3 November 2002

Kevin E. Brannon
Preston, Gates & Ellis LLP
<kbrannon@prestongates.com>

Re: Your 30 October 2002 Letter Regarding VeriSign Request for Reconsideration

Dear Mr. Brannon:

Due to time-zone differences, I received your letter dated 30 October 2002 after the commencement of the 31 October 2002 ICANN Board meeting held in Shanghai. Because I was occupied in my capacity as ICANN's secretary during the Board meeting, I did not see your letter until after the Board meeting concluded. Accordingly, it was not considered by the Board at its 31 October 2002 meeting.

At the meeting, the Board adopted resolution 02.124, which states:

Wait-Listing Service

Whereas, in resolution 02.100 the Board authorized the President and General Counsel to conduct negotiations with VeriSign toward appropriate revisions of the .com and .net registry agreements to permit the offering of a Wait-Listing Service under stated
conditions;

Whereas, on 16 October 2002 VeriSign's Deputy General Counsel sent ICANN's outside counsel a letter "formally request[ing] that the Board reconsider three of [the conditions] at the Shanghai meeting";

Whereas, the Board's reconsideration policy states that "[r]equests for review or reconsideration must be submitted by email to reconsider@icann.org";

Whereas, the Board is of the view that, despite VeriSign's failure to comply with the published procedures for seeking reconsideration, the letter should be treated as if it were submitted to the e-mail address;

Whereas, the Reconsideration Committee currently has pending a request (No. 02-5) also seeking review of the Board's action in resolution 02.100;

Resolved [02.124] that VeriSign's 16 October 2002 letter is hereby referred to the Reconsideration Committee, with instructions to treat it as if it had been submitted on that date to the e-mail address as required by the Reconsideration Policy.

In follow-up to this motion, VeriSign's 16 October 2002 letter has been docketed as Reconsideration Request 02-6. <http://www.icann.org/committees/reconsideration/verisign-request-16oct02.htm>

In sending any communications to ICANN regarding VeriSign's Reconsideration Request 02-6, please copy them to VeriSign's counsel, Philip L. Sbarbaro at <phils@verisign.com>.

Best regards,

Louis Touton
ICANN General Counsel

cc: Philip L. Sbarbaro, Esq.

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