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Voting Transcript | Special Meeting of the Board

Authorization for Board Member Travel Expenditure

(Off-the-record discussion.)

>>VINT CERF: Okay. We're going into formal recording mode. We are now on the record.

We are voting on a resolution by the board to authorize travel by the vice-chairman, Alex Pisanty, to attend the PrepCom meetings in Geneva that are coming up shortly.

The resolution reads that: The board authorizes Alex Pisanty to participate at PrepCom 3 and will undertake to pay his costs -- reasonable and customary costs for purposes of that participation.

Let me ask all those in favor, please say "aye."

>> Aye.

>>VINT CERF: Are there any opposed?

Okay.

>>ALEJANDRO PISANTY: I want to abstain.

>>VINT CERF: Passed.

And we will go --

>>ALEJANDRO PISANTY: One abstention.

>>VINT CERF: Now that we're off --

Approval of .CAT Sponsored Top-Level Domain Registry Agreement

(Off-the-record discussion.)

>>VINT CERF: Okay, we are on the record, and I am going to take a roll call vote to determine --

>>ALEJANDRO PISANTY: If you are needing a motion, so moved.

>>VINT CERF: We haven't gotten there yet.

I want to be on the record explaining who is on the call. Then I'll ask that the motion be placed on the table.

>>ALEJANDRO PISANTY: Okay.

>>VINT CERF: So let me take a roll call first to make sure we know who is present.

Raimundo.

>>RAIMUNDO BECA: Yes.

>>VINT CERF: Vint Cerf is speaking.

Mouhamet?

>>MOUHAMET DIOP: Yes.

>>VINT CERF: Demi Getschko?

>>DEMI GETSCHKO: Yes.

>>VINT CERF: Hagen Hultzsch?

>>HAGEN HULTZSCH: Yes.

>>VINT CERF: Joichi Ito?

>>JOICHI ITO: Yes.

>>VINT CERF: Veni Markovski?

>>VENI MARKOVSKI: Yes.

>>VINT CERF: Thomas Niles?

>>THOMAS NILES: Yes.

>>VINT CERF: Mike Palage?

>>MICHAEL PALAGE: yes.

>>VINT CERF: Alex Pisanty?

>>ALEJANDRO PISANTY: Yes.

>>VINT CERF: Hualin Qian?

>>HUALIN QIAN: Yes.

>>VINT CERF: Njeri Rionge?

Vanda Scartezini?

>>VANDA SCARTEZINI: Yes.

>>VINT CERF: Peter Dengate Thrush?

>>PETER DENGATE THRUSH: Yes.

>>VINT CERF: Paul Twomey?

>>PAUL TWOMEY: Yes.

>>VINT CERF: Okay. So we have a full complement of directors, with the exception of Njeri Rionge.

Mr. Secretary, perhaps, since I don't have it in front of me, do you have a fairly terse resolution which you could read for purposes of inviting any motion?

>>JOHN JEFFREY: Yes, I do.

Just a moment.

>>VINT CERF: Would you please do so.

>>JOHN JEFFREY: Sorry.

One moment.

>>PETER DENGATE THRUSH: Just while he's doing that, Vint -- Peter here -- could I just be referred to the part which is the answer to Sharil's question?

What's the language relating to the protection of geographic names that's been inserted in this contract?

>>VINT CERF: Okay, Peter, it's -- the GAC principles --

By the way, we're on the record right now, just in case you didn't remember that.

The GAC principles spoke to restrictions on geographic place names as registered items, unless, you know, it's been cleared by the parties with interest in those geographic place names.

The specific language can be found in the .travel contract and many of the others that have been agreed in the recent past.

>>SHARIL TARMIZI: Vint, sorry.

Peter, can I just (inaudible)?

>>VINT CERF: Yes, please.

>>SHARIL TARMIZI: Hearing what you've just said, actually, let me clarify there's two things.

One is geographic place names, and that is the one that you have (inaudible).

I would actually like that to be recorded that there has been no objection from those relevant governments. That's in accordance with the GAC principles.

But the other was the use of the country names and place names in the gTLD itself. For example, any -- you know, any type of, say, inappropriate registration of a country name in that gTLD.

And that was the second issue vis-a-vis what we had done earlier with .travel as well as .jobs.

>>VINT CERF: Okay. Peter, is that helpful?

>>PETER DENGATE THRUSH: No. I didn't really understand what the second part of that meant at all.

>>SHARIL TARMIZI: Well, if you remember, Peter, we had a long discussion on the (inaudible) and the WIPO II process as well as concerns by governments that their country names may be used in the new gTLDs in a way that may be inappropriate.

And we had taken steps as a board in Mar Del Plata, as I recall, to request that the president and general counsel could take into consideration those concerns in association with the contract.

(Inaudible) looking for clarification.

>>PETER DENGATE THRUSH: Sorry, Sharil. I'm missing most of the last half of each of your words.

>>SHARIL TARMIZI: Okay.

Radio check: One, two, three, four, five.

How do you read me now?

>>PETER DENGATE THRUSH: Got all of those things.

>>SHARIL TARMIZI: Okay.

This has to do with the use of country names in a gTLD.

The first part was what Vint correctly mentioned, and that related to the creation of a gTLD itself, if it has any geographic significance, should be done with the approval of -- or, rather, no objection from the relevant governmental authority of the area.

But the other is the use of country names in any new gTLD.

Was that clear?

>>PETER DENGATE THRUSH: Yeah. Thank you.

Okay, Peter, you probably also would find it useful to read the actual text. And I'm sure John Jeffrey or Mike Palage could point you precisely to it.

>>JOHN JEFFREY: It's Appendix 6, Section E, which is --

>>PETER DENGATE THRUSH: Thank you.

>>JOHN JEFFREY: -- which is entitled "Geographic and Geopolitical Names." That's the language that was added after the board suggested that we include language on this issue for jobs and .travel.

>>VINT CERF: These are all, essentially, reserved, make these terms reserved. They're not prohibited in the absolute, but they are reserved so that any use would be examined before permission would be --

>>SHARIL TARMIZI: Where was it again, John?

>>JOHN JEFFREY: It's in Appendix 6, Section E.

>>SHARIL TARMIZI: Of the draft registry agreement?

>>JOHN JEFFREY: Yeah. It starts on page 48 of the .cat agreement.

>>SHARIL TARMIZI: 48.

>>VINT CERF: Ladies and gentlemen, let me remind you that this is an interesting discussion to be having. It is much more than voting, and so, on the record, we're having this discussion, just so that you're reminded.

I don't find anything wrong with the discussion. Just a reminder that there's more in the conversation than the -- specifically voting.

Okay.

>>PETER DENGATE THRUSH: Could I just -- I can't find it in the documents that I've been given. Appendix E sets forth escrow agents' fees on the document I've got.

I wonder if I could just ask John to cut and paste --

>>JOHN JEFFREY: Yes.

It's Appendix 6. And I will cut and paste it and send it to the board list.

Or I can read it if it is useful.

>>PETER DENGATE THRUSH: No. I can probably find it from that.

Thanks, John.

>>VINT CERF: In fact, Peter, just by observation, it's now a practice, let me call it a standard practice, to incorporate those terms and conditions in contracts.

All right. What we need now is to have a reading of a proposed resolution that would permit the board to adopt, if it chooses, the contract that's been negotiated by staff with the operators of .cat.

So, John Jeffrey, let me ask if you would please read a proposed resolution.

>>JOHN JEFFREY: Yes, I will.

I have slightly amended it from the proposed resolutions that were forwarded to the board, just in the resolution part. And I will point out the slight amendment.

Proposed sTLD for .cat.

Whereas, the application for the delegation of .cat submitted by Fundacio puntCAT was determined by the independent evaluators to have met the baseline criteria, and, accordingly, the president and general counsel were authorized to enter into negotiations with the applicant relating to proposed commercial and technical terms for the .cat-sponsored top-level domain;

Whereas on 9 August 2005, the proposed .cat-sponsored TLD registry agreement was posted on the ICANN Web site -- it provides the URL -- and submitted to the ICANN board for approval;

Whereas, the board has determined that approval of the agreement and delegation of a .cat-sponsored top-level domain to Fundacio puntCAT would be beneficial for ICANN and the internet community, but also that the proposed delegation of this TLD -- Actually, I'm sorry, the sentence should end after "Internet community."

And then:

Resolved, that the proposed agreement with Fundacio puntCAT concerning the .cat sTLD is approved and the president is authorized to take such actions as appropriate to implement the agreement.

>>VINT CERF: Okay. Thank you very much.

If --

>>MOUHAMET DIOP: Mouhamet moves.

>>VINT CERF: May I have a second?

>>MOUHAMET DIOP: Mouhamet moves.

>>VINT CERF: Thank you.

Oh, Mouhamet moves. Thank you. Is there --

>>RAIMUNDO BECA: I second. Raimundo.

>>VINT CERF: I'm sorry. Did I hear a second?

>>RAIMUNDO BECA: I second. Raimundo.

>>VINT CERF: Thank you.

Is there any further discussion of the resolution to receive .cat?

>>SHARIL TARMIZI: Vint, there's one more from me, Sharil.

>>VINT CERF: Yes, please.

>>SHARIL TARMIZI: I am just wondering the usefulness of actually stating the -- no objection from the two relevant governments with regard to this issue in the resolution itself.

>>VINT CERF: I don't know that that's necessary. It will -- We can note it. Because we're on the record right now, we can note this on the record, that the communications have been received and that no objections were raised.

>>SHARIL TARMIZI: Okay. That would be, I suppose, okay, if it's not in the resolution, at least it's noted and recorded in some way.

>>VINT CERF: Unless you would prefer to have a "whereas" saying essentially the same thing.

Is that what you're asking?

>>SHARIL TARMIZI: That's what I'm looking for, yes.

>>VINT CERF: Ask general counsel, would there be any reason not to incorporate a "whereas" stating that the countries of Andorra -- governments of Andorra and Spain raise no objection to the institution of .cat?

>>JOHN JEFFREY: There had been verbal discussions with ICANN staff members from the Spanish government at one point regarding .cat.

So I think we could say no written.

>>VINT CERF: We had written communications from the countries of Andorra and Spain, if I remember correctly.

>>JOHN JEFFREY: Yes.

>>VINT CERF: So I would suggest we're --

>>SHARIL TARMIZI: Well, I'm not insisting on it, as long as there is sufficient chain of communications which is actually properly recorded. I'm just myself wondering whether it would be more prudent to have it on the resolution or -- or not.

>>PAUL TWOMEY: Vint, it's Paul.

>>VINT CERF: Yes, Paul.

>>PAUL TWOMEY: Are we in pens up or pens down?

>>JOHN JEFFREY: We're still on the record right now.

>>VINT CERF: We're still on the record.

>>PAUL TWOMEY: May I suggest that the resolution include "Whereas, ICANN received letters from" -- John, you'll have to fill in the names of the individuals from the government of Spain and the government of Andorra -- "stating they had no objections to this application."

And, John, can you also include the dates?

If you could just put that in the "whereas" to the resolution.

>>VINT CERF: I think that would be -- satisfy both Sharil's suggestion and would also satisfy the record. So I would treat that as a friendly amendment.

>>SHARIL TARMIZI: Thank you.

>>MICHAEL PALAGE: Vint, this is Mike.

Not to complicate this any more, but if we are going to add the "whereas," could we just note that the registry operator worked with those governments in getting the letter? I think that's important, that there was cooperation between the registry operator and the GAC members.

>>VINT CERF: I'm sorry, Mike, but I don't understand the point.

>>MICHAEL PALAGE: Well, the point -- Well, I think it's a significant point.

The consultation with the governments was in co- -- you know, they -- the registry operators did communicate with the relevant governments not in the letter. There was cooperation between the registry operator. It wasn't that they sent the letters in themselves.

>>VINT CERF: Oh.

>>MICHAEL PALAGE: It might be significant, but I won't belabor the point.

>>VINT CERF: Oh, I understand what you're getting at.

John -- By the way, Mike, are you on a mobile? Because you seem to be fading in and out.

>>MICHAEL PALAGE: Yes. I'm at the airport.

>>VINT CERF: Okay.

>>MICHAEL PALAGE: So I apologize.

>>VINT CERF: John, were you able to make out enough of that to add the point that Mike is suggesting?

>>JOHN JEFFREY: Yes, I was. And I will go over it again with the transcription.

>>VINT CERF: Okay. Thank you.

All right. So, Mike, we will make an attempt to incorporate the observation that you're making.

>>MICHAEL PALAGE: And it could be in the min- -- it doesn't have to be in the resolution. It could just be in my verbal --

I now have a motion, which has been amended to make reference to the governments of Spain and Andorra. I have a second.

And I ask now, is there any further discussion of the .cat matter?

Hearing none, I will make a roll call vote. If you vote in favor of this resolution, you will be authorizing the president to conclude negotiations to establish the .cat top-level domain.

Raimundo, how do you vote?

>>RAIMUNDO BECA: In favor.

>>VINT CERF: Vint Cerf votes in favor.

Mouhamet?

>>MOUHAMET DIOP: In favor.

>>VINT CERF: Demi Getschko?

>>DEMI GETSCHKO: In favor.

>>VINT CERF: Hagen Hultzsch?

>> HAGEN HULTZSCH: In favor.

>>VINT CERF: Joichi Ito?

>>JOICHI ITO: In favor.

>>VINT CERF: Veni Markovski?

>>VENI MARKOVSKI: In favor.

>>VINT CERF: Tom Niles?

>>THOMAS NILES: Opposed.

>>VINT CERF: Opposed [restating Director Niles vote]

Mike Palage?

>>MICHAEL PALAGE: In favor.

>>VINT CERF: Alex Pisanty?

>>ALEJANDRO PISANTY: In favor.

>>VINT CERF: Hualin Qian?

>>HUALIN QIAN: In favor.

>>VINT CERF: Njeri Rionge, are you on the call?

Apparently not.

Vanda Scartezini, how do you vote?

>>VANDA SCARTEZINI: In favor.

>>VINT CERF: Peter Dengate Thrush?

>>PETER DENGATE THRUSH: In favor.

>>VINT CERF: And Paul Twomey?

>>PAUL TWOMEY: In favor.

>>VINT CERF: I count all votes in favor with the exception of Thomas Niles, and Njeri Rionge is absent from the call.

So, Mr. Secretary, the president may proceed with .cat.

I'm sure our friend Amadeu will be pleased to hear that result.

Okay. Next item on the agenda is the --

>>JOHN JEFFREY: Are we off the record?

>>VINT CERF: We are now off the record.

Thank you.

 

 

Review of Proposed .XXX Sponsored Top-Level Domain Registry Agreement

(Off-the-record discussion.)

>>VINT CERF: Okay. Then we're now on the record.

We're going to consider a resolution concerning the .xxx top-level domain proposal. And I'm asking John Jeffrey, the secretary, to read the text of the proposed resolution.

>>JOHN JEFFREY: The resolution is as follows:

Whereas, an application for the delegation of .xxx submitted by ICM Registry, LLC, was submitted and was evaluated according to ICANN's designated sTLD processes, and it was determined by the ICANN board that the president and general counsel were authorized to enter into negotiations with the applicant relating to proposed commercial and technical terms for the .xxx-sponsored top-level domain;

Whereas, on 9 August 2005, the proposed .xxx-sponsored top-level domain registry agreement was posted on the ICANN Web site -- and then I provide the URL -- and submitted to the ICANN board for approval;

Whereas, the ICANN board has expressed concerns regarding issues relating to the compliance with the proposed .xxx registry agreement, parentheses, (including possible proposals for codes of conduct and ongoing obligations regarding potential changes in ownership), end parentheses, and has noted the importance of private registry agreements in creating contractual means for affecting registries and other actors of the Internet community for the public interest;

Whereas, ICANN has received significant levels of correspondence from the Internet community users over recent weeks as well as inquiries from a number of governments;

Resolved, that the ICANN president and general counsel are directed to discuss possible additional contractual provisions or modifications for inclusions -- for inclusion in the .xxx registry agreement to ensure that there are enforceable provisions requiring effective development and implementation of policies consistent with the principles in the ICM application. Following such additional discussions, the president and general counsel would return to the board for additional approval, disapproval, or advice.

That's the end.

>>VINT CERF: Okay. Thank you, John.

Sharil has fallen off.

>>JOHN JEFFREY: We will call him back.

>>ALEJANDRO PISANTY: Yes, I have him on IM, and he does wish to be called.

>>VINT CERF: Meanwhile, Sharil is not a voting member, so he doesn't affect the ability to carry out the vote.

>>ALEJANDRO PISANTY: Vint, can we go off record for an E-mail from Sharil that I don't know if he would like to speak about on record?

>>VINT CERF: We are on the record right now.

>>ALEJANDRO PISANTY: That's the point, whether we can go pens up.

>>VINT CERF: Before -- We haven't got this resolution --

>>ALEJANDRO PISANTY: Sharil is on again.

>>VINT CERF: We don't have the resolution on the table yet. We've only had it read. So the first question is whether there is a motion to place this on the table.

>>THOMAS NILES: So moved. It's Tom.

>>VENI MARKOVSKI: I second.

>>VINT CERF: Is there a second?

>>PETER DENGATE THRUSH: Yeah, Peter will second that.

>>VINT CERF: I heard two people. I will pick one.

>>VENI MARKOVSKI: Veni.

>>VINT CERF: Veni. Thank you.

>>THOMAS NILES: Are we off the record now?

>>VINT CERF: Well, we weren't.

Go off the record until --

>>ALEJANDRO PISANTY: I move to go off the record.

>>VINT CERF: Yeah, we are off the record.

(Off-the-record discussion.)

>>VINT CERF: All right. We're back on the record, folks, and we're now ready to vote.

I'm going to take a roll call on this vote, and we will discover whether we've lost any of the voting board members as a consequence of telephone problems.

>>JOHN JEFFREY: Could we also, for the record, read in the new resolution provision, Mr. Chairman?

>>VINT CERF: Yes. Go ahead.

>>JOHN JEFFREY: Resolved, that the ICANN president and general counsel are directed to discuss possible additional contractual provisions or modifications for inclusion in the .xxx registry agreement to ensure that there are effective provisions requiring development and implementation of policies consistent with the principles in the ICM application. Following such additional discussion, the president and general counsel would return to the board for additional approval, disapproval, or advice.

>>VINT CERF: Thank you very much, John.

All right, ladies and gentlemen, I think we're ready to have the roll call vote now on this resolution.

If you vote in favor, you will authorize the staff to enter into negotiations with ICM concerning additional terms and conditions of the contract to achieve some of the goals described in the resolution and in the "whereas" clauses preceding.

Let me ask Raimundo how you vote.

>>RAIMUNDO BECA: In favor.

>>VINT CERF: This is Vint Cerf, and I vote in favor.

Mouhamet?

>>MOUHAMET DIOP: In favor.

>>VINT CERF: Demi Getschko?

>>DEMI GETSCHKO: In favor.

>>VINT CERF: Hagen Hultzsch?

>> HAGEN HULTZSCH: In favor.

>>VINT CERF: Joichi Ito?

>>JOICHI ITO: In favor.

>>VINT CERF: Veni Markovski?

>>VENI MARKOVSKI: In favor.

>>VINT CERF: Tom Niles?

>>THOMAS NILES: In favor.

>>VINT CERF: Tom Niles?

>>THOMAS NILES: In favor.

>>VINT CERF: Thank you.

Mike Palage?

Mike Palage?

>>MICHAEL PALAGE: Abstain, Vint. I'm at the airport. For reasons -- Abstain for the reasons of Afilias providing the back end. I'm going to mute back again. Okay?

>>VINT CERF: Thank you.

Alejandro Pisanty?

>>ALEJANDRO PISANTY: I will abstain, Vint.

>>VINT CERF: I'm sorry. You're abstaining?

>>ALEJANDRO PISANTY: Yes, for the reason that I have voted against and I still don't see this provision to -- Well, just because I voted against. No further explanation at this point.

>>VINT CERF: For consistency, you're abstaining?

>>ALEJANDRO PISANTY: Yeah.

>>VINT CERF: Hualin Qian?

>>HUALIN QIAN: Abstention.

>>VINT CERF: Njeri Rionge? Is not present.

Vanda Scartezini?

>>VANDA SCARTEZINI: In favor.

>>VINT CERF: Peter Dengate Thrush?

>>PETER DENGATE THRUSH: In favor.

>>VINT CERF: And Paul Twomey?

>>PAUL TWOMEY: In favor.

>>VINT CERF: Mr. Secretary, I count -- one, two, three, four, five, six, seven, eight, nine, ten -- 11 in favor, three abstentions, and one absence from the meeting, Njeri Rionge.

So the board has instructed the staff to enter into further negotiations with ICM.

And, presumably, I would urge the staff to prepare for whatever public relations requirements there will be in explaining the actions of the board.

Ladies and gentlemen, we're after 7:00 my time here in Washington, so I think that we're going to have to draw this meeting to a close.

Are there any last-minute remarks before we adjourn this meeting?

All right. We will look forward to scheduling another meeting before the October face-to-face meeting. I'm not sure what the timing will be for that, but staff will help us achieve that.

So thank you all very much for working through a pretty complex set of issues. I look forward to seeing you at the next meeting.

This meeting is now adjourned.

(4:05 p.m.)

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."