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ICANN Board Resolutions in Cape Town, South Africa

Approval of Minutes

Resolved (04.97), that the minutes of the meetings of the Board on 26 June 2003, 23 July 2003, 8 August 2003, 19 August 2003, 9 September 2003, 12 September 2003, 13 October 2003, 18 October 2004, and 15 November 2004, are hereby approved and adopted by the Board as presented.

(Eleven votes in favor, none opposed, no abstentions.)

Meetings Committee Recommendations for 2005-2006

Whereas, ICANN has received several proposals for hosting ICANN meetings to be held in North America in November-December 2005, in Asia Pacific in March 2006, and in Africa in June 2006.

Whereas, the proposals have been reviewed by ICANN staff and the Meetings Committee, which review has resulted in the following recommendation from the Committee:

Resolved (04.98) that the President is authorized to make arrangements for meetings in Vancouver, Canada (30 November to 4 December 2005), Wellington, New Zealand (27-31 March 2006), and Marrakesh, Morocco (26-30 June 2006).

(Eleven votes in favor, none opposed, no abstentions.)

ICANN Strategic Plan

Whereas, ICANN posted a version of its Strategic Plan for public comment on 16 November 2004, setting forth ICANN's goals for securing long-term sustainability of its critical domain name and numbering system management responsibilities, including the necessary corporate structure and financial and personnel resources to meet such responsibilities.

Whereas, ICANN encourages public comment to ensure that community concerns are addressed and accounted for in the Strategic Plan through a lengthy public comment period where all relevant comments will be taken into consideration.

Resolved (04.99), that the President and the General Counsel are directed to extend the Strategic Plan public comment period through at least 28 February 2005, to consider all relevant input, to amend the plan as appropriate, and to submit the plan to the Board for final approval when ready.

(Eleven votes in favor, none opposed, no abstentions.)

.NET Request for Proposals

Whereas, on 6 March 2004 the ICANN Board authorized the President "to take steps to initiate the process as specified in Section 5.2 of the .net Registry Agreement for designating a successor operator for the .net registry, including referrals and requests for advice to the GNSO and other relevant committees and organizations as appropriate."

Whereas, on 31 March ICANN issued a formal request for guidance to the GNSO concerning the criteria for designating a subsequent operator for the .net TLD.

Whereas, on 29 June 2004, following a public comment period, the final procedure for the designating the successor operator for .net was approved by the ICANN Board.

Whereas, on 5 August 2004, following public comment periods, the GNSO council voted (with 21 votes in favor, 2 votes against, 2 votes abstained, 2 votes absent) and submitted their recommendation to ICANN regarding the criteria to be used in the .net designation.

Whereas, ICANN developed a draft .NET RFP based on the GNSO recommendation and posted it for public comment on 12 November 2004, which comment period was extended through 3 December 2004.

Whereas, all received comments have been considered, and changes has been made the draft .net RFP where appropriate.

Resolved (04.100), that the Board adopts the recommendation of the GNSO Council and authorizes the President and the General Counsel to post the final .NET RFP in accordance with the previously adopted procedure.

(Ten votes in favor, none opposed, Michael Palage abstained.)

Address Supporting Organization MOU Implementation

Whereas, on 21 October 2004, ICANN entered a new Address Supporting Organization (ASO) Memorandum of Understanding.

Whereas, this new ASO MOU replaces the version signed by ICANN and the RIRs in 1999 and amended in 2000.

Whereas, under the new MOU, the "Number Resource Organization" will fulfill the role of the ASO as defined within the ICANN Bylaws.

Whereas, Article VIII of the Bylaws states that the ASO "shall advise the Board with respect to policy issues relating to the operation, assignment, and management of Internet addresses."

Whereas, implementation of the new MOU will require an amendment to this Article VIII of the Bylaws, which currently refers to the 1999 version of the ASO MOU and includes a note indicating that, "This article is subject to amendment as a result of continuing discussion and the Regional Internet Registries."

Whereas, the General Counsel has prepared proposed amendments to the Bylaws that incorporate a reference to (and thus give effect to) the new ASO MOU <http://www.icann.org/legal/proposed-bylaws-amendments-04dec04.htm>.

Resolved (04.101) the Board welcomes the signing of the new ASO MOU, authorizes the General Counsel to post the proposed implementation amendments to the Bylaws for public comments through 31 December 2004, and agrees to consider those proposed Bylaws amendments at the next Board meeting.

(Eleven votes in favor, none opposed, no abstentions.)

2004 Nominating Committee Appointments

Whereas, Bylaws Article VII calls for the Board to appoint a non-voting Chair for the Nominating Committee;

Whereas, on 6 March 2004, ICANN appointed Mr. Jean-Jacques Damlamian as Chair of the Nominating Committee, to serve until the conclusion of the ICANN annual meeting in 2004 or until his earlier resignation, removal, or other disqualification from service;

Whereas the Nominating Committee Chair asked Pindar Wong to serve as Vice-Chair to assist him in the direction of the Nominating Committee, in lieu of the service of the immediately preceding Nominating Committee Chair as a non-voting advisor, as is contemplated for subsequent Nominating Committees by Bylaws Article VII, Section 2(2);

Whereas Linda Wilson served, in her capacity as immediately previous Nominating Committee Chair, as a non-voting advisor to both the Chair and Vice-Chair of the Nominating Committee;

Whereas the 2004 Nominating Committee consisted of delegates from each of ICANN’s constituencies and advisory bodies;

Resolved (04.102) that the ICANN Board expresses its deep appreciation to Jean-Jacques Damlamian, Pindar Wong, Linda Wilson, and all of the members of the 2004 Nominating Committee for their dedication, hard work, and successful efforts.

(Adopted by acclamation.)

Appointment of 2005 Nominating Committee Chair

Whereas, Article VII, Section 2(1) of the Bylaws calls for the non-voting Chair of the Nominating Committee to be appointed by the ICANN Board;

Whereas, the Board Governance Committee has recommended that George Sadowsky be appointed to chair the 2005 Nominating Committee, and Mr. Sadowsky has indicated a willingness to so serve;

Resolved, (04.103) that Mr. Sadowsky is appointed as Chair of the 2005 Nominating Committee, to serve until the conclusion of the ICANN annual meeting in 2005, or until his earlier resignation, removal, or other disqualification from service;

Resolved further, (04.104) that the President provide support by ICANN and other sources to the Nominating Committee as determined, in consultation with the Chair of the committee, to be appropriate for the discharge of its functions.

(Eleven votes in favor, none opposed, no abstentions.)

Response to GNSO Council Request to Maintain Three Representatives per Constituency

Whereas at the ICANN meeting in Tunisia on 31 October 2003, the Board resolved to allow the GNSO Council to maintain three representatives per constituency until the end of the ICANN annual meeting 2004; and resolved to perform a review of the GNSO Council in 2004 to include an analysis of the efficacy of having three representatives from each constituency on the GNSO Council.

Whereas the external review is not yet completed, and the GNSO Council has indicated its desire to extend the current arrangement of three representatives per constituency until the ICANN meeting in Mar del Plata, Argentina in April 2005.

Resolved, (04.105) the Board agrees to extend the current arrangement of three representatives per constituency until the ICANN meeting in Mar del Plata, Argentina in April 2005, to allow time for the external review to be completed following a public comment period, to allow time for ICANN to consider a proposed change to the ICANN bylaws to allow three representatives per constituency on an ongoing basis, and to allow an appropriate period for public discussion before changing the bylaws.

(Eleven votes in favor, none opposed, no abstentions.)

WIPO II Report Next Steps

Whereas, the World Intellectual Property Organization (WIPO) sent ICANN a letter dated 21 February 2003 providing information about two decisions that WIPO member states requested be transmitted to ICANN: (1) concerning the names and acronyms of international intergovernmental organizations, and (2) concerning the names of countries.

Whereas, in response to an invitation from the Board, advice and comments were received from the At-Large Advisory Committee (ALAC), the GNSO Council, the Governmental Advisory Committee (GAC), and the Intellectual Property Interests and the Commercial and Business Users Constituencies of the GNSO.

Whereas, pursuant to Board Resolution 03.83 directed ICANN's President formed a joint working group which included participants in the GNSO, the ALAC, and the GAC as well as Board members, for the purpose of analyzing the practical and technical aspects of implementing the WIPO recommendations, and notably the implications for the UDRP.

Whereas, the President's WIPO II Joint Working Group was unable to deliver a report during ICANN's Kuala Lumpur Meeting in June 2004 indicating that it could achieve consensus in its recommendations regarding these issues.

Whereas pursuant to Board Resolution 04.61 and 04.62, ICANN Staff was directed to investigate and analyze the Joint Working Group's report, and has commenced such review and investigation and has also commenced additional consultation, but has been unable to obtain enough information to be able to make a recommendation at this time.

Whereas the President, in his oral report to the Board on 5 December, stated that the analysis of the report of the Joint Working Group shows that there is no consensus among its members on the practical and technical aspects of implementing the WIPO recommendations, and notably the implications for the UDRP, that the staff has undertaken another consultation with the Senior Staff of WIPO with the purpose of seeking further advice on the findings of the Joint Working Group, that the staff has posted the Report of the Joint Working Group as well as the advisory received from WIPO for public comment, and that further consultations with the community are appropriate;

Whereas, based on the recommendations of the President in his oral report to the Board;

Resolved (04.106) staff is requested to undertake further analysis of the comments expected during the public comment period, the staff to undertake to consult the community members with the purpose of drawing up a report based on all these elements that, together with an appropriate draft Recommendation to be submitted for public comments, and that the Board be informed of the results of these efforts, including if appropriate a Recommendation, at its meeting in Mar del Plata in April 2005.

(Eleven votes in favor, none opposed, no abstentions.)

Reconsideration Committee 2004 Annual Report

(No Board action)

Core Principles and Corporate Governance Guidelines Recommendation from Board Governance Committee

Whereas, the bottom-up, consensus-based policy formation process, inter-related constituency groups, and the global nature of the Internet community require that ICANN maintain and enforce a carefully crafted set of Corporate Governance Principles in order to ensure the organization's reputation for independence and fairness.

Whereas, the Board Governance Committee has developed a document entitled of "Core Principles and Corporate Governance Guidelines."

Resolved (04.107), the President and General Counsel are directed to post the Board Governance Committee's "Core Principles and Corporate Governance Guidelines" for public comment, such comments to be taken into consideration in the finalization of the document to be undertaken by the BGC in preparation for adoption of the Principles by the full Board at a later meeting.

(Eleven votes in favor, none opposed, no abstentions.)

Ombudsman Bylaws Recommendation from Board Governance Committee

Whereas, the ICANN was pleased to announce recently that after an extensive International search, Frank Fowlie was selected as ICANN's first Ombudsman.

Whereas the Office of the ICANN Ombudsman is established by Article V of the ICANN Bylaws.

Whereas the Board Governance Committee has reviewed the various Bylaws provisions relating to the Office of the Ombudsman, and has determined that certain changes in the position would likely be beneficial both for the Office of the Ombudsman and the organization as a whole.

Resolved (04.108), the President and the General Counsel are directed to post the proposed Ombudsman bylaws amendments and proposed Ombudsman Management Principles for public comment, subject to review and finalisation by the Board at a future meeting.

(Eleven votes in favor, none opposed, no abstentions.)

Security and Stability Advisory Committee Appointments

Resolved (04.109) ICANN acknowledges the following individuals for service to ICANN by membership on the Security and Stability Advisory Committee: Steve Bellovin, Rob Blokzijl, David Conrad, Jun Murai, Ken Silva, and Rick Wesson.

Resolved (04.110) the following individuals are appointed to the SSAC: k c claffy, Rodney Joffe, Jon Peterson, Mike St. Johns, and Suzanne Woolf.

Resolved (04.111) Ray Plzak is appointed as Vice-Chair of the Security and Stability Advisory Committee.

(Eleven votes in favor, none opposed, no abstentions.)

Thanks to Lyman Chapin

(Note: the following is a copy of the resolution that was adopted without Lyman's presence in Kuala Lumpur.)

Whereas, Lyman Chapin was named to serve the ICANN Board by the Address Support Organization in October 2001, and concluded his service in May 2004;

Whereas, Lyman served ICANN as a valuable member of the Evolution and Reform Committee and the Audit Committee, and as chair of the Conflicts and Reconsideration Committees;

Whereas, Lyman carried out his duties as Director with skill, panache, a warm sense of humor, and an unfailing sense of responsibility and adherence to principles;

Whereas ICANN benefited from his technical expertise and specific knowledge of Internet design and operation;

Therefore the Board of Directors of ICANN resolves (04.76):

  1. That Lyman Chapin has earned the respect and deep gratitude of the ICANN Board and constituents for his long and faithful service; and
  2. That the Board expresses its great gratitude to Lyman Chapin for his service to the Board and the ICANN Community, and offers to him its wish for long and healthy life filled with satisfaction and success.

Thanks to Tricia Drakes

Whereas, Tricia Drakes has served as a Director of the Board of ICANN since June 2003;

Whereas, Tricia Drakes was selected for the ICANN Board by the Nominating Committee. Her current term will end after the conclusion of ICANN's annual meeting in 2004.

Whereas, Tricia has served with unmatched energy, honor and distinction as the Chair of the Reconsideration Committee, and as a member of the Board Governance Committee, Executive Committee, and Finance Committee;

Whereas, Tricia has brought tenacity, adherence to principles and a profound sense of responsibility to the mission of ICANN;

Whereas, ICANN and its Community has been shaped in countless ways by the tireless efforts of Tricia Drakes, most notably in her energy and enthusiasm to ensure ICANN’s appropriate maturing;

Therefore the Board of Directors resolves (04.112):

  1. That Tricia Drakes has earned the deep respect, gratitude and admiration of the Board and the ICANN community;
  2. That Tricia has brought discipline and devotion to duty and service to the highest level of distinction during her term of service;
  3. That the Board expresses on behalf of the ICANN Community and itself its highest appreciation for Tricia Drakes’ contributions and its wish for her future health, happiness and continued participation in the Internet community.

(Adopted by acclamation.)

Thanks to Ivan Campos

Whereas, Ivan Moura Campos has served as a Director of the Board of ICANN from 2000 to 2004, including during the ICANN reform process;

Whereas, Ivan was elected to the ICANN Board in the Year 2000 At Large election representing Latin America and the Caribbean. His current term will end after the conclusion of ICANN's annual meeting in 2004.

Whereas, Ivan has served with unmatched energy, honor and distinction as the Chair of the Finance Committee, and as a member of the Board Governance Committee and Meetings Committee;

Whereas, Ivan has brought tenacity, adherence to principles and a profound sense of responsibility to the mission of ICANN;

Whereas, the ICANN and its Community has been shaped in countless ways by Ivan’s tireless efforts, most notably in his energy, humor and enthusiasm for the realistic maturation of ICANN and its processes;

Therefore the Board of Directors resolves (04.113):

  1. That Ivan Moura Campos has earned the deep respect, gratitude and admiration of the Board and the ICANN community;
  2. That Ivan has brought discipline and devotion to duty and service to the highest level of distinction during his term of service; and
  3. That the Board expresses on behalf of the ICANN Community and itself its highest appreciation for Ivan Moura Campos’ contributions and its best wishes for his future health, happiness, and continued participation in the Internet community.

(Adopted by acclamation.)

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."