2009-09-30 - Affirmation of Commitments

Whereas, on 25 November 1998 ICANN and the United States Department of Commerce (DoC) entered into a Memorandum of Understanding (MoU) setting forth principles and responsibilities to guide the transition of the DNS to private sector management;

Whereas, after a series of amendments to the MoU, on 29 September 2009, ICANN and the DoC entered into the Joint Project Agreement (JPA), reaffirming ICANN's commitments to the DoC;

Whereas, pursuant to the JPA, on 28 February 2008 the DoC held a Public Meeting on the Mid-Term Review of the JPA. In advance of the Mid-Term Review, ICANN, on 9 January 2008, ICANN provided submissions to the DoC providing information on ICANN's adherence to the accountability set forth in the JPA. The community also provided substantial submissions to the DoC on this topic;

Whereas, in June 2008 the Chairman of ICANN's Board established the Improving Institutional Confidence (IIC) review process, involving the Presidents Strategy Committee. The IIC review was instituted in response to the public input provided during the Mid-Term Review and building on two years' work by the President's Strategy Committee;

Whereas, as part of the IIC process, in June 2008 three documents were published to begin community discussion at the ICANN Paris meeting. These documents were the first versions of: (1) A Transition Action Plan, outlining what ICANN hopes to address and how; (2) An Improving Institutional Confidence in ICANN document, which outlines the main points of discussion in greater detail; and (3) An FAQ to act as supplementary and explanatory guide to the other two documents;

Whereas, following the publication of the three documents, in June 2008 ICANN commenced a public comment period on the IIC work, including a series of public meetings around the world;

Whereas, in September and October 2008, the public comments on the IIC work were reviewed and integrated, and revised Transition Action Plan and Improving Institutional Confidence in ICANN documents were posted for public comment;

Whereas, this second round of community consultation provided further guidance to ICANN, and in March 2009, the President's Strategy Committee produced a draft Implementation Plan for Improving Institutional Confidence, introducing the report at the ICANN International Public Meeting in Mexico City and receiving public comment on the draft Implementation Plan until May 2009. The draft Implementation Plan builds on extensive research, analysis, deliberation and consultation with the global Internet community;

Whereas, in April 2009, the DoC issued a Notice of Inquiry (NOI) seeking comment regarding the upcoming expiration of the JPA;

Whereas, the Board further discussed its approach to the conclusion of the JPA at a retreat in Austria in May 2009;

Whereas, the Board discussions led to the crafting of a Board submission to the DoC NOI process in June 2009, submitted on 8 June 2009. The Board's submission set out the key goals and objectives to be considered in an ongoing relationship with the DoC. Numerous other submissions were also provided to the DoC;

Whereas, at the ICANN International Meeting in Sydney, Australia, ICANN staff and the Chairman of the ICANN Board held discussions with the DoC and on 26 June 2009, at a private session of the ICANN Board, reported on the discussions with the DoC;

Whereas, at the ICANN International meeting in Sydney, Australia, the ICANN Board reviewed recommendations from the President's Strategy Committee report on "Improving Institutional Confidence: The Way Forward", considered the public input offered on the recommendations, and resolved to adopt proposals for consideration;

Whereas, in confidence, the Board received further briefings on the progress of discussions with the DoC at its meetings on 30 July and 27 August 2009;

Whereas, the Board discussed and provided input on the draft Affirmation of Commitments at the Board's 11 September 2009 retreat in Los Angeles, California;

Whereas, the JPA concludes on its own terms on 30 September 2009.

Resolved (2009.09.30.17, the Board acknowleges the completion of the Joint Project Agreement with the U.S. Department of Commerce, and applauds the signing of the new "Affirmation of Commitments."

Resolved (2009.09.30.18), the Board hereby recognizes and congratulates the ICANN community, all global stakeholders, Board members and leadership, for their important work to bring ICANN to this important accomplishment;

Resolved (2009.09.30.19), the Affirmation of Commitments is an important permanent recognition of ICANN and its responsibilities in the public interest for the technical coordination of the Internet's domain name and addressing system. ICANN coordinates, at the overall level, the global Internet's systems of unique identifiers, and in particular to ensure the stable and secure operation of the Internet's unique identifier systems.

Resolved (2009.09.30.20), ICANN is commited to work with the community to support the long-standing success of the Affirmation of Committments role for the multi-stakeholder, private sector, non-profit, organization of ICANN.

Resolved (2009.09.30.21, the ICANN Board wishes to acknowledge the hard work and dedication of ICANN's volunteer, global stakeholder community, directors and former directors, current and former executives and ICANN's dedicated staff. It is impossible to name all of the individual and organizations that have been part of the evolutionary process that has brought us to this Affirmation of Committments.