[council] ICNAN Board resolutions from 15 Sept in Brussels

[Bruce Tonkin <Bruce.Tonkin@xxxxxxxxxxxxxxxxxx>]

See below for the resolutions of the Board meeting held during the recent Board 
workshop in Brussels.

Regards,
Bruce Tonkin



https://www.icann.org/resources/board-material/resolutions-2016-09-15-en

Approved Board Resolutions | Regular Meeting of the ICANN Board

15 Sep 2016

1.Consent Agenda:
 
        a.  Implementation of RSSAC 003 Recommendations for the KSK signature 
validity

Whereas, on 16 September 2015, the ICANN Root Server System Advisory Committee 
(RSSAC) published RSSAC0003: Report on Root Zone TTLs.

Whereas, in RSSAC003, the report recommends that the Root Zone Management 
partners increase the signature validity periods for signatures generated by 
both the Key Signing Key (KSK) and the Zone Signing Key (ZSK). The report 
furthers recommends that the KSK signature validity should be increased to at 
least 21 days, ZSK signature validity should be increased to at least 13 days, 
and no further changes to Root Zone TTLs be made at this time.

Whereas, upon receiving RSSAC003, ICANN staff conducted a feasibility and cost 
analysis of increasing the KSK signature validity, and created an KSK 
implementation plan for review by the Board.

Whereas, the Board has considered the advice of the RSSAC in RSSAC003, in 
addition to the feasibility and costs of implementing the advice related to the 
KSK. The Board understands the Root Zone Maintainer is also considering the 
recommendations in RSSAC003 related to the ZSK.

Resolved (2016.09.15.01), the Board adopts the RSSAC advice for the KSK 
signature validity in RSSAC 003, and directs ICANN's President and CEO, or his 
designee, to proceed with implementing the KSK recommendations in RSSAC 003 in 
collaboration with the root zone management partners.
 
 
        b.  Delegation of the .বাংলা ("bangla") domain representing Bangladesh 
in Bengali script

Resolved (2016.09.15.02), as part of the exercise of its responsibilities under 
the IANA Functions Contract, ICANN has reviewed and evaluated the request to 
delegate the .বাংলা country-code top-level domain to the Ministry of Posts, 
Telecommunications and Information Technology, Posts and Telecommunications 
Division of Bangladesh. The documentation demonstrates that the proper 
procedures were followed in evaluating the request.

Resolved (2016.09.15.03), 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.  October 2018 ICANN Meeting Venue and Location Contracting

Whereas, ICANN intends to hold its third Public Meeting of 2018 in the Europe 
region.

Whereas, staff has completed a thorough review of the proposed venues in Europe 
and finds the one in Barcelona, Spain to be the most suitable.

Resolved (2016.09.15.04), the Board authorizes the President and CEO, or his 
designee(s), to engage in and facilitate all necessary contracting and 
disbursements for the host Convention Centre for the October 2018 ICANN Public 
Meeting in Barcelona, Spain, in an amount not to exceed [AMOUNT REDACTED FOR 
NEGOTIATION PURPOSES], and that the October 2018 ICANN Public Meeting be 
designated as the 2018 Annual General Meeting.

Resolved (2016.09.15.05), 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.

 
        d.  Appointment of 2017 Nominating Committee Chair and Chair-Elect

Whereas, the BGC reviewed the Expressions of Interest from candidates for the 
2017 Nominating Committee ("NomCom") Chair and Chair-Elect, considered the 
results of a 360-degree evaluation of the 2016 NomCom leadership, and conducted 
interviews of candidates.

Whereas, the BGC has recommended that Hans Petter Holen be appointed as the 
2017 NomCom Chair and Zahid Jamil be appointed as the 2017 NomCom Chair-Elect.

Resolved (2016.09.15.06), the Board hereby appoints Hans Petter Holen as the 
2017 Nominating Committee Chair and Zahid Jamil as the 2017 Nominating 
Committee Chair-Elect.
 

2.  Main Agenda:
 
        a.   IANA Naming Function Contract between ICANN and PTI

Whereas, completion of the Naming Function Contract 
<https://www.icann.org/en/system/files/files/proposed-iana-naming-function-agreement-10aug16-en.pdf>
 [PDF, 283 KB] fulfills a requirement from the package of proposals that the 
Board approved on 10 March 2016 to transition NTIA's stewardship of the IANA 
functions to the global multistakeholder community.

Whereas, the Naming Function Contract was drafted to meet the requirements of 
the IANA Stewardship Coordination Group's IANA Stewardship Transition Proposal.

Whereas, through the Naming Function Contract, ICANN will contract with Public 
Technical Identifiers to serve as the IANA Naming Function operator and perform 
the IANA naming-related functions.

Whereas, ICANN solicited public comment on the proposed Naming Function 
Contract from 10 August 2016 to 09 September 2016 
<https://www.icann.org/public-comments/iana-naming-function-agreement-2016-08-10-en>.

Whereas, the public comment forum for the proposed Naming Function Contract 
closed on 9 September 2016, with ICANN receiving eight of comments, both by 
individuals and organizations/groups. A summary and analysis of the comments 
was published 
<https://www.icann.org/en/system/files/files/report-comments-iana-naming-function-agreement-15sep16-en.pdf>
 [PDF, 497 KB] and provided to the Board.

Resolved (2016.09.15.07), the proposed Naming Function Contract is approved, 
and the President and CEO, or his designee(s) is authorized to take such 
actions as appropriate to finalize and execute the Agreement.
 

        b.  Services Agreement between ICANN and PTI

Whereas, completion of the Services Agreement 
<https://www.icann.org/iana_imp_docs/111-services-agreement-v-14sep16> [DOCX, 
47 KB] fulfills a requirement from the package of proposals that the Board 
approved on 10 March 2016 to transition NTIA's stewardship of the IANA 
functions to the global multistakeholder community.

Whereas, the Services Agreement was drafted to meet the requirements of the 
IANA Stewardship Coordination Group's IANA Stewardship Transition Proposal and 
the obligations that ICANN has under the Naming Function Contract.

Whereas, ICANN consulted with the CWG-Stewardship, its outside counsel, the 
IETF, and the RIRs to address any concerns and finalize the Agreement.

Resolved (2016.09.15.08), the proposed Services Agreement is approved, and the 
President and CEO, or his designee(s) is authorized to take such actions as 
appropriate to finalize and execute the Agreement.
 

        c.   .COM Registry Agreement Amendment

Whereas, ICANN and Verisign engaged in discussions on a proposed amendment to 
the 1 December 2012 .COM Registry Agreement ("Amendment") and agreed to extend 
the term of the Agreement to 30 November 2024 to coincide with the term of the 
Root Zone Maintainer Services Agreement in order to enhance the security, 
stability and resiliency of root zone operations.

Whereas, the proposed Amendment also requires Verisign and ICANN to cooperate 
and negotiate in good faith to: (1) amend the .COM Registry Agreement by the 
second anniversary date of the proposed Amendment in order to preserve and 
enhance the security of the Internet or the TLD; and (2) as may be necessary 
for consistency with changes to the Cooperative Agreement between Verisign and 
the U.S. Department of Commerce. All other terms and conditions in the existing 
Registry Agreement remain unchanged.

Whereas, ICANN commenced a public comment period from 30 June 2016 to 12 August 
2016 <https://www.icann.org/public-comments/com-amendment-2016-06-30-en> on the 
proposed Amendment. Ninety-nine (99) comment submissions were posted by both 
individuals and organizations/groups.

Whereas, the Board carefully considered the comments and the staff summary and 
analysis of comments.

Whereas, ICANN conducted a review of Verisign's recent performance under the 
current .COM Registry Agreement and found that Verisign substantially met its 
contractual requirements.

Resolved (2016.09.15.09), the proposed amendment to the .COM Registry Agreement 
<https://www.icann.org/sites/default/files/tlds/com/com-amend-1-pdf-30jun16-en.pdf>
 [PDF, 100 KB] is approved, subject to the RZMA being executed, and the 
President and CEO, or his designee(s), is authorized to take such actions as 
appropriate to finalize and execute the Amendment.
 

        d.  PTI Governance Items – Adoption of PTI Bylaws; Appointment of PTI 
Board Initial Directors; Appointment of PTI President

PTI Bylaws

Whereas, it is deemed to be in the best interest of PTI, as a California 
Nonprofit Public Benefit Corporation, that bylaws be adopted.

Whereas, these initial Bylaws of PTI were developed to be consistent with the 
requirements of the ICG Proposal as received by the ICANN Board on 10 March 
2016, including through coordination with the CWG-Stewardship and its external 
counsel.

Whereas, the initial Bylaws of PTI were subject to a 30-day public comment 
period, from 12 July 2016 through 11 August 2016, with four comments received. 
ICANN staff developed a summary analysis and report identifying how each 
comment was considered and addressed, and ICANN coordinated with 
CWG-Stewardship's external counsel on the revisions.

Whereas, ICANN's General Counsel has asserted that the proposed PTI Bylaws 
remain consistent with the ICG Proposal and recommends that ICANN, as PTI's 
sole member, proceed with approval.

Whereas, the PTI Bylaws will not go into effect until approved by both the PTI 
Board and ICANN as the sole member.

Resolved (2016.09.15.10), the ICANN Board, in its role as sole member of PTI, 
approves the Bylaws available here 
<https://www.icann.org/iana_imp_docs/109-revised-pti-bylaws_18aug16-v-v1> 
[DOCX, 72 KB] as the initial Bylaws for PTI.

PTI President

Whereas, pursuant to Section 7.2 of the PTI Bylaws, ICANN as the sole member is 
authorized to appoint a President of PTI.

Resolved (2016.09.15.11), the ICANN Board, in its role as sole member of PTI, 
hereby appoints Elise Gerich as the President of PTI.

PTI Board – Initial Directors

Whereas, ICANN, in its role as sole member of PTI, has the obligation to 
appoint all members of the PTI Board in accordance with Article 5 of the PTI 
Bylaws.

Whereas, the PTI Bylaws, at Section 5.2.1, authorize the PTI Board to have five 
Directors.

Whereas, ICANN, as the sole member of PTI, must appoint four Initial Directors 
to the PTI Board, with two Initial Directors being employees of ICANN or PTI, 
and two Initial Directors being the candidates identified by the 
Cross-Community Working Group to Develop an IANA Stewardship Proposal for 
Naming Related Functions, pursuant to Section 5.2.2.2 of the PTI Bylaws.

Whereas, ICANN, as the sole member of PTI, must appoint the President of PTI to 
the PTI Board. Elise Gerich has been appointed as President of PTI. The 
President of PTI serves on the PTI Board in an ex officio capacity, with a term 
that coincides with her service as President of PTI.

Whereas, ICANN recommends that Akram Atallah, ICANN's President, Global Domains 
Division and David Conrad, ICANN's Chief Technology Officer, serve as the two 
Initial Directors that are employees of ICANN or PTI.

Whereas, the CWG-Stewardship recommends that Lise Fuhr and Jonathan Robinson 
serve as Initial Directors.

Resolved (2016.09.15.12), ICANN, in its role as sole member of PTI, appoints 
Akram Atallah, David Conrad, Lise Fuhr, and Jonathan Robinson as Initial 
Directors of PTI with terms to end as specified at Section 5.5 of the PTI 
Bylaws.

Incorporator

Whereas, on 9 August 2016, the ICANN Board approved the filing of Articles of 
Incorporation for Public Technical Identifiers (or PTI) with the California 
Secretary of State.

Whereas, to complete that filing, ICANN identified Akram Atallah to serve as 
the incorporator for PTI for the purposes of signing and filing the PTI 
Articles of Incorporation.

Whereas, the PTI Articles of Incorporation were received by the California 
Secretary of State on 10 August 2016.

Whereas, Akram Atallah has taken no other acts as the incorporator of PTI, and 
has submitted a letter of resignation as the incorporator of PTI.

Resolved (2016.09.15.13), that any or all actions heretofore taken by any 
Authorized Officer to effectuate or evidence the purpose and intent of the 
foregoing resolutions be, and hereby are, approved, ratified and confirmed as 
the act and deed of the Company or such affiliate and the act and deed of the 
Board.

Resolved (2016.09.15.14), the ICANN Board, in its role as sole member of PTI, 
accepts the resignation of Akram Atallah as incorporator of PTI, effective on 
the above election of the Initial Directors of PTI.
 

e.  Further Consideration of the Dot Registry IRP Final Declaration

Whereas, upon adopting the Panel majority's findings that Dot Registry LLC is 
the prevailing party in the Dot Registry v. ICANN Independent Review Process 
(IRP) proceedings (Dot Registry IRP), the Board resolved to consider next steps 
in relation to Dot Registry's Reconsideration Requests or the relevant new 
gTLDs before the Board takes any further action. (See 
https://www.icann.org/resources/board-material/resolutions-2016-08-09-en - 2.g.)

Whereas, the Board has noted that the Panel majority in the Dot Registry IRP 
did not make any specific recommendations to the Board as to next steps.

Whereas, the Board has also taken note of the various correspondence and input 
received from Dot Registry and others with respect to this matter.

Whereas, the Panel majority in the Dot Registry IRP declared that the Board 
Governance Committee (BGC) acted in a manner inconsistent with the Articles of 
Incorporation or Bylaws in evaluating Reconsideration Requests 14-30, 14-32 and 
14-33. (See Final Declaration, ¶ 151, available at 
https://www.icann.org/en/system/files/files/irp-dot-registry-final-declaration-redacted-29jul16-en.pdf
 [PDF, 12.9 MB].)

Whereas, specifically, the Panel majority declared that "the Board (acting 
through the BGC) failed to exercise due diligence and care in having a 
reasonable amount of facts in front of them and failed to fulfill its 
transparency obligations including both the failure to make available the 
research on which the EIU and ICANN staff purportedly relied and the failure to 
make publically available the ICANN staff work on which the BGC relied). The 
Panel majority further concludes that the evidence before it does not support a 
determination that the Board (acting through the BGC) exercised independent 
judgment in reaching the reconsideration decisions." See id., at ¶ 152.

Resolved (2016.09.15.15), the Board directs the Board Governance Committee to 
re-evaluate Dot Registry's Reconsideration Requests 14-30, 14-32 and 14-33 in 
light of the Panel majority's Final Declaration in the Dot Registry IRP and the 
issues it identified with respect to the BGC's actions in evaluating these 
Reconsideration Requests.
 

 
f.  Consideration of Ombudsman Report Regarding dotgay, LLC's application for 
.GAY

No resolution taken.

 
g.  Reconsideration Request 16-3 (dotgay LLC)

No resolution taken.

 
h.  AOB

No resolution taken.



Published on 19 September 2016