[council] ICNAN Board resolutions from 15 Sept in Brussels
Bruce.Tonkin at melbourneit.com.au
Tue Sep 20 21:08:17 UTC 2016
See below for the resolutions of the Board meeting held during the recent Board workshop in Brussels.
Approved Board Resolutions | Regular Meeting of the ICANN Board
15 Sep 2016
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
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.
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 184.108.40.206 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.
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.
No resolution taken.
Published on 19 September 2016
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