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Preliminary Report of Board Meeting

[Formal Minutes are still to be approved by the ICANN Board]

Note: This has not been approved by the Board and does not constitute minutes but does provide a preliminary attempt setting forth the reporting of the resolutions from that meeting. Details on voting and abstentions will be provided in the Board's Minutes, when approved by the board at a future meeting.

A Special Meeting of the ICANN Board of Directors was held via teleconference on 5 August 2010 at 20:00 UTC.

Chairman Peter Dengate Thrush promptly called the meeting to order.

In addition to Chairman Peter Dengate Thrush the following Directors participated in all or part of the meeting: Rod Beckstrom (President and CEO), Dennis Jennings (Vice Chairman), Harald Tveit Alvestrand, Steve Crocker, Gonzalo Navarro, Rita Rodin Johnston, Raymond A. Plzak, George Sadowsky, Mike Silber, Jean-Jacques Subrenat, Bruce Tonkin, Katim Touray, and Kuo-Wei Wu.

Rajasekhar Ramaraj sent apologies.

The following Board Liaisons participated in all or part of the meeting: Heather Dryden, GAC Liaison; Ram Mohan, SSAC Liaison; Thomas Narten, IETF Liaison; Jonne Soininen, TLG Liaison; and Vanda Scartezini, ALAC Liaison.

This is a preliminary report of the approved resolutions resulting from the Regular Meeting of the ICANN Board of Directors, which took place on 5 August 2010.

  1. Executive Session

The Board conducted an executive session, without staff present, in confidence.

  1. Consent Agenda:

RESOLVED, the following resolutions in this Consent Agenda are hereby approved:

    1. Approval of Minutes of 23 June 2010 ICANN Regular Board Meeting

RESOLVED (2010.08.05.01), the Board hereby approves the minutes of the 23 June 2010 Board Meeting.

    1. Approval of Minutes of 25 June 2010 ICANN Special Board Meeting

RESOLVED (2010.08.05.02), the Board hereby approves the minutes of the 25 June 2010 Board Meeting.

    1. Delegation of IDN ccTLDs:

      1. Sri Lanka

Whereas, Sri Lanka is a country currently listed in the ISO 3166-1 standard.

Whereas, .ලංකා ("Lanka"), encoded as “xn--fzc2c9e2c”; and .இலங்கை ("Ilangai"), encoded as “xn--xkc2al3hye2a”; are both strings that have been deemed to appropriately represent Sri Lanka through the IDN Fast Track process.

Whereas, ICANN has received requests for delegation of .ලංකා and .இலங்கை to LK Domain Registry.

Whereas, ICANN has reviewed the requests, and has determined that the proposed delegations would be in the interests of the local and global Internet communities.

RESOLVED (2010.08.05.03), the proposed delegation of .ලංකා to LK Domain Registry is approved.

RESOLVED (2010.08.05.04), the proposed delegation of .இலங்கை to LK Domain Registry is approved.

      1. Thailand

Whereas, the Thailand is a country currently listed in the ISO 3166-1 standard.

Whereas, .ไทย ("Thai"), encoded as “xn--o3cw4h”, is a string that has been deemed to appropriately represent Thailand through the IDN Fast Track process.

Whereas, ICANN has received a request for delegation of .ไทย to the Thai Network Information Center Foundation.

Whereas, ICANN has reviewed the request, and has determined that the proposed delegation would be in the interests of the local and global Internet communities.

RESOLVED (2010.08.05.05), the proposed delegation of the .ไทย domain to the Thai Network Information Center Foundation is approved.

    1. Approval of RSEP Request for Allocation of 1 and 2-Character Domains in .TRAVEL

Whereas, Tralliance submitted a request pursuant to ICANN’s Registry Services Evaluation Policy to amend the .TRAVEL Registry Agreements to allocate one and two-character domain names via a phased allocation process.

Whereas, the proposed release of single and two-character domain names in .TRAVEL would be consistent with the recommendations of the GNSO Reserved Names Working Group and other approvals to permit the release of one and two-character domain names.

Whereas, ICANN has evaluated the proposed amendment to the .TRAVEL Registry Agreement as new registry services pursuant to the Registry Services Evaluation Policy and has posted amendments for public comment and Board approval (http://www.icann.org/registries/rsep/).

RESOLVED (2010.08.05.06), the .TRAVEL amendment is approved, and the President and General Counsel are authorized to take such actions as appropriate to implement the amendments.

    1. From the Security & Stability Advisory Committee

      1. Bylaw changes

Whereas, Article XI, Section 2, Subsection 2 of the Bylaws governs the Security and Stability Advisory Committee (SSAC).

Whereas, in its final report published 29 January 2010 http://www.icann.org/en/reviews/ssac/ssac-review-wg-final-report-29jan10-en.pdf, the Security and Stability Advisory Committee (SSAC) recommended SSAC membership appointments be for a term of three years renewable by the Board at the recommendation of the SSAC Chair indefinitely, and that the terms be staggered to allow for the terms of one-third of the SSAC members to expire at the end of every year.

Whereas, on 12 March 2010, the Board received the SSAC final report and directed the Structural Improvements Committee (SIC) to identify actions necessary to address the recommendations within the report, at http://www.icann.org/en/minutes/resolutions-12mar10-en.htm#1.6.

Whereas, Article XI, Section 2(2)(b) http://www.icann.org/en/general/bylaws.htm#XI of the Bylaws states that the SSAC chair and members shall be appointed by the Board, and does not state any term for such appointments.

Whereas, staff supporting the SIC have identified that a Bylaws amendment is required in order to implement the recommended change to the SSAC membership appointments.

Whereas, in Resolution 2010.06.25.04 the Board directed the CEO to have staff draft proposed Bylaws amendments addressing the recommendations arising out of the SSAC review Working Group and to post the proposed Bylaws amendments for public comment for a period of no less than 30 days.

Whereas, the proposed amendments were posted for public comment for a period of 30 days beginning 02 July 2010 and ending 01 August 2010,

Whereas, staff provided the Board with a summary and analysis of the public comments received and recommended that the Board approve the Bylaws revisions as posted at http://www.icann.org/en/general/proposed-bylaws-revision-ix-2-02jul10-en.pdf.

RESOLVED (2010.08.05.07), the Board approves the Bylaws revisions as posted for public comment in furtherance of the recommendations arising out of the SSAC review Working Group.

      1. Membership appointments to initial term lengths

Whereas, Article XI, Section 2, Subsection 2 of the Bylaws governs the Security and Stability Advisory Committee (SSAC).

Whereas, in its final report published 29 January 2010 http://www.icann.org/en/reviews/ssac/ssac-review-wg-final-report-29jan10-en.pdf, the Security and Stability Advisory Committee (SSAC) recommended SSAC membership appointments be for a term of three years renewable by the Board at the recommendation of the SSAC Chair indefinitely, and that the terms be staggered to allow for the terms of one-third of the SSAC members to expire at the end of every year.

Whereas, the Board, at Resolution 2010.08.05.xx approved Bylaws revisions that create three-year terms for SSAC members, require staggering of terms, and obligate the SSAC chair to recommend the re-appointment of all current SSAC members to full or partial terms to implement the Bylaws revisions. The SSAC Chair must provide those recommendations prior to 1 January 2011. As noted in the Bylaws, prior to 1 January 2011, the SSAC shall remain comprised as stated in the Bylaws as amended 25 June 2010.

Whereas, the Chair of the SSAC provided recommendations to the Board in fulfillment of his obligations under the Bylaws.

RESOLVED (2010.08.05.08), the Board accepts the recommendation of the SSAC Chair and appoints the following SSAC members to partial terms of one year commencing on 01 January 2011 and ending on 31 December 2011: Harald Alvestrand, KC Claffy, Steve Crocker, Rodney Joffe, Mark Kosters, Russ Mundy, Ray Plzak, Christophe Reverd, Mark Seiden, Bruce Tonkin, Stefano Trumpy, Patrick Vande Walle, Paul Vixie; the Board appoints the following SSAC members to partial terms of two years commencing on 01 January 2011 and ending on 31 December 2012: Alain Aina, Jaap Akkerhuis, Patrik Fältström, James Galvin, Douglas Maughan, Ram Mohan, Frederico Neves, John Schnizlein, Doron Shikmoni, Rick Wesson, Richard Wilhelm, Suzanne Woolf; the Board appoints the following SSAC members to full terms of three years commencing on 01 January 2011 and ending on 31 December 2013: Roy Arends, Jeffrey Bedser, Duncan Hart, Jeremy Hitchcock, Sarmad Hussain, Warren Kumari, Matt Larson, Xiaodong Lee, Danny McPherson, Shinta Sato, Vanda Scartezini, and Dan Simon.

    1. From the Structural Improvements Committee – Receipt of Final Report from RSSAC Review Working Group

Whereas, after public comment, the RSSAC review Working Group (WG) has delivered to the Structural Improvements Committee (SIC) its final report of activity, which contain conclusions and recommendations for enhancing the effectiveness of this structure;

Whereas, at its 22 July 2010 meeting, the SIC recommended that the Board receive the final report, thank the members of the RSSAC review WG, and dissolve the RSSAC review WG, which has fulfilled the tasks assigned to it at the time of establishment;

Whereas, the SIC also recommended that the ICANN Board direct the SIC with presenting a set of suggested implementation actions arising out of the Final Report for Board consideration and approval at the 28 October 2010 meeting of the Board.

Resolved (2010.08.05.09), the Board receives the final report of the RSSAC review Working Group.

Resolved (2010.08.05.10), the Board thanks the Chair and Members of the RSSAC review Working Group: Harald Alvestrand (Chair), Steve Crocker and Bruce Tonkin, for their commitment and ability to fulfil their tasks.

Resolved (2010.08.05.11), the Board dissolves the RSSAC review Working Group.

Resolved (2010.08.05.12), the Board directs the Structural Improvements Committee to present a set of suggested actions for approval at the October 2010 Board meeting, so as to address the conclusions and recommendations formulated in the final report of this Working Group.

    1. Receipt and Posting for Public Comment of the Application to be a New UDRP Provider – No resolution

    2. Approval of the At-Large Improvements Implementation Plan

Whereas, on 26 June 2009, the Board resolved to direct ICANN Staff to assist the At-Large community in developing a proposed implementation plan and timeline for the recommendations in the ALAC Review Final Report (except for the recommendation to provide At-Large with voting seats) and to submit these to the Structural Improvements Committee for review and Board approval. (Resolution 2009.06.26.12).

Whereas, at its 19 June 2010 meeting, the SIC acknowledged receipt from staff and the At-Large community of an implementation plan, with timeline, "ALAC/At‐Large Improvements Implementation Project Plan", dated 7 June 2010, and resolved to recommend it to the ICANN Board for consideration.

Whereas, at its 25 June 2010 Meeting, the Board directed ICANN's CEO to provide the Board with a summary of the " ALAC/At-Large Improvements Implementation Project Plan " dated 7 June 2010, for consideration at the next Board meeting, if practicable. (Resolution 2010.06.25.10).

It is hereby RESOLVED (2010.08.05.12), that the Board approve the ALAC/At-Large Improvements Project Plan and directs ICANN’s CEO to take action according to the ALAC/At-Large Improvements Implementation Project Plan and report back on the progress at the 2010 Annual General Meeting.

Resolutions 2010.08.05.01, 2010.08.05.02, 2010.08.05.03, 2010.08.05.04, 2010.08.05.05, 2010.08.05.06, 2010.08.05.07, 2010.08.05.08, 2010.08.05.09, 2010.08.05.10, 2010.08.05.11, and 2010.08.05.12 were approved in a single vote approving the consent agenda items. All Board Members present unanimously approved these resolutions.

Main Agenda:

  1. Delegation of IDN ccTLDs

The Board discussed the proposed resolutions regarding delegation of three IDN ccTLDs and the need for clarification of guidelines and processes for handling delegation requests in the IDN ccTLD Fast Track Process.

The Board then took the following actions:

RESOLVED (2010.08.05.13), the Board IANA Committee is directed, in coordination with ICANN’s CEO, to create improvements to the processes and new guidelines for implementation of the IDN ccTLD Fast Track process.

    1. Occupied Palestinian Territory

Whereas, the Occupied Palestinian Territory is a country currently listed in the ISO 3166-1 standard.

Whereas, فلسطين (“Falasteen”), encoded as “xn--ygbi2ammx”, is a string that has been deemed to appropriately represent the Occupied Palestinian Territory through the IDN Fast Track process.

Whereas, ICANN has received a request for delegation of فلسطين. to the Ministry of Telecom and Information Technology of the Palestinian National Authority.

Whereas, ICANN has reviewed the request, and has determined that the proposed delegation would be in the interests of the local and global Internet communities.

RESOLVED (2010.08.05.14), the proposed delegation of the فلسطين. domain to the Ministry of Telecom and Information Technology is approved.

    1. Tunisia

Whereas, Tunisia is a country currently listed in the ISO 3166-1 standard;

Whereas, تونس (“Tunis”), encoded as “xn--pgbs0dh”, is a string that has been deemed to appropriately represent Tunisia through the IDN Fast Track process;

Whereas, ICANN has received a request for delegation of تونس. to Agence Tunisienne d’Internet;

Whereas, ICANN has reviewed the request, and has determined that the proposed delegation would be in the interests of the local and global Internet communities;

RESOLVED (2010.08.05.15), the proposed delegation of the تونس. top-level domain to Agence Tunisienne d’Internet is approved.

    1. Jordan

Whereas, Jordan is a country currently listed in the ISO 3166-1 standard.

Whereas, الاردن (“al-Ordon”), encoded as “xn--mgbayh7gpa”, is a string that has been deemed to appropriately represent Jordan through the IDN Fast Track process.

Whereas, ICANN has received a request for delegation of الاردن. to the National Information Technology Center.

Whereas, ICANN has reviewed the request, and has determined that the proposed delegation would be in the interests of the local and global Internet communities.

RESOLVED (2010.08.05.16), the proposed delegation of the الاردن. domain to the National Information Technology Center is approved.

Nine Board members voted in favor of Resolutions 2010.08.05.13, 2010.08.05.14, 2010.08.05.15, and 2010.08.05.16. Two Board members were opposed to the resolutions, and three Board members abstained from voting on these resolutions. The resolutions carried.

  1. CEO’s Report

The Board received an update from the CEO on the written report previously presented to the Board, including achievements in the launch of DNSSEC.

  1. Chair Remuneration

The Chair recused himself from conversation on this topic.

The Board received an update from staff on the public comment period on this topic and budgeting issues. The Board then took the following action:

Whereas, the Board has determined that it is appropriate to consider reasonable compensation for the Chair of the Board of ICANN.

Whereas, in order for the Board to approve any level of compensation for the Board Chair the Bylaws must be revised.

Whereas, at the Board’s direction, the proposed Bylaws revisions providing for compensation for the Board Chair were posted for public comment for 30 days.

Whereas, in authorizing the consideration of Board Chair compensation and the posting of proposed Bylaws revisions, the Board followed all requirements to ensure that the Compensation Committee and the Board followed the process set forth in the United States Treasury Regulation intended to enable the Board to establish the presumption that the compensation to be paid to the Board Chair is reasonable (see http://www.icann.org/en/minutes/resolutions-25jun10-en.htm#7).

Whereas, the Board has confirmed that it has continued to follow all steps necessary to enable the Board to establish the presumption that the compensation to be paid to the Board Chair is reasonable for federal income tax purposes.

Whereas, the Board has considered the public comments, as well as all other information received, including the independent analysis from Towers Watson on reasonable compensation for the Board Chair.

RESOLVED (2010.08.05.17), the proposed revisions to ICANN’s Bylaws, Article VI, section 22, are hereby adopted and staff is directed to update the ICANN Bylaws accordingly.

RESOLVED (2010.08.05.18), the Board approves compensation for the Board Chair in the amount of $75,000 per year, to paid out on a pro-rata basis beginning as of 12:01 a.m. on 6 August 2010 as calculated at ICANN’s headquarters in Marina del Rey, California.

Eleven Board members voted in favor of the resolutions. Three Board members abstained from voting on the resolutions. The resolutions carried.

  1. International Dimension of ICANN

The Board discussed the proposed formation of a Global Relationships Committee to form a holistic approach to guiding ICANN’s internationalization, including impact to staff resources.

The Board then took the following action:

RESOLVED (2010.08.05.19), the Board confirms the establishment of a Board Global Relationships Committee and adopts the proposed Global Relationships Committee Charter. The Board Governance Committee shall provide recommendations for the composition of the Global Relationships Committee.

All Board members present unanimously approved these resolutions.

The Board then discussed potential topics of oversight of the newly-confirmed committee, including consultation with staff on relationships with global organizations.

  1. Approval of RSEP Request for Phased Allocation Program in .JOBS

The Board discussed with staff the process taken for the proposed amendment in the .JOBS sTLD, and raised questions regarding the scope of change this amendment would have on the charter of the sTLD.

The Board then took the following action:

Whereas, EmployMedia submitted a request pursuant to ICANN’s Registry Services Evaluation Policy to amend Appendix S of the .JOBS Registry Agreement permit the registration and allocation of .jobs domain names through a phased allocation process.

Whereas, the proposal was submitted to ICANN following the policy development process defined in its delegated authority in Appendix S as a sponsored TLD, with the endorsement of the sponsoring organization for .JOBS, the Society for Human Resource Management. The proposal is also consistent with other approvals to permit the registration and allocation of certain types of domain names via phased allocation mechanisms.

Whereas, ICANN has evaluated the proposed amendment to the Appendix S of the .JOBS Registry Agreement as a new registry service pursuant to the Registry Services Evaluation Policy and has posted amendments for public comment and Board approval (http://www.icann.org/registries/rsep/).

RESOLVED (2010.08.05.20), the .JOBS amendment is approved, and the President and General Counsel are authorized to take such actions as appropriate to implement the amendments.

Eleven Board members voted in favor of the resolution. One Board member was opposed to the resolution, and two Board members abstained from voting on the resolution. The resolution carried.

  1. Update on New gTLD program

Staff provided an update to the Board on the ongoing work on the New gTLD program, including the status of public comment periods on the fourth version of the Draft Applicant Guidebook and the work underway to prepare for the Board’s September retreat focusing on the New gTLD program.

  1. ICM Registry Application for .XXX sTLD

The Board took the following action:

Whereas, ICANN’s General Counsel has completed the expedited due diligence regarding ICM Registry, as directed by the Board, and has concluded that ICM has represented that its Application for the .XXX sTLD is still current and that there have been no negative changes in ICM’s qualifications.

Whereas, ICANN Staff is in consultation with ICM on a new proposed registry agreement for the .XXX sTLD and expects to receive a finalized proposal from ICM.

RESOLVED (2010.08.05.21), upon receipt of ICM’s application documentation, ICANN Staff is authorized to post ICM’s supporting documents and proposed registry agreement for the .XXX sTLD for public comment for a period of no less than 30 days. 

RESOLVED (2010.08.05.22), upon completion of public comment period, ICANN Staff shall provide the Board with a summary of the public comments and shall make a recommendation to the Board as to whether the proposed registry agreement for the .XXX sTLD is consistent with GAC advice. 

RESOLVED (2010.08.05.23), once the Board has received the above public comment summary and recommendation from the ICANN Staff regarding the proposed registry agreement for the .XXX sTLD, the Board shall at its next possible meeting, consider this recommendation, and determine, consistent with the ICANN Bylaws, whether a GAC consultation shall be required.

All Board members in attendance unanimously approved of this resolution.

  1. Data & Consumer Protection

The Board discussed how best to obtain information on this topic to determine whether an Issue Report should be called for to initiate the GNSO Policy Development Process.

The Board then took the following action:

Whereas, the use of registry data has been a topic of consideration, particularly as the subject relates to the registrant protection issues.

Whereas, given the import of the topic, further discussion is warranted.

RESOLVED (2010.08.05.24), the Board will establish a working group to identify issues relating to the use of registry data and where registrant protection might be further explored or proposed policies might be introduced.

RESOLVED (2010.08.05.25), the Board asks the Board Governance Committee to assist in following the Process for Establishment of Board Working Groups for the formation of a Registry Data Working Group, including the selection of members and drafting of proposed terms of reference.

All Board members in attendance unanimously approved of this resolution.

  1. From the ASO – Ratification of Proposed Global Policy for Autonomous System Numbers

The Board received an update from Staff on the process for Board consideration of the Proposed Global Policy and discussed the preferred path for consideration of the Proposed Global Policy given that there is no Board meeting scheduled during the period between the close of the public comment and the expiration of time for consideration.

The Board then took the following action:

RESOLVED (2010.08.05.26), the Board acknowledges the receipt of the Proposed Global Policy for Autonomous System Numbers, which is currently posted for public comment.

RESOLVED (2010.08.05.27), after the close of the public comment period, the Board Executive Committee is directed to consider the Proposed Global Policy for Autonomous System Numbers within the timeframe mandated under the ICANN/NRO Memorandum of Understanding.

All Board members in attendance unanimously approved of this resolution.

  1. UDRP Status Briefing

The Board noted the work proposed by staff regarding tighter controls over provider supplemental rules and noted anticipation of a more formal staff report.

  1. Any Other Business

The Board discussed issues relating to the cost of the reviews called for under the Affirmation of Commitments and the need to update the ICANN budget to accommodate those costs.

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."