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Meeting Minutes for Special Meeting of the Board 18 April 2006

Special Meeting of the ICANN's Board of Directors was held via teleconference on 18 April 2006 and was called to order at 1:15 P.M. PDT US.

Vinton G. Cerf (Chairman) presided over the entire meeting. The following other Board Directors participated in all or part of the meeting: Raimundo Beca, Susan Crawford, Mouhamet Diop, Demi Getschko, Hagen Hultzsch, Joichi Ito, Veni Markovski, Alejandro Pisanty, Hualin Qian, Vanda Scartezini, Peter Dengate Thrush and Paul Twomey. Njeri Rionge was not present.

Liaisons present included Steve Crocker (SSAC), Daniel Dardailler (TLG), Roberto Gaetano (ALAC), Thomas Narten (IETF), Mohamed Sharil Tarmizi (GAC), and Suzanne Woolf (RSSAC). John Jeffrey, General Counsel and Board Secretary was also present. Other staff present included: Kurt Pritz, Vice President, Business Operations; Melanie Keller, Chief Financial Officer; David Conrad, General Manager, IANA; Daniel Halloran, Deputy General Counsel; Barbara Roseman, IANA Operations Manager; and, Maria Farrell, Policy Officer.

Review of Ombudsman Recommendations

The Board approved two confidential recommendations from the ICANN Ombudsman though two separate "Sense of the Board" resolutions, and authorized Staff to work with the ombudsman in performance of those recommendations. Ombudsman activities are conducted in confidence and the Ombudsman requested that the Board keep these matters confidential.

At the request of the Ombudsman, the Board acted to maintain the confidentiality of the Ombudsman process and accordingly, all Board Members present unanimously determined that the details and contents of the resolutions on the above matters were not appropriate for public distribution pursuant to Bylaws Article III, Section 5.

Approval of Expenditures in Support of "L" Root Server

The Board approved a confidential resolution regarding expenditures in support of the "L" Root Server. For security reasons, details of "L" Root changes are not disclosed publicly, and accordingly, all Board Members present unanimously determined that the details and contents of the resolutions on the above matters were not appropriate for public distribution pursuant to Bylaws Article III, Section 5.

Review of Proposed Redelegation of .UA — Ukraine

David Conrad introduced .UA redelegation request for discussion by the Board. Staff set out a history of the ccTLD and the identity of the party currently delegated to operate it as well as information regarding the requesting party.

Staff indicated that since the last board meeting additional investigation had been conducted to obtain more information on local community support of the redelegation, pursuant to the Board's previous request. Staff also provided background information on the operational and technical skills, geographic location, equitable treatment, and community and governmental support for the requestor.

Various questions were raised in an active Board discussion. Chairman Vint Cerf, Susan Crawford, Steve Crocker, Daniel Dardailler, Veni Markovski, Mohamed Sharil Tarmizi, Peter Dengate Thrush and Paul Twomey engaged staff in an active discussion requesting more information clarifying points related to local community support and concerns related to ICP-1 and RFC 1591.

Following the discussion, the proposed action was postponed until Staff has provided additional input. Staff and Paul Twomey indicated that the 10 May meeting would be too soon for additional information to be provided, and there was an agreement to try to have additional dialogue at or before the ICANN Meeting in Marrakech.

Review of Progress Regarding Proposed .TEL (Telnic) sTLD Registry Agreement  (for Board discussion)

Kurt Pritz presented the status of the negotiations and public comments received relating to the .TEL sTLD application and proposed agreement and reviewed the areas of concern that had been discussed through emails from board members.

Various board members including Chairman Cerf, Raimundo Beca and Mohamed Sharil Tarmizi requested that the Board have additional time to review the contractual agreements and to provide additional time for the community to provide comments to the agreement.

Following this discussion, Chairman Cerf obtained a sense of the board that it would be more appropriate for a board vote during the 10 May Board Meeting and asked the Secretary to add it to the agenda for that meeting.

Review of Progress Regarding Proposed .XXX (ICM) sTLD Registry Agreement

John Jeffrey provided a summary of the negotiations and changes made to the agreement by ICM since the community feedback provided in Wellington. He indicated that ICM has provided a final version of their proposal for a response to all concerns from the community and relating to the GAC Communiqué.

Chairman Cerf expressed the desire of ICM to have an up or down vote at the 10 May Meeting. John Jeffrey indicated that the ICM versions, including a letter from ICM would be published later that day for public comment.

Mohamed Sharil Tarmizi requested an update on whether there will be a response to the GAC regarding the items set out in the Communiqué in Wellington and it was confirmed by Paul Twomey that a response would be provided before the 10 May Meeting.

Various board members discussed concerns about the manner in which sTLD agreements guaranteed compliance by the registry operator with the terms, and whether the right level of policy enforcement processes are currently in place within the sTLD agreements to cover communities as complex as the adult entertainment community. Concerns were also expressed about how policy processes would be set up and whether an ICANN-like policy process was quick enough for the community in the .XXX application.

Chairman Cerf indicated that there would be additional discussion and if possible a vote on the .XXX application at the next Board Meeting.

Chairman Cerf adjourned the meeting at 3:04 PM PDT US.