[council] FW: ICANN Board - Preliminary Report of Special Board Meeting - 4 Feb 2010

[Adrian Kinderis <adrian@xxxxxxxxxxxxxxxxxx>]

I am not sure why the Board is requesting staff to take action over registry/ 
registrar separation (I really wish there was consistency of terminology on 
this by the way!) now that the Council has deemed a PDP is appropriate.

I am not sure how the two processes can act in parallel with any efficiency or 
usable outcome.

Thanks.

Adrian Kinderis



-----Original Message-----
From: owner-rc-members@xxxxxxxxxxxxxxxxxxxx 
[mailto:owner-rc-members@xxxxxxxxxxxxxxxxxxxx] On Behalf Of Bruce Tonkin
Sent: Friday, 12 February 2010 9:16 AM
To: rc-members@xxxxxxxxxxxxxxxxxxxx
Subject: [RC-Members] ICANN Board - Preliminary Report of Special Board Meeting 
- 4 Feb 2010


Hello All,

Below is the Preliminary Report of the ICANN Board Meeting - 4 Feb 2010.
It was a busy meeting with some important topics.   In particular see
notes about the EOI and the economic model for registry/registrar
separation.


Key points relevant to the GNSO are:

- approval for .cat to offer one and two character names

- approval to release $1.5 million from the existing FY10 budget
contingency line item for FY10 operating expenses

- approval of the July 2010 through June 2013 Strategic Plan
(operational planning for the July 2010 to June 2011 financial year is
now underway)

- approval of process for cancelling an ICANN meeting (A United Nations
Security Plan "Phase Two" or higher designation as a possible rationale
for cancelling any ICANN International Meeting.)


- regarding EOI
===============

-- The Board has a goal of making a decision on the Expressions of
Interest at its Board meeting in Nairobi.

--  the ICANN Board directs staff to produce a summary of the major
issues identified in the public comment on the Expressions of Interest
proposal, as well as an explanation of how those issues will be dealt
with if ICANN proceeds with Expressions of Interest.

-- the ICANN Board directs staff to schedule a forum at the ICANN
International Meeting in Nairobi for the discussion of the Expressions
of Interest proposal, including the receipt of community input.


- the staff gave an update on the three character gTLD requirement as it
relates to IDNs

- the Board directed the General Counsel to commission additional work,
research and analysis of the issue of Board Chairman remuneration

- the Board directed ICANN Staff to provide at least annual reminders of
the Expected Standards of Behaviour - ie ask people to be nice to one
another even if they have different viewpoints


- there was discussion of an economic model for registry/registrar
separation (note - I did not attend this part of the meeting, nor have I
seen a copy of the report - but I have requested that it be published
for community feedback).  This is the relevant text in the minutes:

" The Board received an update from staff, including a draft of an
economic model from economists contracted by ICANN relating to the on
the ongoing community work, study and review of the registry/registrar
separation requirement and the ongoing expert economist work on the
issue. Staff presented a draft economic model to the board and
recommended that it be posted for public comment. The Board discussed
some of the economic theories and assumptions behind the economist's
work, and there was a discussion of additional work that might need to
be done on this matter, as well as a sense of the Board that the model
should not be published yet, pending further review and consideration.
The CEO and Chairman agreed to convene on a review of the model and what
additional steps could be taken. Staff advised the Board that a delay of
Board consideration of this issue might delay the timeline of the new
gTLD program. Following on from various board member comments, the CEO
requested that any assumptions or market theories (or comments on the
assumptions and market theories), that had not been considered or were
within the draft model, should be provided to the CEO and Chair to
enable additional work on the model."


Regards,
Bruce Tonkin



From:  http://www.icann.org/en/minutes/minutes-04feb10-en.htm



Preliminary Report of Special Board Meeting

4 February 2010

[Formal Minutes are still to be approved by the ICANN Board]

Note: This has not been approved by the Board and does not constitute
minutes but does provide a preliminary attempt setting forth the
unapproved reporting of the resolutions from that meeting. Details on
voting and abstentions will be provided in the Board's Minutes, when
approved by the board at a future meeting.

A Special Meeting of the ICANN Board of Directors was held via
teleconference 4 February 2010 @ 03.00 UTC. Chairman Peter Dengate
Thrush promptly called the meeting to order.

In addition to Chairman Peter Dengate Thrush the following Directors
participated in all or part of the meeting: Rod Beckstrom (President and
CEO), Dennis Jennings (Vice Chairman), Harald Tveit Alvestrand, Steve
Crocker, Gonzalo Navarro, Rita Rodin Johnston, Raymond A. Plzak, George
Sadowsky, Mike Silber, Jean-Jacques Subrenat, Bruce Tonkin, and Katim
Touray.

The following Board Liaisons participated in all or part of the meeting:
Janis Karklins, GAC Liaison; Thomas Narten, IETF Liaison; Jonne
Soininen, TLG Liaison; and Vanda Scartezini, ALAC Liaison.


Raimundo Beca; Ram Mohan, SSAC Liaison; Rajasekhar Ramaraj; and Suzanne
Woolf, RSSAC Liaison sent apologies.

This is a preliminary report of the approved resolutions resulting from
the Special Meeting of the ICANN Board of Directors, which took place on
4 January 2010.


1.Consent Agenda
================

        a.  Minutes of 9 December 2009 Meeting

RESOLVED (2010.02.04.01) the Board hereby approves the minutes of the 9
December 2009 Board Meeting.

        b. Minutes of 22 January 2010 Meeting

RESOLVED (2010.02.04.02) the Board hereby approves the minutes of the 22
January 2010 Board Meeting.

        c.  puntCAT Contract Amendment re One and Two Character Names
        -------------------------------------------------------------

Whereas, Fundacio puntCAT has submitted a request pursuant to ICANN's
Registry Services Evaluation Policy to amend the .CAT Registry
Agreements to allocate one and two-character domain names via a request
for proposals process to members of the Catalan cultural and linguistic
community.

Whereas, the proposed release of single and two-character domain names
in .CAT would be consistent with the recommendations of the GNSO
Reserved Names Working Group and other approvals to permit the release
of one and two-character domain names.

Whereas, ICANN has evaluated the proposed amendment to the .CAT Registry
Agreement as new registry services pursuant to the Registry Services
Evaluation Policy and has posted amendments for public comment and Board
approval (http://www.icann.org/registries/rsep/).

It is hereby RESOLVED (2010.02.04.03) that the .CAT amendment is
approved, and the President and General Counsel are authorized to take
such actions as appropriate to implement the amendments.


        d.  Recommendation from Finance Committee regarding FY10 Budget
        ---------------------------------------------------------------

Whereas, in accordance with its commitments made at the time of adoption
of the FY10 budget, the BFC has reviewed the results of financial
operations for ICANN through December 2009, as well as the forecasts for
FY10;

Whereas the extra pressures on the FY10 budget are acknowledged and
based upon reasonable underlying causes;

Whereas the BFC directed staff to develop a plan for widespread and
extra cost containment efforts, and has reviewed that plan;

Whereas the BFC has indicated the cost containment efforts should not
include the cutting back on essential ICANN services;

Whereas the risks of FY10 budget overrun have been assessed and
acknowledged;

It is hereby RESOLVED (2004.02.04.04) that the Board authorizes the CEO
and his designated staff to approve the release of the $1.5 million from
the existing FY10 budget contingency line item for FY10 operating
expenses;

It is hereby RESOLVED (2004.02.04.05) that the Board requests the CEO
and his designated staff to closely monitor expenditures and forecasts
for FY10, ensuring that ICANN essential services are not affected, and
work with the BFC on plans and alternatives as required.


Resolutions 2009.02.04.01; 2009.02.04.02; 2009.02.04.03; 2009.02.04.04
and 2009.02.04.05 were approved in a single vote approving the consent
agenda items. All Board Members present unanimously approved these
resolutions.


2.Main Board Meeting:
=====================

        a.  .IN Redelegation Request
        ----------------------------

Whereas, .IN is the ISO 3166-1 two-letter country-code designated for
India.  Whereas, ICANN has received a request for redelegation of .IN to
the National Internet Exchange of India.

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

It is hereby RESOLVED (2010.02.04.06), that the proposed redelegation of
the .IN domain to the National Internet Exchange of India is approved.

All Board members present unanimously approved of this resolution.


        b.  President's Report
        ----------------------

The Board received a report from the President and CEO on staff activity
since the Board's meeting in December, including various outreach events
attended by the President and CEO.


        c.  Approval of Strategic Plan for 2010
        ---------------------------------------

The Board received an update from staff on the work to date on the ICANN
Strategic Plan for 2010, including the incorporation of community and
Board comments on prior versions. The Board discussed potential minor
revisions to be included in the final version.

The Board then took the following action:

Whereas, ICANN's July 2010 through June 2013 Strategic Plan seeks to
provide four areas of high level strategic focus for ICANN;

Whereas, ICANN's July 2010 through June 2013 Strategic Plan identifies
in addition to four areas of focus, enablers across all areas to reflect
ICANN's responsibilities towards a multi-stakeholder model,
collaboration, and being international, transparent and accountable;

Whereas, ICANN's July 2010 through June 2013 Strategic Plan captures
strategic objectives and strategic projects, details of community work
and staff work will be reflected in the operational plan;

Whereas, ICANN's Strategic Plan is based on input from the ICANN Board
of Directors, public consultations on ICANN's website, presentations at
ICANN Seoul meeting, and to constituency groups, and a survey with the
community;

Whereas, the 2010-2013 Strategic Plan describes four strategic
initiatives, and principal work areas under these initiatives;

Whereas, measurements and metrics will be addressed by staff in
consultation with the community, as part of the operational planning
process and further integration into the next Strategic Planning cycle;

Whereas, the Strategic Plan will form the framework around which the
July 2010 through June 2011 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 (2010.02.04.07) the Board approves the July
2010-June 2013 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.  Minor edits will
be provided to staff by the Board before close of business on Monday 8
February 2010, final changes will be subject to the Chairman's final
approval.

All Board members present unanimously approved of this resolution.


        d.  Adoption of Event Security Risk, Contracts and Cancellation
Management Policy

------------------------------------------------------------------------
---------

The Board received an update from the President and CEO on the proposal
to create a more formalized process for assessing security risks for
ICANN events.

The Board discussed the proposal and then took the following action:

RESOLVED (2010.02.04.08), the ICANN Board directs the ICANN Staff
(through the CEO) to monitor, review and regularly report to the
community, where possible, the United Nations Security Plan Phase
Designations, relating to all ICANN International Meetings.

RESOLVED (2010.02.04.09), the ICANN Board directs ICANN Staff (through
the CEO) to consider the "Phase Two" or higher designation as a possible
rationale for cancelling any ICANN International Meeting.

RESOLVED (2010.02.04.10), the ICANN Board directs ICANN Staff (through
the CEO) to consider the United Nations Security "Phase One" designation
as a triggering event for review, along with other factors, of the
safety and security of holding any ICANN International Meeting.

All Board members present unanimously approved of this resolution.


        e.  New gTLDs
        -------------


                i.  Expressions of Interest in new gTLDs
                ........................................


The Board received an update from the staff on the work done in response
to the Board's 9 December 2009 resolution on Expressions of Interest.

The Board then discussed that additional community consultation may be
of benefit, as noted in some of the comments received urging community
dialog on the issue in Nairobi.

The Board then took the following action:

Whereas, deferring an ICANN Board decision on the proposed plan for
obtaining Expressions of Interest in new gTLDs until the ICANN
International Meeting in Nairobi, Kenya in March 2010 will only cause a
three-week modification to the timeline proposed by staff.

It is RESOLVED (2010.02.04.11), ICANN Board adjourns with making a
motion with respect to the approval of the Expressions of Interest in
new gTLDs until the Board meeting at the ICANN International Meeting in
Nairobi, Kenya in March 2010. The Board has a goal of making a decision
on the Expressions of Interest at its Board meeting in Nairobi.

It is further RESOLVED (2010.02.04.12), the ICANN Board directs staff to
produce a summary of the major issues identified in the public comment
on the Expressions of Interest proposal, as well as an explanation of
how those issues will be dealt with if ICANN proceeds with Expressions
of Interest.

It is further RESOLVED (2010.02.04.13), the ICANN Board directs staff to
schedule a forum at the ICANN International Meeting in Nairobi for the
discussion of the Expressions of Interest proposal, including the
receipt of community input.

One Board member abstained from voting on these resolutions. All other
Board members in attendance approved of these resolutions.


                ii.  Relaxing 3-Character Requirement for gTLDs
                ................................................

The Board received an update from staff regarding the posting of the
Final Report on the three-character requirement for gTLDs.


        f.  Update on ICANN Proposed Security Initiatives in Response to
Affirmation and IANA Contract Requirements
------------------------------------------------------------------------
---------------------


The Board received an update from staff on the ongoing work within the
IANA functions department on proposed security initiatives.



        g.  Recommendation from Board Governance Committee for
Consideration of Board Chairman Remuneration
------------------------------------------------------------------------
-------------------

The Chair ceded the leadership of this discussion to the Vice Chair of
the Board, and removed himself from deliberation on this item.

The Board discussed the need to receive more information to allow for
full consideration of the remuneration matter, and addressed the
feasibility of separating the discussion of remuneration of the Board
Chairman from the discussion of remuneration of the Board as a whole.

Whereas, significant discussion and analysis has been conducted relating
to whether remuneration of the Board Chairman should be considered;

Whereas, the Board has discussed the idea and has determined that it
shall further consider whether Board Chairman remuneration is
appropriate and later consider whether full Board remuneration is
appropriate;

Whereas, additional work, research and analysis should be commissioned
to inform the Board's consideration of Board Chairman remuneration,
including an updated discussion of the associated risks;

It is hereby RESOLVED (2010.02.04.14) that remuneration of the Board
Chairman is worthy of further consideration.

It is hereby further RESOLVED (2010.02.04.15) that the Board Governance
Committee develop a plan and request that the CEO direct the General
Counsel to commission additional work, research and analysis of the
issue of Board Chairman remuneration, including an updated discussion of
associated risks, for consideration by the BGC and then presentation to
the Board for further consideration.

One Board member opposed these resolutions. Two Board members abstained
from voting on these resolutions. All other members of the Board in
attendance approved of these resolutions, and the resolutions were
carried.


        h.  ICANN Media Relations Report
        ---------------------------------

The Board received a short update from the President and CEO on ICANN's
media relations planning. The President and CEO noted that
communications outside of the United States is an important focus of
this work.


        i.  Recommendations of Ombudsman File 09-58
        -----------------------------------------

The Board discussed the Ombudsman File 09-58, the conduct of the
investigation, and the focus on civility within ICANN, and the need for
awareness of cultural and gender issues to provide for better
opportunities for participation.

The Board then took the following action:

Whereas, the Board thanks the Ombudsman for his report on File 09-58
addressing civility issues within ICANN related meetings and
discussions;

Whereas, the Board notes that there is ongoing work within ICANN to
enhance civility among ICANN participants, and that this topic is of
high value to the ICANN community;

Whereas, the Board responds to the Ombudsman Report as follows:

It is hereby RESOLVED (2010.02.04.16) that the Board affirms that all
participants in ICANN are expected to adhere to the Expected Standards
of Behavior as published in the ICANN Accountability & Transparency:
Frameworks and Principles, found at:
http://www.icann.org/en/transparency/acct-trans-frameworks-principles-10
jan08.pdf.

It is further RESOLVED (2010.02.04.17) that the Board requests that the
CEO direct ICANN Staff to provide at least annual reminders of the
Expected Standards of Behavior to the membership of ICANN's supporting
organizations and advisory committees, and to consider the other
proposals by the Ombudsman to enhance civility.

One Board member abstained from voting on these resolutions. All other
Board members in attendance voted in favor of these resolutions.


        j.  Update on IDNs
        -------------------

The Board received an update from staff on the progress of the IDN ccTLD
Fast Track requests and the recent announcement of four requestors
successfully completing the string evaluation stage.


        k.  New gTLDs: Vertical Integration
        ----------------------------------

Prior to any discussion on this matter, the Chair identified Board
members and liaisons with conflicts of interest on this issue. The
non-conflicted Board members approved a motion to request that two
directors, and four liaisons withdraw from participation in the
discussion due to their conflicts of interest.  After confirmation of
removal, the Board proceeded with discussion on the matter.

The Board received an update from staff, including a draft of an
economic model from economists contracted by ICANN relating to the on
the ongoing community work, study and review of the registry/registrar
separation requirement and the ongoing expert economist work on the
issue. Staff presented a draft economic model to the board and
recommended that it be posted for public comment. The Board discussed
some of the economic theories and assumptions behind the economist's
work, and there was a discussion of additional work that might need to
be done on this matter, as well as a sense of the Board that the model
should not be published yet, pending further review and consideration.
The CEO and Chairman agreed to convene on a review of the model and what
additional steps could be taken. Staff advised the Board that a delay of
Board consideration of this issue might delay the timeline of the new
gTLD program. Following on from various board member comments, the CEO
requested that any assumptions or market theories (or comments on the
assumptions and market theories), that had not been considered or were
within the draft model, should be provided to the CEO and Chair to
enable additional work on the model.

After the close of discussion, all Board members and liaisons were
invited back into the meeting.


        l.  Any Other Business
        ----------------------

The Board requested an update from staff on the status of the reviews
called for within the Affirmation of Commitments, and that public
comments are still being received on the proposed methodology for the
reviews. The Chair requested that all Board members and liaisons
encourage applications for the volunteer review panel positions.

Meeting was adjourned at 0640 UTC.