[ALAC] Board resolutions from the ICANN Board meeting held on 27 May 2016

Sat May 28 04:57:39 UTC 2016

From:
https://www.icann.org/resources/board-material/resolutions-2016-05-27-en

Approved Board Resolutions | Special Meeting of the ICANN Board

27 May 2016

1. Main Agenda:

 a. Approval of New ICANN Bylaws for IANA Stewardship Transition Rationale
for Resolutions 2016.05.27.01 - 2016.05.27.04

b. Posting of Draft Restated ICANN Articles of Incorporation for Public
Comment resulting from IANA Stewardship Transition Rationale for Resolution
2016.05.27.05

c. Service Level Agreement (SLA) with RIRs for the IANA Numbering Services
Rationale for Resolution 2016.05.27.06

d. IETF MoU Supplemental Agreement Rationale for Resolution 2016.05.27.07

e. AOB - Reconfirming Board resolution on .HOTEL and .ECO IRP Declaration
Rationale for Resolution 2016.05.27.08

1. Main Agenda:

        a. Approval of New ICANN Bylaws for IANA Stewardship Transition

Whereas, on 14 March 2014, the National Telecommunications and Information
Administration (NTIA) of the United States Department of Commerce announced
its intention to transition the stewardship of the IANA Functions to the
global multistakeholder community.

Whereas, on 10 March 2016, Internet Corporation for Assigned Names and
Numbers (ICANN) accepted and transmitted to the NTIA the following
transition documents: (i) the IANA Stewardship Transition Coordination
Group's IANA Stewardship Transition Proposal, and (ii) the Cross Community
Working Group on Enhancing ICANN Accountability's Work Stream 1 Report
(collectively, the "Transition Proposals").

Whereas, ICANN lawyers and the independent law firms hired to assist the
community in the development of the Transition Proposals, worked diligently
to create a new set of Bylaws setting out the various proposed changes to
ICANN's current bylaws to give effect to the Transition Proposals. Their
work was supported by a Bylaws Coordination Group, formed at the ICANN55
Meeting in Marrakech and comprised of community members from the various
groups that contributed to the Transition Proposals.

Whereas, the draft Bylaws were posted for public comment on 21 April 2016
for a period of 30 days. Upon the close of the comments, a detailed
analysis of the comments was performed and modifications were made to the
Bylaws in response to the public comments. ICANN coordinated with the
independent law firms on the revisions.

Whereas, ICANN's General Counsel has affirmed that the proposed New ICANN
Bylaws remain consistent with the Transition Proposals and recommends that
they be adopted to allow for implementation planning to continue.

Whereas, the revisions to the Bylaws were shared with the Bylaws
Coordination Group that was empowered to advise the legal drafting teams in
advance of consideration by the Board. The Board then considered the inputs
and reactions of the Bylaws Coordination Group as well as the public
comment summary and analysis.

Resolved (2016.05.27.01), the ICANN Board adopts the New ICANN Bylaws as
revised on 26 May 2016 [PDF, 1.41 MB].

Resolved (2016.05.27.02), the New ICANN Bylaws will be deemed effective
upon the expiration the IANA Functions Contract between ICANN and NTIA. The
Board reaffirms its Resolution 2016.03.10.18, stating, "The Board is
committed to working with the community to identify the portions of the
CCWG-Accountability recommendations that can be implemented in the event
that it is determined that ICANN's obligations to perform the IANA
Functions will remain under contract with NTIA."

Resolved (2016.05.27.03), the President and CEO, or his designee, is
directed to plan for the implementation of the Bylaws so that ICANN is
operationally ready to meet its obligations in the event NTIA approves of
the IANA Stewardship Transition Proposal and the IANA Functions Contract
expires.

Resolved (2016.05.27.04), the Board approves of the transmittal of
confirmation to NTIA of the adoption of these Bylaws.

        b. Posting of Draft Restated ICANN Articles of Incorporation for
Public Comment resulting from IANA Stewardship Transition

Whereas, on 14 March 2014, the National Telecommunications and Information
Administration (NTIA) of the United States Department of Commerce announced
its intention to transition the stewardship of the IANA Functions to the
global multistakeholder community.

Whereas, on 10 March 2016, Internet Corporation for Assigned Names and
Numbers (ICANN) accepted and transmitted to the NTIA the following
transition documents: (i) the IANA Stewardship Transition Coordination
Group's IANA Stewardship Transition Proposal, and (ii) the Cross Community
Working Group on Enhancing ICANN Accountability's Work Stream 1 Report
(collectively, the "Transition Proposals").

Whereas, in addition to requiring changes to the Bylaws, the Transition
Proposals also require ICANN's Articles of Incorporation to be modified.
ICANN's lawyers, together with the independent law firms hired to assist
the community in the development of the Transition Proposals, developed a
draft Restated Articles of Incorporation that is agreed to be consistent
with those Proposals.

Resolved (2015.05.27.05), the ICANN Board approves the posting of the draft
Restated Articles of Incorporation for public comment on the ICANN website
as soon as reasonably practicable.

        c. Service Level Agreement (SLA) with RIRs for the IANA Numbering
Services

Whereas, on 10 March 2016, the Board approved a package of proposals to
transition NTIA's stewardship of the IANA function to the global
multistakeholder community (the "Proposal").

Whereas, the Proposal contains a requirement for a Service Level Agreement
(SLA) between ICANN and the five Regional Internet Registries (RIRs) for
the performance of the numbering services.

Whereas, the Proposal contains eleven principles for the IANA Service Level
Agreement.

Whereas, the RIRs drafted the proposed SLA in accordance with the IANA
Service Level Agreement principles in the Proposal following an open and
transparent process, including public comment period of each version via
the ianaxfer mailing list <https://www.nro.net/pipermail/ianaxfer>. The
RIRs also had discussions and meetings with ICANN during the drafting
process, and ICANN submitted written comments on various versions of the
proposed SLA to the ianaxfer mailing list.

Resolved (2016.05.27.06), the President and CEO, or his designee(s), is
authorized to take such actions as appropriate to finalize and execute the
Service Level Agreement with the Regional Internet Registries for the IANA
Numbering Services as contemplated by the Proposal.

        d. IETF MoU Supplemental Agreement

Whereas, on 10 March 2016, the Board approved a package of proposals to
transition NTIA's stewardship of the IANA function to the global
multistakeholder community (the "Proposal").

Whereas, the Proposal calls for ICANN to maintain its existing Memorandum
of Understanding (MoU) with the Internet Engineering Task Force (IETF) for
the performance of the protocol parameters functions, which has been in
place since 2000. Each year a service level agreement is negotiated that
supplements the MoU (the "MoU Supplemental Agreement").

Whereas, ICANN and the IETF have agreed to a final MoU Supplemental
Agreement for 2016.

Whereas, the 2016 IETF MoU Supplemental Agreement has been drafted in
accordance with the IETF guidelines for contracted services.

Resolved (2016.05.27.07), the President and CEO, or his designee(s), is
authorized to take such actions as appropriate to finalize and execute the
2016 IETF MoU Supplemental Agreement with the IETF for the protocol
parameters registries function as contemplated by the Proposal.

        e. AOB - Reconfirming Board resolution on .HOTEL and .ECO IRP
Declaration

Whereas, at its meeting on 10 March 2016, the Board passed the following
resolution
https://www.icann.org/resources/board-material/resolutions-2016-03-10-en#2.a,
adopting findings found in the Final Declaration [PDF, 2.15 MB] issued on
12 February 2016, in the consolidated Independent Review Process (IRP)
proceedings relating to .HOTEL and .ECO. The resolutions of that meeting
have been confirmed as approved by the Secretary, as posted on the ICANN
website.

Whereas, members of the Board raised some concerns about the speed at which
the resolution was passed, and wanted to ensure that the record on the
Board's vote, and any voting statement that Board members would like to
include, were clear and fully transparent.

Resolved (2016.05.27.08), the Board hereby reaffirms the following
resolution it passed on 10 March 2016:
https://www.icann.org/resources/board-material/resolutions-2016-03-10-en#2.a
.

_______________________________________________
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://atlarge-lists.icann.org/pipermail/alac/attachments/20160528/3694b14e/attachment.html>