ICANN organization. The BAMC noted that Request 18-10 appears to be based on the Requestor's interpretation that the Resolution directed ICANN's President and CEO to delegate .AMAZON and the related TLDs without further consultation with the ACTO member states and without further consideration by the Board. The BAMC further noted that this interpretation was not the intent of the Resolution. Rather, the Resolution was passed with the intention that further discussions among the parties take place before the Board takes a final decision on the potential delegation of .AMAZON and related TLDs. The language of the Resolution itself does not approve delegation of .AMAZON or support any particular solution. Rather, the Resolution simply "directs the President and CEO, or his designee(s), to remove the 'Will Not Proceed' status. The removal of the "Will Not Proceed" status was a necessary procedural prerequisite to ICANN org renewing formal consideration of the .AMAZON applications and the processing of the proposed Public Interests Commitments (PICs) by the Amazon corporation. The BAMC further determined that the circumstances surrounding the Resolution confirm that further negotiations were expected and welcomed by the Board. Specifically, during the discussion by the Board of the Resolution, the ICANN President and CEO stated on the record that he planned to meet with ACTO representatives to discuss these issues. In the time since the Resolution was adopted, both the ICANN President and CEO and the Chair of the ICANN Board have confirmed the intent of the Resolution and have reiterated that they maintained the intent to continue facilitating the discussion between the ACTO member states and the Amazon corporation in correspondence to the Chair of GAC and to ACTO. The BAMC concluded that the Board considered all available material information and did not considered any false or inaccurate information. The BGC further determined that the Board's adoption of the Resolution was consistent with ICANN's commitments and core values. Nevertheless, the BAMC noted that some additional revisions are needed for the BAMC Recommendation, and decided to quickly reconvene the discussion on Request 18-10 in following receipt of such changes.
- Actions: ICANN organization to revise the proposed Recommendation as discussed and provide to the BAMC for further discussion.
Published on 23 January 2019