[council] Resolutions from the ICANN Board meeting held in Los Angeles on 28 Sept 2013

[Bruce Tonkin <Bruce.Tonkin@xxxxxxxxxxxxxxxxxx>]

Hello All,

See below the resolutions from the ICANN Board meeting held on 28 Sept 2013.

The key topics of interest to the GNSO were:

- approval of the policy for Locking of a Domain Name subject to UDRP 
Proceedings

- kicking off review of GNSO in 2014

- appointment of Cheryl Langdon-Orr as the 2014 Nominating Committee Chair and 
Stéphane Van Gelder as the 2014 Nominating Committee Chair-Elect.

- a Proposed Process for GNSO Stakeholder Group and Constituency Charter 
Amendments

- a Clarification Regarding the Competition, Consumer Trust and Choice Metrics 
for the New gTLD Program per the AoC Review

Regards,
Bruce Tonkin


 From:    
http://www.icann.org/en/groups/board/documents/resolutions-28sep13-en.htm


Approved Board Resolutions | Regular Meeting of the ICANN Board


28 September 2013
 

 1.  Consent Agenda:

a.  Approval of Board Meeting Minutes

Resolved (2013.09.28.01), the Board approves the minutes of the 17 July, 18 
July and 22 August 2013 Meetings of the ICANN Board.


b.   Delegation of a ccTLD for Iran in Arabic script

Resolved (2013.09.28.02), as part of the exercise of its responsibilities under 
the IANA Functions Contract, ICANN has reviewed and evaluated the request to 
delegate the ایران ("Iran") countrycode top-level domain to the Institute for 
Research in Fundamental Sciences. The documentation demonstrates that the 
proper procedures were followed in evaluating the request.

Resolved (2013.09.28.03), the Board directs that pursuant to Article III, 
Section 5.2 of the ICANN Bylaws, that certain portions of the rationale not 
appropriate for public distribution within the resolutions, preliminary report 
or minutes at this time due to contractual obligations, shall be withheld until 
public release is allowed pursuant to those contractual obligations.


c.   GNSO Locking of a Domain Name Subject to UDRP Proceedings PDP 
Recommendations

Whereas, on 15 December 2011, the GNSO Council launched a Policy Development 
Process (PDP) on the Locking of a Domain Name subject to UDRP Proceedings 
addressing five charter questions, set forth at 
https://community.icann.org/x/ma-bAQ.

Whereas, the PDP followed the prescribed PDP steps as stated in the Bylaws 
resulting in a Final Report delivered on 5 July 2013.

Whereas, the Locking of a Domain Name subject to UDRP Proceedings Working Group 
(WG) reached full consensus on the recommendations in relation to the issues 
outlined in the Charter.

Whereas, the GNSO Council reviewed, and discussed the recommendations of the 
Locking of a Domain Name subject to UDRP Proceedings WG, and adopted the 
Recommendations on 1 August 2013 by a Supermajority and unanimous vote (see 
http://gnso.icann.org/en/council/resolutions#201308).

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

Whereas, after the GNSO Council vote, a public comment period was held on the 
approved recommendations, and the comment received has been summarized and 
considered 
(http://www.icann.org/en/news/public-comment/locking-domain-name-recommendations-02aug13-en.htm).

Resolved (2013.09.28.04), the Board adopts the GNSO Council Policy 
Recommendations on the Locking of a Domain Name subject to UDRP Proceedings as 
set forth in the Final Report (see 
http://gnso.icann.org/en/issues/locking/domain-name-final-05jul13-en.pdf [PDF, 
1.01 MB]).

Resolved (2013.09.28.05), the President and CEO is directed to develop and 
complete an implementation plan for these Recommendations and continue 
communication with the community on such work.


d.  Country Code Names Supporting Organization (ccNSO) Review Implementation

Whereas, on 21 April 2011, the Board resolved to direct ICANN staff, in 
coordination with the Structural Improvements Committee (SIC), to develop a 
proposed implementation plan and timeline for the recommendations in the Final 
Report of the ccNSO Review Board Working Group [PDF, 294 KB] and to submit 
these to the Structural Improvements Committee for review and Board approval 
(Resolution 2011.04.21.06).

Whereas, at its 18 June 2011 meeting, the SIC acknowledged receipt from staff 
of an implementation plan, titled "ccNSO Improvements Implementation Project 
Plan", dated 9 June 2011, and resolved to recommend it to the ICANN Board for 
approval.

Whereas, at its 24 June 2011 meeting, the Board resolved to request that ICANN 
CEO direct staff to proceed with the implementation in accordance with the 
implementation plan document ccNSO Improvements Implementation Project Plan 
dated 9 June 2011 [PDF, 508 KB] (Resolution 2011.06.24.03).

Whereas, on 27 September 2013, the SIC acknowledged receipt of a letter from 
the ccNSO Chair announcing completion of the ccNSO review implementation in 
complement of a final ccNSO implementation Project Plan update, dated September 
2013.

Whereas, on 27 September 2013, the SIC agreed to recommend that the ICANN Board 
receive the final ccNSO implementation Project Plan update [PDF, 170 KB], dated 
September 2013, note the implementation phase of the ccNSO review as complete, 
and commence the assessment phase inherent in the review cycle.

Resolved (2013.09.28.06), the Board receives the final ccNSO implementation 
Project Plan update, dated September 2013, and notes the completion of the 
implementation of the ccNSO review recommendations.

Resolved (2013.09.28.07), the Board directs the ICANN President and CEO to 
assess the improvements arising out of the ccNSO review in accordance with the 
assessment phase of the organizational review cycle.

Resolved (2013.09.28.08), the Board thanks the ccNSO for its implementation 
work.


e.  GNSO Review

Whereas, under ICANN's Bylaws the next review of the GNSO was due to commence 
in 2013.

Whereas, the SIC solicited and considered public comments on whether the review 
should be postponed and a new schedule for the review be established within the 
next six months.

Whereas, it is important that the review of the GNSO take into account the 
outcomes of ICANN's strategic planning efforts and the Accountability and 
Transparency Review Team 2's work, which can only be achieved through the 
initiation of a GNSO review in 2014.

Resolved (2013.09.28.09), that the Board directs the SIC to schedule the review 
of the Generic Names Supporting Organization (GNSO), which is mandated by ICANN 
Bylaws Article IV, Section 4, to commence in 2014, and that preparations for 
this Review commence as soon as feasible.



2.  Main Agenda:

a.  Appointment of 2014 Nominating Committee Chair and Chair-Elect

Whereas, the BGC reviewed the Expressions of Interest from candidates for the 
2014 Nominating Committee ("NomCom") Chair and Chair-Elect, interviewed those 
candidates and considered the results of a 360-degree evaluation of the 2013 
NomCom leadership.

Whereas, the BGC has recommended that Cheryl Langdon-Orr be appointed as the 
2014 NomCom Chair and Stéphane Van Gelder be appointed as the 2014 NomCom 
Chair-Elect.

Resolved (2013.09.28.10), the Board hereby appoints Cheryl Langdon-Orr as the 
2014 Nominating Committee Chair and Stéphane Van Gelder as the 2014 Nominating 
Committee Chair-Elect.


b.   Treatment of New gTLD Historical Costs

Whereas, ICANN incurred costs over several years to design and prepare the 
launch of the New gTLD Program.

Whereas, the costs incurred from October 2007 (the date of the GNSO 
recommendation on the New gTLD Program) to the launch of the program 
("Historical Development Costs") are to be repaid to ICANN from a portion of 
the New gTLD Program application fees.

Whereas, the Historical Development Costs are charged to the Program 
progressively as the evaluation work advances and the fees become 
non-refundable, which began in July 2012.

Whereas, the Board Finance Committee has recommended that the amount of 
Historical Development Costs repaid to ICANN's operating fund from the New gTLD 
Program be transferred to the Reserve Fund.

Resolved (2013.09.28.11), the Board authorizes the President and CEO, or his 
designee(s), to take all actions necessary to transfer, when and as 
appropriate, from ICANN's operating fund to ICANN's Reserve Fund all amounts, 
whether already paid or to be repaid in the future, that constitute Historical 
Development Costs.


        c.  Proposed Process for GNSO Stakeholder Group and Constituency 
Charter Amendments

Whereas, The ICANN Bylaws (Article X, Section 5.3) state, "Each [GNSO] 
Stakeholder Group … and each of its associated Constituencies shall maintain 
recognition with the ICANN Board."

Whereas, it is important that GNSO Stakeholder Groups and Constituencies have 
the flexibility to update, modify and evolve their organizational charters to 
reflect community changes while balancing the need for validation by the Board.

Whereas, there is currently no procedure for a GNSO Stakeholder Group or 
Constituency to obtain approval by the ICANN Board of Directors for an 
amendment of its charter.

Whereas, the Structural Improvements Committee of the ICANN Board has 
formulated and recommended a process by which GNSO Stakeholder Groups and 
Constituencies can amend their charters with the Board maintaining its 
appropriate validation responsibilities for recognition of those GNSO groups.

Whereas, the community has had the opportunity to review and comment on the 
proposed process and changes have been made to the proposed process to address 
community suggestions.

Resolved (2013.09.28.12), the Board approves the process formulated and 
recommended by the Structural Improvements Committee and directs ICANN Staff to 
notify the leadership of the various GNSO Stakeholder Groups and Constituencies 
of the process and post a copy of the approved process on the GNSO web site 
within seven calendar days.


d.   Clarification Regarding the Competition, Consumer Trust and Choice Metrics 
for the New gTLD Program per the AoC Review

Whereas, on 18 July 2013, the ICANN Board directed the CEO to commence the 
process for convening the Competition, Consumer Trust and Consumer Choice (CCT) 
Review Team to facilitate preliminary work on the feasibility, utility and 
cost-effectiveness of adopting the recommendations of the GNSO Council and the 
ALAC, as well as analyzing other potential metrics to be made available for the 
CCT review.

Whereas, the Board wishes to clarify its Resolutions 2013.07.18.06 and 
2013.07.18.07 to identify that the actual CCT review is not being commenced at 
this time, rather that an Implementation Advisory Group for Competition, 
Consumer Trust and Consumer Choice is approved for empanelment. The work of 
this Advisory Group is intended to be an input to the CCT review at the point 
in the future when the CCT review is commenced according to the schedule set 
forth in the Affirmation of Commitments (AoC).

Resolved (2013.09.28.13), the Board directs the CEO to convene a volunteer 
group (the Implementation Advisory Group for Competition, Consumer Trust and 
Consumer Choice) in advance of a future AoC Competition, Consumer Trust and 
Consumer Choice Review Team, for the purpose of: (i) evaluating and reporting 
to the Board on the feasibility, utility and cost-effectiveness of adopting the 
recommendations of the GNSO Council and the ALAC; (ii) evaluating other inputs, 
including historical data regarding metrics used to evaluate earlier rounds of 
new gTLDs (2000, 2004); (iii) engaging with the GNSO, ALAC and staff in an 
effort to reach agreement on the metrics; and (iv) proposing a set of metrics 
to be compiled by ICANN to be made available to a future AoC Review Team 
examining the New gTLD Program.

Resolved (2013.09.28.14), the portions of Resolutions 2013.07.18.06 and 
2013.07.18.07 suggesting that the CCT review was being commenced prior to the 
time called for within the AoC are retracted.