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Resolutions Adopted at Kuala Lumpur ICANN Board Meeting | Regular Meeting of the Board, Kuala Lumpur, Malaysia 23 July 2004

Adoption of ICANN Budget for Fiscal Year 2004-2005

Whereas, ICANN Bylaws Article XVI, Section 4 provides that "At least forty-five (45) days prior to the commencement of each fiscal year, the President shall prepare and submit to the Board, a proposed annual budget of ICANN for the next fiscal year, which shall be posted on the Website. The proposed budget shall identify anticipated revenue sources and levels and shall, to the extent practical, identify anticipated material expense items by line item. The Board shall adopt an annual budget and shall publish the adopted Budget on the Website."

Whereas, on 17 May 2004, in accordance with the ICANN Bylaws, ICANN posted its Proposed Budget for fiscal year 2004-05.

Whereas, the posted Proposed Budget was developed through a series of comprehensive consultations with ICANN constituencies, the Budget Advisory Group, and the ICANN Board Finance Committee.

Whereas, these consultations resulted in the Proposed ICANN Budget posted on 17 May 2004, and the Revised Proposed Budget posted on 21 July 2004.

Whereas, the Finance Committee of the Board has reviewed the Proposed Budget and Proposed Revisions, and has found that its adoption is in the best interests of ICANN.

Resolved [04.56], that the Board adopts the proposed budget as the annual budget of ICANN for the fiscal year 2004-2005.

Resolved [04.57], that the President and Staff are hereby authorized to continue collaboration with the various constituencies to finalize the appropriate mechanisms and model for collecting the needed revenue levels.

Board Committee Assignments

Resolved [04.58] that membership of the following Board committees be established, to continue on the basis of the charters as presently in effect:

Audit Committee

Raimundo Beca, Veni Markovski, Thomas Niles, and Njeri Rionge (Chair).

Board Governance Committee

Ivan Campos, Mouhamet Diop, Tricia Drakes, Hagen Hultzsch, Thomas Niles, and Alejandro Pisanty (Chair).

Conflicts of Interest Committee

Raimundo Beca, Hagen Hultzsch (Chair), Michael Palage, Hualin Qian, and Njeri Rionge.

Executive Committee

Tricia Drakes, Hualin Qian, and Njeri Rionge, along with the Board Chairman, Vice-Chairman and Paul Twomey, President of ICANN as an ex-officio member.

Finance Committee

Ivan Campos (Chair), Tricia Drakes, Hagen Hultzsch, Thomas Niles, and Michael Palage.

Meetings Committee

Ivan Campos, Mouhamet Diop, Veni Markovski (Chair), Michael Palage, and Hualin Qian.

Reconsideration Committee

Raimundo Beca, Tricia Drakes (Chair), Veni Markovski, and Njeri Rionge.

Registry/Registrar Request for Extension to Implement of Extensible Provisioning Protocol

Whereas, the publication on 26 March 2004 of RFC's 3730, 3731, 3732, 3733, 3734, and 3735, obligates most gTLD registry operators to implement Version 1.0 of the Extensible Provisioning Protocol by 1 August 2004.

Whereas, the Registry and the Registrar Constituencies have jointly requested an extension of time for the implementation of EPP.

Whereas, the Registry and Registrar Constituencies have held meetings in an attempt to develop a coordinated plan for implementation of the EPP v.1 across all gTLD registries.

Whereas, such a coordinated implementation would be beneficial and ease the transition and implementation necessary for registrars.

Whereas, it is apparent from the joint request from the two constituencies that an effort to develop a coordinated implementation plan is continuing and appears likely to be successful.

Whereas, granting the requested extension would allow for a smooth transition and implementation of EPP v1.0 and would be beneficial for the entire community of gTLD registries, registrars, and registrants.

Resolved [04.59], the President and General Counsel are authorized to issue an advisory providing an extension of all applicable gTLD registry EPP implementation deadlines to 31 December 2004.

WIPO II President's Working Group Recommendation

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, Board Resolution 03.83 directed the President to form a working group including 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, it was further resolved in Board Resolution 03.84 that the President and General Counsel were directed to investigate and analyze legal aspects of the relationship between ICANN's mission and the recommendations conveyed by the 21 February 2003 letter from WIPO, and to report to the Board and to the working group formed under Resolution 03.83 on the result of that investigation and analysis.

Resolved [04.60], the Board thanks Chair Jonathan Cohen and the members of the WIPO II President's Working Group for the preparation of this report.

Resolved [04.61], that the President and staff should proceed to investigate and analyze the Working Group’s Report and the General Counsel’s advice on the legal aspects of the relationship between ICANN’s mission and the 21 February 2003 WIPO letter.

Resolved [04.62], that following the investigation and analysis, President and Staff should produce a recommendation to the Board before the Cape Town Meeting, so that the Board may make its decision on the WIPO II recommendations during that meeting.

SSAC Report on Redirection in the COM and NET Domains

Whereas the Board has received the SSAC Report on Redirection in the COM and NET Domains dated 9 July 2004.

Whereas the report was the subject of presentations and discussions at ICANN's meetings in Kuala Lumpur, 19-23 July 2004.

Whereas, among other findings and recommendations, the report indicated that "There exist shortcomings in the specification of DNS wildcards and their usage. The defining RFCs should be examined and modified as necessary with a focus on producing two results: first, clarification of the use of synthesized responses in DNS protocols; second, provision of additional guidance on the use of synthesized responses in the DNS hierarchy."

Resolved [04.63], the Board thanks Chair Steve Crocker and the members of SSAC for the preparation of this report.

Resolved [04.64], the Board directs the President and Staff to confirm with the Internet Architecture Board its interpretation of the standards regarding wildcards in the DNS.

Resolved [04.65], the Board recommends that until such interpretation is confirmed, no new applications of wildcards be introduced in any TLDs.

Resolved [04.66], the Board recommends that any material changes in registry services should be done in a deliberate fashion, with appropriate notice and opportunity for community review, discussion, and consensus-building.

World Summit on the Information Society

Whereas, the Board thanks the organisers from the ICANN constituencies for the coordination of the Workshop on the World Summit on the Information Society (WSIS), and particularly recognises the continued initiatives of the At-Large Advisory Committee, the Business constituency, registries and registrars.

Whereas, the Board recognises with appreciation the participation at this ICANN meeting of Mr. Markus Kummer, Executive Coordinator, Secretariat of the UN Working Group on Internet Governance (WGIG) and thanks him for the information he provided on the ongoing work of the UN Working Group and for his willingness to engage in discussions at the ICANN meeting in Kuala Lumpur.

Whereas the Board recognises the contributions of all the constituencies to the workshop, and that of Mr. Kummer.

Whereas, the Board recognises the interest of the ICANN community in the deliberations in the WSIS in general and the formation and work of the UN Working Group in particular, as well as the interest in participating in the process.

Whereas, the Board reconfirms the willingness and interest of the ICANN community to assist in the provision of detailed information to the participants of the UN Working Group and of the WSIS process on the role of, and work undertaken by, the entities of the technical community, the private sector, civil societies, and governments in the coordination of the unique parameters of the Internet's system of unique identifiers and its associated technical policies.

Whereas, the Board recognises that a great many entities around the globe participate in the development, innovation, provisioning, and governance of the many elements of the Internet; that it underlines its interest and willingness to engage in close co-operation with these entities as far as it affects ICANN’s mission.

Resolved [04.67], the Board acknowledges the value of the provision to the UN Working Group as well as participants in the WSIS process, where requested, of relevant information on the ICANN mission and of any further engagements which may assist in the furtherance of the discussions in this context.

Internationalized Domain Names

Whereas, the ICANN Board recognizes that it is important that the Internet evolve to be more accessible to those who do not use the ASCII character set.

Whereas, the Board notes that the internationalization of the Internet’s domain name system must be accomplished through standards that are open, non-proprietary, and fully compatible with the Internet's existing end-to-end model and that preserve globally unique naming in a universally resolvable public name space.

Whereas, the IETF has adopted a four-part protocol suite defining a standard for internationalized domain names in applications that was published as RFCs 3490, 3491, 3492, and 3454.

Whereas, a broad range of registries, experts, and other stakeholders in the ICANN community have been working hard for several years to develop registry-level registration policies, for example RFC 3743.

Whereas, the ICANN Board has had Working Groups investigate facts and identify issues that may arise concerning IDN’s and these Committees have reported to the community.

Whereas, the Board reiterates the importance of implementing the technical standards for IDN’s in a coordinated manner, that does not destabilize the global, single root, unique identifier system.

Whereas the Board recognises that significant work remains to be undertaken outside of ICANN's scope in order to provide end-to-end availability of IDN's to end-users and that close co-ordination of these efforts is needed.

Whereas, ICANN is committed to the further study of IDNs in the TLD space, and commits to facilitating venues in which IDN can be discussed, and encourages venues to further encourage the implementation of IDNs.

Resolved [04.68] that the ICANN staff report to the Board and community on the implementation status of IDNs and pending issues.

Resolved further [04.69] that the ICANN staff work with registries and other administrators who use IDNs to report back on usability, successes, and other relevant experiences.

Resolved [04.70] to thank the IDN Workshop organizers and participants for their important contributions to the Workshop, and sharing of knowledge on issues surrounding the implementation of IDN.

Resolved [04.71] that the Board instructs the President to establish a President's Advisory Committee on IDN, to provide the Board and ICANN community with advice on issues that relate to IDN policies, in particular issues that impact the implementation of IDN especially at the top level.

Designation of Cape Town as the 2004 Annual Meeting

Whereas, ICANN Bylaws Article VI, Section 13, requires that each annual meeting for ICANN be held at the principal office of ICANN, or any other appropriate place of the Board's time and choosing, provided such annual meeting is held within 14 months of the immediately preceding annual meeting.

Whereas, the Board will be meeting in Cape Town, South Africa on 5 December 2004.

Whereas, the Board desires to designate its meeting on 5 December 2004 as the 2004 Annual Meeting for ICANN.

Resolved [04.72] that the Board hereby designates the 5 December 2004 meeting in Cape Town, South Africa as the 2004 Annual Meeting for ICANN.

Congratulations on the Inaugural Meeting of the ccNSO Council

Whereas, the ICANN Board meeting in Montreal resolved [03.106] to adopt the amendment to the ICANN bylaws to establish the ccNSO.

Whereas the Board resolved [03.108] that the nine ccTLD members of the ccNSO Assistance Group call for an additional six members to form the ccNSO Launching Group.

Whereas the ICANN Board resolved [03.109] that the Launching Group shall have the responsibility to solicit additional ccTLD managers and that the ccNSO shall be deemed constituted once thirty members have joined.

Whereas, the ICANN Board further resolved [03.110] that the Launching Group shall also have the authority to establish a schedule and procedures for the selection of the initial ccNSO Council.

Whereas, at the ICANN Board meeting in Rome on 6 March 2004, the ICANN Board recognized and warmly welcomed the announcement of the constituted ccNSO as posted on 1 March 2004.

Whereas, the ccNSO adopted election procedures and held their first successful election for the ccNSO council positions.

Whereas, on 23 June 2004, an Election report was issued by the Election Supervisors.

Whereas, the Board notes upon the completion of the schedule and procedures for the selection of the initial ccNSO Council, the Launching Group completed its responsibilities.

Whereas, the Board warmly thanks the members of the ccNSO Launching Group for their very hard work and commitment to the task.

Whereas, the ccNSO Council selected Chris Disspain as the interim Chair of the ccNSO Council.

Whereas, the ccNSO conducted its first successful Council meeting on 21 Thursday 2004 in Kuala Lumpur.

Resolved [04.73], that the ICANN Board wishes to express their warm thanks to the Election Supervisors, Hartmut Glaser, Ken Fockler and Jim Higgins, for their hard work and effort in conducting the first ccNSO council election. Also, the ICANN Board would like to congratulate Chris Disspain on his selection as interim chair of the ccNSO Council and would also like to congratulate the ccNSO Council members, Victor Ciza; Paulos B. Nyirenda; Yann Kwok; Hirofumi Hotta; Christopher Disspain; Young Eum Lee; Bart Boswinkel; Olivier Guillard; Petr Kral; Patricio Poblete; Eduardo Santoyo; Oscar Alejandro Robles-Garay; Dotty Sparks de Blanc; Bernard Turcotte, and Fernando Espana, on conducting its first Council meeting.

Acknowledgement of AfriNIC Application

Whereas, AfriNIC has made considerable strides towards fulfillment of the ICP-2 provisions, and appears to be on-track towards provisional, and subsequent full ICANN recognition.

Whereas, ICANN has received a letter dated 21 July 2004 from AfriNIC indicating its willingness to start the recognition process.

Whereas, ICANN recognizes the substantial contributions of many organizations and individuals in the ICANN community, and calls on all participants to continue their support.

Whereas, the Board looks forward to future AfriNIC updates on progress towards full status as an ICANN recognized Regional Internet Registry.

Resolved [04.74], the ICANN Board enthusiastically anticipates receiving AfriNIC's application for recognition.

Further Resolved [04.75], the Board would like to heartily congratulate AfriNIC, particularly Adiel Akplogan and the AfriNIC Board of Trustees on having reached this point in their progress towards establishment as an ICANN-recognized Regional Internet Registry through the ICP-2 process.

Thanks to Lyman Chapin

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 Sponsors and Staff

The Board also extends its thanks to all sponsors of the meeting, including Afilias; NeuLevel; Time Dotcom; VeriSign; Cisco Systems, Australia; Getronics; Multimedia Development Corporation; Malaysia dotTV; MYNIC; NEC Malaysia; NTT.MSC; PIR.ORG; TM Net; Webcc; Maxis; Astro; Caperange Wireless; and Digi Communications.

We would like to acknowledge the effort made by the staff of the Shangri-La hotel to meet all of our many requests.

The Board expresses its great appreciation to the ICANN staff present here in Kuala Lumpur; Laura Brewer; and Terri Darrenougue and the rest of the ICANN staff for their dedicated efforts in ensuring the smooth operation of the meeting.

Thanks to Our Hosts

Whereas, ICANN has successfully completed its July 2004 ICANN meeting in Kuala Lumpur.

Whereas, the gracious and warm hospitality, splendid facilities, strong support, and close attention to fulfilling the needs of participants have all been truly magnificent.

It is therefore resolved [04.77], the ICANN Board expresses its deep appreciation and thanks, on its own behalf and on behalf of all participants, to the Malaysian Organizing Team, to our hosts, and to the Malaysian Communications and Multimedia Commission.