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

Bruce Tonkin Bruce.Tonkin at melbourneit.com.au
Wed May 18 12:21:53 UTC 2016

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.

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