Resolutions Approved by the Board, Santiago Meeting
August 26, 1999
The following resolutions were approved by the ICANN Board at its meeting on August 26, in Santiago, Chile. The online archives of the meeting (including RealVideo, RealAudio, and scribe's notes) can be found here.
RESOLVED [99.73], that the date "October 1, 1998" in the third sentence of Article V, Section 9(d) of the Bylaws is replaced with "October 1, 1999".
WHEREAS the President signed a Memorandum of Understanding with the IETF, the W3C, the ITU, and ETSI in Oslo on July 14, 1999, it is now
RESOLVED [99.74] that the Memorandum of Understanding is ratified by the Board, and
FURTHER RESOLVED [99.75] that Article VI-C of the Bylaws is hereby replaced in its entirety with the following:
"Section 1. Description
"(a) The PSO shall advise the Board with respect to policy issues relating to the assignment of parameters for Internet protocols.
"(b) The PSO shall be the entity established by a Memorandum of Understanding between the Corporation and a group of open, international, Internet-related standards development organizations ("SDOs").
"(c) The PSO shall be considered to exist and to be recognized when the Memorandum of Understanding has been signed by the President and ratified by the Board.
"Section 2. Protocol Council
"(a) The PSO shall have a Protocol Council, consisting of representatives of the SDOs that are signatories to the Memorandum of Understanding. The Protocol Council shall, at least annually, host a meeting (the "General Assembly"), open to participation by all interested individuals.
"(b) The Protocol Council shall select Directors to those seats on the Board designated to be filled by the PSO."
RESOLVED [99.76] that the Board accepts the proposal for the formation of a Memorandum-of-Understanding-based Address Supporting Organization (ASO) submitted by ARIN, RIPE NCC, and APNIC.
RESOLVED [99.77] that the Interim President and CEO is authorized and directed to prepare implementing Bylaws and to sign an appropriate Memorandum of Understanding in cooperation with the proponents of the proposal, subject to ratification by the Board. The Interim President and CEO is further directed to ensure that the Memorandum of Understanding includes a review mechanism similar to that set forth in the Protocol Supporting Organization Memorandum of Understanding, to occur periodically, the first review to occur by the time of ICANN's Annual Meeting in 2000.
RESOLVED [99.78] that the Board notes with approval the continuing efforts toward the organization and establishment of new regional Internet registries for the African and Latin American/Caribbean geographic regions (AFRINIC and LACNIC), notes the strong support for these efforts among the existing regional internet registries, and encourages all parties involved to work expeditiously to complete the necessary structural and technical tasks to enable the new registries to sign the MoU as soon as possible. Pending final recognition of the new regional internet registries, the Board encourages the ASO Council to involve representatives of those registries in the activities of the ASO as observers.
RESOLVED [99.79] that the Interim President and CEO, working with Director Kraaijenbrink, is directed to establish an ad hoc group to be charged with developing the objectives and proposing structures for future policies in the area of numbering, especially as required to meet global market needs and taking into account the convergence of information technology services and networks. The group will include representatives of businesses, including telecom operators and Internet service providers and trade organizations, the ASO Council, the ICANN Board, and other legitimately interested parties. The group will present an interim report before the second ICANN public meeting in 2000. A final report from the ad hoc group will be presented to the ICANN Board prior to the Annual Meeting in 2000.
RESOLVED [99.80] that the Non-Commercial Domain Name Holders Constituency of the Domain Name Supporting Organization is provisionally recognized until the Annual Meeting of the Board in November, 1999, on the same basis and subject to the same conditions as set forth in Resolutions 99.31 through 99.34.
WHEREAS, on April 30, 1999, the World Intellectual Property Organization (WIPO) presented a report with its recommendations to ICANN on, among other things, a uniform dispute resolution policy for domain name disputes; and
WHEREAS, at its Berlin meeting the Board referred the dispute-resolution recommendations to the Domain Name Supporting Organization and encouraged the testbed registrars to develop a model dispute resolution policy for voluntary adoption;
WHEREAS, on August 3, 1999, the DNSO Names Council submitted to the Board five recommendations on a uniform dispute resolution policy as consensus positions;
WHEREAS, the testbed registrars, under the leadership of America Online and register.com, consulted among themselves and with post-testbed registrars and Network Solutions and proposed a Model Dispute Resolution Policy for Voluntary Adoption, which approximately twenty registrars have agreed to adopt; it is now
RESOLVED [99.81] that the Board accepts the DNSO's recommendation that ICANN adopt a uniform dispute resolution policy for accredited registrars in the .com, .net, and .org top-level domains;
FURTHER RESOLVED [99.82] that the President is directed, with the assistance of ICANN staff and counsel, to prepare implementation documents for approval by the Board after public notice and comment, on a schedule that allows the policy to be put into place within 45 days.
FURTHER RESOLVED [99.83] that the Board gives the following guidance as to the preparation of the implementation documents:
1. The registrars' Model Dispute Resolution Policy should be used as a starting point;
2. The President or his delegate should convene a small drafting committee including persons selected by him to express views and consider the interests of the registrar, non-commercial, individual, intellectual property, and business interests;
3. In addition to the factors mentioned in paragraph 171(2) of the WIPO report, the following should be considered in determining whether a domain name was registered in bad faith:
(a) Whether the domain name holder is making a legitimate noncommercial or fair use of the mark, without intent to misleadingly divert consumers for commercial gain or to tarnish the mark
(b) Whether the domain name holder (including individuals, businesses, and other organizations) is commonly known by the domain name, even if the holder has acquired no trademark or service mark rights; and
(c) Whether, in seeking payment for transfer of the domain name, the domain name holder has limited its request for payment to its out-of-pocket costs.
4. There should be a general parity between the appeal rights of complainants and domain name holders.
5. The dispute policy should seek to define and minimize reverse domain name hijacking;
FURTHER RESOLVED [99.84] that the President is authorized to provisionally approve dispute resolution providers under the uniform dispute resolution policy. From time to time, a list of provisionally approved providers should be compiled and provided to each accredited registrar to be incorporated into its policy. The DNSO is requested to recommend principles for a more formal dispute resolution provider accreditation program for consideration by the Board in 2000.
FURTHER RESOLVED [99.85] that the Board requests WIPO to provide recommendations on the topics set forth in a list to be transmitted to WIPO by the President.
RESOLVED [99.86], that under in Article V, Section 1 of the Corporation's bylaws the term of each of the At Large Directors of the Initial Board is extended to expire on the sooner of (i) the seating of the At Large Director's successor selected pursuant to the process referred to in Article V, Section 4(iv) of the Bylaws and (ii) September 30, 2000.
RESOLVED [99.87] that the At-Large Directors should be selected by an At-Large Council, the members of which are directly elected by the at-large members of ICANN;
FURTHER RESOLVED [99.88] that the At-Large Council shall consist of a maximum of 18 members, selected pursuant to an election process to be developed by the President and approved by the Board that is consistent with the following principles:
2. Of the members of the At-Large Council, at least one and not more than two per region shall be elected directly by the residents of ICANN's 5 defined geographic regions, with each regional Council member elected by the residents of his or her region. The remaining Council members (no more than eight) shall be elected globally by all ICANN At-Large members. A candidate for a regional At Large seat must be a citizen of a country located in that region. No two members of the At Large Council elected from the same region shall be citizens of the same country.
3. Election to the At Large Council should be conducted in at least two stages, if consistent with the selection of at least some At Large Directors prior to July 1, 2000.
FURTHER RESOLVED [99.89] that the President is authorized to convene a Membership Implementation Task Force, which shall generate and implement strategies for outreach and recruitment of a broad and numerous membership that is globally representative of the Internet user community; identify potential sources of funding for the initial At Large Council elections; design effective membership authentication and online election procedures; and monitor and oversee the initial At Large Council elections to ensure that they are conducted openly and fairly.
FURTHER RESOLVED [99.90] that, while the Board reiterates its determination that the At Large membership will ultimately be expected to fund its operations (including the election process), the President and staff are directed to seek to obtain the necessary funding to conduct the election of the initial At Large Council, and authorized, subject to the availability of adequate funds, to hire or retain sufficient staff support to administer the At Large membership program; support the At Large Council; develop and implement computer and software systems for membership records and online election processes; coordinate the outreach program; and other necessary and related tasks.
FURTHER RESOLVED [99.91] that the President and staff are directed to prepare implementing bylaws, including a definition of the specific rights of members and the responsibilities and scope of the At Large Council, to be presented to the Board for its review and approval following public notice and comment.
WHEREAS the Board has received and reviewed the Final Report of the Advisory Committee on Independent Review;
WHEREAS the Board recognizes and appreciates the considerable effort put forth by this Committee;
WHEREAS the Board has considered the comments submitted via the Internet and at the Berlin and Santiago meetings; it is hereby
RESOLVED [99.92] that the Board accepts the principles for independent review submitted by the Committee, and directs the President and staff to prepare a written policy implementing those principles prior to ICANN's annual meeting in November.