[ga] Verisign Agreement Adopted (fwd)

Mon Apr 2 15:50:14 UTC 2001

For those of you not following this, the following decision means
effectively NSI has been regranted a registry monopoly over .com (they
spin out .net and .org) and they do not have to split the registry
operation from the registrar operation.

From: Andy Müller-Maguhn <andy at ccc.de>
To: icann-news at lists.ccc.de
Date: Mon, 2 Apr 2001 16:02:27 +0200
Subject: [icann board telco] verisign agreement adopted
Mailing-List: contact icann-news-help at lists.ccc.de; run by ezmlm

just a short note after the boards telephone call today -
the new versign agreement with some soft changes
arrangend between the new ICANN ceo Stuart Lynn in
cooperation with ICANN lawyers Joe Sims and Louis
Touton has been adopted by the board with 12 votes,
3 against (amadeu abril i abril, karl auerbach, myself)
and 1 abstain (ken fockler). The style of the discussion
- which was about 40 minutes - was rushed by vint
cerf cause he wanted to keep the length of the telconf
< 1 h.

Ken´s argument, that the NC gave a clear vote against
the new proposal ("B") was rejected by the president
with the argument, that the arguments of the NC where
mentioned and lead to the changes.  My suggestion,
to give the NC´s constituencys at least 2 days for
commenting the work from the Lynn/Sims/Touton
that was send in a confidential note sunday (yesterday)
to the board, was rejected by the Lynn/Sims/Tounton
with the argument that the finalized statement would
still mean a lot of work until have it as a written
contract and any delay would make it worse.

ICANN website will give an overview of the adopted
decision soon.

sorry for only giving you a brief summary here, sitting
on the airport of duesseldorf and have to rush to my
airplane now...

A.

http://www.icann.org/minutes/prelim-report-02apr01.htm

Preliminary Report

Special Meeting of the Board

2 April 2001 (Posted 2 April 2001)

The ICANN Board of Directors held a meeting by teleconference on 2 April
2001. Directors Vint Cerf (chairman), Amadeu Abril i Abril, Karl Auerbach,
Ivan Moura Campos, Jonathan Cohen, Phil Davidson, Ken Fockler, Masanobu
Katoh, Hans Kraaijenbrink, Sang-Hyon Kyong, Stuart Lynn, Andy
Mueller-Maguhn, Jun Murai, Alejandro Pisanty, Nii Quaynor, Helmut Schink,
and Linda S. Wilson participated. The Board adopted the following
resolutions:

Contract for IANA Function

(Adopted 16-0, with Andy Mueller-Maguhn not yet present due to telephone
difficulties)

Whereas, as provided by resolutions 00.5 and 00.6, ICANN entered a contract
with the United States Government on 9 February 2000 under which it
performed the IANA functions through 30 September 2000;

Whereas, as provided in resolution 00.71 that contract was extended to 31
March 2001;

Whereas, the United States Government has requested that the contract be
renewed to provide a continuing contractual basis for ICANN's provision of
the IANA function as the transition of Internet-coordination functions from
the United States Government to ICANN progresses;

Whereas, ICANN's General Counsel has reviewed the terms of the renewal
contract with the Board and recommended that the Board enter into the
agreement on those terms;

Resolved [01.45], the Board accepts the terms of the renewal contract as
reviewed with the Board; and

Resolved further [01.46], the Board authorizes the General Counsel to sign
the renewal contract on behalf of the Corporation in the form presented.

Revision to Agreements with VeriSign

(Adopted 12-3, with one abstension. Vint Cerf, Ivan Moura Campos, Jonathan
Cohen, Phil Davidson, Masanobu Katoh, Hans Kraaijenbrink, Sang-Hyon Kyong,
Stuart Lynn, Jun Murai, Alejandro Pisanty, Nii Quaynor, and Linda S. Wilson
voted in favor. Amadeu Abril i Abril, Karl Auerbach, and Andy
Mueller-Maguhn voted against. Ken Fockler abstained. Helmut Schink had left
the call by the time of the vote.)

Whereas, a proposal has been presented to the Board for various revisions
in the agreements among ICANN, Network Solutions, Inc., and the United
States Department of Commerce that were approved on 4 November 1999 in
resolutions 99.132 and 99.133 and were signed on 10 November 1999;

Whereas, the proposal was forwarded to all three supporting organizations
with a request for comments;

Whereas, in resolution 01.22 the Board requested all members of the
Internet community, including the Names Council and any of the
constituencies and other participants in the Domain Name Supporting
Organization, to provide comments on the substantive merits of the proposal
no later than 31 March 2001;

Whereas, on 9 March 2001 the Protocol Supporting Organization notified the
Board that it had considered the proposal only with regard to potential
protocol-related technical issues as a result of splitting .com, .net and
.org into three registries, and saw no problems with this approach
providing that the stability of the DNS resolution is protected;

Whereas, on 30 March 2001 the Names Council of the Domain Name Supporting
Organization (DNSO) forwarded a four-part resolution accompanied by
statements of the seven DNSO constituencies and participants in the DNSO
general assembly;

Whereas, numerous comments of the Internet community have been received on
ICANN's web-based public comment forum, by e-mail, and otherwise;

Whereas, in response to the comments ICANN has asked VeriSign for
improvement of the proposed agreements through the addition of some text
changes and other related undertakings between ICANN and VeriSign;

Whereas, VeriSign has stated its commitment to make those improvements;

Whereas, the Board has carefully considered the proposal in connection with
the input from the supporting organizations and Internet community and the
improvements agreed by VeriSign and finds that acceptance of the proposal
is necessary and appropriate to further ICANN's purposes;

Resolved [01.47] that the President is authorized on behalf of the
Corporation to sign the proposed agreements with VeriSign as presented,
with suitable revisions and additions to the provisions of the agreements
to reflect the text changes and additional commitments set forth in the
posted correspondence with Stratton Sclavos and with any further
corrections and modifications consistent with the proposal that the
President determines are appropriate, such signing to be subject to any
necessary approvals of the U.S. Department of Commerce;

Further resolved [01.48], the President is authorized to take such actions
as appropriate to implement the agreements.

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