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Minutes | Regular Meeting of the ICANN Board | 22 September 2022 22 September 2022

A Regular Meeting of the ICANN Board of Directors was held in person in Kuala Lumpur, Malaysia, on 22 September 2022, at 10:30 local time.

Maarten Botterman, Chair, promptly called the meeting to order.

In addition to the Chair, the following Directors participated in all or part of the meeting: Alan Barrett, Becky Burr, Edmon Chung, Sarah Deutsch, Avri Doria, Danko Jevtović, Akinori Maemura, Göran Marby (President and CEO), Mandla Msimang, Ihab Osman, Patricio Poblete, León Sánchez (Vice Chair), Katrina Sataki, Matthew Shears, and Tripti Sinha.

The following Board Liaisons participated in all or part of the meeting: Harald Alvestrand (IETF Liaison), Manal Ismail (GAC Liaison), James Galvin (SSAC Liaison), and Kaveh Ranjbar (RSSAC Liaison).

Chris Chapman, Wes Hardaker, Christian Kaufmann, and Sajid Rahman were in attendance as invited observers.

Secretary: John Jeffrey (General Counsel and Secretary).

  1. Consent Agenda:
    1. Completion of the Second Organizational Review of the RSSAC (RSSAC2)
    2. Appointment of Root Server Operator Organization Representatives to the RSSAC
    3. Security and Stability Advisory Committee (SSAC) Member Appointments
    4. March 2024 ICANN Meeting Venue and Hotel Contracting
  2. Main Agenda:
    1. Deferral of the Third Review of the Registration Directory Service (RDS3)
    2. Initiating the Implementation of SAC113 Recommendation 1
    3. ccNSO proposed policy on retirement of ccTLDs
    4. Approval of Guidelines for Implementation of Internationalized Domain Names Version 4.1
    5. Thank You to Ihab Osman for his service to the ICANN Board
    6. Thank You to Mandla Msimang for her service to the ICANN Board
    7. Thank You to Akinori Maemura for his service to the ICANN Board
    8. Thank You to Kaveh Ranjbar for his service to the ICANN Board
    9. Thank You to the local supporting organization of ICANN75 Meeting
    10. Thank You to Sponsors of ICANN75 Meeting
    11. Thank You to Interpreters, Staff, Event and Hotel Teams of the ICANN75 Meeting
    12. Thank You to Scribes
    13. Thank You to Community Members

 

  1. Consent Agenda:

    The Chair opened the meeting and introduced the Consent Agenda. León Sánchez moved and Tripti Sinha seconded. The Chair called for a vote and the Board took the following action:

    1. Completion of the Second Organizational Review of the RSSAC (RSSAC2)

      Whereas, the second Organizational Review of the Root Server System Advisory Committee (RSSAC2 Review) commenced in April 2017, in accordance with Article 4, Section 4.4 of the ICANN Bylaws.

      Whereas, on 3 May 2019, the ICANN Board accepted the Final Report from the Independent Examiner, and the Feasibility Assessment, and also directed the RSSAC to convene an RSSAC2 Review Implementation Working Group (Implementation Working Party) to further the implementation plan of the recommendations, as detailed in the Feasibility Assessment, including appropriate implementation costing.

      Whereas, on 12 March 2020, the ICANN Board accepted the RSSAC2 Review Detailed Implementation Plan and directed the Implementation Working Party to continue implementation, and to provide updates to the Organizational Effectiveness Committee of the ICANN Board (OEC) through written implementation reports on progress every six months.

      Whereas, the OEC and ICANN Board received periodic, 6-month reports on the progress of the review implementation from RSSAC2 Review Implementation Working Party on 24 June 2020, 9 December 2020, 3 June 2021, and 13 December 2021, and a Final Implementation Report on 14 June 2022.

      Resolved (2022.09.22.01), the ICANN Board acknowledges the implementation work of the RSSAC aimed at improving the effectiveness, transparency, and accountability of the RSSAC, in line with the findings and recommendations from the Independent Examiner and the subsequent Detailed Implementation Plan, and accepts the status of implementation of recommendations from the RSSAC2 Review as reported by the RSSAC, thereby completing the RSSAC2 Review.

      Resolved (2022.09.22.02), for the two recommendations for which the RSSAC has reported that work is dependent on the Root Server System Governance Working Group (RSS GWG), the Board requests the RSSAC to provide periodic updates on progress toward completing implementation, starting within six months from this Board action.

      Rationale for Resolutions 2022.09.22.01 – 2022.09.22.02

      Why is the Board addressing the issue? 

      To ensure the ICANN multistakeholder model remains transparent and accountable, and to improve its performance, ICANN conducts Organizational Reviews of its Supporting Organizations, Advisory Committees (other than the Governmental Advisory Committee) and the Nominating Committee, as detailed in Article 4, Section 4.4 of the ICANN Bylaws.

      Reviews are critical to maintaining an effective multistakeholder model and in helping ICANN achieve its mission, as detailed in Article 1 of the Bylaws. Reviews also contribute to ensuring that ICANN serves the public interest.

      The second Root Server System Advisory Committee Review (RSSAC2 Review) commenced in April 2017. The Independent Examiner conducting the review produced a Final Report that was published in July 2018. The Final Report included forty-two (42) findings resulting from their research and qualitative analysis, and six (6) recommendations designed to address those findings.

      The ICANN Board accepted the RSSAC2 Review Detailed Implementation Plan on 12 March 2020. The RSSAC2 Review Implementation Working Party implemented the six recommendations, including those with dependencies and a part of a continuous improvement process. The status of recommendations and the level of remaining implementation work as of 14 June 2022 is documented in the Final Implementation Report that RSSAC produced at the request of the Board. Details of the activities that the RSSAC has carried out towards implementation and the rationale for the RSSAC2 Review conclusion are also provided in the Final Implementation Report.

      The role of the ICANN Board is to ensure that the review process was in compliance with the relevant Bylaw provisions.

      What is the proposal being considered?

      The proposal being considered is for the Board to acknowledge the implementation work of the RSSAC aimed at improving the effectiveness, transparency, and accountability of the RSSAC, in line with the findings and recommendations from the Independent Examiner and the subsequent Detailed Implementation Plan, and accept the status of implementation of recommendations from the RSSAC2 Review as reported by the RSSAC, thereby completing the RSSAC2 Review. The Board is also being asked to consider requesting the RSSAC to provide periodic updates on progress toward completing implementation of the two recommendations for which the RSSAC has reported that implementation is dependent on the work of the RSS GWG, starting within six months from this Board action.

      RSSAC response to the recommendations

      In its Feasibility Assessment, the RSSAC2 Review Working Party (Implementation Working Party) accepted the six recommendations, and noted any objections or proposed modifications to recommendations where applicable, along with supporting rationale. The ICANN Board accepted the RSSAC2 Review Detailed Implementation Plan and the RSSAC2 Implementation Working Party proceeded with implementation work to address the findings identified by the Independent Examiner and supported by the RSSAC. The ICANN Board, through the OEC, received periodic, 6-month reports on the progress of the review implementation from the Implementation Working Party on 24 June 2020, 9 December 2020, 3 June 2021, and 13 December 2021, and a Final Implementation Report on 14 June 2022.

      Implemented recommendations

      The ICANN Board agrees with the RSSAC that the implementation of the six recommendations from the Second Organizational Review of the RSSAC is complete, including a dependency and continuous improvement process.

      The following recommendations are implemented, and part of a continuous improvement process:

      • Recommendation 3: Formalize the responsibilities of the RSSAC to the ICANN Board and community in a work plan that is periodically reviewed and published, and hold the RSSAC accountable for work plan deliverables.
      • Recommendation 3a: Engage in ongoing threat assessment and risk analysis of the Root Server System and recommend any necessary audit activities to assess the current status of root servers and root zone.
      • Recommendation 4: Develop and implement a leadership training and succession plan.
      • Recommendation 5: Engage more actively with the rest of ICANN and its community.

      The implementation of the following two recommendations is dependent on the progress of Root Server System Governance Working Group (RSS GWG):

      • Recommendation 1a: Extend RSSAC membership by invitation to any qualified person.
      • Recommendation 6a: Develop a more effective and transparent process for defining RSSAC Caucus projects, engaging its members and managing its membership, managing its work, and promoting its output.

      RSSAC noted that it will continue to actively engage in threat assessment and risk analysis of the RSS as well as the rest of ICANN and its community. With all the progress noted on the previous Implementation Progress Reports, from a project management perspective, the Implementation Working Party considers the implementation of Recommendation 3a and Recommendation 5 as steadily ongoing as part of the RSSAC operations and continuous improvement process, and complete. RSSAC will also continue to monitor the progress of RSS GWG with specific attention to how the outcome of the RSS GWG work will address the implementation of Recommendation 1a and Recommendation 6a.

      Consequently, the Implementation Working Party considers that the implementation of the second RSSAC Organizational Review is completed with the submission of its fifth and Final Report (14 June 2022).

      Board considerations and actions

      In taking this action, the ICANN Board relies upon all relevant documents pertaining to the RSSAC2 Review in detail. Specifically, it considered the Independent Examiner's Final Report and the RSSAC2 Review Working Party (Implementation Working Party) Feasibility Assessment, the Public Comment input, presentations from the Independent Examiner and the Implementation Working Party, and input from the RSSAC with regard to work completed after the Final Report and Feasibility Assessment were submitted to the OEC.

      The Board accepts that the RSSAC has made considerable progress on the implementation of recommendations since the RSSAC2 Review Detailed Implementation Plan, and has provided an appropriate response to each of the findings presented by the Independent Examiner during the Review. As such, the typical cadence and process for Organizational Reviews has been completed by the work and progress of the RSSAC toward implementation.

      The ICANN Board is requesting the RSSAC to provide periodic updates on progress toward completing implementation of the two recommendations for which the RSSAC has reported that work is progressing under the Root Server System Governance Working Group (RSS GWG), starting within six months from this Board action.

      Which stakeholders or others were consulted?

      The ICANN community, including the RSSAC itself1, provided input during the Review process (including stakeholder interviews, an online survey, and Public Comment proceeding). No further input is required. 

      What concerns, or issues were raised by the community?

      The RSSAC noted that it had concerns about the report and believed several recommendations (2a, 3b, 3c, 6, 6b and 6c) were out of scope of the review. Specifically, the RSSAC noted that it believed the report failed "to comment on the efficacy of the RSSAC as an advisory committee", and concentrated "much of its effort on how the RSSAC is perceived, rather than on how well it functions".

      In addition to the Public Comment consultation feedback, the RSSAC also provided direct feedback to the Independent Examiner on initial drafts of the Assessment Report, Draft Final Report and Final Report. The RSSAC's concerns were addressed prior to RSSAC2 Review implementation activity.

      What factors did the Board find to be significant?

      The Board found it significant that the RSSAC had concerns with the Independent Examiner's Final Report, and notes that improvements to the Organizational Reviews addressed by the Third Accountability and Transparency Review (ATRT3) in its recommendations will inform the future of Organizational Reviews.

      Are there positive or negative community impacts?

      This ICANN Board action is expected to have a positive impact on the community as it supports the continuing process of facilitating periodic reviews of the ICANN Supporting Organizations and Advisory Committees, as mandated by the Bylaws.

      Are there fiscal impacts or ramifications on ICANN (strategic plan, operating plan, budget); the community; and/or the public?

      There have been minimal fiscal impacts from the recommendations implemented to date. There is potential for impacts to result from the approval and implementation of recommendations from the RSS GWG, which will be assessed if and when appropriate.

      Are there any security, stability or resiliency issues relating to the DNS?

      This ICANN Board action is not expected to have a direct effect on security, stability or resiliency issues relating to the DNS.

      How is this action within ICANN's mission and what is the public interest served in this action?

      This ICANN Board action is consistent with ICANN's commitment pursuant to Section 4 of the Bylaws to ensure the ICANN multistakeholder model remains transparent and accountable, and to improve the performance of its Supporting Organizations and Advisory Committees. This action will serve the public interest by contributing to the fulfillment of ICANN's commitment to maintaining and improving its accountability and transparency.

      Is Public Comment required prior to Board action?

      No additional Public Comment is required.

    2. Appointment of Root Server Operator Organization Representatives to the RSSAC

      Whereas, the ICANN Bylaws call for the establishment of the Root Server System Advisory Committee (RSSAC) with the role to advise the ICANN community and ICANN Board of Directors on matters relating to the operation, administration, security, and integrity of the Internet's Root Server System.

      Whereas, the ICANN Bylaws call for the ICANN Board of Directors to appoint one RSSAC member from each root server operator organization, based on recommendations from the RSSAC Chair.

      Whereas, the RSSAC Chair has recommended to the ICANN Board of Directors the appointments of representatives from Defense Information Systems Agency; National Aeronautics and Space Administration (NASA); United States Army Research Laboratory; and University of Maryland to the RSSAC.

      Resolved (2022.09.22.03), the ICANN Board of Directors appoints Howard Kash, Karl Reuss, Barbara Schleckser, and Ryan Stephenson to the RSSAC through 31 December 2025.

      Rationale for Resolution 2022.09.22.03

      In May 2013, the root server operator organizations agreed to an initial membership of representatives for the RSSAC, each nominating an individual. The ICANN Board of Directors approved the initial membership of the RSSAC in July 2013 with staggered terms. The current term for the representatives from Defense Information Systems Agency; National Aeronautics and Space Administration (NASA); United States Army Research Laboratory; and University of Maryland expires 31 December 2022.

      Today, the Board is taking action pursuant to Article 12, Section 12.2 (c)(ii) of the ICANN Bylaws to appoint members to the RSSAC.

      The appointment of RSSAC members is not anticipated to have any fiscal impact on the ICANN organization that has not already been accounted for in the budgeted resources necessary for ongoing support of the RSSAC.

      This resolution is an organizational administrative function for which no public comment is required. The appointment of RSSAC members contributes to the public interest and the commitment of the ICANN organization to strengthen the security, stability, and resiliency of the DNS.

    3. Security and Stability Advisory Committee (SSAC) Member Appointments

      Whereas, the Board, at Resolution 2010.08.05.07 approved Bylaws revisions that created three-year terms for SSAC members, required staggering of terms, and obligated the SSAC Chair to recommend the reappointment of all current SSAC members to full or partial terms to implement the Bylaws revisions.

      Whereas, in January 2022, the SSAC Membership Committee initiated an annual recruitment cycle and submitted to the SSAC its recommendations for new member appointments on 27 May 2022.

      Whereas, on 5 June 2022, the SSAC approved the new member recommendations.

      Whereas, the SSAC Membership Committee, on behalf of the SSAC, requests that the Board should appoint Gabriel Andrews and Peter Thomassen to the SSAC for terms beginning immediately upon approval of the Board and ending on 31 December 2025.

      Resolved (2022.09.22.04), the Board appoints Gabriel Andrews and Peter Thomassen to the SSAC for terms beginning immediately upon approval of the Board and ending on 31 December 2025.

      Rationale for Resolutions 2022.09.22.04

      The SSAC is a diverse group of individuals whose expertise in specific subject matters enables the SSAC to fulfill its role and execute its mission. Since its inception, the SSAC has invited to its membership individuals with deep knowledge and experience in technical and security areas that are critical to the security and stability of the Internet's naming and address allocation systems.

      The SSAC's continued operation as a competent body is dependent on the accumulation of talented subject matter experts who have consented to volunteer their time and energies to the execution of the SSAC mission.

      Further, it is the practice of the SSAC to seek Board recognition of the service of Committee members upon their departure.

      Gabriel Andrews is a Supervisory Special Agent with the US Federal Bureau of Investigation (FBI) where he has worked primarily as an investigator on Criminal Computer Intrusion matters and in FBI Headquarters roles supporting such investigations. His current position is to lead FBI engagement within ICANN and other multistakeholder Internet-related bodies where the work of such bodies is likely to impact law enforcement and/or public safety equities. He is also a member of the Governmental Advisory Committee Public Safety Working Group.

      Peter Thomassen has more than 20 years of experience in the Internet and security industry. In 2001, he founded a4a, a boutique web hosting company. From 2012-2014, he served as Chief Technology Officer for the not-for-profit dotHIV registry. In 2014, Peter founded deSEC, a free, managed DNSSEC hosting platform. It is deSEC's mission to enhance the security of online data transmission, by spreading the seamless use of state-of-the-art encryption technology. Peter is currently the Chief Technology Officer of deSEC. In 2018, he joined SSE Secure Systems Engineering, a German IT Security Consultancy, as a Senior Security Expert in software development projects from various enterprise and public sector industries. Today, as a Senior Solutions Architect at SSE, he is an active member of the IETF with contributions to various working groups that have overlap with the DNS.

      This resolution is an organizational administrative function for which no public comment is required. The appointment of SSAC members is in the public interest and in furtherance of ICANN's mission as it contributes to the commitment of the ICANN to strengthen the security, stability, and resiliency of the DNS.

    4. March 2024 ICANN Meeting Venue and Hotel Contracting

      Whereas, ICANN intends to hold its first Public Meeting of 2024 in the North America region.

      Whereas, selection of a San Juan, Puerto Rico location adheres to the geographic rotation guidelines established in the Meeting Strategy Working Group.

      Whereas, ICANN organization has completed a thorough review of the venue and hotels and finds the ones in San Juan, Puerto Rico to be suitable.

      Whereas, both ICANN org and the Board Finance Committee have recommended that the Board authorize the President and CEO, or his designee(s), to enter into and make disbursement in furtherance of contracts for the March 2024 ICANN Public Meeting in San Juan, Puerto Rico.

      Resolved (2022.09.22.05), the Board authorizes the President and CEO, or his designee(s), to engage in and facilitate all necessary contracting and disbursements for the host venue and hotels for the March 2024 ICANN Public Meeting in San Juan, Puerto Rico, in an amount not to exceed [Redacted: Confidential Negotiation Information].

      Resolved (2022.09.22.06), specific items within this resolution shall remain confidential for negotiation purposes pursuant to Article 3, section 3.5(b) of the ICANN Bylaws until the President and CEO determines that the confidential information may be released.

      Rationale for Resolutions 2022.09.22.05 – 2022.09.22.06

      As part of ICANN's Public Meeting strategy, ICANN seeks to host a meeting in a different geographic region (as defined in the ICANN Bylaws) three times a year. ICANN79 is scheduled for 2-7 March 2024. Following the change of the ICANN73 meeting in San Juan, Puerto Rico to a virtual meeting, ICANN agreed with the venue and hotels to hold a future meeting in San Juan.

      ICANN org previously confirmed that the San Juan, Puerto Rico meeting location meets the Meeting Location Selection Criteria. Selection of this North America location adheres to the geographic rotation guidelines established in the Meeting Strategy Working Group. ICANN org did not conduct a broader search for other available locations for this meeting due to the already confirmed suitability of the venue.

      The Board Finance Committee (BFC) has carried out its standard due diligence in reviewing the proposed Board decision to recommend approval to the Board. As part of this diligence, the BFC has reviewed the financial risks associated with the proposed decision and the information provided by the org on the measures in place to mitigate those risks. The BFC has found these financial risks and the mitigation in place reasonable and acceptable.

      The Board reviewed the organization's briefing for hosting the meeting in San Juan, Puerto Rico, and the determination that the proposal met the significant factors of the Meeting Location Selection Criteria, as well as the related costs for the facilities selected, for the March 2024 ICANN Public Meeting. ICANN conducts Public Meetings in support of its mission to ensure the stable and secure operation of the Internet's unique identifier systems and acts in the public interest by providing free and open access to anyone wishing to participate, either in person or remotely, in open, transparent, and bottom-up, multistakeholder policy development processes.

      There will be a financial impact to ICANN in hosting the meeting and providing travel support as necessary, as well as to the community in incurring costs to travel to the meeting. However, such impact would be faced regardless of the location and venue of the meeting. This action will have no impact on the security or the stability of the Domain Name System.

      This is an Organizational Administrative function that does not require public comment.

    All members of the Board present voted in favor of Resolutions 2022.09.22.01, 2022.09.22.02, 2022.09.22.03, 2022.09.22.04, 2022.09.22.05, and 2022.09.22.06. The Resolutions carried.

  2. Main Agenda:

    1. Deferral of the Third Review of the Registration Directory Service (RDS3)

      Avri Doria, the Chair of the Organizational Effectiveness Committee (OEC), introduced the agenda item. She explained that the resolution at hand relates a Bylaws requirement for a periodic review to assess the effectiveness of the Registration Directory Service (RDS). The Third Accountability and Transparency Review (ATRT3) pertaining to reviews recommended that the third RDS review be suspended until the next ATRT Review makes a further recommendation on timing. Avri thanked ICANN org and the OEC for their work through the sequence of referrals. She noted that with the adoption of this resolution, the implementation of ATRT3 Recommendation 3.1 will be completed. Avri then read the resolution into the record.

      Avri moved and Matthew Shears seconded. The Chair called for a vote and the Board took the following action:

      Whereas, Section 4.6 (e) of the ICANN Bylaws stipulates that the Board shall cause a periodic review to assess the effectiveness of the then current generic top level domains (gTLD) registry directory service and whether its implementation meets the legitimate needs of law enforcement, promoting consumer trust and safeguarding registrant data ("Directory Services Review"). The Registration Directory Service Review shall be conducted no less frequently than every five years, measured from the date the previous RDS Review Team was convened; the Second Registration Directory Services Review (RDS2) was convened in October 2017.

      Whereas, on 30 November 2020 the Board approved recommendations from the Third Accountability and Transparency Review (ATRT3) pertaining to reviews, subject to prioritization and community agreement on the Bylaws change. The prioritization of the recommendations by the community is complete, with the ATRT3 recommendation 3.1 to defer the next RDS Review categorized as high priority. The ATRT3 recommended suspending any further RDS Reviews until the next ATRT can consider the future of RDS Reviews in the context of the EPDP Phase 2 Final Report recommendations, the results of the Board's consideration of these, as well as any other developments which affect Directory Services (such as the proposed System for Standardized Access/Disclosure (SSAD)).

      Whereas, the RDS2 Review Team completed its work and delivered its Final Report to the ICANN Board on 3 September 2019, with the Board taking action on 22 recommendations on 25 February 2020. The implementation work is underway for recommendations approved by the Board, with seven recommendations implemented as of 30 June 2022.

      Whereas, the ICANN Board's OEC recommends the Board to defer the RDS3, determining that it would be neither prudent nor feasible to begin this review now, given the ATRT3 recommendation to suspend the next RDS Review and before the implementation of RDS2 recommendations has been completed.

      Resolved (2022.09.22.07), the ICANN Board defers the Third Registration Directory Services Review (RDS3) to allow the ICANN community and organization sufficient time to plan for and implement pertinent ATRT3 recommendations. The Board acknowledges that the Bylaws state that the RDS Review should be conducted every five years. The Board also acknowledges the ATRT3 recommendation, to suspend RDS3 until the next ATRT Review makes a further recommendation on timing. The Board will oversee the implementation of ATRT3 recommendations and determine whether the timing of the RDS3 should be re-examined based on the changing environment, including various dependencies such as the ongoing work related to the EPDP Phase 2 Final Report recommendations, including the proposed SSAD.

      All members of the Board present voted in favor of Resolution 2022.09.22.07.  The Resolution carried.

      Rationale for Resolution 2022.09.22.07

      This ICANN Board action is an essential step in its oversight responsibility over Specific Reviews, including the review of the Registration Directory Services (RDS), formerly known as the RDS-WHOIS Review. The Board recognizes that the current timing specified in the Bylaws to commence the RDS3 in October 2022 is not prudent, in the context of recently issued community recommendations approved by the Board and currently being implemented, as well as ongoing work related to the EPDP Phase 2 Final Report recommendations, including the proposed SSAD. By deferring the start of the RDS3, the Board is acting in line with the ATRT3 recommendations as also supported by the ICANN community. The Board expects that since ATRT3 recommendations have been prioritized and implementation design work is underway, the implementation work will result in a package of proposed amendments to the ICANN Bylaws, some of which will address the timing of future reviews, including the RDS3.

      ATRT3 Recommendation 3.1 called for "suspending any further RDS Reviews until the next ATRT Review can consider the future of RDS Reviews in the context of the EPDP Phase 2 Final Report recommendations, the results of the Board's consideration of these, as well as any other developments which affect Directory Services." The Board approved this recommendation in November 2020, subject to community agreement on a Bylaws change, stating that "When deemed appropriate through the prioritization process, the Board directs ICANN org to begin the process to make the appropriate Bylaw amendments, but if the Empowered Community rejects the Bylaws changes, further ICANN community discussion would be required before implementation."

      This Board action supports the Board's continued commitment to proactively implement community-issued recommendations, and to evolve Specific Reviews in collaboration with the ICANN community, to produce impactful outcomes that serve the public interest. Continuously improving delivery of Specific Reviews is a cornerstone of ICANN's commitment to accountability and transparency. It is in the public interest to continue to conduct a periodic review of the effectiveness of the gTLD registry directory service and whether its implementation meets the legitimate needs of law enforcement, promoting consumer trust and safeguarding registrant data ("Directory Service Review").

      A Public Comment proceeding is not considered necessary, since the ATRT3 recommendation to suspend the RDS3 until the next ATRT Review was the subject of two Public Comment proceedings – on both the Draft and Final ATRT3 Reports.

      This Board action is expected to result in positive impact to the security, stability, or resiliency of the Internet's DNS, by allowing sufficient time to implement community recommendations and assess their impact as well as by enabling a community-based evaluation of the future of the RDS Review. This action is anticipated to result in positive budgetary or financial implications in the near term, in that the expenditure for the next RDS Review will be deferred. It is also anticipated to have a positive impact on community and ICANN org resources.

    2. Initiating the Implementation of SAC113 Recommendation 1

      Kaveh Ranjbar, the Security and Stability Advisory Committee's (SSAC) liaison to the Board, introduced the agenda item. He noted that the work relating to SSAC's recommendation that the ICANN Board ensure a string is identified and reserved at the top level of the DNS for private use, and that this particular string must never be delegated has been ongoing for some time. He then read the resolution into the record.

      Akinori Maemura moved and León Sánchez seconded. The Chair called for a vote and the Board took the following action:

      Whereas, on 18 September 2020 the SSAC published SAC113: SSAC Advisory on Private-Use TLDs, recommending that the ICANN Board ensure a string is identified and reserved at the top level of the DNS for private use, and that this particular string must never be delegated.

      Whereas, the Board Technical Committee and ICANN org have evaluated the feasibility of the SSAC's advice in SAC113 and developed a proposed approach for implementing the advice.

      Whereas, on 20 October 2020 Göran Marby, President and Chief Executive Officer of ICANN org wrote Alissa Cooper, Chair, Internet Engineering Task Force and Mirja Kühlewind, Chair, Internet Architecture Board requesting further discussion on the recommendation of SAC113.

      Whereas, on 12 November 2020 Alissa Cooper on behalf of the Internet Engineering Steering Group, and Mirja Kühlewind on behalf of the Internet Architecture Board responded.

      Whereas, the Board has considered the SSAC advice and the implementation recommendations from the Board Technical Committee and ICANN org relating to this advice.

      Resolved (2022.09.22.08), the Board directs the President and CEO, or his designee(s), to conduct a Public Comment proceeding on a proposed procedure to identify and reserve a string for private use in accordance with the recommendation contained in SAC113. The Board requests that the ICANN org prepare and submit a Report on the Public Comments received during this proceeding in order to assist the Board to determine its disposition on instructing IANA to choose a string to be reserved from delegation.

      All members of the Board present voted in favor of Resolution 2022.09.22.08.  The Resolution carried.

      Rationale for Resolution 2022.09.22.08

      Why is the Board addressing the issue now?

      The Board Action Request Register (ARR) is a framework intended to improve the process for the Board's consideration of recommendations to the ICANN Board, including advice from ICANN Advisory Committees. The SSAC published SAC113: SSAC Advisory on Private-Use TLDs on 18 September 2020, and the Board is considering the SSAC's advice in line with the ARR framework. The Board's action today is intended to make additional progress on addressing the advice in SAC113.

      SAC113 makes the case from a technical, security, and stability perspective to reserve a top-level string for private use. While it is usually preferable to use a sub-domain of a registered domain name for private use, this is not always the case, with the result that different strings get used for this purpose. SAC113 argues that to help facilitate coordination, and help prevent ad hoc usage of different strings, a dedicated string should be reserved for private use.

      From SAC113:

      The DNS has no explicit provision for internally-scoped names, and current advice is for the vendors or service providers to use a sub-domain of a public domain name for internal, or private use. Using sub-domains of registered public domain names is still the best practice to name internal resources. The SSAC concurs with this best practice, and encourages enterprises, device vendors, and others who require internally-scoped names to use sub-domains of registered public domain names whenever possible. However, this is not always feasible and there are legitimate use cases for private-use TLDs.

      SAC113 documents and explains the problem of uncoordinated, or ad hoc, usage of different top-level strings for private use. This is a legitimate and significant problem that others have identified as well; for example, various efforts within the IETF have also recognized this as a problem.

      SAC113 recognizes Internet users' need for private namespaces to exist and recommends a means to help handle some of these issues.

      What is the proposal being considered?

      The Board is considering a four-step process to implement the recommendation contained in SAC113, by first initiating a Public Comment proceeding to gather feedback on the planned four steps to reserve a string for private use. Based on the feedback received during that Public Comment proceeding, the Board may choose to continue with the second step of the process, or change the process.

      The four proposed steps are:

      1. Conduct a Public Comment proceeding on the proposed approach in steps 2, 3 and 4;
      2. Instruct IANA to choose the string using the criteria described in SAC113;
      3. In step 2, conduct a Public Comment proceeding on the proposed string chosen by IANA; and
      4. Pass a Board resolution to reserve the proposed string.

      Which stakeholders or others were consulted?

      SAC113 discusses many of the efforts, both ongoing and abandoned, in the IETF to try and resolve this issue. Since the publication of SAC113 the ICANN Board and the IAB have exchanged correspondence about SAC113, briefly summarized below.

      In the first correspondence from the ICANN Board to the IETF/IAB Chairs, the Board asked for clarification on what the definition of a 'technical use' was for domain names. Since the Memorandum of Understanding (MoU) between ICANN and the IETF considers 'assignments of domain names for technical uses' something the ICANN Board cannot delegate, assign, or instruct IANA to reserve unilaterally.

      In its response, the IAB/IETF states:

      We understand SAC113 to be a proposal for the ICANN board to allocate an ICANN Reserved Name, and we believe that it being reserved by ICANN would necessarily require that the chosen string also be removed from consideration for any technical use specified by the IETF. In keeping with our commitment to a single, global namespace (RFC 2826), such a reservation would ensure that the IETF would not consider any special-use name with the same string. Procedurally, if the ICANN board chooses to reserve a string following the advice of SAC113, we would expect the string to be reserved within the IANA-managed reserved domain registry rather than the special-use domain names registry.

      The IAB/IETF did not voice any objection to the ICANN Board permanently reserving a top-level string.

      What concerns or issues were raised by the community?

      Community members have noted that, even if a top-level string is reserved for technical use, there is no way to compel equipment vendors, protocol designers, and others to use it. It is also not possible to determine the extent to which the chosen string will be used. It is therefore conceivable that implementing SAC113 could ultimately have no material effect on the DNS.

      It is also likely not possible to choose a single string that will enjoy universal agreement as being the most appropriate string for this purpose. Different stakeholders and individuals may have different ideas of what the best string is for this purpose, and it will not be possible to identify a single string that will be acceptable to all stakeholders. This consequence is, however, distinct from the ability to choose a string that adheres to the criteria set forth in SAC113. The proposed process to implement SAC113 includes Public Comment opportunities that will allow concerned communities and individuals to provide their input.

      What significant materials did the Board review?

      The Board has reviewed SAC113, an Options Paper developed by staff, correspondence between ICANN and the IAB, and the MoU between ICANN and the IETF.

      What factors did the Board find to be significant?

      The Board recognizes that the problem highlighted in SAC113 is a legitimate and significant one that could, if not addressed, materially affect the DNS. SAC113 lays out a path forward and the process which the Board plans to follow to implement SAC113 includes specific opportunities for all stakeholders to provide additional input.

      Are there positive or negative community impacts?

      A positive impact from this Board resolution is to initiate a process that will eventually provide a designated namespace for the private use of vendors and other users of the DNS. There are no negative community impacts with this proposal.

      Are there fiscal impacts or ramifications on ICANN (strategic plan, operating plan, budget); the community; and/or the public?

      No additional fiscal impact is anticipated as a result of initiating the proposal outlined in this paper. Any resourcing that may be required to fully implement SAC113 is expected to be covered by existing ICANN org resources.

      Are there any security, stability or resiliency issues relating to the DNS?

      The SSAC has identified many security, stability, and resiliency issues associated with the uncoordinated use of private-use names in SAC113. The proposal discussed in response to SAC113 attempts to address them by providing a designated namespace for this use. It is impossible to determine the extent to which the proposal outlined will alleviate these issues. However, it will not introduce any new security, stability, or resiliency issues. It will also not increase the severity of any known and existing security, stability, or resiliency issues.

      Is this decision in the public interest and within ICANN's mission?

      Reserving a string from delegation permanently is in the public interest for the reasons outlined in this resolution and rationale. It is also within the scope of ICANN's mission as described in the Bylaws. Specifically, Section 1.1 (a) (i) which states: "[ICANN] Coordinates the allocation and assignment of names in the root zone of the Domain Name System [..]".

      In its letter to the Board, the IAB/IETF agreed that this reservation was within the scope of ICANN based on ICANN's MoU with the IETF.

      Is this either a defined policy process within ICANN's Supporting Organizations or ICANN's Organizational Administrative Function decision requiring public comment or not requiring public comment?

      This is neither a defined policy process with ICANN's supporting organizations nor an ICANN org administrative function. The Public Comment proceedings outlined in the four-step implementation plan are not required by the ICANN Bylaws, but are part of the proposed process for implementing SAC113. The purpose of this specific Board action is to initiate the first such Public Comment proceeding.

    3. ccNSO proposed policy on retirement of ccTLDs

      Patricio Poblete introduced the agenda item. He explained that the proposed policy pertaining to the retirement of a country code top-level domain (ccTLD) is aimed at providing a predictable process for retiring a ccTLD and when the ccTLD should be removed from the Root Zone. He stated that the ccNSO community worked on the proposed retirement policy for a number of years. Patricio then read the resolutions into the record.

      Patricio moved and Katrina Sataki seconded. The Chair called for a vote and the Board took the following actions:

      Whereas, In March 2017, the ccNSO Council decided to initiate ccNSO Policy Development Process initially to develop a policy for Retirement of ccTLDs (Part 1), and only after the substantive work on that topic would have been concluded, develop policy recommendations for a Review Mechanism pertaining to decisions on delegation, transfer, revocation and retirement of ccTLDs (Part 2).

      Whereas, the working group that developed the retirement policy concluded its work in February 2021 and suggested together with the Review Mechanism Working group to separate Part 1 and Part 2.

      Whereas, after a public consultation the ccNSO Council decided on 04 June 2021 to split ccPDP3 into two separate policies: 1. Policy recommendations on the retirement of ccTLDs and 2. Policy recommendations for a Review Mechanism.

      Whereas, the ccNSO Policy Recommendations pertaining to the retirement of ccTLDs were adopted by the ccNSO Council on 17 June 2021.

      Whereas, the ccNSO Council decision to adopt the ccNSO Policy Recommendations pertaining to the retirement of ccTLDs was supported by the required threshold of the ccNSO membership. 

      Whereas, on 28 September 2021 the ccNSO Policy Recommendations pertaining to the retirement of ccTLDs were submitted to the Board for consideration and decision through the required Board Report.

      Whereas, the input received during a Public Comment proceeding on the proposed policy (see https://itp.cdn.icann.org/en/files/country-code-top-level-domains-cc-tlds/ccnso-proposed-policy-retirement-cctlds-pcp-summary-report-02-02-2022-en.pdf) raised no new issues. All issues raised had otherwise been identified and addressed during the ccNSO Policy Development Process.

      Whereas, in response to the Board's notification as required under the Bylaws (https://www.icann.org/en/system/files/correspondence/botterman-to-ismail-06dec21-en.pdf), the Governmental Advisory Committee (GAC) did not identify any particular public policy issue, nor did the GAC note any particular objection to the recommendations (https://www.icann.org/en/system/files/correspondence/ismail-to-botterman-31jan22-en.pdf).

      Whereas, the Board has considered the ccNSO policy recommendations pertaining to the retirement of ccTLDs, and notes the Board Ad-Hoc Group on the ccTLD Retirement Process (Board Group)'s recommended action to adopt all recommendations within the Board Report.

      Resolved (2022.09.22.09) the Board adopts the ccNSO Retirement of ccTLDs Policy Recommendations as set forth in Attachment A, sections 1-5 of the Board Report (https://ccnso.icann.org/sites/default/files/field-attached/board-report-proposed-policy-retirement-cctlds-17sep21-en.pdf).

      Resolved (2022.09.22.10), the Board directs the ICANN President and CEO, or his designee(s), to implement the recommended policy contained in the Board Report.

      All members of the Board present voted in favor of Resolutions 2022.09.22.09 and 2022.09.22.10. The Resolutions carried.

      Rationale for Resolutions 2022.09.22.09 – 2022.09.22.10

      Why is the Board addressing the issue now?

      In August 2021, the ccNSO concluded the development of a proposed policy for a process to retire ccTLDs. The goal of the proposed policy is to provide clear and predictable guidance and document a process that is orderly and reasonable up and to, but excluding, the removal of a ccTLD from the Root Zone and excluding the event that causes the retirement of a ccTLD (removal of a country code from ISO3166 or other event in case of IDN ccTLD). The proposed policy is directed at ICANN and focuses on the IANA Naming Function and was submitted to the Board for its consideration and decision under ICANN Bylaws Annex B, Section 15.

      What is the proposal being considered?

      The Board is considering a process to retire ccTLDs, excluding the event that would initiate the retirement and excluding the removal of the ccTLD from the Root Zone database.

      This Policy applies to all entries in the Root Zone database which are identified as ccTLDs and are subject to a Retirement Triggering Event, which is defined as:

      1. For 2 letter ccTLDs which corresponded to an ISO 3166-1 Alpha-2 Code Element – The deletion of the Alpha-2 Code Element from the ISO 3166-1 Standard by the ISO 3166-1 Maintenance Agency ("ISO 3166/MA").
      2. For 2 letter Latin ccTLDs which do not correspond to an ISO 3166-1 Alpha-2 Code Element – The ISO 3166-1 MA making a change (other than making it an ISO 3166-1 Alpha-2 Code Element) to any of these.
      3. For IDN ccTLDs – The Triggering Event will be identified in the Policy on the (de)selection of IDN ccTLD strings, which was initiated on 21 May 2020.

      Once confirmed that a Retirement Triggering Event has occurred and that the ccTLD should be retired, the Manager of the ccTLD shall promptly be notified that the ccTLD shall be removed from the Root Zone five years from the date of the notice (Notice of Removal), unless the Manager has requested an extension and this extension was granted.

      If the Manager wishes to request an extension of the default five-year removal process, it must request the extension as part of a Retirement Plan. Granting an extension to the Default Retirement Date is discretionary, but shall not be unreasonably withheld.

      If no agreement can be reached on a Retirement Plan within the required timeframe, the ccTLD shall be removed from the Root Zone five years from the date the Notice of Removal was sent to the Manager of the ccTLD to be retired.

      This Policy will not change or amend the role that the ICANN Board of Directors has with respect to individual cases of ccTLD delegation, transfer and revocation.

      Which stakeholders or others were consulted?

      Under the ccNSO Policy Development process the community has been extensively consulted, and the concerns raised during these consultations have been addressed, as extensively documented in the ccNSO's Board Report.

      As required under Article 3.6 (a) (ii), the Board conducted a Public Comment proceeding on the proposed policy from November 2021, until January 2022.

      In addition, and pursuant to Article 3, Section 6(a) (iii) of the Bylaws, the Board invited the Governmental Advisory Committee (GAC) to provide advice in the event that the proposed policy raises public policy issues. In its response, the GAC noted that GAC Members had monitored the progress of the ccNSO's work on this matter, and it appreciated the regular updates the ccNSO provided to the GAC as the ccNSO worked to develop its recommendations. Throughout the process, GAC Members did not identify any particular public policy issue, nor did they note any particular objection to the recommendations. 

      What concerns or issues were raised by the community?

      Community members, including the GAC, have not raised any concerns beyond issues that were raised and addressed during the ccNSO Policy Development Process itself.

      What significant materials did the Board review?

      The Board has reviewed the following documents:

      What factors did the Board find to be significant?

      The Board recognizes that in the past, several ccTLDs were retired although such occurrence is rare. The proposed policy institutionalizes the practice that has developed, increases the predictability of a process as impactful as the retirement of ccTLDs, and balances all interests involved.

      The Board understands that there are items raised within the Board Report that may need to be addressed in implementation. One such issue is that ccNSO policy recommendations reference a review mechanism and suggest that retirement decisions are excluded from ICANN's accountability mechanisms, specifically the Independent Review Process ("IRP") and Reconsideration Request process as set out in Article 4 of the Bylaws. However, the ICANN Bylaws language on the IRP and Reconsideration Requests appear to include retirement decisions as within scope. This issue was flagged in April 2022 for the ccNSO Council through a separate ccPDP working group that is working on the development of a review mechanism. In July 2022 the ccNSO Council indicated its position (https://www.icann.org/en/system/files/correspondence/reynoso-to-eisner-21jul22-en.pdf) that retirement matters should be excluded from the accountability mechanism. The ccNSO Council noted the work ongoing to develop those review mechanisms, and that further clarity on the path forward as it relates to the interaction between retirement actions and ICANN's accountability mechanisms will be forthcoming through the outputs of those policy development working groups. The ICANN Board considered whether it was practical and feasible to move forward with action on the retirement recommendations without resolution of the review mechanism issue, and ICANN org confirmed that there was minimal risk in adopting the retirement policy recommendations at this time. ICANN org also noted that the risk in continuing without a formal retirement policy in place is far greater that the risk in proceeding without closure of the review mechanism issue, also supporting the Board's action today. ICANN org also confirmed that any work towards initiating any necessary Bylaws amendment processes would be separate from the consideration of the retirement recommendations, and therefore would be considered at a future date. The Board group is not the ICANN Board or committee responsible to sherd such work to implementation

      Are there positive or negative community impacts?

      A positive impact from this Board resolution is the provision of clear and predictable guidance and the documentation of a process that is orderly and reasonable up to, but excluding, the removal of a ccTLD from the Root Zone. There are no negative community impacts with this proposal.

      Are there fiscal impacts or ramifications on ICANN (strategic plan, operating plan, budget); the community; and/or the public?

      No additional fiscal impact is anticipated as a result of adoption and implementation of the recommended policy. Any resourcing that may be required to fully implement the proposed policy is expected to be covered by existing ICANN org resources.

      Are there any security, stability or resiliency issues relating to the DNS?

      No security, stability, or resiliency issues have been identified relating to the DNS.

      Is this decision in the public interest and within ICANN's mission?

      The policy for Retirement of ccTLDs is within the scope of the ccNSO and the ICANN policy process and the retirement of ccTLDs is within ICANN's mission to coordinate at the overall level the Internet's domain name system. The retirement of ccTLDs is a process, and requires procedures that potentially directly impacts ccTLDs, and, hence, the allocation and assignment of names in the Root Zone of the DNS.

      Is this either a defined policy process within ICANN's Supporting Organizations or ICANN's Organizational Administrative Function decision requiring public comment or not requiring public comment?

      This is a defined policy process with ICANN's country code Names Supporting Organization. This decision is taken following the ccNSO Policy Development Process, and has been subject to a Public Comment process.

    4. Approval of Guidelines for Implementation of Internationalized Domain Names Version 4.1

      Edmon Chung introduced the agenda item, noting that this is a very important milestone for the work on Internationalized Domain Names (IDN) at ICANN. He stated that this will be the fourth update to the IDN Guidelines. Edmon explained that 11 years have passed since the last version was adopted and the proposed version 4 reflects a lot of advancement of operational experience and knowledge in operating IDNs at the top and second levels. He noted that the proposed version covers both generic top-level domains and ccTLDs. He then read the resolution into the record.

      Edmon moved and Ihab Osman seconded. The Chair called for a vote and the Board took the following actions:

      Whereas, Internationalized Domain Names Implementation Guidelines (IDN Guidelines) were initially adopted by the ICANN Board in 2003 and subsequently updated in 2005, 2006, 2007 and 2011 to reflect best practices and protocol updates through the Internet Engineering Task Force (IETF).

      Whereas, the current version 3.0 of the IDN Guidelines was last updated in 2011 and there has been much experience gained in implementing IDNs during this period.

      Whereas, an expert IDN Guidelines Working Group (IDNGWG) was formed in 2015 based on nominations by the Country Code Names Supporting Organization (ccNSO), Generic Name Supporting Organization (GNSO), At-Large Advisory Committee (ALAC), and Security and Stability Advisory Committee (SSAC) to update version 3.0 of the Guidelines.

      Whereas, the IDNGWG, after incorporating inputs received during the comment periods, published the final proposed draft of the IDN Guidelines version 4.0 on 10 May 2018 for consideration by the ICANN Board at https://www.icann.org/en/system/files/files/idn-guidelines-10may18-en.pdf.

      Whereas, the IDNGWG identified the guidelines 6a, 11, 12, 13, 18, and 19 are separable for implementation at a later stage from the remaining guidelines in IDN Guidelines version 4.0.

      Whereas, the GNSO asked to defer its guidelines 6a, 11, 12, 13, and 18 of IDN Guidelines until these are considered under its IDN Expedited Policy Development Process (EPDP).

      Resolved (2022.09.22.11), the ICANN Board approves the deferral of the subset of guidelines 6a, 11, 12, 13, and 18 of the IDN Guidelines version 4.0 from consideration until the completion of IDN EPDP.

      Resolved (2022.09.22.12), the ICANN Board approves the guidelines in the IDN Guidelines version 4.0, except the deferred guidelines 6a, 11, 12, 13, 18 and associated Additional Notes, directs these to be published as IDN Guidelines version 4.1 and to supersede version 3.0.

      Resolved (2022.09.22.13), the ICANN Board directs the President and CEO, or his designee(s), to implement the updated IDN Guidelines version 4.1.

      All members of the Board present voted in favor of Resolutions 2022.09.22.10 and 2022.09.22.11. The Resolutions carried.

      Rationale for Resolutions 2022.09.22.11 – 2022.09.22.13

      Article 1, Section 1.1 (a)(i) of the ICANN Bylaws provides that ICANN coordinate the development and implementation of policies concerning the registration of second-level domain names in generic top-level domains ("gTLDs"), for which uniform or coordinated resolution is reasonably necessary to facilitate the openness, interoperability, resilience, security and/or stability of the DNS. The IDN Guidelines relate to IDN registration policies and practices, designed to minimize the risks of cybersquatting and consumer confusion.

      All gTLD registries and registrars offering IDN registrations are contractually required to implement the IDN Guidelines.  

      In addition, as part of the Terms and Conditions of Submission of Fast Track Request, it is expected through the IDN ccTLD Fast Track Process that "IDN domain names are to be registered in accordance with a publicly available registration policy that shall comply on an ongoing basis with … the IDN guidelines as updated and published from time to time on the ICANN website, all subject to and within the limits of relevant applicable national law and public policy."

      The IDN Guidelines were last updated in 2011. Since then, through the work of the community in implementing IDNs and additional work by the technical and script communities in identifying technical and linguistic requirements respectively, there has been significant experience gained on implementing IDNs. This includes updates in terminology around IDNs, definition of the formal representation of the IDN tables through the standards track RFC 7940, principles to design label generation rules in RFCs 6912 and 8228. SSAC has provided additional advice to support consistency and manageability of variant labels for different levels of domain names in SAC60. Finally, the script communities globally have done significant work documenting how these scripts should be used in domain names through their work on Root Zone Label Generation Rules (RZ-LGR) and subsequent work on reference second level LGRs.

      Based on the community experience with implementing IDNs accumulated since 2011, following their meeting with GNSO members, the ICANN Board Variant Working Group advised ICANN org to update the IDN Guidelines at ICANN50 in June 2014. ICANN org issued a call for nominations of experts from the ccNSO, GNSO, ALAC and SSAC on 20 July 2015. The IDNGWG was constituted based on the nominations received.

      The IDNGWG updated the guidelines with an open and transparent process, interacting with the community to gather public feedback and incorporated it in developing these guidelines, as follows:

      1. Initial issues list presented at ICANN55 (March 2016)
      2. Interim draft presented at ICANN57 (November 2016)
      3. Complete draft published for public comment (March 2017)
      4. Complete draft presented at ICANN58 (March 2017)
      5. Final draft presented at ICANN60 (November 2017)
      6. Final draft published for public comment (December 2017)
      7. Second public comment analysis presented at ICANN61 (March 2018)

      The IDNGWG finalized the Guidelines based on the feedback received during these public consultations and published the final proposed draft of the Guidelines for the Implementation of Internationalized Domain Names version 4.0 on 10 May 2018 at https://www.icann.org/en/system/files/files/idn-guidelines-10may18-en.pdf. In addition, the IDNGWG recommended that the Guidelines be implemented in two phases, based on the feedback from the community that some of the guidelines may take longer to implement, as per the following details:

      • Phase 1 for all the guidelines, except those deferred for Phase 2, effective six months after approval
      • Phase 2 covering guidelines 6a, 11, 12, 13, 18 and 19, effective 18 months after approval

      On 30 April 2019, before the ICANN Board considered the IDN Guidelines 4.0, the chair of the GNSO Council wrote to the Chair of the ICANN Board that "The GNSO Council formally and respectfully requests that the ICANN Board defer a vote on the IDN Guidelines 4.0 issue while we consider any policy implications under our remit." The GNSO subsequently included the guidelines 6a, 11, 12, 13, and 18 for consideration in the IDN Expedited Policy Development Process (EPDP) charter (which are the guidelines identified by IDNGWG for Phase 2 implementation except guideline 19). On 21 January 2022, the GNSO Council chair and vice chairs wrote to the ICANN Board agreeing with the Board suggestion to move forward with the consideration of the remaining guidelines in IDN Guidelines version 4.0.

      The Board has reviewed various materials and factors in its deliberations and in taking its action today. The relevant and significant materials include, but are not limited to, the following:

      The IDN Implementation Guidelines address IDN registration policies and practices, and are designed to minimize the risks of cybersquatting and consumer confusion, and respect the interests of communities using local languages and scripts. The ICANN Board has reviewed the draft IDN Guidelines and notes the comprehensiveness of the Guidelines covering the topics of Transition to IDNA2008, Format of IDN Tables, Consistency of IDN Tables and Practices, IDN Variant Labels, Similarity and Confusability of Labels, Publishing IDN Registration Policy and Rules and Terminology. The Board also notes that the guidelines 6a, 11, 12, 13, 18 and associated additional notes are considered separable for later implementation by IDNGWG and will consider these after the IDN EPDP has concluded, as per the request by the GNSO. The remaining subset of the IDN Guidelines can be implemented as IDN Guidelines version 4.1.

      The IDN Guidelines version 4.1 will have a positive impact on registrants and end-users because these Guidelines address the security, stability and confusability issues related to the use of IDNs.

      The IDN Guidelines version 4.1 will have a fiscal impact both on ICANN org and the community. ICANN org will have to undertake communication to registries and registrars to inform them about the update in the Guidelines and develop additional processes and tools to be able to determine how effectively the Guidelines are being implemented by registry operators and registrars under relevant contracts. The registry operators will also need to update their registration policies and practices to address the recommendations in the IDN Guidelines version 4.1. For ICANN, the fiscal impact has been accounted for in the FY23 budget and any additional requirements will be incorporated in the future budgets.

      The Board's decision is in the public interest and within the ICANN mission. The IDN Guidelines assist in providing a coordinated approach to improve registration practices and the usage of IDNs at the second level, therefore, contributing to the continued openness, interoperability, resilience, security and stability of the DNS.

    5. Thank You to Ihab Osman for his service to the ICANN Board

      The Chair introduced the agenda item and expressed thanks to Ihab Osman for his work on the Board.

      Whereas, Ihab Osman was nominated by the Nominating Committee to serve as a member of the ICANN Board, with a term starting on 7 November 2019.

      Whereas, Ihab Osman concludes his term on the ICANN Board on 22 September 2022.

      Whereas, Ihab served as a member of the following Board Committees, Working Groups and Caucuses:

      • Audit Committee
      • Governance Committee
      • Strategic Planning Committee
      • Finance Committee
      • Organizational Effectiveness Committee
      • GAC Advice Working Group
      • Strategic Planning Working Group
      • Board Caucus on Auction Proceeds
      • Board Caucus on DNS Abuse
      • Board Caucus on Subsequent Procedures
      • Budgeting and Prioritization of Community Recommendations (BPCR)

      Resolved (2022.09.22.14), Ihab Osman has earned the deep appreciation of the Board for his term of service, and the Board wishes him well in his future endeavors within the ICANN community and beyond.

      All members of the Board approved Resolution 2022.09.22.14 by acclamation. The Resolution carried.

    6. Thank You to Mandla Msimang for her service to the ICANN Board

      The Chair introduced the agenda item and expressed thanks to Mandla Msimang for her work on the Board.

      Whereas, Mandla Msimang was nominated by the Nominating Committee to serve as a member of the ICANN Board, with a term starting on 7 November 2019.

      Whereas, Mandla Msimang concludes her term on the ICANN Board on 22 September 2022.

      Whereas, Mandla served as a member of the following Board Committees, Working Groups and Caucuses:

      • Audit Committee
      • Accountability Mechanisms Committee
      • Finance Committee
      • Organizational Effectiveness Committee
      • Risk Committee
      • Technical Committee
      • Board Anti-Harassment Working Group
      • Board Internationalized Domain Names-Universal Acceptance (IDN-UA) Working Group
      • Internet Governance Working Group
      • Board Caucus on DNS Abuse
      • Board Caucus on Subsequent Procedures
      • Budgeting and Prioritization of Community Recommendations (BPCR)

      Resolved (2022.09.22.15), Mandla Msimang has earned the deep appreciation of the Board for her term of service, and the Board wishes her well in her future endeavors within the ICANN community and beyond.

      All members of the Board approved Resolution 2022.09.22.15 by acclamation. The Resolution carried.

    7. Thank You to Akinori Maemura for his service to the ICANN Board

      The Chair introduced the agenda item and expressed thanks to Akinori Maemura for his work on the Board.

      Whereas, Akinori Maemura was nominated by the Address Supporting Organization to serve as a member of the ICANN Board, with his first term starting on 8 November 2016.

      Whereas, Akinori Maemura concludes his term on the ICANN Board on 22 September 2022.

      Whereas, Akinori served as a member of the following Board Committees, Working Groups and Caucuses:

      • Audit Committee
      • Organizational Effectiveness Committee
      • Risk Committee
      • Technical Committee
      • Board Internationalized Domain Names-Universal Acceptance (IDN-UA) Working Group
      • Board Working Group on Registration Directory Services (RDS)
      • Board Caucus on DNS Abuse
      • Board Caucus on Root Server System (RSS) Governance
      • Registration Directory Service Review (RDS) Caucus

      Resolved (2022.09.22.16), Akinori Maemura has earned the deep appreciation of the Board for his term of service, and the Board wishes him well in his future endeavors within the ICANN community and beyond.

      All members of the Board approved Resolution 2022.09.22.16 by acclamation. The Resolution carried.

    8. Thank You to Kaveh Ranjbar for his service to the ICANN Board

      The Chair introduced the agenda item and expressed thanks to Kaveh Ranjbar for his work on the Board.

      Whereas, Kaveh Ranjbar was selected by the Root Server System Advisory Committee to serve as a liaison to the ICANN Board, with his first term starting on 8 November 2016.

      Whereas, Kaveh Ranjbar concludes his term on the ICANN Board on 22 September 2022.

      Whereas, Kaveh served as a member of the following Board Committees, Working Groups and Caucuses:

      • Audit Committee
      • Accountability Mechanisms Committee
      • Governance Committee
      • Risk Committee
      • Technical Committee
      • Board Anti-Harassment Working Group
      • Board Internationalized Domain Names-Universal Acceptance (IDN-UA) Working Group
      • Board Working Group on Registration Directory Services (RDS)
      • Board Caucus on DNS Abuse
      • Board Caucus on Root Server System (RSS) Governance
      • Board Caucus on Security, Stability and Resiliency Review 2 (SSR2)

      Resolved (2022.09.22.17), Kaveh Ranjbar has earned the deep appreciation of the Board for his term of service, and the Board wishes him well in his future endeavors within the ICANN community and beyond.

      All members of the Board approved Resolution 2022.09.22.17 by acclamation. The Resolution carried.

    9. Thank You to the local supporting organization of ICANN75 Meeting

      The Board wishes to extend its thanks to YBhg. Dato' Sri Abdul Khani bin Daud, CEO of Malaysia Convention and Exhibition Bureau (myCEB) and his team for their great support.

    10. Thank You to Sponsors of ICANN75 Meeting

      The Board wishes to thank the following sponsors: VeriSign Inc., Public Interest Registry, CentralNic Group PLC, PT Aidi Digital Global, and Radix FZC.

    11. Thank You to Interpreters, Staff, Event and Hotel Teams of the ICANN75 Meeting

      The Board expresses its deepest appreciation to the scribes, interpreters, audiovisual team, technical teams, and the entire ICANN staff for their efforts in facilitating the smooth operation of the meeting. The Board would also like to thank the management and staff of the Kuala Lumpur Convention Center for providing a wonderful facility to hold this event. Special thanks are extended to Kuala Lumpur Convention Center team, Alan Pryor, John Burke, Alyson Ow, and Lam Han Pin as well as Gilbert Yeo from Pryde Productions, for helping to make ICANN75 a success.

    12. Thank You to Scribes

      The Board expresses its deepest appreciation to Theresa B Darenougue LLC, the team of scribes who provided real-time transcription services during ICANN's Public Meetings. Teri and her team of scribes have been an integral part of facilitating public participation in nearly all of ICANN's Public Meetings, with their last service during ICANN74, and have contributed greatly to the success of our meetings. 

    13. Thank You to Community Members

      Whereas, ICANN wishes to acknowledge the considerable effort, skills, and time that members of the stakeholder community contribute to ICANN.

      Whereas, in recognition of these contributions, ICANN wishes to express appreciation for and thank members of the community when their terms of service end in relation to our Supporting Organizations, Advisory Committees, Customer Standing Committee, Empowered Community Administration, Nominating Committee, and the Public Technical Identifiers Board.

      Whereas, the following members of the Address Supporting Organization are concluding their terms of service:

      • Louie Lee, Address Supporting Organization Address Councilor
      • Nurani Nimpuno, Address Supporting Organization Address Councilor
      • Aftab Siddiqui, Address Supporting Organization Address Councilor
      • Wafa Zaafouri, Address Supporting Organization Address Councilor

      Resolved (2022.09.22.18), Louie Lee, Nurani Nimpuno, Aftab Siddiqui, and Wafa Zaafouri have earned the deep appreciation of the ICANN Board of Directors for their terms of service, and the ICANN Board of Directors wishes them well in their future endeavors within the ICANN community and beyond.

      Whereas, the following members of the Country Code Names Supporting Organization are concluding their terms of service:

      • Laura Margolis, Country Code Names Supporting Organization Councilor
      • Marie-Noémie Marques, Country Code Names Supporting Organization Councilor

      Resolved (2022.09.22.19), Laura Margolis and Marie-Noémie Marquesand have earned the deep appreciation of the ICANN Board of Directors for their terms of service. The ICANN Board of Directors wishes Laura Margolis and Marie-Noémie Marques well in their future endeavors within the ICANN community and beyond. he ICANN Board of Directors also joins the ICANN community in celebrating the legacy of Dotty Sparks de Blanc, a long time member of the Country Code Names Supporting Organization.

      Whereas, the following members of the Generic Names Supporting Organization are concluding their terms of service:

      • Maxim Alzoba, Generic Names Supporting Organization Councilor
      • Heather Forrest, Intellectual Property Constituency President
      • Philippe Fouquart, Generic Names Supporting Organization Chair
      • Wolf-Ulrich Knoben, Internet Service Providers and Connectivity Providers Constituency Chair
      • Dean Marks, Intellectual Property Constituency Vice President
      • Flip Petillion, Generic Names Supporting Organization Councilor
      • Juan Manuel Rojas, Generic Names Supporting Organization Councilor
      • Bruna Martins dos Santos, Noncommercial Stakeholder Group Chair
      • Waudo Siganga, Commercial Stakeholder Group Executive Committee Member

      Resolved (2022.09.22.20), Maxim Alzoba, Heather Forrest, Philippe Fouquart, Wolf-Ulrich Knoben, Dean Marks, Flip Petillion, Juan Manuel Rojas, Bruna Martins dos Santos, and Waudo Siganga have earned the deep appreciation of the ICANN Board of Directors for their terms of service. The ICANN Board of Directors wishes them well in their future endeavors within the ICANN community and beyond.

      Whereas, the following members of the At-Large community are concluding their terms of service:

      • Satish Babu, Asian, Australasian and Pacific Islands Regional At-Large Organization Chair
      • Amrita Choudhury, Asian, Australasian and Pacific Islands Regional At-Large Organization Vice Chair
      • Eduardo Diaz, North American Regional At-Large Organization Chair
      • Pari Esfandiari, At-Large Advisory Committee Member
      • Lianna Galstyan, Asian, Australasian and Pacific Islands Regional At-Large Organization Vice Chair
      • Maureen Hilyard, At-Large Advisory Committee Chair
      • Joanna Kulesza, At-Large Advisory Committee Vice Chair
      • Cheryl Langdon-Orr, At-Large Advisory Committee Liaison to the Generic Names Supporting Organization
      • Marita Moll, At-Large Advisory Committee Member
      • Sindy Obed, At-Large Advisory Committee Member
      • Barrack Otieno, At-Large Advisory Committee Liaison to the Country Code Names Supporting Organization
      • Holly Raiche, At-Large Advisory Committee Member
      • Greg Shatan, At-Large Advisory Committee Member
      • Jonathan Zuck, At-Large Advisory Committee Vice Chair

      Resolved (2022.09.22.21), Satish Babu, Amrita Choudhury, Eduardo Diaz, Pari Esfandiari, Lianna Galstyan, Maureen Hilyard, Joanna Kulesza, Cheryl Langdon-Orr, Marita Moll, Sindy Obed, Barrack Otieno, Holly Raiche, Greg Shatan and Jonathan Zuck have earned the deep appreciation of the ICANN Board of Directors for their terms of service, and the ICANN Board of Directors wishes them well in their future endeavors within the ICANN community and beyond.

      Whereas, the following members of the Governmental Advisory Committee are concluding their terms of service:

      • Jorge Cancio, Governmental Advisory Committee Vice Chair
      • Pua Hunter, Governmental Advisory Committee Vice Chair
      • Guiguemde Ragnimpinda Jacques Rodrigue, Governmental Advisory Committee Vice Chair

      Resolved (2022.09.22.22), Jorge Cancio, Pua Hunter, and Guiguemde Ragnimpinda Jacques Rodrigue have earned the deep appreciation of the ICANN Board of Directors for their terms of service, and the ICANN Board of Directors wishes them well in their future endeavors within the ICANN community and beyond.

      Whereas, the following members of the Root Server System Advisory Committee have concluded their terms of service:

      • Anand Buddhdev, Root Server System Advisory Committee Alternate Representative
      • Brad Verd, Root Server System Advisory Committee Vice Chair
      • Kevin Wright, Root Server System Advisory Committee Representative

      Resolved (2022.09.22.23), Anand Buddhdev, Brad Verd, and Kevin Wright have earned the deep appreciation of the ICANN Board of Directors for their terms of service, and the ICANN Board of Directors wishes them well in their future endeavors within the ICANN community and beyond.

      Whereas, the following members of the Security and Stability Advisory Committee have concluded their terms of service:

      • Cristian Heselman, Security and Stability Advisory Committee Member
      • Paul Ebersman, Security and Stability Advisory Committee Member

      Resolved (2022.09.22.24), Cristian Heselman and Paul Ebersman have earned the deep appreciation of the ICANN Board of Directors for their terms of service, and the ICANN Board of Directors wishes them well in their future endeavors within the ICANN community and beyond.

      Whereas, the following members of the Customer Standing Committee are concluding their terms of service:

      • Lars-Johan Liman, Customer Standing Committee Chair
      • Gaurav Vedi, Customer Standing Committee Member
      • Laxmi Prasad Yadav, Customer Standing Committee Liaison from the Governmental Advisory Committee

      Resolved (2022.09.22.25), Lars-Johan Liman, Gaurav Vedi, and Laxmi Prasad Yadav have earned the deep appreciation of the ICANN Board of Directors for their terms of service, and the ICANN Board of Directors wishes them well in their future endeavors within the ICANN community and beyond.

      Whereas, the following member of the Empowered Community Administration has concluded his term of service:

      • Oscar Robles, Empowered Community Administration Member

      Resolved (2022.09.22.26), Oscar Robles has earned the deep appreciation of the ICANN Board of Directors for his term of service, and the ICANN Board of Directors wishes him well in his future endeavors within the ICANN community and beyond.

      Whereas, the following member of the Public Technical Identifiers Board is concluding her term of service:

      • Lise Fuhr, Public Technical Identifiers Board Chair

      Resolved (2022.09.22.27), Lise Fuhr has earned the deep appreciation of the ICANN Board of Directors for her term of service, and the ICANN Board of Directors wishes her well in his future endeavors within the ICANN community and beyond.

      Whereas, the following members of the Nominating Committee are concluding their terms of service:

      • Damon Ashcraft, Nominating Committee Chair-Elect
      • Paul Diaz, Nominating Committee Delegate
      • Ole Jacobsen, Nominating Committee Associate Chair
      • Juhani Juselius, Nominating Committee Delegate
      • Scott McCormick, Nominating Committee Delegate
      • Adetola Sogbesan, Nominating Committee Delegate

      Resolved (2022.09.22.28), Damon Ashcraft, Paul Diaz, Ole Jacobsen, Juhani Juselius, Scott McCormick, and Adetola Sogbessan have earned the deep appreciation of the ICANN Board of Directors for their terms of service, and the ICANN Board of Directors wishes them well in their future endeavors within the ICANN community and beyond.

      Whereas, Vanda Scartezini received the 2022 ICANN Community Excellence Award.

      Resolved (2022.09.22.29), Vanda Scartezini has earned the deep appreciation of the ICANN Board of Directors for her dedication to ICANN's multistakeholder model, and the ICANN Board of Directors wishes her well in her future endeavors within the ICANN community and beyond.

      Whereas, Wolfgang Kleinwächter received the 2022 Dr. Tarek Kamel Award for Capacity Building.

      Resolved (2022.09.22.30), Wolfgang Kleinwächter has earned the deep appreciation of the ICANN Board of Directors for his consistent contributions over decades to local, regional, and global capacity-building programs and pioneering the school of internet governance concept, and the ICANN Board of Directors wishes him well in his future endeavors within the ICANN community and beyond.

      Whereas, the ICANN Board acknowledges the extraordinary impact of the COVID-19 pandemic on the ICANN community and its work.

      Resolved (2022.09.22.31), the ICANN Board recognizes the incredible resilience of the ICANN community to affirm the mission of ICANN and looks forward to a renewed commitment to the multistakeholder model.

      All members of the Board approved Resolutions 2022.09.22.18, 2022.09.22.119, 2022.09.22.20, 2022.09.22.21, 2022.09.22.22, 2022.09.22.23, 2022.09.22.24, 2022.09.22.25, 2022.09.22.26, 2022.09.22.27, 2022.09.22.28, 2022.09.22.29, 2022.09.22.30, and 2022.09.22.31 by acclamation. The Resolutions carried.

      Rationale for Resolutions 2022.09.22.18 – 2022.09.22.31

      Community-driven work is at the core of ICANN's mission. Countless hours are spent in working groups across the Supporting Organizations, Advisory Committees, and other groups, including the Customer Standing Committee, Empowered Community Administration, Nominating Committee, and the Public Technical Identifiers Board. Together, these community groups develop and refine policies that ensure the security, stability, and resiliency of the global Internet. The Board is grateful for the community's tireless efforts and cooperative spirit shown over the last year.

    The Chair then called the meeting to a close.

Published on 23 January 2023


1 As well as the gTLD Registries Stakeholder Group (RySG), Business Constituency (BC), At-Large Advisory Committee (ALAC), Non-Commercial Stakeholders Group (NCSG), and Registrar Stakeholder Group (RrSG), and two individual Public Comment submissions.