Minutes | Board Accountability Mechanisms Committee (BAMC) Meeting 11 October 2017

Board Accountability Mechanisms Committee (BAMC) Attendees: Cherine Chalaby, Chris Disspain (Chair), Asha Hemrajani, Markus Kummer, Ram Mohan, and Mike Silber

BAMC Member Apologies: Rinalia Abdul Rahim

Other Board Member Attendees: Maarten Botterman, Becky Burr, and Louswies van der Laan

Invited Observers: Sarah Deutsch and Léon Sanchez

ICANN Organization Attendees: Akram Atallah, (President, Global Domains Division), Susanna Bennett (Chief Operating Officer), Michelle Bright (Board Content Senior Manager), John Jeffrey (General Counsel and Secretary), Vinciane Koenigsfeld (Board Training & Content Senior Manager), Elizabeth Le (Associate General Counsel), Wendy Profit (Manager, Board Operations), Lisa Saulino (Board Operations Senior Coordinator), and Amy Stathos (Deputy General Counsel)

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

1. Reconsideration Request 17-4 – Becky Burr abstained from the discussion noting potential conflicts. The BAMC received a briefing on Reconsideration Request 17-4 (Request 17-4), submitted by DotMusic Limited and dotgay LLC (Requestors), seeking reconsideration of ICANN organization's response to the Requestors' request for documents, pursuant to ICANN's Documentary Information Disclosure Policy (DIDP), relating to the Community Priority Evaluation process review. Upon evaluation, the BAMC found that Request 17-4 does not set forth a proper basis for reconsideration because ICANN organization adhered to established policies and procedures in its response to the joint DIDP Request. The BAMC concluded that ICANN organization did not violate ICANN's Mission, Commitments and Core Values or established ICANN policy(ies) in its response to the joint DIDP Request. Further, the BAMC found that the Requestors do not claim that the response to the joint DIDP Request is contrary to the DIDP Response process, nor do the Requestors provide any information to show how ICANN organization's Response violates ICANN's Mission, Commitments, or Core Values.
   • Actions:
     • ICANN organization to prepare materials for Board consideration.
2. Any Other Business
   • Amazon Independent Review Process Final Declaration - Becky Burr abstained from the discussion noting potential conflicts. The BAMC noted that at its 23 September 2017 meeting, the ICANN Board directed "the Board Accountability Mechanisms Committee (BAMC) to review and consider the [IRP] Panel's recommendation that the Board 'promptly re-evaluate Amazon's applications' and 'make an objective and independent judgment regarding whether there are, in fact, well-founded, merits-based public policy reasons for denying Amazon's applications,' and to provide options for the Board to consider in addressing the Panel's recommendation." (https://www.icann.org/resources/board-material/resolutions-2017-09-23-en#2.e) Upon discussion, the BAMC approved a recommendation that the Board ask the Governmental Advisory Committee (GAC) to provide the Board, within a set time, any new or additional information to provide to the Board as it relates to: (i) the merits-based public policy reasons, regarding the GAC's advice that the Amazon Applications should not proceed; or (ii) any other new or additional information regarding the GAC's advice that the Amazon Applications should not proceed.
     • Actions:
       • ICANN organization to prepare materials for Board consideration.

Published on 30 October 2017.