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Resolutions Adopted at Special ICANN Board Meeting | Special Meeting of the Board via Telephone

ccNSO Bylaws Clarifications

Whereas, On 26 June 2003, under Resolution 03.106 the ICANN Board at its public meeting in Montrial, Canada, discussed and resolved to amend the ICANN bylaws to include the ccNSO bylaws with full consensus and support from the ICANN community, in particular the ccTLDs.

Whereas, the ccNSO Launching Group provided to staff additional language changes of the ccNSO Bylaws for clarification purposes.

Whereas, these clarifications provide further clarity to the intent of specific provisions.

Whereas, the ICANN Board at its meeting in Rome, adopted a resolution recognizing the formation of the ccNSO, in accordance with the ICANN Bylaws Article XX, Transition Article (04.25).

Whereas, the Board also adopted resolution 04.26, requesting that staff post the proposed clarifications to the ccNSO Bylaws on the ICANN Website for public comment.

Whereas, under ICANN Board resolution 04.27 the Board agreed to consider the proposed ccNSO Bylaws during the next Board Meeting (19 April 2004).

Whereas, the on 11 March 2004 the ICANN staff posted for public comment the proposed corrections to the ccNSO Bylaws.

Whereas, these clarifications provide no substantive change to the bylaws, the Board concludes that adoption of the clarifications to the bylaws as stated in the proposal would be in the best interest of ICANN.

Resolved [04.32] that the amendments to Article IX, Section 4(2)(b), Section 10, and Section 11 of the Bylaws are hereby adopted as proposed.

Establishment of Independent Review Panel

Whereas, Article IV, Section 3(1) of ICANN's Bylaws provides that ICANN shall have in place a process for independent third-party review of Board actions alleged to be inconsistent with the Articles of Incorporation or Bylaws of the organization.

Whereas, an extensive search has been conducted to locate an international arbitration provider with an understanding of applicable international laws and California not-for-profit corporation law.

Whereas it was also deemed desirable that the international arbitration provider attempt to keep costs as low as possible through such standard operating procedures as the use of the Internet and the telephone for communications and the submission of documents.

Whereas, a proposal to provide independent arbitration services was submitted to ICANN by the International Centre for Dispute Resolution (ICDR) .

Whereas the ICDR is was created as a separate division of the American Arbitration Association, with administrative facilities in New York and a European office in Dublin, Ireland.

Whereas the ICDR offers multiple-member arbitration panels as well as single-member arbitration panels as required by Article IV, Section 3(6) of ICANN's bylaws.

Resolved, [04.33] that the President and the General Counsel are authorized to engage the services of the ICDR to provide independent review services in accordance with their proposal.

Resolved, [04.34] that the President and the General Counsel are authorized to continue soliciting and negotiating with additional independent arbitration service providers.

Extension of Deadline for Delegation of .pro Nameservers

Whereas, on 18 February 2004, ICANN's Board adopted resolution 04.15, approving the assignment of the .pro Registry Agreement to Registry Services Corporation, a Nevada corporation fully owned by Hostway Corporation.

Whereas section 5.3 of the .pro Registry Agreement provides "In the event that ICANN is unable, through use of commercially reasonable efforts, to have the Registry TLD delegated within the Authoritative Root-Server System to name servers designated by Registry Operator within two years after the Effective Date then this Agreement shall be automatically terminated without liability of either party to the other party and neither party shall have any further obligation hereunder."

Whereas the Effective Date of the .pro Registry Agreement was 3 May 2002.

Whereas the Registry Services Corporation dba RegistryPro has announced that it scheduled to go live on 1 June 2004, and has requested delegation of .pro to its name servers no later than 24 May 2004.

Whereas the Registry Services Corporation dba RegistryPro has been diligent in its operations since taking over the assignment of the .pro Registry Agreement, and has been following its announced schedule.

Resolved, [04.35] the President and the General Counsel are authorized to enter into the necessary and appropriate amendments to the .pro Registry Agreement to extend for one (1) month the deadline by which .pro must be delegated to nameservers designated by Registry Services Corporation dba RegistryPro.

Redelegation of .ps (Palestinian Territories)

Whereas, on 10 March 2000, in resolution 00.13, the Board authorized the President and staff to work with the ccTLD managers, Governmental Advisory Committee, and other interested parties to prepare draft language for ccTLD contracts, policy statements, and/or communications, including appropriate funding arrangements, to be presented to the Board and posted for public comment as soon as practicable;

Whereas, on 13 March 2001, in resolution 01.37, the Board directed ICANN management to press forward with continued vigor toward the completion of draft legacy agreements, and to pursue, as needed, acceptable ccTLD agreements;

Whereas, negotiators for the Palestinian Ministry of Telecommunications and Information Technology and ICANN have reached agreement, subject to the ICANN Board's approval and final verification of translated data by ICANN staff, on the terms of the ccTLD MoU for the .ps top-level domain;

Whereas, the President recommends that authorization be given to enter into this agreement subject to the foregoing;

Resolved [04.36] that the President is authorized to enter into on behalf of ICANN the ccTLD MoU for .ps in substantially the form as provided to the Board, with any minor corrections or adjustments, and verification of documentation, as appropriate; and

Resolved [04.37] that, upon signature of the agreement, the President is authorized to take such actions as appropriate to implement the agreement.

Redelegation of .ng (Nigeria)

Whereas, on 10 March 2000, in resolution 00.13, the Board authorized the President and staff to work with the ccTLD managers, Governmental Advisory Committee, and other interested parties to prepare draft language for ccTLD contracts, policy statements, and/or communications, including appropriate funding arrangements, to be presented to the Board and posted for public comment as soon as practicable;

Whereas, on 13 March 2001, in resolution 01.37, the Board directed ICANN management to press forward with continued vigor toward the completion of draft legacy agreements, and to pursue, as needed, acceptable ccTLD agreements;

Whereas, negotiators for NITDA and ICANN have reached agreement, subject to the ICANN Board's approval and final verification of translated data by ICANN staff, on the terms of the ccTLD MoU for the .ng top-level domain;

Whereas, the President recommends that authorization be given to enter into this agreement subject to the foregoing;

Resolved [04.38] that the President is authorized to enter into on behalf of ICANN the ccTLD MoU for .ng in substantially the form as provided to the Board, with any minor corrections or adjustments, and verification of documentation, as appropriate; and

Resolved [04.39] that, upon signature of the agreement, the President is authorized to take such actions as appropriate to implement the agreement.

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."