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Board Activities and Meetings

View records of actions and decisions made by the ICANN Board from recent activities and meetings.

Minutes | Meeting of the Board Accountability Mechanisms Committee (BAMC) | 15 December 2023

BAMC Attendees: Becky Burr, Sarah Deutsch, Patricio Poblete, León Sánchez (Chair), and Katrina Sataki

Other Board Member Attendee: Tripti Sinha

ICANN organization Attendees: Franco Carrasco (Board Operations Manager), Samantha Eisner (Deputy General Counsel), Casandra Furey (Associate General Counsel), John Jeffrey (General Counsel and Secretary), Elizabeth Le (Associate General Counsel), and Amy Stathos (Deputy General Counsel)

The following is a summary of discussions, actions taken and actions identified:

  1. Agenda review – The Chair reviewed the agenda for the meeting.

  2. Discussion re Independent Review Process Standing Panel Composition – ICANN org presented the Committee with a proposed recommendation for establishing the Independent Review Process Standing Panel. Following discussion, the Committee approved a recommendation to the Board to approve the inaugural Independent Review Process Standing Panel composition based upon nominations by the Community Representatives Group.

    • Action: ICANN org to prepare relevant materials for Board consideration.

  3. Initiation of Fundamental Bylaws Amendment Process on Community Modification to Accountability Mechanisms – ICANN org presented the Committee with a recommendation on the initiation of the Fundamental Bylaws amendment process as set out at Article 25, Section 25.2 of the Bylaws regarding a proposed amendment to Article 4, Section 4.1 of the ICANN Bylaws. The proposed amendment is in furtherance of the Board's October 2023 indication that it would seek to commence a Fundamental Bylaws amendment to insert into the Bylaws a description of how the ICANN community can define circumstanced under which access to ICANN's Independent Review and Reconsideration Processes can be limited. The Committee discussed the importance of maintaining the Empowered Community's voice in future restriction of the IRP or Reconsideration Process. The Committee acknowledged that though Article 4, Section 4.1 of the ICANN Bylaws is not enumerated as a Fundamental Bylaw, it will recommend that it's appropriate to follow the Fundamental Bylaws process because the proposed amendment describes how to alter two sections (Article 4, Sections 4.2 and 4.3) in the future. Following discussion, the Committee approved a recommendation that the Board initiate the Fundamental Bylaws amendment process as set out at Article 25, Section 25.2 of the Bylaws and to direct ICANN org to open a public comment on the proposed amendment to Article 4, Section 4.1 of the ICANN Bylaws.

    • Action: ICANN org to prepare relevant materials for Board consideration.

  4. Status on Reconsideration Request 23-2 – The Committee received a briefing on Reconsideration Request 23-2, filed by the Intellectual Property Constituency (IPC), seeking reconsideration of the: (i) ICANN Board Resolutions 2023.10.26.11 and 2023.10.26.12, which revisited the Board's prior action on Recommendation 7 from the Cross-Community Working Group on New gTLD Auction Proceeds (CCWG-AP) Final Report; (ii) the ICANN Board's public comment of 6 December 2018 on the Initial Report of the CCWG-AP; (iii) the organization of the public comment phase on the Proposed Final Report of the CCWG-AP; (iv) ICANN Board Resolutions 2022.06.12.13 to 2022.06.26.16; and (iv) "actions and inactions involving the implementation of the ICANN Grant Giving Program." ICANN org reported that the Request 23-2 is currently undergoing procedural evaluation to determine if it is sufficiently stated.

    • Action – Upon receipt, ICANN org to submit procedural evaluation to BAMC for consideration.
  5. Update on IRP Implementation Oversight Team (IRP-IOT) – The Committee received a status update on the work of IRP-IOT.
  6. Update on Economic Analysis Per Board Resolution 2023.06.11.07 - The Committee received an update on the status of the economic analysis "regarding the current domain name system marketplace as it relates to the market power of .INFO and .ORG" pursuant to Board Resolution 2023.06.11.07.
  7. Litigation Update – The Committee received a litigation update.

Published on 21 February 2024

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