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Resolutions for ICANN Montevideo Board Meeting

Schedule for IRP NomCom

Whereas, the IRP Nominating Committee was formally notified on 22 May 2001 that the initial nine vacancies on the Independent Review Panel should be filled;

Whereas, the IRP Nominating Committee has since organized itself and conducted an open call to the Internet community for potential nominees, and has undertaken search and recruitment for appropriate candidates;

Whereas, in Resolution 01.51 the Board requested that the IRP NomCom provide its nominations by 20 August 2001; and

Whereas, the IRP NomCom has indicated to the Board that it has made significant progress, but requires additional time to complete its work on the initial nine vacancies on the Independent Review Panel;

Resolved [01.__] that the IRP NomCom is given until 15 October 2001 to forward to the Board its nominations for the nine initial members of the Independent Review Panel.

Recommendations of Reconsideration Committee

Resolved [01.__] that the Reconsideration Committee's Recommendation RC 00-15, as revised, is adopted for the reasons stated in that recommendation.

Resolved [01.__] that the Reconsideration Committee's Recommendation RC 01-3 is adopted for the reasons stated in that recommendation.

Continued Recognition of gTLD Registries Constituency

Whereas, the Board in resolution 99.98 recognized the gTLD Registries Constituency of the DNSO, with the proviso that, "within 30 days of a request of any other ICANN-recognized gTLD Registry that seeks to join it, the Constituency must submit to the Board for its approval a formal consensus proposal for continued recognition;"

Whereas, ICANN last fall selected seven new gTLD registries for negotiation of registry agreements, and has so far completed and executed agreements recognizing the operators of the .biz, .info, and .name top-level domains, and has agreements for the four other gTLDs in negotiation awaiting approval;

Whereas, the gTLD Registries Constituency has submitted a proposal for continued recognition, including gTLD Registry Constituency Articles of Operation;

Whereas, the proposal for continued recognition and Articles of Operation have been developed and approved by all eight recognized and presently-anticipated gTLDs;

Resolved [01.__] that the gTLD Registries Constituency of the DNSO is recognized for all purposes under Article VI-B, Sec. 3 of the ICANN Bylaws to operate in accordance with the letter and Articles of Operation submitted to the Secretary and ordered attached to these minutes as Exhibit __.

ccTLD Agreement with auDA

Whereas, on 10 March 2000, in resolution 00.13, the Board authorized the President and staff to work with the ccTLD managers, Governmental Advisory Committee, and other interested parties to prepare draft language for ccTLD contracts, policy statements, and/or communications, including appropriate funding arrangements, to be presented to the Board and posted for public comment as soon as practicable;

Whereas, on 13 March 2001, in resolution 01.37, the Board directed ICANN management to press forward with continued vigor toward the completion of draft legacy agreements, and to pursue, as needed, acceptable ccTLD agreements in triangular situations;

Whereas, negotiators for .au Domain Administration Limited and ICANN have reached agreement, subject to the ICANN Board’s approval, on the terms of a ccTLD Sponsorship Agreement for the .au top-level domain;

Whereas, the agreement has been posted on the ICANN web site and a presentation was given at the ICANN Public Forum held 9 September 2001 in Montevideo, Uruguay;

Whereas, opportunities were given for public comment on the agreement;

Resolved [01. ] that the President is authorized to enter on behalf of ICANN the ccTLD Sponsorship Agreement for .au as posted on the ICANN website, along with any minor corrections or adjustments as appropriate;

Resolved [01. ] that, upon signature of the agreement, the President is authorized to take such actions as appropriate to implement the agreement.

MoU with U.S. Department of Commerce and Root-Server CRADA

Whereas, on 25 November 1998 the United States Government entered a

Memorandum of Understanding (MOU) with ICANN, recognizing it as the private-sector, not-for-profit corporation to which various technical coordination tasks for the Internet would be transitioned;

Whereas, the MOU called for ICANN to develop and test various mechanisms to allow stable, private-sector technical coordination during a transition period in which the effectiveness and stability of these mechanisms would be demonstrated;

Whereas, the U.S. Government and ICANN have subsequently entered into a Cooperative Research and Development Agreement (CRADA) concerning root-server system improvements;

Whereas, on 3 July 2001 ICANN submitted its third status report to the US Government under the MOU describing the progress ICANN has made on completing the development and testing tasks identified in the MOU;

Whereas, while the MoU was in September 2000 amended to expire on 31 September 2001, the transition tasks will not be completed on that date;

Whereas, the U.S. Government has indicated that it is willing to extend the time for ICANN, ccTLD managers and affected governments, the RIRs, the root-server operators, and other stakeholders to complete the tasks for one more year;

Whereas, although the CRADA was extended in September 2000 until September 2001, it is estimated that nine additional months will be required to complete the root-server system improvement project.

Whereas, the U.S. Government has proposed amendments to the MOU and CRADA

that provide an extension to complete the remaining tasks until 30 September 2002 or sooner if the parties agree that the tasks have been completed;

Whereas, the language of these proposed amendments has been presented to the

Board;

Resolved [01.__] that the President is authorized to enter an Amendment 4 to the MOU and an Amendment 2 to the CRADA, in substantially the form presented to the Board.

Geographic and Geopolitical Names in .info

Whereas ICANN’s Governmental Advisory Committee (GAC) has concluded that “the issue of geographical and geopolitical names is very complex, and the subject of ongoing international discussion,” and has stated its belief that these issues are particularly important in the context of the new Top Level Domain .info considering its “special nature;”

Whereas, the GAC has therefore suggested that “interim ad hoc measures should be taken by ICANN and the Registries to prevent avoidable conflicts in .info;”

Whereas the Board has serious questions about the technical feasibility and practicality of responding to this concern through reservations of specific domain names, but it also appreciates that without some action to maintain the status quo ante, the “ongoing international discussion” referenced in the GAC communication could be preempted by developments in the registration of .info names;

Whereas under all these circumstances the Board has determined that it is appropriate to take temporary steps to prevent the registration of such names in order to allow it and the community the time to consider carefully this issue and determine what if any policy should be adopted with respect to it;

Whereas the registry operator for .info has informed ICANN staff that it plans to timely challenge any facially unqualified registrations, including registrations of the names of countries and distinct economies contained in the ISO 3166-1 list;

Whereas the contract between ICANN and Affilias, the registry operator for .info, provides in Section 3.6.3, that ICANN may instruct the Registry Operator “to maintain the registration of up to 5000 domain names within the domain of the Registry TLD for use by ICANN …;”

Whereas the invocation of this contractual power with respect to (1) the names of countries and distinct economies contained in the ISO 3166-1 list that have not yet been registered during the .info Sunrise Period, and (2), following a successful challenge by the registry operator for .info, any such names returned to the database prior to any further attempt to register those names would have the practical effect of preserving the status quo until the completion of further consideration within ICANN and elsewhere over appropriate treatment of these names;

Resolved [01.__], the General Counsel is directed to take appropriate action to preserve the Board’s ability to take action with respect to the registration in .info of names of countries and distinct economies contained in the ISO 3166-1 list , including exercising ICANN’s contractual power to instruct the Registry Operator for .info to maintain the registration of such names that have not yet been registered during the Sunrise Period, and any other such names that are returned to the database following a successful challenge by the Registry Operator, until further notice from ICANN;

Further resolved [01.__] that the President is directed to propose to the Board, within the next 30 days, an action plan for rapid analysis of the technical and other issues related to the concerns raised by the GAC.

IDN Committee

Whereas, in resolution 01.39 the Board established an internal working group on Internationalized Domain Names to identify the various internationalization efforts and the issues they raise, to engage in dialogue with technical experts and other participants in these efforts, and to make appropriate recommendations to the Board;

Whereas, the internal working group conducted various information-gathering activities, including the posting of a community survey;

Whereas, the internal working group presented an interim report at the ICANN Public Forum held in Stockholm on 3 June 2001, and that report was discussed at the Public Forum, at the Board Meeting, and on ICANN's Internationalized Domain Names web-based public forum;

Whereas, the internal working group presented its Final Report at the ICANN Public Forum held in Montevideo on 9 September 2001;

Whereas, the Final Report identified several policy issues meriting further evaluation and recommended that the examination of these issues proceed in parallel with continuing technical standardization and other preparatory work for the introduction of IDNs;

Whereas, these policy issues cannot be fully resolved until the Internet Engineering Task Force completes work on a deployable IDN standard, but initial work on the policy issues that will arise can and should proceed concurrently;

Whereas, the Final Report also recommended that the Board establish an IDN Committee to coordinate the work of various ICANN supporting organizations, committees, and other groups on the policy issues and to promote timely development of policy recommendations on them; and

Whereas, the Board has considered public comment on the Final Report made electronically and at the Montevideo Public Forum;

Resolved [01.__] that IDN Committee is hereby established under Article VII, Section 1(c), of the ICANN bylaws to serve as a general coordination body for the work on policy issues identified in the IDN Working Group Report and such other policy issues that the IDN Committee shall identify;

Further resolved [01.__] that the IDN Committee shall be responsible for promoting the coordination of the work of the ICANN supporting organizations, committees, and other groups on the policy issues arising from IDNs, as documented in the Final Report, and to promote timely development of policy recommendations on those issues for consideration by the community and the ICANN Board;

Further resolved [01.__] that in its policy-coordination activities, the IDN Committee should seek to ensure that any recommendations are achieved through a bottom-up process, and that those recommendations reflect a wide range of expertise on the different aspects relevant to the issues;

Further resolved [01.__] that the IDN Committee shall be chaired by Director Masanobu Katoh;

Further resolved that the President, in consultation with the IDN Committee Chair, shall propose, for approval by the Board, representatives to serve on the IDN Committee from the ICANN Board, the Supporting Organizations, the Governmental Advisory Committee, and such other individuals who in his judgment could meaningfully contribute to this effort;

Further resolved [01.__] that the IDN Committee is encouraged to commission panels of volunteer experts from different countries with practical experience in the policy issues identified in the Final Report, and linguistic experts (including experts in non-ASCII character sets and languages not spoken by persons active in current discussions); and

Further resolved [01.__] that the IDN Committee is requested to present its initial work plan, schedule, and proposed budget at the third ICANN annual meeting, to be held in Marina del Rey in November 2001.

Appointment of President to Executive Committee

Resolves [01.__] that the President of ICANN by reason of his or her office is appointed as a member of the Executive Committee of the Board. The provisions of resolution 00.95 shall otherwise continue to apply.

Thanks to Ken Fockler

Whereas, Ken Fockler has served as a Director of ICANN since October 1999, as one of the initial group of Directors selected by the Address Supporting Organization. In fulfilling his duties on the ICANN Board, Ken has acted with energy, dedication, and fortitude in attacking the numerous challenges to ICANN. He has made many sacrifices in his professional and personal life in order to participate fully in the resolution of the difficult issues that the Board has addressed.

Therefore [01.__], his fellow Directors take this opportunity to express their deepest appreciation to Ken Fockler for his extraordinary service to ICANN and the worldwide Internet community. May unbroken packets and a plenitude of bandwidth bless your future efforts -- No doubt about it!

Arrangements for Future Meetings

Statement / consensus (not a resolution)

The Board reviewed plans for meeting in Accra, Ghana, from 10-14 March 2002. By consensus, the Board gave approval to those plans.

Thanks to host committee, sponsors, etc.

[Resolution 01.41] ICANN is grateful for the excellent work of our local hosts, and for their tireless—and voluntary—contributions to the successful organization of the ICANN Melbourne meetings. On behalf of all participants, the Board thanks the members of the Australian national host committee:

[List]

[Resolution 01.42] ICANN is grateful to the local and international sponsors of the Melbourne meetings for their generous contributions: