Minutes | Board Accountability Mechanisms Committee (BAMC) Meeting 14 April 2022

BAMC Attendees: Alan Barrett, Becky Burr, Sarah Deutsch, Patricio Poblete, León Sánchez, and Katrina Sataki

BAMC Member Apologies: Edmon Chung

ICANN organization Attendees: Michelle Bright (Board Operations Content Coordination Director), Franco Carrasco (Board Operations Specialist), Samantha Eisner (Deputy General Counsel), John Jeffrey (General Counsel and Secretary), Vinciane Koenigsfeld (VP-Board Operations), Elizabeth Le (Associate General Counsel), and Amy Stathos (Deputy General Counsel)

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

1. Consideration of Request for Urgent Consideration of Reconsideration Request 22-2 - The BAMC acknowleged the need to convene a meeting on short notice due to the time requirements under Article 4, Section 4.2(s) on request for urgent consideration. On this basis, the BAMC members agreed to waive notice. The BAMC received a briefing on a reconsideration request (Request 22-2), submitted by the Namibian Network Information Center (Pty) Ltd and Blacknight Internet Solutions, Inc. (collectively Requestors), seeking urgent reconsideration of alleged ICANN staff action regarding a travel waiver that participants are required to accept to attend the ICANN74 Public Meeting in person (ICANN74 In-Person Travel Waiver or Waiver). The Requestors allege that the Waiver is "unduly wide and harsh" and ask that Request 22-2 be considered on an urgent basis pursuant to Article 4, Section 4.2(s) of the ICANN Bylaws. The Requestors claim that urgent reconsideration is warranted because ICANN74 will be held on 13-16 June 2022 at The Hague and "[t]ravel arrangements must be made, and the closer it gets to the deadline the more difficult and expensive they become."

   The BAMC noted that under Article 4, Section 4.2(s) of the ICANN Bylaws, urgent consideration is available in certain circumstances with respect to requests for reconsideration of only "Board action or inaction," not staff action or inaction. The BAMC further determined that Section 4.2(s) requires requests for urgent consideration to be made "within two business days . . . of the posting of the resolution at issue," and only the Board—not staff—can issue resolutions. The BAMC found that although the Requestors assert that they are seeking reconsideration of both Board and staff action, the ICANN74 In-Person Travel Waiver was not adopted by the Board. As Request 22-2 acknowledges, the Requestors were not able to identify a resolution taken by the Board related to the Waiver. The BAMC concluded that because the Bylaws limit urgent consideration to matters concerning "Board action or inaction," there is thus no basis for urgent consideration of Request 22-2, which seeks reconsideration of alleged staff action. The BAMC noted that, pursuant to Article 4, Section 4.2(t) of the Bylaws, the Requestors are free to file a new reconsideration request within "the regular time frame" set forth in the Bylaws, and that in the interest of time, rather than requiring the Requestors to re-file, ICANN org will proceed with Request 22-2 under the regular time frame of the reconsideration process. The BAMC will ensure that Request 22-2 will be handled expeditiously, to the extent feasible and practicable.

   • Actions: ICANN org to notify the Requestors of the BAMC's determination on the request for urgent consideration, and to process Request 22-2 under the regular reconsideration process time frame.

Published on 30 May 2022