Minutes | Meeting of the Board Accountability Mechanisms Committee (BAMC) | 22 February 2024

BAMC Attendees: Becky Burr, Sarah Deutsch, Patricio Poblete, León Sánchez (Chair), and Katrina Sataki

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

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

1. Agenda review – The Chair reviewed the agenda for the meeting.

2. Procedural Evaluation of Reconsideration Request 23-2 – The Committee received a briefing on Reconsideration Request 23-2 (Request 23-2), submitted by the Intellectual Property Constituency (Requestor), seeking reconsideration of: (i) ICANN Board Resolutions 2023.10.26.11 and 2023.10.26.12, which revisited the Board's prior action on Recommendation 7 from the Cross-Community Working Group on New gTLD Auction Proceeds (CCWG-AP) Final Report; (ii) the ICANN Board's public comment of 6 December 2018 on the Initial Report of the CCWG-AP; (iii) the organization of the public comment phase on the Proposed Final Report of the CCWG-AP; (iv) ICANN Board Resolutions 2022.06.12.13 to 2022.06.26.16; and (iv) "actions and inactions involving the implementation of the ICANN Grant Giving Program." Following discussions, the Committee agreed to discuss Request 23-2 with the Requestor.

   • Action: BAMC Chair to reach out to the Requestor.

3. Consideration of Economic Analysis Per Board Resolution 2023.06.11.07 – The Committee noted that, pursuant to Board Resolution 2023.06.11.07, ICANN retained an independent economist, from a globally recognized economic consulting firm, who provided an economic analysis "regarding the current domain name system (DNS) marketplace with respect to the market power of .INFO and .ORG." After discussing the matter, the Committee agreed that it would be prudent and useful to post the economic report on ICANN's website and to provide Namecheap with an opportunity to submit any comments it might have in response to the economic analysis. The Committee also noted that taking these steps also addresses the Namecheap IRP Panel's recommendation relating to transparency, and could provide useful information for the BAMC and the Board to consider in determining next steps. The Committee agreed to send correspondence to Namecheap regarding the posting of the economic report and Namecheap's opportunity to comment on the analysis.

   • Action:

     • ICANN org to publish the economic analysis on ICANN's website.
     • BAMC Chair to send correspondence to Namecheap, Inc.
4. Update on IRP Implementation Oversight Team (IRP-IOT) – The Committee received a status update on the work of IRP-IOT.
5. Litigation Update – The Committee received a litigation update.