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Minutes | Board Accountability Mechanisms Committee (BAMC) Meeting 24 February 2022

BAMC Attendees: Alan Barrett, Becky Burr, Edmon Chung, Patricio Poblete, León Sánchez, and Katrina Sataki

BAMC Member Appologies: Sarah Deutsch

ICANN organization Attendees: Franco Carrasco (Board Operations Specialist), Casandra Furey (Associate General Counsel), John Jeffrey (General Counsel and Secretary), Elizabeth Le (Associate General Counsel), Wendy Profit (Board Operations Senior Manager), and Amy Stathos (Deputy General Counsel)

The following is a summary of discussions, actions taken, and actions identified:

  1. Consideration of the Afilias Domains No. 3 Ltd. (Afilias) v. ICANN Independent Review Process (.WEB IRP) Final Declaration – Edmon Chung recused himself from the discussion noting potential conflicts of interest. At its 16 January 2022 meeting, the Board requested that the BAMC review, consider, and evaluate the .WEB IRP Final Declaration and recommendation, and provide the Board with its findings to consider and act upon before the organization takes any further action toward contracting for or delegation of .WEB. The Committee reviewed and discussed the background of the .WEB contention set as well as the .WEB IRP Final Declaration and the recommendation in that declaration. The Committee discussed that in light of the Panel's determinations and recommendation in the Final Declaration, as well as the claims raised in the IRP and in additional correspondence, it seems appropriate for ICANN to undertake an analysis of the allegations regarding the Domain Acquisition Agreement (DAA) between Nu Dotco, LLC (NDC) and Verisign, Inc. regarding .WEB, as well as the allegations regarding Afilias' conduct during the Auction Blackout Period in order to determine if any consequences are warranted with respect to any of the .WEB applications before moving forward with .WEB. Following discussion, the BAMC agreed to recommend that the Board: (a) ask the BAMC to review, consider and evaluate the claims relating to the DAA and the claims relating to Afilias' conduct during the Auction Blackout Period; (b) ask the BAMC to provide the Board with its findings and recommendations as to whether the alleged actions of NDC and/or Afilias warrant disqualification or other consequences, if any, related to any relevant .WEB application; and (c) direct ICANN to continue refraining from contracting for or delegation of .WEB until ICANN has made its determination regarding the .WEB application(s).

    • Actions: ICANN org to prepare relevant Board materials.
  2. Update re IRP Standing Panel Selection Process – The BAMC received an status update on the composition of the omnibus IRP Standing Panel. The org reported that on 17 February 2022, the names of the IRP Community Representatives Group were announced (Group). The Group members, which were empowered by Supporting Organizations and Advisory Committtees, are responsible for proposing a slate of nominees, for confirmation by the ICANN Board of Directors, to constitute the omnibus Standing Panel that will hear and resolve disputes filed under the IRP described in the ICANN Bylaws. The IRP Standing Panel candidates (Candidates) have been informed of the Group membership and have been asked to identify if they know any of the Group members. The Rules of Engagement, which govern how the parties involved in the selection process should conduct themselves, have been finalized and shared with the Candidates and the Group members. A first meeting of Group is being organized for immediately after ICANN73.

Published on 7 April 2022