<div id="doctitle">Sorry to suddenly swamp you with information, I've been on the road a lot and connectivity was iffy.<br>
<p class="title">ar<br>****************************************</p><p class="title">Preliminary Report for the Special Meeting of the ICANN Board of Directors</p>
<p class="docdate">[Formal Minutes are still to be approved by the ICANN Board] </p>
<p class="docdate">20 November 2007</p>
</div>
<p> A Special Meeting of the ICANN Board of Directors was held via
teleconference on 20 November 2007. Chairman Peter Dengate Thrush
called the meeting to order at 1:11 PM Pacific Daylight Time (PDT). </p>
<p>In addition to Chairman Peter Dengate Thrush the following Directors
participated in all or part of the meeting: Harald Alvestrand, Raimundo
Beca, Susan Crawford, Vice Chairman Roberto Gaetano, Demi Getschko,
Steven Goldstein, Dennis Jennings, Rita Rodin, Jean-Jacques Subrenat,
Bruce Tonkin; President and CEO Paul Twomey, David Wodelet. The
following Board Liaisons participated in all or part of the meeting:
Steve Crocker, SSAC Liaison; Janis Karklins, GAC Liaison; Thomas
Narten, IETF Liaison; Reinhard Scholl, TLG Liaison; Wendy Seltzer, ALAC
Liaison; and Suzanne Woolf, RSSAC Liaison. The following Board Members
were not present on the call: Rajasekhar Ramaraj and Njeri Rionge. </p>
<p>Also, the following ICANN Staff participated in all or part of the
meeting: John Jeffrey, General Counsel and Secretary; Doug Brent, Chief
Operating Officer; Kevin Wilson, Chief Financial Officer; Kurt Pritz,
Senior Vice President, Business Operations; Theresa Swinehart, Vice
President, Global and Strategic Partnerships; Barbara Roseman, General
Operations Manager of IANA; Donna Austin, Manager, Governmental
Relations; Olof Nordling, Manager, Policy Development Coordination; Kim
Davies, IANA Technical Liaison; and, Patrick Jones, Registry Liaison
Manager. </p>
<p>The Board discussed and took action on the following matters: </p>
<p><strong>Whois Conflict of National Laws Procedure </strong></p>
<p>Kurt Pritz provided an update on the implementation of the draft<em> "ICANN procedure for handling WHOIS conflicts with national privacy laws"</em>.
The GNSO developed a recommended procedure about WHOIS and conflicts
with national laws. The Board subsequently directed Staff to implement
the recommended procedure and also solicit input from GAC and other
relevant advisory committees regarding the implementation of that
procedure. ICANN Staff, posted for comment, produced the draft
procedure and a letter was sent to the GAC requesting their review and
advice. The GAC provided interim advice at the ICANN meeting in San
Juan and provided additional clarification at the Los Angeles ICANN
meeting. The GAC Communiqué indicated "…specific cases should be
referred to the relevant national government for advice on the
authority on the request for derogation from the ICANN gTLD WHOIS
policy." Accordingly, Staff indicated that they will work to amend the
draft procedure taking into account GAC advice and will post the
revised procedure for public comment. </p>
<p>Steve Goldstein asked about whether there were jurisdiction related
issues associated with a US registrar having UK customers in light of
the broader set of issues. Rita Rodin responded that in her experience
these types of questions exist in other industries and throughout the
world and ICANN should not get too concerned about jurisdictional
issues, indicating that such issues should be dealt with at the local
or national level. </p>
<p>The Chair asked about the likely timeframe for next steps and was
advised by Kurt Pritz that the paper will be posted within the next 30
days and then will be submitted to the Board to consider no later than
the January 2007 meeting. </p>
<p>Bruce Tonkin suggested that ICANN should clearly set out an advisory
of what contractual WHOIS obligations currently exist. Bruce concluded
that since there are a number of clauses that inter-relate, it might be
useful to have standard advice that ICANN can document in the form of
an advisory, so this could be provided to a privacy body or other
interested parties. </p>
<p>The Chair generally supported the idea of more information, but
raised concerns that from a legal perspective it is likely to be more
difficult. John Jeffrey confirmed that it would not be advisable to
provide an interpretation of provisions within the agreement, as
opposed to letting the language stand on its own. Bruce Tonkin
suggested that it might not be necessary to reinterpret the provisions,
but that it may be useful to provide references to the relevant
contractual or other provisions, so that they are easier for people to
locate. The Chair indicated that a FAQ or information page would meet
that need. John Jeffrey agreed and indicated that Staff would review
how the provisions might be presented for more transparency. </p>
<p>Dennis Jennings indicated that he would like to see a definitive
statement of the requirements for WHOIS, a documented policy and
purpose document so there is a framework for questions to be answered
relating data protection. The Chair noted that there would be different
solutions in different jurisdictions. </p>
<p>The Chair noted that the Board should continue to consider this
issue and asked Dennis Jennings to report back to the Board, if
necessary, as to his view on whether additional steps should be taken
to meet transparency requirements. </p>
<p>John Jeffrey advised that he would work with Staff to come up back
to the Board with an answer regarding a potential advisory or providing
additional information on the web site regarding the introduction of
this procedure and the responsibilities of the involved parties. </p>
<p><strong>Discussion of .TEL Contractual Amendment Proposal </strong></p>
<p>Kurt Pritz advised that there had been additional consultation
regarding the Telnic contract amendment request in the past week, among
the Coalition for Online Accountability, Telnic and ICANN. As a result,
there have been some amendments in the past week. Due to these recent
developments, this is a status report of the Telnic proposal and it is
expected that the proposal will be before the Board to vote at the
December Board Meeting. The Telnic proposal is to restrict publication
of WHOIS information for individuals in order to comply with UK privacy
laws. The issue in considering this proposal is that IP attorneys,
trademark holders and others want quick and unfettered access to
information to protect clients against fraudulent use of trademarks.
The question in restricting the information is how easy is it for
parties with legitimate need to get full information. </p>
<p>ICANN consulted the UK GAC representative and the UK Privacy
Commissioner's Office to ascertain their opinion as to whether the
existing contract clause was violating UK privacy law. The UK GAC
representative considered the UK Privacy Commissioner was the right
person to give advice. The UK Privacy Commissioner's Office had clearly
indicated to ICANN Staff that they believed it was necessary to change
existing ICANN contractual provisions for .TEL registry to permit the
registry to provide opt out provisions for individuals who wish to
restrict access to their personal information. </p>
<p>The Telnic proposal was posted in April and following public
comment, Telnic adjusted its proposal considerably with regard to
making full information public to legitimate requesters: it eliminated
a 13-step process, individuals have to opt out of full disclosure as a
default rather than opt in, agreed to not publish names of subscribers,
and they eliminated a fee for providing access to information. The
proposal was posted again on 19 October 2007, and two comments were
received. The most meaningful was received from the Coalition for
Online Accountability. As a result a number of consultations were
undertaken with Telnic and the Coalition of Online Accountability and
further amendments were made. Staff indicated that the proposed
contract amendment had been amended again and was now in final form
based upon the most recent round of comments, and also indicated that
they intend to bring it back before the Board for consideration at the
18 December 2007 Board Meeting. </p>
<p>The Chair asked if this was a first application of the draft
procedure regarding Whois requirements and conflicts with national laws
that is about to be published. Kurt Pritz advised that Staff followed
the draft procedure as posted. The Chair reflected that it appears to
be a workable compromise between all parties. </p>
<p>Wendy Seltzer raised reservations about the process and concerns
that Telnic was bullied into a compromise. She indicated that the
continued efforts by some interest groups aren't always in everyone's
interests. </p>
<p>Kurt Pritz advised that there was public comment in support of the
amendment in the interest of protecting registrants' privacy. These
comments were considered in ICANN pushing for a resolution that will
meet Telnic requirements. It will be important for the Board to
consider those comments and they will be reiterated for Board review.
Also, the procedure for handing conflict of laws requires that the
change to existing Whois requirements be as minimal as possible while
also requiring adherence to local or national laws. Telnic's original
proposal went too far and so, after public comment Telnic went back to
the UK Privacy Commission to find out if there was room for compromise
and still be within the law. John Jeffrey advised that the UK Privacy
Commissioner has engaged in active discussion with the registry, Kurt
and himself and that their interests were well represented in the
considerations of changes to the agreements. </p>
<p>Wendy Seltzer asked what is the way for the ALAC to get involved in
such negotiations, and asked if they should restate their positions
during each comment period to be included in the dialogue in a better
way. </p>
<p>John Jeffrey indicated that she has raised good points, and that
ICANN Staff would consider how to bring earlier comments back into the
process of review for a revised agreement's comment period. It was also
noted that ICANN Staff had considered At-Large comments in its analysis
and in the information presented to the Board on the rational for
changes. </p>
<p>Wendy Seltzer noted that she did not re-post her comments and asked
if she should have gone back and posted again. John Jeffrey agreed that
in considering comments Staff would need to go back and focus on
questions from previous comment periods, noting that we should avoid a
tendency to focus on only those comments received in the current
comment period. The Chair agreed that this needed to be looked at and
asked to confirm that is would be noted in the minutes.</p>
<p><strong>Redelegation of ccTLD for .BB ( Barbados) </strong></p>
<p>Kim Davies advised by way of background for new Board members that
the Board is regularly asked to approve redelegations of ccTLDs and in
more recent times there has been at least one per Board meeting for
consideration. IANA Staff prepares a report that provides a
recommendation to the Board. The report is considered confidential but
on approval by the Board a version of the report is made public on the
website. Some portions of the analysis of the request for redelegation
are not made public. </p>
<p>The redelegation application for .BB ( Barbados) meets all of the
necessary criteria. The current operator supports the transfer as does
the Government, who is the proposed operator. There is limited support
from the local Internet community; however, Staff have visited Barbados
and discussed matters locally. Staff also met with the proposed
operators at ICANN's San Juan meeting. Currently the nameservers do not
meet the technical test; however, these will be made more robust, and
Staff recommends the redelegation be approved. IANA will review
nameservers performance to ensure compliance if the Board approves the
request. </p>
<p>Steve Goldstein moved, and Demi Getschko seconded the following resolution: </p>
<p>Whereas, the .BB top-level domain is the designated country-code for Barbados. </p>
<p>Whereas, ICANN has received a request for redelegation of .BB to the
Government of Barbados Ministry of Economic Affairs and Development's
Telecommunications Unit. </p>
<p>Whereas, ICANN has reviewed the request, and has determined that the
proposed redelegation would be in the best interest of the local and
global Internet communities. </p>
<p>It is hereby resolved (___), that the proposed redelegation of the
.BB domain to the Government of Barbados Ministry of Economic Affairs
and Development's Telecommunications Unit is approved. </p>
<p>A voice vote was taken of all Board Members present and all Board
Members present approved the motion unanimously by a vote of 13 to 0. </p>
<p><strong>Initiation of Early Awareness Procedures for Global Policy Proposals Regarding the Allocation of Autonomous System Numbers</strong></p>
<p>Olof Nordling advised that there is a global policy development for
the allocation of Autonomous System Numbers and handling transition
from 2 byte to 4 bytes. The needed transition is backward compatible.
It has been proposed within and approved within the RIPE community and
is waiting approval with LACNIC and comments in three other RIRs. He
reported that approval seems imminent and accordingly it is appropriate
to seek early approval. </p>
<p>Thomas Narten confirmed that he did not see any problems with the proposal. </p>
<p>Raimundo Beca moved, and Demi Getschko seconded the following resolution: </p>
<p>Whereas, the Board's Review Procedures for Global Internet Number
Resource Policies Forwarded for Ratification by the ASO Address Council
in Accordance with the ASO MoU, in its Article 1 states that "When, in
accordance with step 1 in the Global Policy Development Process of the
ASO MoU (Attachment A, article 1), ICANN Staff liaising with the
addressing community becomes aware of a global policy development
within the scope of the ASO MoU, ICANN Staff informs the ICANN Board of
this development. The Board decides, as and when appropriate, that this
development should be followed by ICANN Staff and instructs the ICANN
CEO to assign Staff for this purpose. ICANN Staff so assigned shall
inform all ICANN Supporting Organizations and Advisory Committees,
shall establish an ICANN web page to be kept up to date and shall
compile a background report to be kept up to date on this global policy
development. This background report shall be provided to the Board as
requested." </p>
<p> Whereas, ICANN Staff has informed the Board
that a Global Policy Proposal on allocation of AS Numbers is in
development and that this Proposal has entered the first adoption steps
within the individual RIRs as well as being recognized by the ASO AC as
a valid Global Policy Proposal. </p>
<p> Whereas, the Global Policy
Proposal on allocation of AS Numbers is identified as a global policy
development within the scope of the ASO MoU. </p>
<p> It is hereby
resolved (__) that the Board requests that the development of a Global
Policy Proposal on allocation of AS Numbers be followed by ICANN Staff
in line with the Board's Review Procedures for such policy proposals
and instructs the ICANN CEO to assign Staff for this purpose. </p>
<p>A voice vote was taken of all Board Members present and all Board
Members present, with a vote of 13 to 0, approved the motion
unanimously. </p>
<p><strong>Initiation of Early Awareness Procedures for Global Policy
Proposals Regarding the Allocation of the Remaining IPv4 address Space
in the Regional Internet Registry System </strong></p>
<p>Olof Nordling advised that there are numerous projections of dates
on the possible exhaustion of IPv4 IANA blocks. A proposal was
originally put forward by LACNIC that at a given point of time when a
certain number of slash 8 blocks left, from that moment those remaining
blocks would be distributed equally to the five RIRs. This has been
replaced by putting 'n' an undefined number as the number for the final
allocation and by then the IANA pool would be exhausted. This has been
discussed in other RIRs and there has been variance to the original
proposal put forward where the number 'n' has been put to '1' and other
discussions consider it should be '2' rather than '5', these proposals
are a variance of one where 'n' remains to be finally decided. The
proposal is fairly similar in both cases. Suggestion is to be followed
in a similar way in an early awareness provision. </p>
<p>The Chair noted that the Board has been informed by Staff of a
global policy developing, has received a report and instructed to put
Staff on and keep an eye on process. </p>
<p>Dave Wodelet noted that in the context of the ASN proposal, these
are fairly contentious and he does not see the one proposed by LACNIC
gaining traction but time would tell. </p>
<p>Raimundo Beca advised that the rate of consumption for RIPE and
APNIC is 3 blocks per year, LACNIC 1 per year, and AFRINIC 1 per 2
years. Harald Alvastrand noted that the Board must follow both of these
two issues. The ASN is non-controversial and it is easy. IPv4 is
terribly important to follow the most likely important issue is not
likely to be followed by the global policy: that is the development of
a trading policy. </p>
<p>Barbara Roseman reminded the Board that there are two staff members
who follow these issues full time. If there were significant changes
occurring, the Board would be notified in a timely fashion. </p>
<p>Olof Nordling reminded the Board that global policy is defined
within the ASO MOU as the allocation policies between IANA and RIRs and
that is the limit and remit of global policy. Trading is important but
may be outside the scope of global policy on the allocation of blocks
from IANA to RIRs. </p>
<p>Thomas Narten advised that. things like address markets can be done
at regional level without Board approval, but we do need to track this
at some level. By having Staff track global policy what do we tell
Supporting Organizations, what they should do in this community, what
ALAC do, should they follow etc. </p>
<p>Barbara Roseman expressed hesitancy about turning this into a policy
that we start tracking. One of the dangers of alerting the Supporting
Organizations and Advisory Committees too early when discussions are
still fairly chaotic is they are not sure how to participate and what
to address. Overall we do have to balance alerting Supporting
Organizations and Advisory Committees when we think it is most
advantageous for them to be considered as participants rather than
onlookers. </p>
<p>Raimundo Beca noted that once global policy is approved by the RIRs,
ICANN has only 60 days to comment before ratification and the policy is
approved. The early awareness was to make everybody in the community
aware of things that may occur. </p>
<p>Raimundo Beca moved, and Jean-Jacques Subrenat seconded the following resolution: </p>
<p>
Whereas, the Board's Review Procedures for Global Internet Number
Resource Policies Forwarded for Ratification by the ASO Address Council
in Accordance with the ASO MoU, in its Article 1 states that "When, in
accordance with step 1 in the Global Policy Development Process of the
ASO MoU (Attachment A, article 1), ICANN Staff liaising with the
addressing community becomes aware of a global policy development
within the scope of the ASO MoU, ICANN Staff informs the ICANN Board of
this development. The Board decides, as and when appropriate, that this
development should be followed by ICANN Staff and instructs the ICANN
CEO to assign Staff for this purpose. ICANN Staff so assigned shall
inform all ICANN Supporting Organizations and Advisory Committees,
shall establish an ICANN web page to be kept up to date and shall
compile a background report to be kept up to date on this global policy
development. This background report shall be provided to the Board as
requested." </p>
<p> Whereas, ICANN Staff has informed the Board
that a Global Policy Proposal for the allocation of the remaining IPv4
address space in the Regional Internet Registry system is in
development and that this Proposal has entered the first adoption steps
within the individual RIRs as well as being recognized by the ASO AC as
a valid Global Policy Proposal. </p>
<p> Whereas, the Global Policy
Proposal for the allocation of the remaining IPv4 address space in the
Regional Internet Registry system is identified as a global policy
development within the scope of the ASO MoU. </p>
<p> Whereas,
since Global Policy Proposal was introduced, other Proposals have been
launched as alternatives/variants and work in the addressing community
is underway to make them converge to a single Proposal. </p>
<p> It
is hereby resolved (__) that the Board requests that the development of
a Global Policy Proposal for the allocation of the remaining IPv4
address space in the Regional Internet Registry system, as well as
variants/alternatives of and successors to this Proposal, be followed
by ICANN Staff in line with the Board's Review Procedures for such
policy proposals and instructs the ICANN CEO to assign Staff for this
purpose. </p>
<p>A voice vote was taken of all Board Members present and all Board
Members present approved the motion unanimously, by a vote of 13 to 0 </p>
<p><strong>Update on Czech Arbitration Court UDRP Application </strong></p>
<p>John Jeffrey advised that the Czech Arbitration Court (CAC) UDRP
application was posted for public comment originally earlier this year
and that numerous comments were received. The CAC submitted a new
application and this was posted for comment just following the Los
Angeles Meeting and the comment period is ongoing. The representative
from the CAC met with a number of board members during the LA meeting.
The comment period will end shortly and comments will be summarized and
brought back to the board for discussion and possible decision during
the December Board Meeting </p>
<p>The Chair enquired about the nature of the comments. John Jeffrey
advised that the CAC is proposing a number of unique things, for
example administering in many more languages, allowing a single
complaint could raise multiple rights holders which would be something
akin to a class action, setting up differently by providing online
access. WIPO, the IP constituency and others UDRP providers have raised
concerns during the previous public comment period and during the ICANN
San Juan Meeting. </p>
<p>Susan Crawford asked whether online access was considered to be a
problem. John Jeffrey advised that CAC is the UDRP for .EU and they
have worked through a number of the problems of online filing, such as
authentication, and that he believed that online filing could be a
valuable addition to the process, as it could provide broader access to
the UDRP processes. </p>
<p>Jean Jacques Subrenat asked if there are other candidate countries
working along the same lines proposing services for UDRP in Europe.
John Jeffrey advised that other groups proposing to become UDRP
providers had contacted him, but no other applications had been
received to date. John Jeffrey advised that they were groups or
affiliated groups within Europe but did not believe that they were
country-sponsored. </p>
<p>Steve Goldstein advised that he had lunch with their attorney,
Zbynek Loebl, who was leading the proposal and was impressed by his
credentials. When asked about other languages that they might provide
dispute resolution services in, for example Asian languages, Mr. Loebl
indicated that they were focusing on 21 European languages but would
add Asian languages. </p>
<p>The Chair asked, if there is anything more the Board could do to
help this progress. Paul Twomey noted that in terms of this broader
issues of UDRP providers, Staff will bring to the Board a paper of a
more general nature about how we ensure a couple of key issues for a
stable UDRP that serves all potential stakeholders, for example around
comprehensive court of decisions and has an interest with
multi-language services. Also, if there is a move to having increased
competitive offerings what is the rationale for that. He noted that we
should not be providing an environment that creates forum shopping and
that we need to be careful that we don't end up with practitioners that
are more likely to favor one group over another. While separate to the
CAC application it would be valuable to have a discussion paper on
issues that emerge in the UDRP environment. </p>
<p>The Chair asked where this work was being done. John Jeffrey advised
it was being done through General Counsel's office and they have worked
closely with CAC and helped adapt their application to be responsive to
the issues raised by WIPO and other key stakeholders relating to this
area. </p>
<p>Susan Crawford noted that the UDRP was long overdue for review and
it may be possible in issues of fairness of process, forum shopping is
a key issue here. The Chair asked what the status of the review is and
Susan advised that it had never happened. Bruce Tonkin advised that it
had been raised in the GNSO during 2003 when developing a work program
and the review of the UDRP was one of those on the list with new gTLDs,
IDNs and other priorities, which were ahead of the UDRP. It is possible
that the GNSO may have some capacity later in 2008 to look at this. </p>
<p>The Chair asked if this is something to be handled through the GNSO.
Bruce Tonkin advised that Staff could review if there is compliance
with policy. The GNSO looking at updating policy taking into account
lessons learned. The UDRP was a balance and whatever change is made it
will change the balance in favor of one or another. </p>
<p>The Chair asked if the review could be added to the review list.
Paul Twomey said he would take the question on notice; however, would
like to think through in the context of the new gTLD policy round and
issues of linked timing. </p>
<p>The Chair noted that in light of the RegisterFly issue and that
registry failover was a long unmet policy requirement, the overhang of
the UDRP, it would re appropriate to record that we have not lost sight
of the need for the review to be done. Paul Twomey considered it would
be fine to do so, but would want to take advice about connections
between new gTLDs, and how the two are linked and the appropriate
timing. </p>
<p>The Chair noted the obligation of the requirement to review the UDRP
and asked to be certain that the minutes capture what Paul has said
with regard to the UDRP process. Susan Crawford noted that she hoped
the issue would not cause a delay to new gTLDs process. Steve Goldstein
asked whether the CAC proposal would be delayed by the broader review
issues and Paul Twomey indicated that he did not believe that is should
be delayed for that reason. </p>
<p><strong>Contract for Consultant to write RFP for New GTLD Process</strong></p>
<p>Kurt Pritz advised that this item was added to the agenda to provide
information on the significant work Staff is doing regarding the
implementation of new gTLDs. The Board might be asked later to approve
a contract, which would exceed Staff's approval authority. </p>
<p>The GNSO has concluded policy development work and the Board has
asked Staff to continue its implementation work and advise on
feasibility of implementing those policy recommendations no later than
the Board meeting in January. A detailed project plan has been
developed and one of the milestones is to develop a "Request for
Proposals" (aka RFP) – the document soliciting applications for new
gTLDs. This will be a significant document and will provide a complex
roadmap and evaluation process so that the expectations of applicants
are managed and met. The RFP will incorporate: technical criteria,
business & financial criteria, identifying DNS stability issues
associated with establishing a gTLD string, a methodology for
identifying and resolving conflicts among confusingly similar strings,
how to address an objectionable string (whether the objection is based
upon public policy, infringement of rights, or misappropriation of a
community label), defining process for resolving contention between
identical applicants. </p>
<p>The RFP will synthesize all of these considerations into a single
RFP that will be clear to applicants and will be costed out to guide
ICANN on establishing application fees. ICANN posted a statement of
work in September and received seven bona fide applications from
different regions and performed rated them based on several criteria. </p>
<p>Staff met with the top five applicants face to face in LA and did a
subsequent appraisal. The current approach is to engage with two of the
applicants: to provide a diverse and wide range of capabilities;
provide geographic and cultural diversity by selecting providers from
two regions; and also build in a check for review to check work of one
against the other. </p>
<p>The Chair considered that one of the apparent risks of encapsulating
all policy recommendation in an RFP document; a lot of the proposed
implementation language should follow from the policy. He indicated
that he was not sure if this approach is sound without considerable
Staff work first. </p>
<p>Kurt Pritz started to advise that, for example, policy
recommendations state the applicant should meet certain technical
requirements in order to operate a registry. Through this process ICANN
would ask technical experts to write objective criteria for this
respective section. </p>
<p>The Chair suggested that implementation guidelines would raise the
level of discussion. The RFP should fall out of second or third stage
of this Staff work and these discussions. </p>
<p>Paul Twomey advised that one of the recommendations for having
external organizations write the RFP came out of the .NET evaluation
that said there are people who write RFPs and it would be useful to
have an outsider look at it. Staff has been developing implementation
requirements for two years and there is now value in having an outsider
to partner with to write the RFP in order to provide review and
clarity. </p>
<p>The Chair agreed the need for a clear RFP and this path may include
the retention of an RFP writer, but this should follow preparation of
detailed implementation papers. </p>
<p>Paul Twomey advised that the plan has always been to do parallel
processing of implementation work and consideration of the policy
recommendations in places there are not likely to be contentions, so
that work can proceed in accordance with community expectations and
also inform Board deliberations. </p>
<p>Rita Rodin was concerned about a parallel process in light of the
fees paid to a consultant. Effort may be lost if the work goes off to
explore tangential issues and the policy recommendations are modified.
She indicated that she appreciates the expertise of RFP writers, but
the substance of what is being discussed is ground breaking. She
indicated that ICANN needs to address what has happened in the past and
we need to establish the guiding principles before engaging this form
of expertise. </p>
<p>Steve Goldstein expressed concerns about the write up and potential
cost of the expertise. Steve asked rhetorically, if ICANN doesn't
understand all the policy implications better than anyone in whole
world why do we want to engage an independent RFP writer. Steve
indicated that these issues, IDNs and new gTLDs are among the most
vital issues facing ICANN and its continued existence. He said that if
we, ICANN as an organization, don't have a clear handle on the issues,
we cannot expect anyone else [e.g., a consultant] to. </p>
<p>The Chair solicited additional suggestions or comments. Steve
Goldstein suggested that Staff should write the RFP and engage a
consultant to refine it. Steve Crocker agreed with several of the
issues being raised by Steve Goldstein. Steve Crocker asked for
clarification of some of the earlier discussion. </p>
<p>Paul Twomey advised that as a result of the previous experiences
with allocation processes around new gTLDs, ICANN received a
recommendation to have people with professional experience to be
configuring RFPs and then evaluate the resulting applications. He did
not think that Staff is in disagreement with these Board positions.
This is not a case of Staff not providing considerable substance in the
creation of the RFP, but that RFP expertise is warranted to ensure the
best possible outcome. </p>
<p>Jean Jacques Subrenat agreed that it would be valid for Staff to do
a first draft and go to a consultant as refinement. He asked what
process is followed in looking for consultant how world wide and how
really international, was the plan to do it in several countries, or in
media across the world. </p>
<p>Kurt Pritz advised that a detailed Statement of Work was posted on
website and also that ICANN consulted with experts in various fields
both inside and outside of ICANN so that specific candidates could be
targeted. Applications were received from many regions. </p>
<p>Bruce Tonkin noted there is significant work to be done in
developing procedures and the timeline should not put us out to two
years. With regard to procedural steps, some policy recommendations are
related to controversial names. This procedure development will be
complicated, for example, there needs to be a dispute resolution
process identified to be able to deal with objections of strings. Staff
could be asked to do more work before the Board is comfortable
approving those. Staff could produce a report by January on these
issues, in Delhi for Board consideration. Staff could continue on
implementation and develop a formal RFP in accordance with a series of
steps. </p>
<p>Bruce continued that, if ICANN were to publish an RFP in March,
Staff should start work on some elements of an RFP with an assumption
that the Board will approve the GNSO recommendations. ICANN would have
to be comfortable with engaging a consultant before the Board approves
the policy. With regard to dispute procedures, names allowed or not,
perhaps we could divide and time the RFP in two: one for standard
development and one to consider issues. </p>
<p>The Chair asked Bruce whether he was suggesting two RFPs or taking
view that Staff should write up implementation papers first. Bruce
Tonkin clarified that he is asking Staff to do the work on
controversial issues such as: how to deal with controversial names, how
we implement consideration of names that might be confusingly similar
to existing strings, and that string chosen should not conflict with
international legal norms. I do agree that in terms of writing an RFP
on technical requirements this was not done well in the past. </p>
<p>Paul Twomey responded that Bruce's opinions seemed correct and that
a considerable amount of implementation work on the controversial
topics was already underway. </p>
<p>Dennis Jennings agreed with Bruce, the idea that Staff should have
extra resources that know what to do in a policy sense. Staff should
address the controversial issues first before bringing in outside
expertise. </p>
<p>Regarding implementation work done by Staff in preparation for
engagement of an outside partner, Kurt Pritz advised that Staff: wrote
two papers for GNSO Council to inform their deliberations about the
implementation aspects of the policy choices. Staff have also created
details process maps that describe in detail the evaluation process for
use by those making the writing of the process final. Staff teams have
been formed and are addressing many implementation issues: one team is
considering how to perform comparative analysis for identical string
applications. An ICANN Staff technical team is considering how effects
of strings to DNS stability might be measured, how many TLDs can be
introduced into the root zone and how similarity of one string to
another might be measured. The ICANN legal team is developing a base
contract. Dispute resolution procedures and some standards for
resolving objections have already been developed. Staff has created
several working papers to guide RFP writers. ICANN is asking them to
implement the vision of Staff and Staff experts. The decision to select
a partner is a bandwidth issue and also is about complementing the
talents and skills that currently are not available on Staff. Also
important is the timeframe publicly discussed for the implementation of
new gTLDs – some time in 2008. There is a well-defined project plan
that involves creation of the RFP if ICANN is to meet those timeframes.
ICANN will be engaging with a consultant on issues where the goal is
minimize the breakage if there were to be a change in policy
recommendations. The original contract price for evaluation of five
applications during a previous process indicates that the pricing
received for RFP creation is reasonable. </p>
<p>The Chair noted that the recommendation proposed by Staff raised a
concern for the Board. He takes the point about other Staff work and
papers that have been prepared. The Chair also noted Bruce's suggestion
of an early report. Rita Rodin considered this a good bridge, and asked
if it would be possible for Staff to prepare a document of what they
are going to submit to the consultant for the Board to consider. </p>
<p>Jean Jacques Subrenat noted that he does not know enough about the
process. The policy issues should be expressed in implementation terms
or guidelines by Staff before handing over to anyone else. Steve
Goldstein hopes Staff could come up with first draft to be considered
by the Board. </p>
<p>Doug Brent noted that Staff resources are fully applied to this
effort. All the work described in this effort is in the budget and was
anticipated. ICANN is asking the Board here to consider a step within
the contemplated process to engage a consultant to build a project
plan. The Staff goal is to prepare implementation instructions and if
the Board approves we can get this implemented. He noted that the Board
has seen a lot of this already. Staff will bring forward reports and
recommendations incrementally for the Board to consider. Staff should
put together implementation plans approved by Board to be incorporated
into an RFP. The can be done between now and January. </p>
<p>The Chair asked what the consultants would do first. Doug Brent
advised that this first step is under $50K to get the entire consultant
scope and project plan detailed out. When Staff provides the materials
in January that the Board has requested, ICANN will want the Board to
consider the implementation plan. </p>
<p>The Chair asked what the deliverables were for this first stage.
Kurt Pritz advised that this initial effort includes three deliverables
for each of two consultants: a face to face meeting among ICANN and two
consultants in Marina del Rey to review ICANN's documentation and
implementation plan, delivery of a detailed project plan the
consultants for their piece of work, and a final and best price for
doing the work. </p>
<p>The Chair asked if there are any objections to the first step. Rita
Rodin wanted to make sure that in tandem Staff are doing an
implementation paper to advise the Board regarding the Staff plan and
the Board looks forward to receiving materials December. The Board
needs to continue to get these papers so the Board can have
discussions. </p>
<p><strong>Discussion of progress planning for New gTLD Policy and Implementation </strong></p>
<p>Paul Twomey advised that a paper in the form of an email was sent to
the Board list (after consultation with the Chair and Vice Chair)
describing the process that Kurt, Doug and Karen Lentz have developed
to inform the Board of new gTLD implementation planning. Staff has
proposed a chapter-by-chapter reporting process to the Board. New gTLDs
are a very complex issue and it can be made most clear by breaking the
issues into sections. There is an agenda laid out in that report that
has been sent out, including an introductory paper (including a
timetable) and then individual papers on 12 topics in all. Topics
include confusingly similar names, technical issues, reserved names,
and dispute resolution processes. Paul recommends that Board members
review the paper and comment. This report also outlines and the
contents (or an outline of) each of the topics. The basic framework
includes: Staff's implementation vision, work done to date, and
potential comments/objections that are anticipated. Staff anticipates
receiving comments on each of the topics from Board members by email so
dialogue can be maintained on each of these. This will not be final
implementation policy but it is a way of bringing the Board up to speed
on the issues in January (as requested in the Los Angeles meeting Board
resolution) and provides an equal level of understanding about them. </p>
<p>The Chair wanted to make sure that the point was recorded that the
Board has agreed that it was informed by Staff about a plan is to spend
up to $50k and there will be three deliverables: face-to-face meeting
with ICANN and two consultants in Marina del Rey to review ICANN's
documentation and planning (part of that would be to consider dispute
resolution issues); deliver a detailed project plan; and final and best
price for doing work. Also, the Board expects a report in December of
progress on implementation and of the standard reports described by
Paul. </p>
<p>Doug Brent noted that on the primary reporting deliverable is
scheduled for January but there will be an informative update in
December. </p>
<p>The Chair requested reporting on this particular issue in December. </p>
<p><strong> Updates on Bylaws-Mandated Reviews </strong></p>
<p>The Chair asked if there is any new update that the Board had not
been informed of regarding the Bylaws Mandated Reviews. Denise Michel
advised that the terms of reference for the SSAC review had been posted
for a comment period. </p>
<p>Roberto Gaetano advised that the deadline for comments relating to
the GNSO improvements has been extended to the end of the month. </p>
<p><strong>Discussion of President's Report </strong></p>
<p>Paul Twomey advised that the template that has been worked on and a
November report following on from that template was being provided to
the Board via email. Paul asked members to respond online and indicated
that he would make amendments to the template for the December report.
The Chair agreed on this approach. </p>
<p><strong>Discussion of Internet Governance Forum (IGF) </strong></p>
<p>Paul Twomey advised that ICANN Board, Staff and community
successfully participated in the recent IGF. The Chair supported Paul's
update and the quality of Staff work and preparation. There was a
general discussion regarding the value of ICANN's involvement. </p>
<p>Paul Twomey advised that a summary would be provided to the Board next week. </p>
<p>The Chair noted the success in its own terms and that there are
important people coming to this, and there is a need for the IGF to
succeed. Jean Jacques Subrenat noted that members of the Board are of a
broad diversity, and can be very helpful during such events.Theresa has
been coordinating with other organizations that support the goals of
the IGF about engaging in international fora, including upcoming IGF
meetings . Topics would include ICT development, access and best
practices. Theresa thanked Board for their support and expertise during
the event. </p>
<p>Chair surmised that it was a good result for ICANN and thanked Paul
Twomey, Theresa Swinehart and the entire Global and Strategic
Partnerships Team and others responsible for that. </p>
<p>Adjournment </p>
The Chair thanked Staff and the Board for their participation and closed the meeting at 3:08 PM PST.