- Category: ICANN Structures
- Topic: ccNSO Bylaw Recommendation Consideration
- Board meeting date: 31 March 2006
- Resolution number: 06.11
- URL for Board minutes/resolution: http://www.icann.org/en/minutes/minutes-31mar06.htm
- Status: Completed
Summary
Board rejects ccNSO's recommendation for the addition of a new subsection 3 to ICANN Bylaws Article IX, Section 6, and directs staff to communicate with ccNSO for further input.
Text
Peter Dengate Thrush introduced a resolution, seconded by Michael Palage:
Whereas, the ccNSO Council has considered a number of issues which are understood to stand in the way of a number of ccTLD managers joining the ccNSO.
Whereas, the ccNSO Council resolved on 28 May 2005, to initiate a ccNSO Policy Development Process to consider changes to ICANN Bylaws Article IX (Country-Code Names Supporting Organisation), Annex B (ccNSO Policy-Development Process) and Annex C (the scope of the ccNSO) to address the matters outlined in paragraphs A to M of section 3.2 of the Issues Report as published on 7 June 2005.
Whereas, the ccNSO has conducted the ccPDP in accordance with Annex B of the ICANN Bylaws.
Whereas, the ccNSO Council resolved on 2 December 2005, to approve the Board Report containing eight ccNSO Recommendations for changes to improve and clarify the ICANN Bylaws on the ccNSO and the ccPDP in the interest of the ccNSO membership, the ccNSO Council and other stakeholders.
Whereas, the Issue Manager has submitted the Board Report <http://ccnso.icann.org/announcements/ccnso-board-report-04dec05.pdf> to the Board for consideration on 2 December 2005.
Whereas, the proposed ccNSO Bylaw changes have been posted for public comment on the ICANN webpage <http://www.icann.org/announcements/announcement-21dec05.htm> for over 21 days, and one comment concerning Recommendation 3 was received.
Whereas, Recommendation 3 suggested the addition of a new subsection 3 to ICANN Bylaws Article IX, Section 6, which would require that "Any change of this article IX shall be recommended to the Board by the ccNSO by use of the procedures of the ccPDP as stated in Annex C to these bylaws, and shall be subject to approval by the Board."
Whereas, the General Counsel has advised the Board that adopting the ccNSO Recommendation 3 may raise issues regarding corporate governance and might adversely impact ICANN's organizational structure.
Whereas, the Board believes that it is essential that the Board maintain its role of independent oversight of the organization and its Bylaws, and that this independence is one of the key elements which makes ICANN free from capture by any particular interested party or industry sector.
Resolved (06.11), that the Board hereby rejects ccNSO Recommendation 3, and directs staff to communicate to the ccNSO that it is amenable to receiving further input from the ccNSO through its processes for a supplemental recommendation regarding good faith notice and consultation, before the amendment of any provision of Article IX of the ICANN Bylaws.
Following discussion, a vote was taken on the resolution, which the Board adopted by a 15-0 vote.
Implementation Actions
- Communicate to the ccNSO that the Board is amenable to receiving further input regarding good faith notice and consultation.
- Responsible entity: ICANN staff
- Due date: None provided
- Completion date: 11 May 2006
Other Related Resolutions
- Board directs ccNSO recommendations to be posted for public comment on 4 December 2005 Resolution 05.__ at: http://www.icann.org/en/minutes/minutes-04dec05.htm.
- Board approves ccNSO supplemental recommendation 3 on 30 June 2006 Resolution 06.43 at: http://www.icann.org/en/minutes/resolutions-30jun06.htm.
- Other resolutions TBD.
Additional Information
- The ccNSO discussed the situation at its 11 May 2006 meeting and provided a supplemental recommendation for public comment on 26 May 2006, at: http://www.icann.org/en/announcements/announcement-26may06.htm.
- Proposed supplemental recommendation 3 was adopted 30 June 2006, and incorporated into the Bylaws on 15 February 2008, available at: http://www.icann.org/en/general/archive-bylaws/bylaws-15feb08.htm.
- Current Bylaws are available at: http://www.icann.org/en/general/bylaws.htm.
- The resolution does not address funding for the items identified therein.
Explanatory text does not modify or override Resolutions. See Board Resolutions Page for more information.
