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Minutes | Board Governance Committee (BGC) Meeting

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

BGC Member Apologies: Ray Plzak and Ram Mohan

Other Board Member Attendees: Steve Crocker

Executive and Staff Attendees: Megan Bishop (Board Support Coordinator), John Jeffrey (General Counsel and Secretary), Wendy Profit (Board Support Specialist), and Amy Stathos (Deputy General Counsel)


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

  1. Minutes – The BGC approved the minutes from the meeting on 24 July 2014.

  2. Reconsideration Request 14-27 – Bruce Tonkin abstained from participation in this matter noting conflicts, indicating that his employer uses Amazon as a supplier and, while not material to this particular decision, he would abstain to prevent any perception of bias. Staff briefed the BGC regarding Amazon EU S.a.r.l.'s ("Requester's") request seeking reconsideration of the NGPC's 14 May 2014 resolution (Resolution 2014.05.14.NG03) accepting the GAC advice and directing that the applications for .AMAZON and related IDNs in Japanese and Chinese filed by Amazon (collectively, the "Amazon Applications") should not proceed. The Requester asserted, among other things, that the NGPC had relied on false or inaccurate information in making its determination. In its 24 July 2014 meeting, the BGC decided to seek additional information or clarification from the Requester regarding the alleged false or inaccurate information. Requester submitted its response to the request for additional information on 2 August 2014. After discussion and consideration of the Reconsideration Request and all materials submitted, the BGC concluded that the Requester has not demonstrated that the NGPC failed to consider any material information or relied on false or inaccurate material information in passing the Resolution. The BGC approved a motion recommending that the NGPC deny Reconsideration Request 14-27.

    • Action: Staff to prepare materials for consideration by the NGPC.

  3. Reconsideration Request 14-29 – Bruce Tonkin abstained from participation in this matter noting conflicts, indicating that his employer uses Amazon as a supplier and, while not material to this particular decision, he would abstain to prevent any perception of bias. Staff briefed the BGC regarding DotKids Foundation Limited's ("Requester's") request seeking reconsideration of ICANN's decision to partially defer the Requester's change request seeking to modify portions of its community application for .KIDS in preparation for its Community Priority Evaluation ("CPE"). The Requester and Amazon EU S.a.r.l ("Amazon") both applied for .KIDS and are in the same contention set. In preparing for the CPE, the Requester submitted a change request to ICANN seeking: (i) to supplement its application with additional letters of support; and (ii) to revise written portions of its application. ICANN permitted the additional letters of support, but deferred making any decision regarding the revisions to the application until after the CPE was concluded. On 11 June 2014, the Requester filed Reconsideration Request 14-29, claiming that ICANN violated policies and procedures in partially deferring the Requester's change request. After discussion and consideration of the Request, the BGC concluded that the Requester has not demonstrated that ICANN's partial deferral of the change request violates any ICANN policy or procedure and, therefore, determined that Request 14-29 be denied. 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 14-29 is final; no consideration by the NGPC is warranted.

  4. Reconsideration Requests 14-34 – Staff briefed the BGC regarding Despegar Online SRL, DotHotel, Inc., dot Hotel Limited, Fegistry, LLC, Spring McCook, LLC, and Top Level Domain Holdings Limited's (collectively, the "Requesters'") request seeking reconsideration of the Community Priority Evaluation Panel's ("Panel's") Report ("Report"), and ICANN's acceptance of that Report, finding that HOTEL Top-Level-Domain S.a.r.l.'s application for .HOTEL prevailed in Community Priority Evaluation ("CPE"). The Requesters asserted that the Panel improperly interpreted and applied the CPE criteria set forth in the New gTLD Applicant Guidebook, and breached "other ICANN [p]rinciples" set forth in the ICANN Bylaws. After discussion and consideration of the Request, the BGC concluded that the Requester has not demonstrated that the Panel acted in contravention of established policy or procedure and, therefore, determined that Request 14-34 be denied. 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 14-34 is final; no consideration by the NGPC is warranted.

  5. Reconsideration Request 14-35 – Bruce Tonkin abstained from participation in this matter noting conflicts, indicating that his employer uses Amazon as a supplier and, while not material to this particular decision, he would abstain to prevent any perception of bias. Staff briefed the BGC regarding Amazon EU S.a.r.l.'s ("Requester's") request seeking reconsideration of ICANN staff's response to the Requester's request for documents pursuant to ICANN's Document Information Disclosure Policy ("DIDP") relating to the Requester's applications for .AMAZON and related IDNs in Japanese and Chinese (collectively, the "Amazon Applications"). The Requester asserted that the DIDP Response was "facially inadequate" and inconsistent with DIDP procedures and ICANN's Articles of Incorporation, Bylaws, and Affirmation of Commitments. After discussion and consideration of the Request, the BGC concluded that the Requester has not demonstrated that ICANN acted in contravention of established policy or procedure in responding to the DIDP Request and, therefore, determined that Request 14-35 be denied. 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 14-35 is final; no consideration by the NGPC is warranted.

  6. Expressions of Interest for Nominating Committee 2015 Leadership – Bruce Tonkin provided a brief overview of the status of current Expressions of Interest ("EOIs") for Nominating Committee ("NomCom") Leadership. The BGC will be recommending to the Board a Chair and a Chair-Elect position for the NomCom. In its 24 July 2014 meeting, the BGC decided to seek additional information from each of the interested applicants in order to make determinations regarding candidate interviews, and to allow for the conclusion of a 360-degree review of the 2014 NomCom Leadership before proceeding. The BGC sent additional questions to the applicants and asked that written responses be submitted by the end of the month. The committee chair also noted that the 360-degree review of the 2014 NomCom Leadership has been completed. The BGC also discussed timing considerations regarding the submission of recommendations for the Chair and Chair-Elect positions.

  7. Board Evaluation – The BGC discussed conducting a 360-degree Board evaluation, the need for a comprehensive survey questionnaire, the need to determine the quantity and selection process of potential participants in the questionnaire, and potential timing for development of the questionnaire and issuance of the questionnaire.

Published on 4 September 2014

Domain Name System
Internationalized Domain Name ,IDN,"IDNs are domain names that include characters used in the local representation of languages that are not written with the twenty-six letters of the basic Latin alphabet ""a-z"". An IDN can contain Latin letters with diacritical marks, as required by many European languages, or may consist of characters from non-Latin scripts such as Arabic or Chinese. Many languages also use other types of digits than the European ""0-9"". The basic Latin alphabet together with the European-Arabic digits are, for the purpose of domain names, termed ""ASCII characters"" (ASCII = American Standard Code for Information Interchange). These are also included in the broader range of ""Unicode characters"" that provides the basis for IDNs. The ""hostname rule"" requires that all domain names of the type under consideration here are stored in the DNS using only the ASCII characters listed above, with the one further addition of the hyphen ""-"". The Unicode form of an IDN therefore requires special encoding before it is entered into the DNS. The following terminology is used when distinguishing between these forms: A domain name consists of a series of ""labels"" (separated by ""dots""). The ASCII form of an IDN label is termed an ""A-label"". All operations defined in the DNS protocol use A-labels exclusively. The Unicode form, which a user expects to be displayed, is termed a ""U-label"". The difference may be illustrated with the Hindi word for ""test"" — परीका — appearing here as a U-label would (in the Devanagari script). A special form of ""ASCII compatible encoding"" (abbreviated ACE) is applied to this to produce the corresponding A-label: xn--11b5bs1di. A domain name that only includes ASCII letters, digits, and hyphens is termed an ""LDH label"". Although the definitions of A-labels and LDH-labels overlap, a name consisting exclusively of LDH labels, such as""icann.org"" is not an IDN."