*** Disclosure: The following is the output resulting from transcribing an audio file into a word/text document. Although the transcription is largely accurate, in some cases may be incomplete or inaccurate due to inaudible passages and grammatical corrections. It is posted as an aid to the original audio file, but should not be treated as an authoritative record.*** ICANN Board Meeting Friday, 28 October 2011 ICANN Meeting Dakar, Senegal >>STEVE CROCKER: All right. Let me ask you to assemble, take your seats. You will get tired of me saying "stop all this useful interaction." So I apologize. A little bit of stage management going on here. We're having a bit of a production delay on the last-minute tweaks to get all of the typos and little knits in the resolutions worked out. We have -- first of all, this is the annual general meeting, and that means that we're going to have as a matter of form two separate board meetings. The one we are about to start is the principle one and get sort of all the real work done. And then we will disband and reconvene with the new board, seating the new people. And I do have a very short order of business, selecting officers, slating the committees and some additional thank yous that belong more naturally in that section of our agenda today. We structure the agenda into -- we take quite a number of items that we think are completely straightforward and organized to simply require our approval but that don't have any real controversy and move them into what we call a consent agenda. These are listed as Items 1.1 through 1.17 in the agenda. And, further, we're going to skip the reading of these except for the thank yous which are important. Further, we provide with every resolution not only the resolution itself but a rational, sometimes quite extensive. The rationals are posted. We will not be reading them in the interest of time. Mr. Jeffrey -- is he here -- are we ready? >>JOHN JEFFREY: (Speaker off microphone). >>STEVE CROCKER: So we believe everybody has a copy. Board members, you may -- let me ask you to stay loose here because some of the assignments as to who is going to read things is going to be on the fly. So with that, I want to skip directly to the thanks for the departing At-Large volunteers and ask Sebastien Bachollet to read that resolution to be followed by Bruce Tonkin on the departing GNSO volunteers, Chris on the departing ccNSO volunteers. I will read the departing SSAC volunteers. And I would like Kuo to finish out with the thank you to Reinhard Scholl and Katim. We will do one vote on all the consent agenda items, the ones we haven't read and plus the ones we have read. With that, Sebastien, would you take us through items 1.11. >>SEBASTIEN BACHOLLET: With pleasure and thank you Mr. Chairman. Thanks to departing ALAC volunteers. First I want to -- before reading, I hope when we say "departing," it is departing for your current seat into one of these organizations, but I hope you will stay around ICANN and participate in ICANN. We don't want you to depart from the ICANN world, please. Whereas, ICANN wishes to acknowledge the considerable energy and skills that members of the stakeholder community bring to the ICANN process. Whereas, in recognition of these contributions, ICANN wishes to acknowledge and thank members of the community when their terms of service on supporting organizations and advisory committee advisory committees end. Whereas, seven members of the At-Large Advisory Committee have left their positions since the Singapore meeting: Mohamed El Bashir, ALAC member from the AFRALO, March 2007 to October 211; Sylvia Herlein Leite, ALAC member from the LAC RALO October 2009 to October 2011; Dave Kissoondoyal, ALAC member from the AFRALO October 2009 to October 201; Cheryl Langdon-Orr, ALAC member from the APRALO 2007 to 2009 and 2009 to 2011 -- and I guess even if we already say "depart" from the ALAC chair, she was ALAC vice chair, 2010-2011; James Seng, ALAC member from the APRALO elected by Nominating Committee, October 2009 to October 2011; Gareth Shearman, ALAC member from the NARALO, October 2009 to October 2011 and Patrick Vande Walle, ALAC liaison to the SSAC, November 2009 to October 2011. Resolved, Mohamed El Bashir, Sylvia Herlein Leite, Dave Kissoondoyal, Cheryl Langdon-Orr, James Seng, Gareth Shearman, and Patrick Vande Walle have earned the deep appreciation of the board for their terms of service and the board wishes them well in their future endeavors. That finishes the proposed motion. Thank you. >>STEVE CROCKER: Thank you very much, Sebastien. Bruce, take us through Resolution 1.12. >>BRUCE TONKIN: Thank you, Steve. With respect to thanking departing GNSO volunteers and as Sebastien says departing from their roles. Whereas, ICANN wishes to acknowledge the considerable energy and skills that members of the stakeholder community bring to the ICANN process. Whereas, in recognition of these contributions, ICANN wishes to acknowledge and thank members of the community when their terms of service on supporting organizations and advisory committees end. Whereas, 11 members of the GNSO have left their positions since the Singapore meeting. These are Olga Cavalli, GNSO council member from the Nominating Committee; Mason Cole, chair of the registrar stakeholder group; Avri Doria, chair of the Noncommercial Stakeholder Group; J. Scott Evans, chair of the intellectual property constituency; Debbie Hughes, GNSO council member for the noncommercial stakeholders group; Adrian Kinderis, GNSO council member from the registrar stakeholder group; Andrei Kolesnikov, GNSO council member; Kristina Rosette, ccNSO council member from the intellectual property constituency; Tim Ruiz, GNSO couple from the registrar stakeholder group; Rosemary Sinclair, GNSO council member from the Noncommercial Stakeholder Group; Jaime Wagner, GNSO council member from the Internet service providers and connectivity providers. It's resolved that Olga, Mason, Avri, J. Scott, Debbie, Adrian, Andrei, Kristina, Tim, Rosemary and Jaime have earned the deep appreciation of the board for their terms of service and the board wishes them well in their future endeavors. Over to you, Steve. >>STEVE CROCKER: Thank you very much. Chris, would you read resolution 1.13. >>CHRIS DISSPAIN: Thank you. Fortunately a much shorter resolution. Whereas, ICANN wishes to acknowledge the considerable energy and skills that members of the stakeholder community bring to the ICANN process. Whereas, in recognition of these contributions, ICANN wishes to acknowledge and thank members of the community when their terms of service on supporting organizations and advisory committees end. Whereas, one member of the ccNSO has left her position since the Singapore meeting, Jian Zhang, ccNSO council member, elected by the Nominating Committee November 2008 to October 2011. Resolved, Jian has earned the deep appreciation of the board for her term of service and the board wishes her well in her future endeavors. >>STEVE CROCKER: Thank you very much. Resolution 1.14 and 1.15 relate to departing SSAC volunteers. I'll read those. Whereas, Patrick Vande Walle was appointed to the ICANN Security and Stability Advisory Committee on 2006 June 2009. Whereas, ICANN wishes to acknowledge and thank Patrick Vande Walle for his service to the community by his membership on the Security and Stability Advisory Committee. Resolved, Patrick Vande Walle has earned the deep appreciation of the board for his service to ICANN by his membership on the Security and Stability Advisory Committee, and the board wishes Patrick Vande Walle well in all future endeavors. Resolution 1.15. Whereas, Harald Alvestrand was appointed to the ICANN Security and Stability Advisory Committee 26 June 2009. Whereas, ICANN wishes to acknowledge and thank Harald Alvestrand for his service to the community by his membership on the Security and Stability Advisory Committee. Resolved, Harald Alvestrand has earned the deep appreciation of the board for his service to ICANN by his membership on the Security and Stability Advisory Committee and the board wishes Harald Alvestrand well in all future endeavors. And I'd like to ask Kuo-Wei to read the last two of these resolutions for Reinhard Scholl and for Katim Touray. >>KUO-WEI WU: Thank you, Steve. Whereas, Reinhard Scholl was appointed to serve as TLG group liaison on the ICANN board in December 2010. Whereas, Reinhard previously served as the TLG group liaison in 2008. Whereas, Reinhard concludes his term as the TLG liaison to the ICANN board on 28 October 2011. Whereas, Reinhard has served as a member of the Structural Improvements Committee, a member of the technical relations working group. Resolved, 2011.October 28, Reinhard has earned the deep appreciation of the board for his term of service as TLG liaison to the ICANN board and the board wishes Reinhard well in all future endeavors. Thank you. >>STEVE CROCKER: Thank you very much. What I would like is a vote on the entirety of the items on the consent agenda and then I'd like to ask, first, Reinhard and then Katim to join me -- >>KUO-WEI WU: I didn't read Katim yet. >>STEVE CROCKER: My goodness. It's wearing on all of us. It's a long meeting. I deeply apologize. >>KUO-WEI WU: So, okay. >>STEVE CROCKER: I'm ahead of the game. >>KUO-WEI WU: Sorry about it. So for 1.17, thanks to Katim Touray. Whereas, Katim Seringe Touray was appointed by the Nominating Committee to the ICANN board in November 2008. Whereas, Katim concludes his term as a member of the board of directors on 28 October 2011. Whereas, Katim has served as member of the Board Global Relationships committee, member of the Board IANA Committee, member of the board Public Participation Committee, member of the Board-GAC joint working group on the role of the GAC, member of the board ATRT working group, team leader on support to applicants from developing countries during the board/GAC consultations in Brussels. Resolved, 2011 October 28, Katim has earned the deep appreciation of the board for his term of service as a director, and the board wishes Katim well in all future endeavors. Thank you. >>STEVE CROCKER: And now the moment I have been waiting for. [ Applause ] Thank you. We'll do a little more of this in just a second. First, I need a vote. Let me ask for a vote by acclamation on the consent agenda. All those in favor say aye. [ Chorus of Ayes. ] Any opposed? Any abstentions? [ No verbal response. ] Thank you. The entire consent agenda has passed. I would like to pause for just a minute and ask, first, Reinhard and then Katim to join me. I don't know if I have got a microphone up here. Does this work? It does. Oh, it is still attached. I better not go too far here. So, this is the bittersweet moment. Service on the board is an arduous and very intensive experience. Everyone who serves on the board makes a very extensive contribution, and we develop quite strong affection and strong working relationships with each other. So we've worked -- we've had the benefit of working with Reinhard before. He fills the peculiar rotating seat that is shared among three organizations. Reinhard's been representing the ITU in the Technical Liaison Group seat. So, Reinhard, thank you very much. We have a small token of appreciation for you. Thank you. Real pleasure. [ Applause ] >>REINHARD SCHOLL: Thank you very much, Steve. And thank you very much to the board. Let me add a couple of words regarding the relations between ITU and ICANN. I've often say this, but I would like to say this in an open public meeting. The relations between ITU and ICANN are somewhat rocky at times or perceived to be rocky at times. But I never had the impression when I was on the board that I was treated different than anyone else. I would very much like to thank the board for that. I very much appreciate that. I think quite a few of the -- perhaps, misconceptions have to do with matters regarding ITU are often misunderstood or misrepresented, especially in the Internet community and that may have to do with the very diverse membership that the ITU has. We have governments of members. We have for-profit companies as members. We have not-for-profit organizations as members. That's a pretty good example of a multistakeholder model, if you so wish. So you have a very diverse range of opinions. And often things are represented as, like, the ITU opinion. Whereas, in fact, it is just a proposal that one or several members have made into the ITU. One example is the proposal that ITU be an IPv6 -- an Internet registry for IPv6 address allocation so that never was an ITU proposal. The correct way of saying it is that some members brought this into the ITU to be discussed, but it was never an agreement on that. You can imagine a topic like that. There are very controverse opinions on that. So the common opinion of the ITU that's reflected in it resolutions are in its standards. We do have a resolution IPv6, but it doesn't say that ITU should become an IPv6 Internet registry. It says that ITU should study that. So if you make the distinction between what is an ITU opinion and what is just the input of some of the members that would be -- that would be very helpful. And what is an ITU resolution and agreement is that ITU and ICANN should need to collaborate. That was made very clear at the ITU plenipotentiary conference. That was the highest decision-making organ of the ITU about a year ago. And the text that most of you are familiar with was very -- was negotiated, was a difficult text to arrive at. But everyone signs up to that. ICANN and ITU need to collaborate and talk to each other. And one good way of building trust is to join work regarding capacity-building such as -- if you talk about IPv6, if you want to do a capacity-building effort on IPv6, ITU will be happy to join you. Or if you have other things where you think ITU could be helpful -- so capacity-building, that means you're training engineers, organizing workshops -- that's always something that flies. So I think that's a good way of building trust. So ICANN needs to talk -- and the ITU need to talk more to each other. Thanks very much. [ Applause ] >>STEVE CROCKER: Thank you. Thank you for those words. Very helpful. We'll take them to heart. Katim, could you join me. This man just wreaks of enthusiasm. >>KATIM TOURAY: Thank you. >>STEVE CROCKER: Just the most upbeat, always positive, eager. It has just been a real pleasure to work with you. >>KATIM TOURAY: Thank you very much. >>STEVE CROCKER: We are going to miss you quite a bit. I wanted you to hold that so I could get this for you. >>KATIM TOURAY: Thank you so much. >>STEVE CROCKER: We have a small token of appreciation for you. [ Applause ] It's been great. If you want to say something. >>KATIM TOURAY: Thank you very much. Just a word to the support staff. I have a few non-powerPoint presentations for you. It wouldn't take you -- take us very long to get through it, I promise. But before that, I wanted you to get a taste of what it means -- or how it feels to be in and yet get left out. So I want to start by saying thank you to my brothers and my sisters and my cousins in Senegal in a language that we share in common in The Gambia and Senegal. I'm not choking. It's just my throat is getting dry. And that's Wolof. (Speaking in Wolof.) Thank you very much, Steve. I was just saying thank you very much to my Senegalese brothers and our relatives. And do we have the first slide? Do we have the remote for the slide? It's not here. Okay. That's fine. I'll just tell them to click it. It is only about six slides I want to go through. Ladies and gentlemen, this is how it all started. It started in 2008 when I, in part, got on a horse cart. That's me there on the horse cart to come to Dakar for a meeting. And it was at that fateful meeting that I actually went to attend a workshop on root servers. That was given by Mouhamet Diop who was a former ICANN board member from Senegal and also Anne-Rachel, the regional manager for Africa based in Brussels. It was at that workshop we were talking about ICANN wanting people to volunteer on the board of directors. I said I have been volunteering all my life anyway, so I'm going to go for this. And, also, I was interested about what's going on and remembering, recalling, when ICANN itself as well as ISOC was being talked about, about forming them. So this is, basically, where it all started. Next slide, please. And just to let you know where I'm from. I'm from a village in The Gambia called Bolonara (phonetic). This is me a couple years ago in the (saying name). This is (saying name) with my people in Bolonara. Just to give you an idea that the Internet is much more than the New Yorkers or the Berliners or Sydneysiders. It also includes villages like me who are also intimately affected by what is happening on the Internet and how the technology is evolving. Since then, ICANN has taken me to places, one of which, of course, is Mexico City. And ICANN does not only take you to places, it does a lot of things with your minds. It expands it. It broadens it. And gives you an opportunity to work with an incredibly talented pool of people from all over the world. I have been most fortunate. For me, from the get-go, what has been of concern to me is to ensure that ICANN understands that the developing countries also have a stake in the process, have a stake in the function of the Internet and even beyond that, have something to bring to the table. I think it's going to be very important that we consider this as we move forward. As I said, in 2009 in Sydney, Australia, I think we need to move the paradigm from thinking of the Internet as a network of computers - - we all speak TCP/IP -- to a network of people. It is a network of people. And I think once we make that transition, we'll be in good position -- in a good place to move things forward. Number two, as I've said before, we must understand that in an ideal -- and in the reality also is that the world is only a better place if it's better for everyone. It is not going to be a better world, at least in my book if there are people who are enjoying the fruits and benefits of the progress we made as a human race and others are wallowing in deprivation and squalor and poverty. I wanted to take the opportunity to say thank you very much to quite a number of very special people, including my son (saying name) and my daughter (saying name). You can see they are Wisconsin Badgers already. And my nephew who is named after me, Katim. And they also, of course, been part of the entire team of very supportive people that have been behind me with all the incessant travels that I do. That's my mother also who lives with us as we do in Africa. And also to my beautiful and loving wife and (saying name). Thank you very much. Thank you very much. [ Applause ] And I also want to take the opportunity to say thank you very much to the incredible ICANN community from all over the world as well as the board. Both the serving members of the board and those that have worked before that are no longer on the board, the incredibly, amazingly talented and able and willing ICANN staff. I have been really amazed at what they do and how they do it and the patience they have shown with me. I think anybody who has worked with me knows that you got to deal with a lot of things, not to mention the fact that I talk too much, I ask too much questions and all of that. Thank you very much. Again, it has been a pleasure working with you. On that note, this is the last slide. On that note, I want to say -- I want to wish you all the very best. I will continue to do all the best that I can, and I wish you all the very best. And safe travels back home. Thanks, Steve. [ Applause ] >>STEVE CROCKER: I have some bad news. You have to go back to work because you I need you to read the next resolution. A big round of applause for both Reinhard and Katim. Thank you. [ Applause ] Well, if you can remember back before those two very excellent speeches, we were in the business of moving through the agenda. We've passed the consent agenda. We now move on to the rest of the resolutions. The next one is on Joint Applicant Support. I would like to ask Katim to read the resolution and then we will vote on it. And as before, we will not be reading the rational portions. Katim? >>KATIM TOURAY: Steve, thank you very much. It is with pleasure and pride and honor that I read this resolution. Because I think it is the resolution that should make all of us proud. It is the culmination of an incredible effort that's been put in by the community and also a lot of tough decision-making that has been take by the board in consultation with the community. And I would like to even before I begin just give everybody an opportunity to give this resolution a strong round of applause. Please. [ Applause ] >>KATIM TOURAY: And the resolution reads Joint Applicant Support. Whereas the board has received the final report of the Joint Applicant Support Working Group, JAS WG, appreciates the work of the JAS working group created in April 2010 by the ALAC and GNSO, and thanks to the entire ICANN community for the constructive dialogue leading up to and during this week in Dakar. Whereas the board expresses its appreciation to the GAC and ALAC for their joint statement on the JAS working group report. Whereas the board is committed to ensuring that the implement of a support program for deserving applicants will be done in a manner to enable those applicants to effectively participate in and benefit from the new gTLD program. Resolved, the board takes the JAS Working Group final report seriously, and a working group of board members has been convened to oversee the scoping and implementation of the recommendations arising out of that report as feasible. Resolved, the President and CEO is expected to commence work immediately and provide a detailed plan for consideration. If the plan is complete sufficiently in advance of its next board scheduled meeting set at 8 December 2011, the board will seek to add a special meeting to its schedule prior to that date. Do I have to read the rationale? No, I don't think so. >>STEVE CROCKER: No. Thanks very much. Discussion there. Bill. >>BILL GRAHAM: Thank you, Steve. I'd just like to propose a friendly amendment here, and I believe this is broadly supported by other board members. I think it's important to send a signal to those around the world who are interested in this program that we're committed to doing this quickly by adding to the final whereas clause direct reference to the first round. So the first whereas clause, the final one on page 25, I propose it read, "Whereas, the board is committed to ensuring that the implementation of a support program for deserving applicants will be done in a manner to enable those applicants to effectively participate in and benefit from the first round of the new gTLD program." Thank you. [ Applause ] >>STEVE CROCKER: Thank you. As you can tell, as you can tell we are work be right up to the last minute. Bertrand, you had a comment and then we will make a decision about this amendment. >>BERTRAND DE LA CHAPELLE: Thank you, Steve. I fully support this amendment because that's the right message we want to send. And the second thing is to express on my personal behalf, but also I think it translates in the spirit of the board, the extreme appreciation for the work that has been done in the JAS group. And I use purposefully this expression "extreme" that has been used a lot during the last few days. Extreme appreciation for the quality of the work and the dedication of everybody in the group and in the support staff. Thank you. >>STEVE CROCKER: Thank you. Rod Beckstrom, you want to add another comment? >>ROD BECKSTROM : Yes. I just want to comment on the proposed amendment from bill, which I'm supportive of but I want to clarify the following, which is that in order to implement the program in time for the first round, it is essential that the report be completed, number one. And secondly, that the board approve the very clear requirements that are the final requirements of the program and that those be implementable requirements within the very limited time frame that we have. And I think that that should be possible, but the requirement is those things have to be done well in advance of the program; otherwise, another date would need to change, and I am not proposing. Thank you. >>STEVE CROCKER: Thank you. Speaking on behalf of the board, I think we will do everything we can to be responsive and timely in the process. So, Bruce. >>BRUCE TONKIN: Thank you, Steve. I just want to declare, just before this motion is voted on, that my employer, Melbourne IT, is involved in providing advice and services to potential applicants in the new gTLD. For that reason, I have remained out of the room while the board, as a workshop, discussed some of the potential implementation details of the JAS group. But I will vote in favor of this resolution, because I don't believe I'm conflicted in basically supporting the concept, and asking for a board working group to work on it. But I will note that I will not be a member of that working group. >>STEVE CROCKER: Thank you very much, Bruce. And Ram. >>RAM MOHAN: Just briefly following on what Bruce said. As many of you know, I am employed by a company that is interested in the new gTLD process and intends to support applicants. And I, too, along with Bruce, stepped out of the room and do not participate in discussions on this topic. Thank you. >>STEVE CROCKER: Is that another hand I see? Two other hands. Kuo. >>KUO-WEI WU: I think at this time I just have a potential, so I don't want to vote for this issue, then. >>STEVE CROCKER: Good. Suzanne. >>SUZANNE WOOLF : Similar to Ram. Even though I do not vote, I am working for a company that does have a registry services business and left the room for the discussions of this resolution. >>STEVE CROCKER: I think what you can see is that we've had rather deeply engrained in our processes a high degree of sensitivity. Sometimes a little questionable as to what level of care we should take, but the bias has always been toward being ultra sensitive. And we go through the business of people leaving the room and excusing themselves and trying very hard to draw careful lines around this. Are there any others who have declarations to make? So with that, let me call for a vote by raising hands on the amendment. All in favor of the amendment? And the sight lines are a little hard here. J.J., are you around to count? Somebody? All right. 15 in favor. Cherine? Any opposed? Any abstentions? We're missing one somewhere. >> Kuo-Wei did not vote. >>STEVE CROCKER: Oh, Kuo-Wei did not vote? Okay. 15, zero, one. So the amendment passes. Let me move to the resolution itself. All in favor, raise your hand. >> (Off microphone). >>STEVE CROCKER: No. All right. Any opposed? Any abstentions? Kuo again. Thank you. By the same count, the resolution carries. Thank you very much. This is a very step forward. I know that everybody is looking forward to the sequel here that we fill in the details and breathe life into this effort. And, Rod, I fully understand, and I know everybody else does, that the last thing any staff wants is yet another load of requirements heaped on at last minute. Nonetheless, this is important and I know everybody will pull together to make it happen. Thank you. We now move to a budget request for the new gTLD communications plan. Ramaraj, would you read the resolution? >>RAMARAJ: Sure. Thank you, Steve. This is a budget enhancement request for the new gTLD communications plan. Whereas, at the Paris ICANN meeting in 2008, the board adopted the GNSO policy recommendations to introduce new generic top-level domains (new gTLDs), including at least a four-month communications period to raise awareness. Whereas the draft new gTLD communications plan describes the global outreach and education activities that will be conducted in each of the ICANN geographic regions. Whereas the FY12 budget allocates U.S. $805,000 to fund this effort. Whereas, planning and subsequent execution of the understandings communications plan has indicated the need for a full-service global public relations firm to ensure ICANN effectiveness in this effort. Whereas funds can be reallocated in the adopted ICANN budget to support the augmented communications effort without materially affecting performance in other areas. Whereas, at its 22nd October 2011 meeting the Board Finance Committee approved a recommendation that the board approve an additional expenditure of U.S. $900,000 for the execution of the communications plan. Resolved, the board approves an additional expenditure of up to U.S. $900,000 for the remaining three months of the communication plan, to be used for the retention of Burson Marsteller, a global public relations firm, to work towards the goal of raising global awareness of new gTLDs consistent with the terms of the communications plan. Resolved, the board authorizes the President and CEO to enter into any contracts necessary to fulfill the objectives of the new gTLD communications plan to the extent those contracts do not exceed the budget for the communications plan. >>STEVE CROCKER: Thank you very much. Any discussion? Cherine and Ray and then Bruce, and then Mike. >>CHERINE CHALABY: Whilst I'm supportive of this resolution and I will vote for it, I wish to make a comment regarding a specific area of the new gTLD communication plan itself. As stated in the resolution that was just read, I am in full agreement that the communication plan is, one, neutral in its presentation; two, not promoting applications for new gTLDs, and, three, raising awareness of opportunities and risks. It is, however, in this very specific area of risk awareness where I believe that improvements are needed to the communication plan. This is particularly important in light of the issues expressed by the ICANN community during this week in Dakar, regarding critical processes of the new gTLD program which have not yet been designed nor approved. For example, batching, clearinghouse, et cetera, et cetera, just to name a few. I suggest, therefore, that the communication plan should be expanded to, one, highlight all key outstanding issues; two, set target dates for the resolution of these issues; and, three, explain the implications if certain issues are not resolved by their target dates. Unless these suggestions are adopted, I believe the communication plan will be doing a disservice to the community, and also to the board and staff who are working flat out to answer all of these questions. We are less than three months away from launch, and ICANN communication with its community and beyond should not only be open and transparent, but also complete and comprehensive. Thank you. [ Applause ] >>STEVE CROCKER: Thank you very much. Ray. >>RAY PLZAK: Just a point of order. I was raising my hand to second the motion. >>STEVE CROCKER: Oh, thank you. Bruce. >>BRUCE TONKIN: Thank you, Steve. As noted earlier, my employer, Melbourne I.T., is active in the market of providing services to potential applicants for new gTLDs and my employer does actively do its own communications in this area. Because of that I have excluded myself from commenting during the discussion at the board on the topic and whether there should be expenditure, because I don't want to create the impression that I would be approving expenditure to, in some way, help or have a financial interest. So for that reason, I will abstain from voting on this motion. >>STEVE CROCKER: Thank you, Bruce. Mike. >>MIKE SILBER: Thank you, Chair. I intend to vote against this motion and I would like to read my reasons. Some people might think from previous votes that this is a principle objection to new gTLD program. On the contrary, it's because I believe in the new gTLD program as a logical extension from the creation of ICANN, and more importantly in the bottom-up multistakeholder model that I intend to vote in this way. There are three primary reasons for my vote. The first, the current communications plan ignores the board resolution of March 2010 in Nairobi and specifically community input. The Nairobi resolution states, and I will just read the relevant part, "ICANN will work with the SOs and ACs to leverage the," or I believe that's a typo and it should be "their networks and design the timeline around the actual launch." Public comment on the communications plan, both formal and informal as well as GAC guidance, all called for the use and inclusion of the community and the regional inclusiveness of the communications plan. This has not occurred, and instead, a top-down English dominated program has resulted with a single figurehead representing the entirety of the massive amount of community work on the program. None of the community, and for that matter, the board's input appears to have been taken into account. The second reason, the current budget request is in my view an attempt to rescue a communications plan which has been badly designed and executed. Despite repeated and ongoing assurances of the readiness of the organization with regards communications, up to Singapore and beyond it, few of the plan's objectives in the current plan appear to have been made. The current budget of approximately $805,000 has seen the development of a new gTLD microsite and related materials and the attendance primarily of the CEO at events around the world. These have included ICANN-hosted events as well as attendance at various technology events and, with a few notable exceptions, these have taken place in developed countries. Outreach in Africa is claimed as comprising three events: the IGF Nairobi, this meeting, and attendance at Highway Africa in Grahamstown, South Africa, not Cape Town, an event that ICANN has attended consistently for many years. All three events are budgeted for elsewhere within the ICANN budget. It accordingly appears that not a single extra cent has been spent on outreach to Africa. This is in spite of a budget item of $500,000 of than 805,000 for outreach in the five regions, which one would expect would be apportioned equally or at least fairly across the five regions. I have been advised that this may be a budget reference from a version prior to the proposed reversion; however, this does not detract from the fact if there had been no spend on regional outreach in Africa and no plan to do so as currently appears, there would be at least 100,000 U.S. dollars or more available to be spent on consultants. Furthermore, outreach involving the appearance of one or more North Americans standing on a podium undermines the involvement of this volunteer community on these issues, and a bottom-up process which may have seen more direct engagement if it had been trusted to assist with communications in the same way it had been trusted to actually develop the policy that this grand world tour is now trying to promote. The third reason, the current neglect of African countries developing in Africa in particular will be perpetuated even with the additional budget. The consultants that the additional budget will pay, Burson Marsteller, as well as the advertising agencies that they will subcontract, most likely the same agency which in turn owns Burson Marsteller, will have -- or have a significant reputation and have been touted as ideal to provide worldwide coverage. In fact, the list of offices and affiliates on their Web site is impressive, particularly coverage in Africa, until one digs a little deeper and finds out that there are two offices in Africa, one in Cairo covering Egypt and one in Johannesburg covering South Africa as well as the entire African continent. I am a proud South African but doubt I could do a better job of engaging the media and the community in Morocco, Mozambique or Malawi as a local could. A broken new gTLD communications plan. . [ Applause ] >>STEVE CROCKER: Thank you very much, Mike. As you can tell from the audience reaction, as I know you know from our discussions, we have had long debates and taken all of this quite seriously. That said, it's -- Kuo? >>KUO-WEI WU: Yeah, I would also like to comment about this one. I fully agree with what Cherine and Mike are saying. At the same time, as we know, the new gTLD are going to be launched very soon. You know, at least I -- we must have some kind of official message to deliver to the global communities, you know, because if we are not going to deliver a message by ICANN, then, you know, around the world they will be receiving the message from the different stakeholder that is not official message and that is not good. So although I don't like the process, but because this communication plan is so important for our community, I wish the team going to take the advice from Mike and also from the Cherine to make sure this plan is well done. In that case I am going to vote for yes in these programs. >>STEVE CROCKER: Thank you. Sebastien. >>SEBASTIEN BACHOLLET: Thank you, Mr. Chair. I will speak in English because I will not be reading a resolution. However, I wanted to say that I strongly support my colleagues, Cherine and Mike. I am in full agreement with their views, and I think this came to the fore in our board debates, not only during this week. Let me remind you that in Singapore, I persistently demanded that the communications plans should be posted for public comment. And finally, in July, we had a two-week period that did not take into account at all community input. So I fully agree with my two colleagues. In conclusion, I differ from Mike and I will vote in favor of this motion because it will result in a better performance. But also because if eventually this program went not as expected, I don't want anyone to tell me or to say that we did not supply them with the correct tools because of our negative vote. That's why my vote will be affirmative, but I share the reservations so eloquently voiced by my colleagues, Mike and Cherine. Thank you. >>STEVE CROCKER: Ray and then -- was that Bill? Yeah. Ray. And Katim. >>RAY PLZAK: Thank you. The comments that were made by Cherine and by Mike were well stated and represent a good deal of thought and deliberations on their part. I think what should be noted here, and I intend to vote for this resolution, is that we intend that this communications plan be done in the correct manner. So I would urge the CEO to pay attention what the board members are saying with regard to this plan and how important we view it. >>STEVE CROCKER: Thank you. Bill. >>BILL GRAHAM: Thank you. In the interest of brevity, I would like to say while I intend to vote in favor of this resolution as well, it will be with the same reservations as so well expressed by Kuo-Wei. Thank you. >>STEVE CROCKER: Thank you. Katim. >>KATIM TOURAY: Thanks, Steve. I also want to express my support for the statements that have been made by Mike, in particular especially regarding the statement about the implications of this communication program for Africa. What I would like to add to that, of course, is the perspective that we are talking about $900,000, spending it in three months. And given the strong difficulty, the challenges -- the difficulties -- the challenges that we have had really trying to convince people for the need for the program to support needy applicants, I think it's worth bearing in mind that this contrast is not going to be lost on a lot of people who are going to be seeing this as yet another signal that some things are more important to this organization than others, and they are not necessarily in the right order that they should be in the eyes and minds of a lot of those people. Having said that, I don't want to find myself in the situation that Donald Rumsfeld found himself in a couple of years ago and we send the troops and we say this is all you need only to find that you could have used some more. So along the lines of what the previous board members have said, I think, you know, it's fair to say that not all of us are happy with how we got here, but now that we are here, I think we just have to really buckle up, take a deep breath, and then approve this and give the staff the full support, and we also count on full sport of the community, and go ahead and implement this and learn from this in the future. Thank you. >>STEVE CROCKER: Thank you very much. So I think we have arrived at the point where we need to -- Oop. That Erika? >>ERIKA MANN: Steve, actually, I was very concerned during the discussion which we had on the board concerning the communication plan. We started the discussion a while ago, and my particular concern was that when you reach out to global corporation, sometimes they don't get it right the way they send out the message, so that the message really is appropriate to various regions and various needs and particular environments. Now, we had a discussion again, and we received strong confirmation from our communication team which is working on this that they would control the messages. So they will work with the global firm which was mentioned in the document. But the messages, the way the messages will be sent out, will be controlled by our team. So it will be appropriate it will meet the various needs in various environments, and it will be sensitive. So with this, I will vote in favor for this resolution. >>STEVE CROCKER: Thank you very much, Erika. Anyone else who wishes to speak? Thank you. All right. Let me call for a vote. All those in favor, please raise your hand. Including Rod? Rod had his hand up. Okay, 14? All opposed? Any abstentions? All right. >> (Off microphone). >>STEVE CROCKER: 14, one, one? Well, let's do it again. All those in favor -- and if you are a nonvoting member, don't vote. [ Laughter ] >>STEVE CROCKER: All opposed? One. Abstentions? One. 14, one, one. Thank you. Rod, you wanted to say something now that we have passed this motion. >>ROD BECKSTROM : Sure. I want to thank the board for supporting this important initiative to further expand the communications program which responds to the community feedback that they want to see even more coverage and also respond to the GAC communique issue here in Dakar calling for more communications. And I want to appeal to the community again. First, to clarify, we have had members and even leaders of the different SOs and ACs involved in this road show on the panel. Whether that's the chair of the ccNSO, Lesley Cowley, or members of ALAC, members of the GNSO have fully participated. And in almost all the cities, community members have played a vital role in helping to organize the events and activities. And we're very appreciative of that and I want to make the same appeal that I made in Nairobi, that I made in Singapore, that I made in Dakar at different meetings, and I am going to make it again. We would appreciate your help with this program. If there are any events that you have in your regions that are taking place where you feel new gTLD information sharing should be included, we're happy to either provide you with the materials, do our best to provide an ICANN expert or resource, and provide -- or provide a call-in or any other materials to support you. And we have had multiple events here in Africa. We have had them in other geographies, and we will continue. And also, we're measuring this program. We are have the third-party communications experts measuring the program with different metrics, and we will be reporting on that in the future as well as on the expenditures in the program. But again, we really appeal for your help and support. And I also want to respond to Cherine's comment about the batching process, for example. As we stated when the program was approved and thereafter, there are still administrative aspects of the program that are in the process of resolution. That includes the GAC participation and the early warning process and things related to that. It also includes batching, which has important legal and technical issues involved. And the commitment that we make to the community is that we will come to a final decision on this batching process before the end of the year and communicate that openly so that applicants are aware of that before the application window opens. I also want to mention there have been numerous other people from the ICANN staff as well as the community on the panels and speaking around the world, and I want to thank all of them. And again, thank you for approving this important program. >>STEVE CROCKER: Thank you very much. And let me express confidence that all the advice that we offered will be -- is understood and will be taken on board, and that we will see a vigorous and effective communication program. Thank you very much. Let's move on to the adoption of revised investment policy. I'd like George to read this. >>GEORGE SADOWSKY: Thank you, Steve. Whereas the Board Finance Committee requested that an outside expert review the investment policy to ensure it is appropriate for ICANN. And whereas the outside expert completed a review of the ICANN investment policy and concluded that overall, the investment policy is comprehensive and well written. Whereas the outside expert recommends a few modifications of the investment policy be made to ensure that it is as strong as possible. Resolved, the board endorses the ICANN investment policy and adopts the recommended modifications to the investment policy. >>STEVE CROCKER: And as I'm slowly learning how to do this job, let me call for a second. Ramaraj, thank you. Any discussion. Let me call for a vote. All in favor, raise your hand. It feels unanimous. Any opposed? Any abstentions? Thank you. The motion carries. We move on to the next one, recommendations from the Security and Stability Advisory Committee report -- committee on the report on WHOIS terminology and structure, SAC051. Mike, would you be willing to introduce this? >>MIKE SILBER: With pleasure, Steve, notwithstanding the fact that the technical arena is not my space. But Resolution 5, recommendations from the Security and Stability Advisory Committee report on WHOIS terminology and structure, SAC051. Whereas, WHOIS service has been an important information service for the Internet community and is part of all ICANN TLD contracts. Whereas, the shortcomings of the WHOIS protocol have been known for some time. Whereas, on 20 September 2011, ICANN's Security and Stability Advisory Committee, the SSAC, published a report "SSAC report on domain name WHOIS terminology and structure," SAC051, including specific recommendations aimed at clarity of terminology and structure with regard to discussions regarding WHOIS. Resolved, the board hereby acknowledges the receipt of SAC051 and thanks SSAC and other contributors for their efforts in the creation of the report. Resolved, that the board directs staff to produce, in consultation with the community, a roadmap for the coordination of the technical and policy discussions necessary to implement the recommendations outlined in SAC051. Resolved, the board directs staff to forward SAC051 to ICANN's advisory committees and supporting organizations for their advice, if any, with regards to the implementation of the SSAC recommendations and to forward SAC051 to the WHOIS review team. >>STEVE CROCKER: Thank you very much. Do we have a second? Chris, thank you very much. Any discussion? All those in favor raise your hand. Any opposed? Any abstentions? Thank you very much. The motion carries. We will, indeed, forward this and follow up and track to see that it is carried through. We next come to review of the ICANN conflicts of interest policy and ethics, a very important topic this week. Bill, can I ask you to introduce this? >> BILL GRAHAM: With pleasure, Mr. Chairman. Whereas, ICANN seeks to attain a higher ethical standard to ensure the legitimacy and sustainability of the multistakeholder model as enshrined in ICANN. Whereas, ICANN's current corporate governance documents as set out in the referenced Web site, include a conflicts of interest policy and board code of conduct including ethical guidelines and confidentiality provisions. Whereas, it is crucial to have strengthened rules and practices in place as ICANN embarks on the new gTLD program. Whereas, ICANN is undertaking multiple external reviews of its existing conflicts of interest and code of conduct and other conflicts and ethics practices. Whereas, ICANN's objective is to meet the following timeline. One, research and analysis and initial review by the Board Governance Committee, fourth quarter, 2011; public comment postings by January 2012; three, summaries provided to the BGC for consideration and discussion and any required revisions in February 2012; and, finally, board approval in March 2012. Whereas, while awaiting specific recommendations for enhancements to ICANN's policies and practices, ICANN is committed to demonstrating that it will treat decisions approving any new gTLD application in an ethical manner and with care to avoid even an appearance of a conflict of interest. Resolved, the board is working on a statement of how directors interested in specific new gTLD applications will be restricted from participation in the deliberations and decisions regarding the new gTLD program. Resolved, the board directs the President and CEO to provide direction on a clearly defined proposal to facilitate the board's taking further action on such a statement at the 8 December 2011 meeting of the board. >>STEVE CROCKER: Thank you, Bill. Do I have a second? I have a lot of seconds. Ray. Any discussion? Bruce. >>BRUCE TONKIN: Thank you, Steve. I just want to comment that on the last part of this resolution with respect to coming up with a statement on how interested directors in specific new gTLD applications would be restricted from participating in deliberations, I just want to communicate that as I communicated to the GAC earlier this week and also in the session yesterday, we actually are fairly advanced in some proposals there. We were still working on this about 10:00 last night, and then we decided that's probably not the right time to be wordsmithing it. So just want to make clear, it is fairly well advanced and we do hope to be able to conclude a statement -- specific statement on that aspect in December. >>STEVE CROCKER: Thank you. Any further discussion? Let me call for a vote on this. All those in favor? Any opposed? Any abstentions? The motion carries. Thank you very much. This is a very important step, as I noted before, and it will be followed by further steps along this path. We come to Item 7, Registrar Accreditation Agreement amendments. Bertrand, can I call on you to read this? >>BERTRAND DE LA CHAPELLE: Registrar Accreditation Agreement amendments. Whereas, the GNSO Council resolved on 4 March 2009 to support Registrar Accreditation Agreements, RAA, amendments as documented in the following link, recommend to the board that they be adopted and to form a drafting team to discuss further amendments to the RAA and to identify those on which further action may be desirable. Whereas, the council provided a report from that working group the prioritized recommendations for RAA amendment topics. Whereas, law enforcement representatives have met on several occasions to develop and deliver recommendations for Registrar Accreditation Agreement amendment topics and those recommendations have been endorsed by ICANN's governmental advisory committee. You need to move a little bit upwards. Okay. Whereas, the GNSO has extensively debated the process for developing and approving amendments to the RAA. Whereas, continuing to evolve the RAA is an important element in a program to protect registrants and safeguard the stability of a single interoperable Internet. Whereas, the gTLD registrars and ICANN are entering into negotiations to consider existing recommendations and deliver a proposed set of meaningful amendments in the global public interest with the twin goals of registrant protection and stability in mind. Resolved, 2011.10.28, following the number, the ICANN board directs negotiations to commence immediately, resulting in proposed amendments to be provided for consideration at ICANN's meeting in Costa Rica in March 2012. Resolved, the subject of the negotiations should include law enforcement and GNSO working group recommendations as well as other topics that would advance the twin goals of registrant protection and DNS stability. Resolved, the board also requests the creation of an issue report to undertake a GNSO policy development process as quickly as possible to address remaining items suited for a PDP. >>STEVE CROCKER: Thank you very much. Do I have a second? Thank you, George. Any discussion? Let me ask for a vote. All those in favor? >>BRUCE TONKIN: Actually, can I just make a statement? >>STEVE CROCKER: Yep. >>BRUCE TONKIN: I just wanted to declare that my employer is a registrar and that this motion relates to negotiations to a registrar agreement, so I will abstain from voting on this motion. >>STEVE CROCKER: That's fine. Thank you. So all those in favor, once again? All opposed? You are not a newcomer, you got no excuse here. [ Laughter ] And abstentions? Thank you very much. The motion carries. All right. The GNSO PDP recommendations. Ray, can I ask you to introduce that? >>RAY PLZAK: Yes, Chair, you can ask all day long. [ Laughter ] I will gladly do so. Whereas, a GNSO policy development process work team has been working to develop a new policy development process within the GNSO that is more effective and responsive to ICANN's policy development needs. Whereas, on 26 October 2011 the GNSO Council considered the final report of the PDP-WT and unanimously approved the recommendations within the final report. Whereas, the implementation of the GNSO PDP improvements require amending Annex A of the ICANN bylaws and public comment is necessary prior to board consideration. Resolved, the board approves the initiation of a public comment period of not less than 30 days on the proposed amendments of Annex A of the ICANN bylaws. >>STEVE CROCKER: Thank you. Do we have a second? Erika. Any discussion? All those in favor? All opposed? Any abstentions? Thank you very much. The motion carries. Next item is receipt of the communique from the African Union. I think I will take the privilege, if I can shuffle papers fast enough. It is on the screen. I will take the privilege of introducing this myself. Whereas, the African ICT ministers under the auspices of the African Union and the Government of Senegal held a ministerial meeting in Dakar, Senegal, from 19-21 October, 2011, to prepare for the ICANN 42nd meeting in Dakar. Whereas, the African ICT ministers deliberated on Internet governance issues of concern to them and the people of Africa. Whereas, the African ICT ministers at the conclusion of their meeting issued a communique which included requests to the ICANN board and pledged the support of Africa for ICANN's work in the multistakeholder model. Resolved, the board commits to reviewing and considering each of the 12 requests presented within that communique. Do I have a second? Sebastien. Thank you. Any discussion? I'd like to note that I thought it was pretty important that not only did the ministers meet, but that the communique that they delivered had very pointed and very substantive and quite meaningful requests. And they were not just broadly about the Internet, not just broadly about ICT but a number that were pointed, the 12 pointed directly for us. And I think that is the opening of a door for very important communications. Rod, I think wanted to say something? >>ROD BECKSTROM: Yes. I want to acknowledge some of the milestones we are passing as an organization and community. I think that was either the first or one of the first ministerial meetings ever to take place contiguous with an ICANN meeting and was organized here because the ICANN meeting was going to take place. And I feel they worked on very substantive issues and issued a very clear and constructive communique with their views on a number of issues. So that's an important milestone. And the second point is, I think this was perhaps the first time in ICANN history at this meeting that we were not only addressed by a head of state -- which has occurred before -- but by a head of state engaging very deeply and very directly on ICANN policy issues in an extremely constructive process. It is wonderful to see this progress here in Senegal and in the subSaharan Africa, in an important developing region of the world. Thank you. >>STEVE CROCKER: Thank you, Mike? >>MIKE SILBER: Steve, I'd also like to acknowledge the time taken by the African Union Commission to come and brief us on the communique and their willingness to engage with us. And when there was some debate around some of the recommendations as to whether the request made was the appropriate implementation or other options, their willingness to engage in the constructive open dialogue on those issues to say, Well, if that's not the best way of doing it, come back and give us some feedback on why you would propose a different approach, why there are other options, why you'd prefer a different option. And I think that's a fantastic alternative that we were presented with during our meeting compared to a set of directives which we sometimes receive. >>STEVE CROCKER: Thank you. Bertrand? >>BERTRAND DE LA CHAPELLE: Thank you, Steve. I want to highlight a very interesting element that happened in the context of this ministerial meeting, is that the document that has been presented by the conference of ministers has actually been prepared in a very interactive manner. And I want to congratulate publicly all the people who have been involved in the preparation of that document, both from governments and from civil society. Nobody has to take credit for spreading the model or the multistakeholder approach because we are all in charge of spreading it. But many of these people, and Maimouna and others, who are participating on the one hand in the GAC are also actively promoting the multistakeholder discussion format, preparatory process for something that now has the ministers at a high level. We take the opportunity to express appreciation for the quality of the document and especially because the structure of the document is extremely useful as an interaction tool with ICANN, highlighting clearly a certain number of topics. And the interaction with the representatives of the African Union Commission who came to interact with the board offered a very good opportunity for directive change. So I wanted to highlight this, because the multistakeholder approach and practice is spreading. And obviously it is benefiting everybody, including governments. >>STEVE CROCKER: Thank you very much. Katim? >>KATIM TOURAY: Yeah, I want to say that as somebody who has, you know, tried to push as much as I possibly can for greater engagement by ICANN with the developing community, developing countries, especially Africa. I'm especially happy that each and every time we've decided, at least in the time that I've been on the board, that we've decided to have a meeting in Africa to have decided and then followed up on that decision without a lot the hesitation and dithering. We have always been pleasantly surprised. And I have learned a lot in the process actually. For instance, both in the Nairobi and Senegal meetings -- Kenya and Senegal meetings, where the organization of those meetings, the local hosts were spearheaded by women. I think this is absolutely incredible. The message it sends not only to Africa but the rest of the world is just fabulous. Secondly, it was in Nairobi that we really woke up to the potential of remote participation. The technologies that we deployed in Nairobi, I think, are trendsetters and we continue to benefit from the gains and experience that we had in Nairobi. And we came to Dakar and moved the bar even further with the active and very informed participation of the Senegalese President Maitre Abdoulaye Wade and proceeded that with high level ministerial meeting that really spoke to the issues not in a confrontational manner, not in an ugly manner as people have -- but in a very constructive and engaging manner with a desire to work together with the community toward mutually beneficial objectives. I think the moral of the story here is that we need to be a little bit more adventuresome. We need to go out there and engage people and then with gusto learn the lessons as we move forward. Thank you very much for coming. >>STEVE CROCKER: Thank you. [ Applause ] Cherine, did you want to add something? >>CHERINE CHALABY: Most of it was said. So I just say a couple of words, which is I wish to add my acknowledgment and congratulations to the ICT ministers and to the quality of the communique. And the reason I think it was very good, it was very crisp, to the point with clear recommendations. It could have been a missed opportunity, but it wasn't. In fact, they got ICANN engaged and we had to respond to this crisp communication. So congratulations, and thank you very much for being so clear and so precise. >>STEVE CROCKER: Thank you very much. With that, let me call for a vote. All those in favor? Any opposed? A little late there. Any abstentions? Thank you, the motion carries unanimously. That concludes the list of resolutions that have been prepared. We have as a matter of form an item on here for other business. Does anybody wish to introduce new business at this time? Thank you very much. This concludes this portion of our board meeting. We are now going to make the transition and seat the new board, so we'll take just a second here as we change and welcome Judith Vazquez and Thomas Roessler to the board. We'll start up in about 2 1/2 minutes here. And I'm informed by counsel I have to say the following words, we are hereby adjourned. [ Meeting adjourned ]