[council] Approved Board Resolutions from the Board meeting in Amsterdam on 15 May 2016

[Bruce Tonkin <Bruce.Tonkin@xxxxxxxxxxxxxxxxxx>]

From:   
https://www.icann.org/resources/board-material/resolutions-2016-05-15-en 

Approved Board Resolutions | Regular Meeting of the ICANN Board

15 May 2016


 
 
1.Consent Agenda:
 
        a. Approval of Board Meeting Minutes

Resolved (2016.05.15.01), the Board approves the minutes of the 3, 9 and 10 
March 2016 Meetings of the ICANN Board.

 
        b. Security & Stability Advisory Committee (SSAC) Appointment

Whereas, the Security and Stability Advisory Committee (SSAC) reviews its 
membership and makes adjustments from time-to-time.

Whereas, the SSAC Membership Committee, on behalf of the SSAC, requested that 
the Board should appoint John R. Levine to the SSAC for a three-year term 
beginning immediately upon approval by the Board and ending on 31 December 2019.

Resolved (2016.05.15.02), the Board appoints John R. Levine to the SSAC for a 
three-year term beginning immediately and ending on 31 December 2019.
 

 
        c. GNSO gTLD Registries Stakeholder Group Charter Amendments (2016)

Whereas, the ICANN Bylaws (Article X, Section 5.3) state, "Each [GNSO] 
Stakeholder Group shall maintain recognition with the ICANN Board."

Whereas, the Board has established a Process For Amending GNSO Stakeholder 
Group and Constituency Charters (the "Process").

Whereas, the GNSO gTLD Registries Stakeholder Group (RySG), ICANN staff, and 
the Organizational Effectiveness Committee (OEC) have completed all steps 
identified in the Process.

Whereas, the amendments appear to address a number of matters the Board 
directed to the RySG's attention in previous Board Resolution Number 
2015.10.22.14.

Resolved (2016.05.15.03), the ICANN Board approves the RySG Charter Amendments 
as documented in the briefing materials submitted to the Board The RySG and 
ICANN staff are directed to provide access to the new governing document on the 
appropriate web pages for the RySG. The Board directs the RySG to review the 
changes within one year to determine if they are having the intended impacts. 
ICANN staff is further directed to share this resolution with the leadership of 
the RySG.
 

 
        d. Conduct at ICANN Meetings

Whereas, during and after ICANN55, the issue of certain community-member 
conduct toward one another has been raised in various sessions and lists.

Whereas, the Board Governance Committee (BGC) has reviewed proposed revisions 
to the language of the Expected Standards of Behavior that align with generally 
accepted broad standards for areas of protection, and recommended that the 
Board authorize the revised version be posted for public comment.

Whereas, the BGC also has recommended that the Board direct the President and 
CEO, or his designee(s), to retain an expert, as appropriate, with experience 
in drafting and implementing relevant anti-harassment policies to assist in the 
development of a Community anti-harassment policy/procedure to be followed at 
ICANN Public Meetings.

Resolved (2016.05.15.04), the Board hereby authorizes the posting for public 
comment of the proposed revised Expected Standards of Behavior.

Resolved (2016.05.15.05), the Board hereby directs the President and CEO, or 
his designee(s), to retain an expert, as appropriate, with experience in 
drafting and implementing relevant anti-harassment policies to assist in the 
development of a Community anti-harassment policy/procedure to be followed at 
ICANN Public Meetings, which could include items such as complaints handling 
and resolution and enforcement processes.
 

        e.  Board Working Group on Internet Governance (BWG-IG)

Whereas, the Internet governance landscape continues to evolve, and ICANN's 
role within the Internet governance ecosystem will also continue to evolve and 
will benefit from an enhanced dialogue between the Board and management working 
on Internet governance issues.

Whereas, the Board Governance Committee (BGC) has recommended that the Board 
form a Board Working Group on Internet Governance (BWG-IG) to provide 
consultation and advice on ICANN's efforts related to involvement in Internet 
governance work, as appropriate within ICANN's mission and in service of 
ICANN's strategic plan, which includes providing consultation with ICANN staff 
on collaboration and engagement in Internet governance activities.

Whereas, the BGC has recommended that the Board appoint the following Board 
members to the BWG-IG: Rinalia Abdul Rahim, Ron da Silva, Chris Disspain, 
Markus Kummer (Chair), Erika Mann, George Sadowsky and Lousewies van der Laan.

Resolved (2016.05.15.06), the Board hereby approves the establishment of a 
Board Working Group on Internet Governance (BWG-IG) in accordance with the 
Charter recommended by the BGC with the following membership: Rinalia Abdul 
Rahim, Ron da Silva, Chris Disspain, Markus Kummer (Chair), Erika Mann, George 
Sadowsky and Lousewies van der Laan.


 
2.  Main Agenda:
 
        a. Consideration of GNSO Policy Recommendations concerning the 
Accreditation of Privacy and Proxy Services

Whereas, on 31 October 2013, the GNSO Council approved the charter for a 
Working Group to conduct a Policy Development Process that had been requested 
by the ICANN Board concerning the accreditation by ICANN of privacy and proxy 
domain name registration service providers, as further described at 
http://gnso.icann.org/en/drafts/raa-pp-charter-22oct13-en.pdf [PDF, 463 KB].

Whereas, the PDP followed the prescribed PDP steps as stated in the ICANN 
Bylaws, resulting in a Final Report being delivered to the GNSO Council on 8 
December 2015.

Whereas, the Privacy & Proxy Services Accreditation Issues PDP Working Group 
(WG) reached Full Consensus on all its final recommendations (see 
http://gnso.icann.org/en/issues/raa/ppsai-final-07dec15-en.pdf) [PDF, 1.2 MB].

Whereas, the GNSO Council reviewed and discussed the final recommendations of 
the Privacy & Proxy Services Accreditation Issues PDP WG, and adopted the 
recommendations on 21 January 2016 by a unanimous vote (see: 
http://gnso.icann.org/en/council/resolutions#201601).

Whereas, the GNSO Council vote met and exceeded the required voting threshold 
(i.e. supermajority) to impose new obligations on ICANN contracted parties.

Whereas, in accordance with the ICANN Bylaws, a public comment period was 
opened on the approved recommendations to provide the community with a 
reasonable opportunity to comment on their adoption prior to action by the 
ICANN Board, and the comments received have been summarized and reported (see 
https://www.icann.org/en/system/files/files/report-comments-ppsai-recommendations-31mar16-en.pdf)
 [PDF, 299 KB].

Whereas, the ICANN Bylaws provide that the Board is to request the GAC's 
opinion regarding "any policies that are being considered by the Board for 
adoption that substantially affect the operation of the Internet or third 
parties, including the imposition of any fees or charges" and "take duly into 
account any advice timely presented" as a result.

Whereas, the Board notified the GAC of the publication of the GNSO's final 
recommendations for public comment on 19 February 2016 (see 
https://gacweb.icann.org/download/attachments/27492514/2016-02-19-Steve-Crocker-to-Thomas-Schneider-GNSO-PDP.pdf?version=1&modificationDate=1456046942000&api=v2)
 [PDF, 819 KB].

Whereas, in its Marrakech Communique issued on 9 March 2016 the GAC advised the 
ICANN Board that it needed more time to consider potential public policy 
concerns relating to the adoption of the final PDP recommendations, and 
identifying that the June 2016 ICANN56 meeting would be an appropriate 
opportunity to further consider these items (see 
https://gacweb.icann.org/download/attachments/28278854/GAC%20Morocco%2055%20Communique%20FINAL.pdf?version=1&modificationDate=1458046221000&api=v2)
 [PDF, 567 KB].

Resolved (2016.05.15.07), the Board thanks the GNSO for completing the 
Board-requested Policy Development Process (PDP) and acknowledges receipt of 
the PDP Final Report and the GNSO Council's Recommendations Report concerning 
the final PDP recommendations.

Resolved (2016.05.15.08), the Board identifies that more time is required to 
consider the final PDP recommendations, including time for the provision and 
consideration of GAC advice, if any will be provided. The Board anticipates 
taking further action on the recommendations at the first Board meeting 
following the ICANN56 Public Meeting in Helsinki, Finland.
 

 
        b.  Report re: .HOTEL

No resolution taken.

 
        C.  SO/AC FY17 Additional Budget Requests Approval

Whereas, prior discussions between community members and ICANN staff members 
identified the need for an earlier decision on the funding of additional budget 
requests from ICANN's Supporting Organizations (SO) and Advisory Committees 
(AC).

Whereas, the staff created an SO/AC additional budget requests process, to 
collect, review and submit for Board approval funding requests from the SOs and 
ACs.

Whereas, requests were submitted by the ICANN community by the set deadline, 
and were reviewed by a panel of staff members representing the Policy, 
Stakeholder Engagement and Finance departments.

Whereas, the review panel recommended the approval of requests representing 
$643,700 for approval.

Whereas the Board Finance Committee, reviewed the process followed and the 
staff proposal, and has recommended that the Board approve the staff 
recommendation.

Resolved (2016.05.15.09), the Board approves committing $643,700 during Fiscal 
Year 2017 to cover the costs associated with the adopted SO/AC additional 
budget requests.


d. October 2016 ICANN Meeting Venue Contracting

Whereas, ICANN intended to hold its third Public Meeting of 2016 in San Juan, 
Puerto Rico, in the North America region.

Whereas, the Zika Virus outbreak in Puerto Rico has caused the need for a 
relocation of the Public Meeting.

Whereas, ICANN must identify an alternative venue.

Resolved (2016.05.15.10), the Board authorizes the President and CEO, or his 
designee(s), to engage in and facilitate all necessary contracting and 
disbursements for ICANN 57 in an amount [REDACTED FOR NEGOTIATION PURPOSES].

Resolved (2016.05.15.11), specific items within this resolution shall remain 
confidential for negotiation purposes pursuant to Article III, section 5.2 of 
the ICANN Bylaws until the President and CEO determines that the confidential 
information may be released.

 

 
        e.  USG IANA Stewardship Transition - Additional FY16 Expenses and 
Funding

Whereas, the Board has approved expense budget envelopes to support the IANA 
Stewardship Transition Project ("Project") during FY15 and FY16, and all 
approved budget envelopes will have been used after the ICANN Meeting 55 in 
Marrakech.

Whereas, a Project Cost Support Team was implemented to produce Project expense 
estimates for the remainder of FY16 and for FY17 for the Project.

Whereas, Project Cost Support Team produced expense estimates for the Project 
expenses of up to approximately US$5.4 million to be incurred through the 
remainder of FY16.

Whereas, the Board Finance Committee met on 3 March 2016 and has approved to 
recommend to the Board to approve an additional Project expense budget envelope 
of up US$5.4 million to cover Project expenses through the remainder of FY16.

Resolved (2016.05.15.12), the Board approves a budget envelope of up to US$5.4 
million to cover the costs of the Project to be incurred through the remainder 
of FY16 to be funded through a fund release from the Reserve Fund.
 

f. AOB
 
i. Enhancing Openness and Transparency - Board Deliberations

Whereas, the Board believes that providing increased access to Board 
deliberations is important, and that increased openness is an important means 
of working toward that goal.

Whereas, the ICANN Board discussed at its Amsterdam workshop how to improve its 
functioning and agreed that enhancing the visibility into the Board 
deliberations and decision-making processes was an important part of becoming 
more accountable and more transparent.

Whereas, the Board noted the call from the community for increased openness and 
transparency.

Whereas, the Board believes that a positive first step towards increased 
openness is publicly posting transcripts and/or recordings of its deliberative 
sessions to the extent that such information or dialogue is not subject to 
confidentiality restrictions or privilege.

Resolved (2016.05.15.13), the Board directs the President and CEO, or his 
designee(s), to work with the Board to develop a proposed plan for the 
publication of transcripts and/or recordings of Board deliberative sessions, 
with such plan to include an assessment of possible resources costs and fiscal 
impact, and draft processes to: (i) ensure the accuracy of the transcript; and 
(ii) for redaction of portions of the transcript that should be maintained as 
confidential or privileged.

Resolved (2016.05.15.14), the Board expects to evaluate the plan in Helsinki, 
and if satisfactory to begin testing of the proposed processes relating to 
publication of transcripts and/or recordings of the Board's deliberative 
sessions as soon as practicable after Helsinki.
 



 
3. Executive Session - CONFIDENTIAL

The Board held a confidential portion of the session relating to employment 
matters.