RE: [council] Preliminary Report of ICANN Board meeting - 3 Feb 2009

["Mike Rodenbaugh" <icann@xxxxxxxxxxxxxx>]

Thanks Bruce.

Re term limits, is it correct that terms served up and through Seoul do not
count against the limit?  What about those of us who are in mid-term as of
the end of Seoul meeting, is it correct that we could serve two more terms
after the AGM in 2010 (when our current terms expire)?

Best,
Mike

-----Original Message-----
From: owner-council@xxxxxxxxxxxxxx [mailto:owner-council@xxxxxxxxxxxxxx] On
Behalf Of Bruce Tonkin
Sent: Thursday, February 12, 2009 1:03 PM
To: Council GNSO
Subject: [council] Preliminary Report of ICANN Board meeting - 3 Feb 2009


Hello All,

See below for the preliminary report of the ICANN Board meeting held on
3 Feb 2009.

Note issues of relevance for the GNSO include:

- resolution for SSAC/RSSAC stability study resulting from
implementation of DNSSEC, IDNs, new IDN-ccTLDs, etc. (see item 3)

- GNSO term limits - take effect after 2009 AGM   (see item 4) 

- renewal of .aero agreement (see item 10)

Regards,
Bruce Tonkin



From:   http://www.icann.org/en/minutes/prelim-report-03feb09.htm
Preliminary Report
Resolutions of Special Board Meeting

3 February 2009
(Posted 10 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
3 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.

1. Consent Agenda -- Approval of Minutes / Acceptance of Board Committee
Reports 
========================================================================
========

Minutes - Approved Resolution (approved by voice vote - unanimous)

It is, Resolved (2009-02-03-01) that the Minutes of the Special Board
Meeting of 11 December 2008 are hereby approved. 

Acceptance of Board Committee Reports - Approved Resolution (voice vote
- unanimous) - 

It is, Resolved (2009-02-03-02) that the following Reports from Board
Committees are hereby accepted and received by the Board: 

A -- Board Governance Committee - 3 December 2008 Minutes, and 7 January
2009 Preliminary Report
B -- Finance Committee - 18 November 2008 Minutes and 13 January 2009
Preliminary Report
C -- IANA Committee - 10 December 2008 Preliminary Report
D -- Public Participation Committee -16 December 2008 Minutes and 14
January 2009 Preliminary Report
E -- Structural Improvements Committee -13 January 2009 Preliminary
Report 



2. 2009-2012 Strategic Plan Approval 
=====================================

Approved Resolution - (Approved by a voice vote 14 affirmative, 1
negative and no abstentions)

Whereas, ICANN's July 2009 through June 2012 Strategic Plan builds on
the work of the previous plan, and is based on input from the ICANN
Board of Directors, through consultation with the community through
workshops held in multiple ICANN meetings, and through public forums on
the ICANN website. 

Whereas, the 2009-2012 Strategic Plan describes nine strategic
initiatives, and principal objectives and specific outcomes for these
initiatives. 

Whereas, the strategic objectives in the plan will form the framework
around which the July 2009 through June 2010 Operational Plan and the
associated budget are constructed. Whereas, members of the community
have been very generous with their time and the Board appreciates the
work that they have done. 

It is hereby resolved (2009-02-03-03) the Board approves the July 2009-
June 2012 Strategic Plan, and directs the President and staff to move
forward with the community-based operational planning process based on
the strategic objectives as set forth in the plan. 



3. SSAC/RSSAC Stability Study - Approved Resolution - 
(approved by voice vote - unanimous)
========================================================================
=======

Whereas, over a short period of time, significant changes to root zone
operations are anticipated, including the still-recent addition of IPv6
records to the root, and planned implementation of DNSSEC, IDNs, new cc
IDNs, and new generic top level domains. 

Whereas, the aggregate impact of these anticipated changes should be
formally analyzed for impacts on scalability and stability. 

It is hereby resolved (2009-02-03-04) the Chairman of ICANN's Board
communicate with the Chairpersons of SSAC and RSSAC and ICANN President
to request an overall root zone stability study a letter setting out
some of the following points that should be addressed: 

Various important technology and policy initiatives related to the root
zone and root zone operations are now coming to fruition. These include
the still-recent addition of IPv6 access to root services, and the
planned addition of Internationalized Domain Names at the root level,
signing the root zone with DNSSEC technology, new country code IDN top
level domains, and new generic top level domains. 

ICANN has conducted a number of efforts to understand the potential
security and stability impacts of these changes individually. The RSSAC
and SSAC jointly issued an analysis of adding IPv6 records to the root
in 2007 (see http://www.icann.org/committees/security/sac018.pdf and
IANA's report at
http://www.iana.org/reports/2008/root-aaaa-announcement.html). The
addition of IDNs to the root has been the subject of significant advance
planning, and an extended real-world testbed (see for example SSAC's
report at http://www.icann.org/committees/security/sac020.pdf, and
IANA's report at
http://www.iana.org/reports/2007/testetal-report-01aug2007.html). DNSSEC
has benefited from extensive root zone test bed experience and been
extensively analyzed though not specifically for the root (see for
example
http://www.net.informatik.tu-muenchen.de/~anja/feldmann/papers/dnssec05.
pdf, and the RSTEP report on PIR's DNSSEC implementation at
http://www.icann.org/registries/rsep/rstep-report-pir-dnssec-04jun08.pdf
.). Finally, an ICANN staff paper on root zone impact of new TLDs was
published for public comment in February, 2008 (see
http://icann.org/topics/dns-stability-draft-paper-06feb08.pdf ); this
document was based in part on conversations with SSAC and RSSAC members,
though not adopted/approved by either committee. 

Given that these changes - IPv6 records in the root zone, DNSSEC, IDNs,
and new TLDs (country code and generic) - have not been analyzed for
their combined impact on root zone operations, the ICANN Board requests
the SSAC and RSSAC jointly conduct a study analyzing the impact to
security and stability within the DNS root server system of these
proposed implementations. The analysis should address the implications
of initial implementation of these changes occurring during a compressed
time period. ICANN must ensure that potential changes in the technical
management of the root zone and scope of activity at the TLD level
within the DNS will not pose significant risks to the security and
stability of the system. The study should address the capacity and
scaling of the root server system to address a stressing range of
technical challenges and operational demands that might emerge as part
of the implementation of proposed changes. 

The ICANN Board requests the Committee develop a terms of reference for
the Study and appoint a steering committee to guide the effort by 28
February 2009. 

The Board further requests the study involve direct participation by
senior ICANN technical staff involved with its planned implementations
of these activities and to provide necessary support to implement
aspects of this study under terms and with ultimate approval of the
advisory committees. Additionally, the Board seeks to ensure the process
for establishing the study terms, design and implementation will address
the technical and operational concerns regarding expanding the DNS root
zone that have been expressed on this topic. The Board seeks study
findings and recommendations by 15 May 2009. 



4. GNSO Council Term Limits - Approved Resolution 
(approved by voice vote - unanimously)
========================================================================
====

Whereas, the GNSO Council recommended term limits for GNSO Council
members in November 2006; and 

Whereas, the ICANN Board approved the recommendation of term limits for
GNSO Council members as part of its approval of the GNSO Improvements
Report on 26 June 2006; and 

Whereas an amended bylaws provision establishing term limits has been
posted and public comments solicited and duly considered by the Board;
and 

Whereas the Board finds that term limits will enhance inclusiveness and
enable more people to become involved in Council activities. 

It is hereby resolved (2009-02-03-05) that the Board approves a
modification to the ICANN Bylaws, Article X, Section 3, which shall take
effect following the end of the ICANN Board's 2009 Annual General
Meeting, to prohibit a GNSO Council member from serving more than two
consecutive terms. Moreover, a former Council member must remain off the
GNSO Council for one full term prior to serving any subsequent term. It
is further resolved that an exception is permitted in a "special
circumstance" (such as with respect to geographic diversity
requirements, where no alternative representative is available to
serve), in which case a Council member may serve one additional term. A
"special circumstance" is approved by majority vote of the GNSO Council.



5. Redelegation of .SO (Somalia) Domain - 
(approved by voice vote, 11 affirmative votes, no negative votes and
three abstentions)
========================================================================
=========

Whereas, the .SO top-level domain is the designated country-code for
Somalia.

Whereas, ICANN has received a request for redelegation of .SO to the
Ministry of Post and Telecommunications of the Transitional Federal
Government of Somalia.

Whereas, ICANN has reviewed the request, and has determined that the
proposed redelegation would be in the best interest of the local and
global Internet communities. 

Whereas, the ICANN Board the board is satisfied with the IANA assessment
and believes that the applicant meets the relevant policy criteria. 

It is hereby resolved (2009-02-03-06) , that the proposed redelegation
of the .SO domain to the Ministry of Post and Telecommunications of the
Transitional Federal Government of Somalia is approved. 



6. Bylaws Provisions Changes - Relating to Request from Nominating
Committee - (approved by voice vote - unanimous)
========================================================================
========

Whereas, the Nominating Committee has expressed concern that, pursuant
to the 

Bylaws mandated diversity requirements that no more than five Board
members be citizens of any one geographic region, the NomCom is required
to count all countries of citizenship for each candidate. 

Whereas, the NomCom has noted that the requirement to count all
countries of citizenship has caused some selection difficulties each
year over the past several years. 

Whereas, the NomCom has also expressed concern that the calculation is
presently limited to citizenship given that many people have lived for
long periods of time in, and represent the interests of, countries in
which they may not be citizens. 

Whereas, making a diversity calculation pursuant to the ICANN Bylaws as
it relates to Board member selection for seats 1 through 14 should be
consistent. 

Whereas, ICANN has received public comment on the proposed revision. 

It is hereby resolved (2009-02-03-07) , that the following proposed
revisions to Article VI, Sections 2.2 and 2.3, are approved: 

ICANN Bylaws, Article VI, section 2.2: 

In carrying out its responsibilities to fill Seats 1 through 8, the
Nominating 

Committee shall seek to ensure that the ICANN Board is composed of
members who in the aggregate display diversity in geography, culture,
skills, experience, and perspective, by applying the criteria set forth
in Section 3 of this Article. At no time when it makes its selection
shall the Nominating Committee select a Director to fill any vacancy or
expired term whose selection would cause the total number of Directors
(not including the President) from countries in any one Geographic
Region (as defined in Section 5 of this Article) to exceed five; and the
Nominating Committee shall ensure when it makes its selections that the
Board includes at least one Director who is from a country in each ICANN
Geographic Region ("Diversity Calculation"). 

For purposes of this sub-section 2 of Article VI, Section 2 of the ICANN


Bylaws, if any candidate for director maintains citizenship of more than
one country, or has been domiciled for more than five years in a country
of which the candidate does not maintain citizenship ("Domicile"), that
candidate may be deemed to be from either country and must select in
his/her Statement of Interest the country of citizenship or Domicile
that he/she wants the Nominating Committee to use for Diversity
Calculation purposes. For purposes of this sub- section 2 of Article VI,
Section 2 of the ICANN Bylaws, a person can only have one "Domicile,"
which shall be determined by where the candidate has a permanent
residence and place of habitation. 

ICANN Bylaws, Article VI, section 2.3: 

In carrying out their responsibilities to fill Seats 9 through 14, the
Supporting 

Organizations shall seek to ensure that the ICANN Board is composed of
members that in the aggregate display diversity in geography, culture,
skills, experience, and perspective, by applying the criteria set forth
in Section 3 of this Article. At any given time, no two Directors
selected by a Supporting Organization shall be citizens from the same
country or of countries located in the same Geographic Region. 

For purposes of this sub-section 3 of Article VI, Section 2 of the ICANN


Bylaws, if any candidate for director maintains citizenship of more than
one country, or has been domiciled for more than five years in a country
of which the candidate does not maintain citizenship ("Domicile"), that
candidate may be deemed to be from either country and must select in
his/her Statement of Interest the country of citizenship or Domicile
that he/she wants the Supporting Organization to use for selection
purposes. For purposes of this sub-section 3 of Article VI, Section 2 of
the ICANN Bylaws, a person can only have one "Domicile," which shall be
determined by where the candidate has a permanent residence and place of
habitation.


7. Bylaw Revisions Regarding Board Committees - (approved by voice vote
- unanimous)
========================================================================
===========

Whereas, on 7 November 2008 the ICANN Board resolved to dissolve the 

Reconsideration Committee and the Conflicts of Interest Committee, and
move the responsibilities of those committees to the Board Governance
Committee. 

Whereas, the ICANN Bylaws specifically reference that a "Reconsideration
Committee" shall handle Reconsideration Requests. 

Whereas, the ICANN Bylaws state that a committee is to be designated by
the Board to handle matters relating to conflicts of interest, including
oversight of a Conflicts of Interest Policy and annual Conflicts of
Interest Statements by Board members. 

Whereas, ICANN held a 30-day public comment period on the proposed
Bylaws revisions. 

Resolved (2009-02-03-08) , that the Bylaws be revised to reflect that
the Board Governance 

Committee is the committee that is now responsible for handling matters
previously handled by the Reconsideration Committee and the Conflicts of
Interest Committee. 


8. Board Governance Committee Recommendation re Appointment of Liaisons
to Memberships of Board Committees - (approved by voice vote -
unanimous)
========================================================================
==============

Whereas, the Board Governance Committee has confirmed that Board
Liaisons should be able to participate as non-voting members on certain
Board committees. 

Whereas, the IANA Committee has invited Thomas Narten and Suzanne Woolf
to join the IANA Committee. 

Whereas, the Public Participation Committee has invited Thomas Narten to
join the Public Participation Committee. 

Whereas, the Board Governance Committee has considered the invitations
set for the above and recommends that the Board approve them. 

Resolve (2009-02-03-09) , , the Board Governance Committee is reviewing
the ongoing roles of Liaisons within Board Committees, 

Resolved (2009-02-03-10) , , Thomas Narten is appointed as a non-voting
member of the Public Participation Committee. 

Resolved (2009-02-03-11) , Thomas Narten and Suzanne Woolf are appointed
as non-voting members of the IANA Committee. 


9. Redelegation of the .BY (Belarus) Domain - (approved by voice vote -
unanimous)
========================================================================
===========

Whereas, the .BY top-level domain is the designated country-code for
Belarus. 

Whereas, ICANN has received a request for redelegation of .BY to Open
Contact Ltd. 

Whereas, ICANN has reviewed the request, and has determined that the
proposed redelegation would be in the best interest of the local and
global Internet communities. 

It is hereby resolved (2009-02-03-12) , that the proposed redelegation
of the .BY domain to Open Contact Ltd is approved. 


10. Renewal of .AERO Sponsorship Agreement - (approved by voice vote -
unanimous)
========================================================================
=========

Whereas, ICANN staff conducted good-faith negotiations with SITA NV,
sponsor for the .AERO sponsored top-level domain, for the renewal of
their sponsorship agreement. 

Whereas, on 19 December 2008, ICANN announced that negotiations with
SITA NV had been completed and posted the proposed .AERO sponsorship
agreement and appendices for public comment (see,
http://www.icann.org/en/announcements/announcement-2-19dec08-en.htm). 

Whereas, the proposed renewal agreement is consistent with the other
proof-of-concept sTLD agreements (.COOP and .MUSEUM) and those approved
in the 2003-04 sTLD round, and that approval of the proposed renewal
agreement would be beneficial for the .AERO community, ICANN and the
Internet community. 

It is hereby resolved (2009-02-03-13), renewal of the .AERO sponsorship
agreement is approved, and the President and General Counsel are
authorized to take such actions as appropriate to implement the
agreement. 

11. Board Only Session - Any actions taken during this section remain
confidential.