(Posted 19 February 2009)
[Formal Minutes are still to be approved by the ICANN Board]
This is a preliminary report of the approved resolutions resulting from the Special Meeting of the ICANN Board of Directors, which took place on 12 February 2009.
This has not been approved by the Board and does not constitute minutes but a preliminary attempt to capture the resolutions from that meeting. Details on voting and abstentions will be provided in the Board's Minutes.
Discussion of New gTLD’s Implementation Plan and Public Comments
1) Review plan for analysis and response to public comment
Staff outlined and the board discussed the process for collecting, sorting, analyzing and reporting on public comment, the draft analysis and responses to the public comments, and a draft of a second revised version of the New gTLD Applicant Guidebook.
2) Consideration of specific issues: Staff noted that the response to public comment includes proposed conclusions that would result in changes to the applicant guidebook. Staff highlighted several of the key issues and the board discussed these issues to aid in the direction of the next draft version of the applicant guidebook. Specific issues raised and presentations were provided on the following topics, some discussion among board members were raised on a number of the topics, and on other topics it was agreed that there was insufficient time to discuss in detail but that positions could be set out in the guidebook to request additional public comments:
- Security and Stability
- Malicious Conduct
- Brand protections
- Demand / Economic Analysis
- Financial Considerations
- Annual Fees
- Evaluation Fees
- Geographical Names
- Morality and Public Order Dispute Resolution
- Independent Objection
- String Contention: Last Resort Dispute Resolution / Auction
- Registry Agreement
- Amendment Process
- Covenants of ICANN
- Price Controls
- Registry/Registrar Separation
- Treatment of Applications from 2000 round
3. General sense of the board was attained regarding need for additional public comments and the requirement for an additional round (third round) of comments before any RFP could be issued.
4. A resolution on the issues surrounding the need to resolve contending identical string applications. It was noted by Board Members that there had been considerable discussion on auctions as the mechanism for string contentions and other possible mechanisms. The Board members discussed the need to understand how proceeds from any auctions might be dealt with before it could be considered further. Following this discussion, the Chairman asked whether it would be appropriate to direct staff to prepare a preliminary paper and proposed the following resolution, which was moved by Bruce Tonkin and seconded by Steve Goldstein:
It is hereby resolved (2009-02-12-001), that Staff is directed to prepare a preliminary paper setting forth possible guidelines for a foundation or other mechanism that might be established to appropriately deal with the proceeds that might result from auctions.
The board unanimously passed this resolution by a voice vote.
5. On other topics where there was insufficient time for a full discussion, it was agreed that the proposed positions could be set out in the guidebook and publication documents and that this would allow for additional public comments to be considered.