[bc-gnso] flash report: ICANN Board resolution results, 18-Mar-2011

[Steve DelBianco <sdelbianco@xxxxxxxxxxxxx>]

The ICANN Board approved resolutions on new gTLD, ATRT Recommendations, and XXX.

Resolution to approve new gTLD Applicant Guidebook on 20-June-2011 in Singapore:

RESOLVED THE BOARD ADOPTS A WORKING TIMELINE FOR COMPLETION OF THE APPLICANT 
GUIDEBOOK AND LAUNCH OF THE NEW gTLD PROCESS, AND THAT WILL BE POSTED ON OUR 
WEB SITE, BUT THE PICTURE IS AS YOU HAVE SEEN IT ON THE SCREEN.
RESOLVED, AS SET FORTH IN THE TIMETABLE, ICANN WILL TARGET 15th OF APRIL 2011 
AS THE DATE FOR PUBLICATION OF THE FINAL RESPONSE TO THE GAC SCORECARD, ALONG 
WITH APPLICANT GUIDEBOOK EXTRACTS SHOWING CHANGES.
RESOLVED, THE BOARD INTENDS TO COMPLETE THE PROCESS SET FORTH IN THE TIMELINE 
IN TIME FOR FINAL APPROVAL OF THE NEW gTLD IMPLEMENTATION PROGRAM AT AN 
EXTRAORDINARY MEETING OF THE ICANN BOARD TO BE HELD ON MONDAY, THE 20th OF JUNE 
2011, AT THE ICANN MEETING IN SINGAPORE. NOTE: THE BOARD ALSO INTENDS TO HOLD 
ITS USUAL MEETING ON FRIDAYMORNING, 24th OF JUNE 2011, TO CONCLUDE THE MIDYEAR 
MEETING.

Cherine:  Board wants a mature & responsible relationship; want a responsible 
launch with the right safeguards.
Rita: we can talk forever. There will be further refinements but we owe it to 
applicants.
PDT:  want a launch party in Singapore.  We intend to stick to this timeline.

Adopted unanimously (including GAC)

Resolution to implement ATRT final recommendations:

RESOLVED, THE BOARD RECEIVES THE INITIAL IMPLEMENTATION PLANS AND DIRECTS STAFF 
TO PUBLISH THEM AS SOON AS FEASIBLE.;
RESOLVED, THE BOARD REQUESTS THAT ICANN PROVIDE THE BOARD WITH FINAL PROPOSED 
PLANS FOR THE IMPLEMENTATION OF THE ATRT RECOMMENDATIONS IN TIME FOR BOARD 
CONSIDERATION AS SOON AS POSSIBLE;
RESOLVED, THE BOARD REQUESTS INPUT ON THE COST OF THE IMPLEMENTATION OF ALL OF 
THE ATRT RECOMMENDATIONS, AND ADVICE FOR CONSIDERATION AT THE APRIL 2011 BOARD 
MEETING CONCERNING THE ESTIMATED BUDGET IMPLICATIONS FOR THE FISCAL YEAR '12 
BUDGET;
RESOLVED, THE BOARD REQUESTS THAT THE GOVERNMENTAL ADVISORY COMMITTEE AND THE 
NOMINATING COMMITTEE WORK WITH THE BOARD ON IMPLEMENTATION OF RECOMMENDATIONS 
INVOLVING THEIR ORGANIZATIONS;
RESOLVED, TO FULLY RESPOND TO THE OBLIGATIONS IN THE AFFIRMATION OF 
COMMITMENTS, THE BOARD REQUESTS THAT ICANN STAFF DEVELOP PROPOSED METRICS TO 
QUANTIFY AND TRACK ACTIVITIES CALLED FOR IN THE AFFIRMATION AND ATRT REPORT, 
AND BENCHMARKS THAT ENABLE ICANN TOCOMPARE ITS ACCOUNTABILITY AND 
TRANSPARENCY-RELATED EFFORTS TO INTERNATIONAL ENTITIES' BEST PRACTICES.

Adopted unanimously, with one abstention.


XXX Contract Approval:
WHEREAS, ON THE 17TH OF MARCH 2011, THE BOARD AND THE GAC COMPLETED A FORMAL 
BYLAWS CONSULTATION ON THOSEITEMS FOR WHICH ENTERING THE REGISTRY AGREEMENT 
MIGHT NOT BE CONSISTENT WITH GAC ADVICE.
NOW RESOLVED, THE BOARD AUTHORIZES THE CEO OR THE GENERAL COUNSEL TO EXECUTE 
THE PROPOSED REGISTRY AGREEMENT FOR THE XXX sTLD IN SUBSTANTIALLY THE SAME FORM 
POSTED FOR PUBLICCOMMENT IN AUGUST 2010.;
RESOLVED, THE BOARD ADOPTS AND FULLY INCORPORATES HEREIN ITS RATIONALE FOR 
APPROVING THE REGISTRY AGREEMENT WITH ICM FOR THE XXX sTLD. AND THERE'S A LINK 
PROVIDED. TO SUPPORT THE ENTERING INTO THE PROPOSED REGISTRY AGREEMENT.;
RESOLVED, THE BOARD AND THE GAC HAVE COMPLETED A GOOD-FAITH CONSULTATION UNDER 
THE BYLAWS -- AND THE SECTION IS GIVEN -- AS THE BOARD AND THE GAC WERE NOT 
ABLE TO REACH A MUTUALLY ACCEPTABLE SOLUTION, PURSUANT TO ARTICLE BYLAWS, THE 
BOARD INCORPORATES ANDADOPTS AS SET FORTH IN THE RATIONALE THE REASONS WHY THE 
GAC ADVICE WAS NOTFOLLOWED. THE BOARD'S STATEMENT IS WITHOUT PREJUDICE TO THE 
RIGHTS OR OBLIGATIONS OF GAC MEMBERS WITH REGARD TO PUBLIC POLICY ISSUES 
FALLING WITHIN THEIR RESPONSIBILITIES.

Bruce abstained due to Melbourne IT conflict of interest.
Ram abstained due to Afilias conflict of interest.
Sebastien abstained due to conflict since he is on board of ICM.

George Sadowsky:  oppose this motion because:
insufficient proof of broad-based support from the designated community.  Board 
should not have accepted the review panel decision.  .
XXX will encourage blocking of the TLD by governments.  An incitement to 
fracture the root.  A convenient excuse for political regimes.
ICANN has duty to uphold global public interest, which includes 6.5 billion 
people with diverse views and cultures.

IT'S MY OPINION THAT WE MUST PROCEED CAREFULLY WHEN WE CONSIDER THE DELEGATION 
OF TOP-LEVEL DOMAINS, GLOBAL-LEVEL DOMAINS, CONSISTING OF CONCEPTS AND TERMS 
THAT MAY RUN COUNTER-TO THE SENSIBILITIES OF SIGNIFICANT SEGMENTS OF THE 
WORLD'SPOPULATION.
IN RETROSPECT, IT'S UNFORTUNATE THAT THE CRITERIA FOR APPROVAL OF ICM'S 
APPLICATION -- THAT IS, THE sTLD PROCESS -- DID NOT INCLUDE A FORMAL OBJECTION 
PROCEDURE TO ACCOUNT FOR THE DIVERSE CULTURAL CONCERNS THAT COULD ARISE.
IF DOT XXX WERE APPROVED, I BELIEVE THAT IT WOULD BE A VICTORY OF COMPULSORY 
ADHERENCE TO PROCESS RATHER THAN A SERIOUS DISCUSSION REGARDING OUR 
RESPONSIBILITY FOR THE FUTURE OF THE DNS AND THE INTERNET.
IT WOULD BE A VICTORY OF PROCESS OVER GOALS AND OF MEANS OVER ENDS.
AND IF, IN THE FUTURE, THERE ARISE SIGNIFICANT UNANTICIPATED NEGATIVE 
CONSEQUENCES AS A RESULT OF THIS DECISION, WILL OUR DEFENSE BE LIMITED TO THE 
EXCUSE, "BUT I JUST FOLLOWED THE PROCESS"?
SO IN SPITE OF SOME POSSIBILITY OF RESULTING IN SOME USEFUL CHANGE, I BELIEVE 
ON BALANCE THAT THE PROPOSED RESOLUTION CURRENTLY BEFORE THE BOARD THREATENS 
THE LONG-RUN INTEGRITY OF THE DNS AND WORKS AGAINST THE GLOBAL PUBLIC INTEREST. 
IT SHOULD BE DEFEATED.

Katim: oppose resolution because it harms relations with the GAC, endangering 
ICANN.
BUT FOR ME, I THINK THE DEAL-KILLER HAS BEEN THE -- MY OWN EVALUATION AND MY 
ASSESSMENT OF THE IMPACT THAT I PERCEIVE THIS WOULD HAVE ON ICANN'S 
RELATIONSHIPS WITH GOVERNMENTS AROUND THE WORLD.
IT IS MY BELIEF THAT THE GAC IS A VERY IMPORTANT AND VITAL CONSTITUENCY OF 
ICANN, AND THE GAC WE ARE DEALING WITH NOW IS DIFFERENT FROM THE GAC THAT ICANN 
WAS DEALING WITH THREE YEARS AGO AND, DARE I SAY, FIVE YEARS AGO.
THERE HAS BEEN A FUNDAMENTAL SHIFT IN THE CENTRAL GRAVITY, AS IT WERE, OF THE 
INVOLVEMENT OF THE GAC IN ICANN. MANY GOVERNMENTS ARE NOW WAKING UP TO THE 
REALITY OF THE NEED FOR THEM TO GET MORE INVOLVED IN WHAT ICANN IS DOING FOR 
THE GREATER GOOD OF THE GLOBAL INTERNET COMMUNITY.
AND SO IT IS FOR THIS VERY REASON THAT I THINK THAT FOR ICANN TO, ON THIS 
MATTER, PUT ASIDE THE ADVICE OF THE GAC AND ITS MEMBERS WOULD, I THINK, BE 
UNCONSTRUCTIVE AND, IN THE END, POISONOUS TO THE ATMOSPHERE THAT WE NEED 
TOBUILD AND A POSITIVE ONE AT THAT, BETWEEN ICANN AND THE GAC AND THE REST OF 
THE GOVERNMENTS OF -- AND THE GOVERNMENTS OF THE WORLD.
AND I SAY THIS ALSO BECAUSE IN MY MIND, THE RELATIONSHIPS BETWEEN ICANN AND THE 
GAC AND GOVERNMENTS AND GAC IS PROBABLY THE MOST SINGLE EXISTING RELATIONSHIP 
THAT WE HAVE. I SAY EXISTENTIAL IN THE SENSE THAT IT IS ONE RELATIONSHIP THAT 
COULD POTENTIALLY HAVE AN EXISTENTIAL THREAT ON ICANN. YOU AND I KNOW THAT 
THERE HAVE BEEN A LOT OF GOVERNMENTS THAT HAVE BEEN PUSHING AN INTERNET 
GOVERNANCE FORUMS AROUND THE WORLD FOR THE TRANSFER OF SOME OF THE WORK THAT'S 
BEEN DONE BY ICANN TO OTHER INTERNATIONAL BODIES AND TO OTHER INTERNATIONAL 
FRAMEWORKS.
IN OTHER WORDS, WE ARE TALKING ABOUT A SITUATION WHERE THERE ARE MANY 
GOVERNMENTS THAT WOULD BE VERY HAPPY TO SEE ICANN GONE. AND SO FOR THAT VERY 
REASON, NOT THAT I -- I SEE THIS AS A PANIC MOVE OR WHATEVER, BUT I THINK IN 
THE INTEREST OF ENGAGEMENT AND OF CONSTRUCTIVE RELATIONSHIP WITH GOVERNMENTS 
AROUND THE WORLD, I THINK IT WOULD BE UNWISE FOR US TO PASS THIS RESOLUTION. 
AND IT'S FOR THAT VERY REASON, I INTEND TO VOTE AGAINST IT.

Bertrand: voting in favor of resolution.  Share George and Katim’s conerns.  If 
we did not approve this contract, we will surely get a .xxx application in the 
upcoming round – without control of a sponsored TLD contract.   Global public 
interest is satisfied because it is not insulting to other cultures.

Erika Mann:  voting yes.  Wants to take the risk and face the challenge.  XXX 
is not going away.

Ray Plezak: voting Yes.   We are not slaves to process.

Kuo Wei: voting No.  Concerned about global community and the ICANN mechanism.

Steve Crocker:  We have been attentive to the GAC.

Rita Rodin:  Voting Yes.   Voted against .xxx in 2007.   IRP said that was an 
improper vote.  This is a lose-lose for board.   Either we ignore the IRP or 
ignore the GAC.   This is a debate about respect for processes.   We can join 
together and stumble forward with this TLD.

Suzanne Woolf:  Blocking / filtering is not unique to this TLD.

Carries with 4 no votes.