| Subscribe: Newsletters & News Alerts | ICANN Blog | Public Comment
ICANN Meetings in Wellington, New Zealand
ICANN Public Forum, Part II
Tuesday, 30 March 2006
Note: The following is the output of the real-time captioning taken during the ICANN Public Forum held on 30 March 2006 in Wellington, New Zealand. Although the captioning output is largely accurate, in some cases it is incomplete or inaccurate due to inaudible passages or transcription errors. It is posted as an aid to understanding the proceedings at the session, but should not be treated as an authoritative record.
ICANN PUBLIC FORUM, PART II
THURSDAY, 30 MARCH 2006
WELLINGTON, NEW ZEALAND
>>VINT CERF: GOOD MORNING, LADIES AND GENTLEMEN.
WELCOME TO THE SECOND SESSION OF THE PUBLIC FORUM.
WE HAVE QUITE A FEW THINGS TO COVER THIS MORNING, SO I'M GOING TO TRY TO MOVE
THINGS SWIFTLY ALONG.
I'D LIKE TO BEGIN WITH THE BOARD GOVERNANCE COMMITTEE REPORT, WHICH WILL BE
PRESENTED BY ALEJANDRO PISANTY, THE VICE CHAIR OF ICANN.
ALEX.
>>ALEJANDRO PISANTY: THANK YOU, VINT.
THE BOARD GOVERNANCE COMMITTEE HAS BEEN -- SINCE OUR LAST MEETING IN
VANCOUVER, HAS BEEN INTERACTING MOSTLY BY E-MAIL AND HERE IN A FACE-TO-FACE
MEETING.
WE HAVE DISCUSSED A NUMBER OF ISSUES.
NEXT SLIDE.
THE FIRST OF THEM IS FOR MEETING PREPARATION.
WE HAVE -- WE'RE GOING TO PROPOSE TO THE BOARD TODAY TO ANALYZE A PROPOSAL
FOR THE PREPARATION NEEDED FOR BOARD MEETINGS, WHICH WILL PROPOSE THAT 21
DAYS BEFORE THE MEETING, THE CHAIR OF THE BOARD CALLS THE BOARD TO PROPOSE --
BOARD MEMBERS TO PROPOSE AGENDA ITEMS AND DISCUSS -- START THE DISCUSSION
ABOUT THE AGENDA.
SINCE THE BOARD IS NOT VERY -- IT'S NOT A GOOD USE OF THE BOARD'S TIME TO
SPEND A LOT OF HOURS AND E-MAIL EXCHANGES IN DISCUSSING THE AGENDA FULLY, WE
WILL HAVE THIS DISCUSSION, AND THEN WE'LL LEAVE FOR THE -- THE PROPOSAL WILL
ASK FOR THE EXECUTIVE COMMITTEE TO HAVE A CALL SPECIFICALLY ON THE AGENDA AND
DECIDE WHAT WILL BE THE AGENDA FOR THE MEETING.
AND TEN DAYS -- THAT WILL BE TWO WEEKS BEFORE THE MEETING.
AND THEN FOUR DAYS LATER OR FIVE DAYS LATER, DEPENDING ON HOW YOU COUNT, --
APOLOGIES -- THE AGENDA WILL BE PUBLISHED WITH ITEMS.
THE PEOPLE WHO ARE IN CHARGE OF THE ITEMS, THE STAFF SUPPORT DESIGNATED, IF
THERE IS ANY, AND THE SUPPORTING MATERIALS.
AND THERE WILL BE A CALL FOR RESOURCING THIS WORK APPROPRIATELY IN ORDER FOR
THIS TO BE POSSIBLY FULFILLED.
THIS SOUNDS VERY NICE AND GOOD, AND AMONG THE DISCUSSIONS THAT WE WILL HAVE
IS THAT, FOR EXAMPLE, TODAY, WE WILL WOULD HAVE TO START DISCUSSING THE
AGENDA FOR OUR NEXT MEETING.
SO THIS IS ABOUT THE REALISM OF THE WHOLE PROPOSAL.
BUT WE BELIEVE THIS IS SOMETHING THAT WE NEED TO BEGIN TO STICK TO.
ABOUT REPORTS FROM MEETINGS AND MINUTES, WHICH HAVE BEEN A VERY, VERY VEXING
QUESTION, THERE ARE SEVERAL FACTORS THAT ARE BEING DISCUSSED IN THE BOARD
GOVERNANCE COMMITTEE.
ONE OF THEM IS THAT REAL OFFICIAL MINUTES CAN ACTUALLY ONLY BE PUBLISHED
AFTER THEY'RE APPROVED BY THE FULL BOARD.
SO THAT WOULD STILL LEAVE US ON A ONE-MONTH TYPE OF SCHEDULE FOR PUBLISHING
THE MINUTES.
SO WE ARE WORKING ON THE ADEQUACY OF PRELIMINARY REPORTS THAT WILL TELL THE
COMMUNITY THE MAIN RESULTS OF WHAT WAS DISCUSSED AND POSSIBLY THE THINKING --
AS MUCH AS POSSIBLE OF THE THINKING THAT WENT INTO THEM.
AND ALL OF THIS IS SUBJECTED TO A LIABILITY ANALYSIS WHICH IS STILL IN
DISCUSSION.
DIFFERENT WAYS TO REPORT THINGS ARE SHOWN TO CAUSE DIFFERENT LEVELS OF
LIABILITY.
SOME OF THEM WE ARE ALREADY TESTING.
SO WE WILL BE STUDYING THE CONSEQUENCES OF WHAT'S ALREADY OUT THERE.
THE NEXT ONE.
THERE'S FURTHER DISCUSSION ON THE POPULATION OF COMMITTEES, WHICH IS ONE OF
THE MAIN TASKS OF THE BOARD GOVERNANCE COMMITTEE.
WHAT WE'LL BE PROPOSING FOR DISCUSSION IN THE COMING DAYS OR HOURS, DAYS, OR
WEEKS, WILL BE THE DESIRABILITY OF DEADLINES FOR COMMITTEE ASSIGNMENTS FOR A
DIRECTOR WHO ENTERS THE BOARD ANEW, WHETHER WE SHOULD HAVE A DEADLINE THERE
OR IS THAT MICROMANAGEMENT.
BUT WE CERTAINLY WANT TO MAKE SURE THAT PEOPLE WHO ARE ABLE AND WILLING TO DO
COMMITTEE WORK AS THEY JOIN THE BOARD ARE ASSIGNED TO AT LEAST ONE COMMITTEE
AS SOON AS POSSIBLE.
THERE WAS ALSO DISCUSSION ABOUT THE PROCEDURES FOR POPULATING THE
COMMITTEES.
AND THERE WILL BE SOME MORE ONGOING.
BUT, BASICALLY, THE MESSAGE WILL BE, STICK TO THE PROCEDURES AND TRY TO DO
THIS WITH REASONABLE PROMPTNESS.
THE FINAL POINT THAT HAD BEEN PROPOSED FOR DISCUSSION FOR THE LAST WEEKS WAS
COMMITTEE REPORTS.
THESE ARE ALSO DESIRABLE BEFORE THE MEETINGS, LIKE THIS -- THE ONE I AM
PRESENTING NOW ON THE MORNING WE HAVE WITH COMMITTEE REPORTS, ONE WOULD WISH
-- WHAT WE FIND DESIRABLE IS TO HAVE A SIMILAR TIME LINE FOR BOARD
ANNOUNCEMENTS FOR -- FOR COMMITTEE WORK AS THE AGENDA WE'RE PROPOSING FOR
ADVANCE NOTICE OF THE -- OF THE BOARD.
WE FIND THAT THIS IS NOT REALLY ALWAYS POSSIBLE.
WE HAVE HAD SEVERAL INSTANCES, FOR EXAMPLE, THE MEETINGS COMMITTEE HAS HAD
SEVERAL INSTANCES WHERE IT'S ONLY ABLE TO PRODUCE A REPORT TO THE BOARD THE
SAME DAY IT MEETS.
AND THAT MAY EVEN BE THE SAME DAY THE BOARD IS ALREADY MEETING.
BUT THIS COMES TOGETHER WITH A CALL FOR MORE WORK TO BE DONE BY COMMITTEE AND
LESS BY THE COMMITTEE OF THE WHOLE AND THE BOARD, TRY TO PUBLISH -- WELL,
NEXT POINT IS THAT WE WILL TRY TO PUBLISH TO THE BOARD AT LEAST, AND, IF
POSSIBLE, AND RELEVANT, PUBLICLY, FOR WHAT ARE THE BOARD GOVERNANCE
COMMITTEE'S TASKS ITSELF.
THE COMMITTEE HAS TO DO CERTAIN THINGS IN ADVANCE OF THE ANNUAL MEETING, FOR
EXAMPLE, SOME OF THEM TWO MONTHS IN ADVANCE.
SO WE WILL TRY TO HAVE THE TIME LINE FOR THIS YEAR.
AGAIN, THERE WAS A DISCUSSION ON THE DESIRABILITY OF ASSIGNING SPECIFIC
TASKS, AND, IF NECESSARY, OTHER RESOURCES, FOR EACH OF THE COMMITTEES OF THE
BOARD.
THIS IS ALREADY DONE, IN FACT, IN MANY WAYS.
I MEAN, THE COMMITTEES GET A LOT OF SUPPORT.
BUT IT WILL BE DESIRABLE TO HAVE THIS ASSIGNED IN MAYBE MORE SPECIFIC AND
EXPLICIT WAYS.
THAT'S MY REPORT, SIR.
>>VINT CERF: THANK YOU VERY MUCH, ALEX.
I DON'T SEE QUESTIONS FROM THE COMMITTEE -- OR FROM THE BOARD.
SO LET'S MOVE ON NOW.
THE NEXT REPORT COMES FROM SUSAN CRAWFORD, WHO IS THE CHAIR OF THE
CONFLICT-OF-INTEREST COMMITTEE.
SUSAN.
>>SUSAN CRAWFORD: THANK YOU, VINT.
THE BOARD COMMITTEE ON CONFLICTS OF INTEREST MET ON THE 28TH OF MARCH HERE IN
WELLINGTON.
THE MEMBERS OF THE BOARD ARE -- OF THIS COMMITTEE ARE ON THE NEXT SLIDE.
WE WERE ALL PRESENT FOR THIS MEETING.
WHAT WE HAD DONE IN PREPARATION FOR THIS MEETING IS TO CALL FOR ALL OF THE
DIRECTORS AND LIAISONS TO FILL OUT A RATHER DETAILED FORM EXPLAINING THEIR
RELATIONSHIPS, AFFILIATIONS, AND WHAT BEARING ANY OF THOSE RELATIONSHIPS HAD
ON THE WORK THAT ICANN CARRIES OUT.
WE COLLECTED THAT INFORMATION.
AND DURING THE MEETING ON THE 28TH, WE WENT THROUGH ALL OF THOSE STATEMENTS
THAT HAD BEEN SUBMITTED BY THE DIRECTORS AND LIAISONS AND DISCUSSED THEM.
NEXT SLIDE, PLEASE.
WE DISCUSSED THE QUESTION WHETHER DIRECTORS WHO CHOOSE TO ABSTAIN FROM VOTING
DUE TO POTENTIAL CONFLICTS, AS REQUIRED BY OUR BYLAWS, SHOULD ALSO REFRAIN
FROM PARTICIPATING IN RELATED BOARD DISCUSSIONS.
THIS QUESTION HAS NOT, I SUGGEST, BY FINALLY RESOLVED.
THERE'S A DIVIDE OF VIEWS ON THIS QUESTION.
AND WE WILL CONTINUE TO DISCUSS IT.
WE TAKE VERY SERIOUSLY THE DIRECTORS' OBLIGATION NOT TO VOTE ON A MATTER IN
WHICH THEY HAVE MATERIAL PERSONAL FINANCIAL INTEREST.
AND THE COMMITTEE OF THE CONFLICTS OF INTEREST SERVES AS A SORT OF
NEIGHBORHOOD WATCH, LOOKING OUT VERY CAREFULLY FOR THOSE SORTS OF CONFLICTS
WHEN THEY ARISE AND BEING ABLE TO DISCUSS THEM WITH RELEVANT DIRECTORS.
AND I THINK IT'S FAIR TO SAY THAT ALL OF MY COLLEAGUES ON THE BOARD TAKE
THESE ISSUES EXTREMELY SERIOUSLY.
WE WERE ALSO BRIEFED BY THE GENERAL COUNSEL WITH REGARD TO HIS CONVERSATIONS
WITH THE SUPPORTING ORGANIZATIONS ABOUT GOING THROUGH A SIMILAR PROCESS.
AND WE ARE SUPPORTING HIM IN HIS EFFORTS TO DO THAT AND ALSO WILL BE
PERSONALLY AVAILABLE TO WORK THROUGH THIS SET OF QUESTIONS WITH SUPPORTING
ORGANIZATIONS.
WE THINK IT'S IMPORTANT THAT AS PART OF THE BACKGROUND OF THE RICH AND VARIED
DISCUSSIONS WE HAVE AT ICANN, THAT THE TAPESTRY OF AFFILIATIONS BE KNOWN TO
THE PEOPLE WHO ARE ENGAGING IN THOSE CONVERSATIONS.
THIS CONCLUDES MY REPORT.
THANK YOU.
>>VINT CERF: THANK YOU THANK YOU VERY MUCH, SUSAN.
I APPRECIATE THE BREVITY AND CLARITY OF YOUR REPORT.
THE NEXT REPORT COMES FROM THE FINANCE COMMITTEE.
HAGEN, I WONDER IF I COULD ASK YOU TO PRESENT THAT.
>>HAGEN HULTZSCH: READY FOR TAKEOFF.
FIRST OF ALL, APOLOGIZE, MY LITTLE RUSTY VOICE.
WE ARE REALLY SAVING MONEY AND WE ARE NOW SAVING THE WATER FOR THOSE BEING ON
THE BOARD.
THAT'S ONE RESULT OF GOOD FINANCIAL MANAGEMENT.
THE FINANCE COMMITTEE WAS MORE OR LESS CONTINUOUSLY ACTIVE SINCE THE LAST
REPORT IN VANCOUVER.
MYSELF BEING THE CHAIR, I WAS IN CONTINUOUS DIALOGUE WITH MELANIE KELLER, OUR
CFO.
AND THE OTHER MEMBERS WERE ALSO INFORMED, ESPECIALLY IN A CONFERENCE CALL
WHICH I WILL MENTION IN A FEW MINUTES.
THE MEMBERS OF THE FINANCE COMMITTEE ARE RAIMUNDO BECA, MOUHAMET DIOP,
MYSELF, JOICHI ITO, AND MIKE PALAGE.
WE MET FOR A TELEPHONE CONFERENCE ON MARCH 9TH WITH, LET'S SAY, A KIND OF
DENSE AGENDA, REVIEWING THE FINANCIAL STATEMENTS FOR THE SEVEN MONTHS HAVING
STARTED IN 1ST JULY LAST YEAR AND COMPARED REVENUES AND EXPENSES AGAINST WHAT
WE HAVE BUDGETED.
WE REVIEWED THE CASH FLOW AND ANALYZED IT AND MADE PROJECTIONS FOR THE WHOLE
FISCAL YEAR BASED ON THE NUMBERS IN THE FORECAST PROVIDED BY THE CFO.
WE REVIEWED THE PRELIMINARY REVENUE PLAN FOR FISCAL YEAR 2006/2007, AND ALSO
ANTICIPATED, LET'S SAY, SOURCES OF REVENUE, INCLUDING ALL THE CONSIDERATIONS
WE HAVE CURRENTLY GOING ON.
WE DISCUSSED THE OPERATING PLAN AND EXPENSE -- AND THE RELATED EXPENSE BUDGET
FOR THIS COMING FISCAL YEAR.
WE TALKED ABOUT THE -- WE TALKED ABOUT THE COMMUNITY CONSULTATION PLAN.
WE TALKED ABOUT THE STAFFING AND ORGANIZATIONAL STRUCTURE, AS THE CEO HAS
REPORTED ALREADY YESTERDAY.
AND WE ALSO TALKED ABOUT A DRAFT ON OPERATIONAL OBJECTIVES, WITH THE
PRELIMINARY DEFINITION OF MAJOR OBJECTIVES TO BE SEPARATELY BUDGETED.
YOU KNOW, THAT WAS ALWAYS A CONSIDERATION COMING FROM YOU TO US.
SEPARATELY BUDGETED AND MANAGED.
THIS IS A PART OF THE MANAGEMENT INITIATIVE WHICH WAS DISCUSSED AT THE
VANCOUVER MEETING.
WE ALSO HAD OBJECTIVES EXPLICITLY LINKED TO KEY ELEMENTS OF THE STRATEGIC
PLAN SO WE CAN BETTER UNDERSTAND WHERE AND WHY WE SPEND THE MONEY WHICH IS
COMING FROM OUR CONSTITUENCIES TO US.
AND WE IDENTIFIED THE, LET'S SAY, RESOURCE REQUIREMENTS RELATED TO THIS.
NEXT, PLEASE.
THE MEETING DURING THIS VENUE HERE IN WELLINGTON WAS ON TUESDAY.
WE REVIEWED THE CCTLD CONTRIBUTIONS AND THE STATUS OF THE DISCUSSIONS WITH
THE CCNSO THAT WAS ALSO PART OF THE SUBJECT OF THE MEETING OF THE BOARD WITH
CCNSO YESTERDAY.
WE REVIEWED AND IDENTIFIED THE RISKS AND REVENUE PLAN FOR THE FISCAL YEAR
2006/2007.
WE REVIEWED THE FINANCIAL STATEMENTS OF THE EIGHT MONTHS, ONE MONTH MORE
AGAINST THE OTHER MEETING OF EARLY MARCH, WITH COMPARISON OF REVENUES AND THE
EXPENSES AGAINST BUDGET.
AND AS USUAL, THERE ARE VARIATIONS.
WE DISCUSSED THE OPERATING PLAN AND EXPENSE BUDGET FOR THE FISCAL YEAR
2006/2007.
WE HAD A STATUS OF FEEDBACK TO DATE OF THE OPERATING PLAN THROUGH THE ONLINE
FORUM AND THE SCHEDULED CONSULTATIONS IN WELLINGTON.
WE AGAIN TALKED ABOUT STAFFING AND ORGANIZATIONAL STRUCTURE.
THAT IS A SENSITIVE ISSUE REGARDING FINANCES.
AND WE DISCUSSED THE TIMETABLE FOR POSTING A REVISED OPERATING PLAN, FOLLOWED
BY THE PROPOSED BUDGET ON OR POSSIBLY BEFORE 17 MAY, AS REQUIRED BY THE ICANN
BYLAWS.
NEXT.
THE SUMMARY IS, REGARDING EXPENSES, WE HAVE -- WE HAVE A RESPONSIBLE CASH
MANAGEMENT EMPLOYED BY THE ORGANIZATION TO MAINTAIN OR, LET'S SAY TO START TO
MAINTAIN ADEQUATE CASH RESERVES.
YOU REMEMBER THAT WE STRESSED THIS SITUATION, AND WE SHOULD FIND WAYS FOR
LONG TERM, WE SHOULD HAVE A REASONABLE CASH RESERVE.
THE ACTUAL EXPENDITURES BY THE END OF FEBRUARY, THAT WAS EIGHT MONTHS OF THE
12-MONTH YEAR, ARE UNDERRUNNING BY ABOUT 22%.
THE SAVINGS ARE BALANCED AMONG TRAVEL, PERSONNEL, AND ADMINISTRATION LINE
ITEMS.
ACTUALLY, HIRING SPENDING WAS UNDER PLAN, BECAUSE ON MANAGED AND
INTENTIONALLY, MANAGED DELAYS THROUGH DECEMBER UNTIL REVENUES WERE SECURED
FOR REGISTRAR BUDGET APPROVAL.
YOU REMEMBER WE HAD A KIND OF DELAY OF SIX MONTHS.
AND THAT'S WHY WE DECIDED TO DELAY THE HIRING, SO WE WOULD NOT POSSIBLY RUN
INTO A, LET'S SAY A CASH PROBLEM.
EXPENSES ARE ALWAYS BEING TAILORED TO MATCH THE REVENUES.
THAT'S A MAJOR RESPONSIBILITY OF EXECUTIVE MANAGEMENT, CAUSING THESE DELAYS
IN HIRING WHICH I JUST MENTIONED.
YOU SHOULD BE AWARE THAT 36% OF THE TOTAL EXPENSES IS RELATED TO HUMAN
RESOURCE, TO PERSONNEL.
NEXT, PLEASE.
KIND OF SUMMARY, REVENUE AND CASH FLOW.
THE REGISTRAR INVOICING COMPLETED FOR FIRST HALF OF FISCAL YEAR 2005/2006,
FOLLOWING THE APPROVAL OF BUDGETED REVENUES AFTER THE VANCOUVER MEETING IS
UNDERWAY AND HAS DONE WELL.
THE REGISTRAR APPLICATION AND ACCREDITATION FEES ARE OVERRUNNING THE
BUDGET.
APPLICATIONS AND RELATED REVENUES SHARPLY INCREASED IN JANUARY 2006.
FROM A REVENUE POINT OF VIEW, THAT'S GOOD.
WE HAVE TO SEE TO UNDERSTAND THE REASONS.
AND ICANN CONTINUES TO PURSUE THE -- LET'S SAY FURTHER DIVERSITY OF REVENUE
SOURCES BY TALKING ABOUT THE AGREEMENTS WITH THE RIRS, BY A POLICY FOR ICANN
FUNDING DEVELOPED BY THE CCNSO, AND BY THE FRAMEWORK OF ACCOUNTABILITY WITH
THE CCTLDS.
AND CERTAINLY THERE ARE OTHER, LET'S SAY, FUTURE PERSPECTIVES WHICH WE WILL
HAVE TO DISCUSS.
THANK YOU.
>>VINT CERF: THANK YOU VERY MUCH, HAGEN.
I DON'T SEE QUESTIONS, SO WE'LL GO ON.
THE NEXT REPORT COMES FROM THE MEETINGS COMMITTEE.
AND I'LL CALL ON MIKE PALAGE TO GIVE THAT REPORT.
>>MICHAEL PALAGE: THANK YOU, VINT.
THE FOLLOWING ARE THE MEMBERS OF -- ACTUALLY, WE HAVE THE ICANN BOARD FINANCE
COMMITTEE.
THERE YOU GO.
THAT'S WHAT HAPPENS WHEN I DON'T -- WHEN I DO THIS EARLY IN THE MORNING.
THIS IS ACTUALLY THE MEETINGS COMMITTEE, NOT THE FINANCE.
AND, HAGEN, I WILL GIVE YOU FULL COPYRIGHT.
THIS IS A DERIVATIVE WORK OF YOUR SLIDES.
ACTUALLY.
>>VINT CERF: ACTUALLY, THIS IS THE COMMITTEE THAT HELPS SPEND THE MONEY THAT
THE FINANCE COMMITTEE PRODUCES.
SO THERE'S A CONNECTION.
>>PETER DENGATE THRUSH: HAGEN, I KNOW A GOOD COPYRIGHT LAWYER IF....
>>MICHAEL PALAGE: OKAY.
ONE OF THE UNIQUE THINGS ABOUT THIS COMMITTEE IS, WE ACTUALLY HAVE ONE
REPRESENTATIVE FROM EACH OF THE ICANN REGIONS, WHICH MAKES SCHEDULING
TELECONFERENCES A LITTLE DIFFICULT.
AND ONE OF THE THINGS THAT WE'VE ACTUALLY BEEN ABLE TO DO SINCE OUR MEETING
IN VANCOUVER IS ACTUALLY ACHIEVE ALL OF OUR, IF YOU WILL, DISCUSSIONS,
DIALOGUES, VIA E-MAIL.
SO WE THINK THE USE OF ASYNCHRONOUS COMMUNICATIONS HAS ACTUALLY BEEN VERY
POSITIVE.
THE FOLLOWING ARE THE POINTS THAT WE'D LIKE TO CONVEY TO THE COMMUNITY
REGARDING OUR ACTIONS SINCE THE VANCOUVER MEETING.
FIRST, ICANN HAS SELECTED SAO PAULO, BRAZIL, FOR ITS ANNUAL MEETING,
SCHEDULED FROM DECEMBER 2ND THROUGH DECEMBER 8TH, 2006.
THE SECOND ACTION ITEM IS THAT THE ICANN BOARD WILL CONVENE A BOARD RETREAT
MAY 18TH THROUGH THE 20TH IN SANTA MONICA, CALIFORNIA.
THE THIRD ACTION ITEM, ICANN HAS TENTATIVELY SCHEDULED ITS FIRST QUARTER 2007
REGIONAL MEETING FOR MARCH 26TH THROUGH MARCH 30TH IN 2007.
THIS IS TO BE HELD IN EUROPE.
BECAUSE OF THE CLOSE PROXIMITY OF THE IETF MEETING, ICANN STAFF IS EVALUATING
THE OPTION OF POTENTIALLY SHIFTING THIS REGIONAL MEETING TO MINIMIZE THE
INCONVENIENCE OF PARTICIPANTS THAT WILL ATTEND BOTH THE IETF AND ICANN
MEETING.
AND A POINT TO PETER, YOU'LL NOTICE HOW FIRST QUARTER, AS OPPOSED TO
SPRING.
I'M NOT HEMISPHERICALLY CHALLENGED.
MOVING ALONG, STAFF, THE ICANN STAFF, HAS UNDERTAKEN A FOLLOW-UP VISIT TO THE
MARRAKESH VENUE AND IS WORKING VERY CLOSELY WITH THE HOST AND SPONSOR, AND
STEPS ARE IN PLACE TO ENSURE THAT THIS IS GOING TO BE A SUCCESSFUL
MEETING.
THE ICANN MEETINGS COMMITTEE IS ALSO DISCUSSING POTENTIAL 2008 MEETING
DATES.
IT IS THE INTENTION OF THE MEETINGS COMMITTEE TO HAVE BEFORE THE BOARD FOR
ACTION BY MAY 10TH, 2006, THOSE DATES THAT WILL BE SCHEDULED FOR THE 2008
CALENDAR YEAR.
THE FOLLOWING SLIDE, BYLAW METRICS, OR WHAT I CALL THE NJERI RIONGE
SLIDE.
WHAT THE MEETINGS COMMITTEE DID WAS WE WANTED TO LOOK AT THE BYLAWS AND SEE
HOW WE'RE MEASURING UP TO WHAT THE BYLAWS REQUIRE US TO DO.
ONE OF THE POSITIVES THAT WE'VE SEEN IS THAT THE ICANN SECRETARIAT HAS, IF
YOU WILL, BEEN VERY SUCCESSFUL IN POSTING ON THE ICANN WEB SITE ALL OF THE
MEETING DATES FOR THE 2006 CALENDAR YEAR, SO THAT THERE'S OPEN AND
TRANSPARENCY AS TO WHEN THE BOARD WILL BE MEETING.
THERE HAS BEEN PROMPT PUBLICATION OF THE BOARD'S AGENDA, IN ACCORDANCE WITH
ARTICLE III, SECTION 4.
THE ONLY EXCEPTION TO THIS HAS BEEN IN CONNECTION WITH THE REGIONAL MEETINGS,
WHERE THE AGENDA GENERALLY GETS POSTED ONE OR TWO DAYS BEFORE.
SO WE'RE SORT OF WORKING ON THAT.
THE -- A THIRD POINT HERE, AND THIS REALLY GOES TO SORT OF THE BOARD AS A
WHOLE, BUT WE'VE FALLEN A LITTLE SHORT IN THE POSTING OF THE MINUTES.
AGAIN, I BELIEVE ALEJANDRO HAD SPOKEN TO THIS ISSUE IN CONNECTION WITH HIS
REPORT.
AND IT'S SOMETHING THAT WE, THE BOARD, ARE LOOKING TO IMPROVE.
AS FAR AS ACTION ITEMS, THERE WERE TWO ACTION ITEMS THAT THE MEETINGS
COMMITTEE HAS TAKEN HERE DURING OUR MEETING IN WELLINGTON.
THE FIRST IS THAT WE'VE DIRECTED THE STAFF TO MOVE FORWARD WITH THE
PUBLICATION OF AN RFP FOR THE 2007 MEETING VENUES, AND WE'VE PROVIDED THE
FOLLOWING TIME LINE.
WE INTEND TO HAVE THIS RFP PUBLISHED BY MAY 1ST, WITH A DEADLINE OF JUNE 15TH
FOR THE RECEIVAL OF PROPOSALS.
STAFF WILL BE CIRCULATING THIS AMONG POTENTIAL PARTIES OF INTEREST, CCTLD
ADMINISTRATORS, PREVIOUS INDIVIDUALS WHO HAD SUBMITTED PROPOSALS TO THE
DIFFERENT CONSTITUENCIES.
SITE VISITS WILL BE CONDUCTED AMONG POTENTIAL APPLICANTS IMMEDIATELY
FOLLOWING THE MOROCCO, MARRAKESH, MEETING, WITH A DECISION TO BE MADE BY THE
BOARD AT ITS AUGUST 16TH, 2006 TELECONFERENCE IN CONNECTION WITH THE MARCH
AND JUNE 2000 [SIC] MEETINGS.
THE SECOND ACTION ITEM IS THAT THE MEETINGS COMMITTEE HAS APPROVED STAFF
PROPOSAL FOR THE CREATION OF A PROGRAMS COMMITTEE.
THIS WILL BE USED TO INCORPORATE STAKEHOLDER INPUT INTO INCREASING THE
FUNCTIONALITY AND EFFICIENCY OF ICANN'S MEETINGS.
EACH SUPPORTING ORGANIZATION WILL BE ASKED TO PROVIDE A REPRESENTATIVE OR
REPRESENTATIVES TO SERVE ON THIS COMMITTEE, WHICH WILL BE COORDINATED BY
DIANE SCHROEDER ON BEHALF OF THE ICANN STAFF.
IN THE PAST, THE MEETINGS COMMITTEE HAS TRIED DIFFERENT MECHANISMS --
SURVEYS, TALKING TO DIFFERENT PEOPLE, SOLICITING INPUT -- AND THIS IS SORT OF
OUR ATTEMPT TO BE MORE PROACTIVE TO MAKE THESE MEETINGS MORE PRODUCTIVE FOR
FIRST-TIME ATTENDEES AS WELL AS, IF YOU WILL, THE HARD-CORE ICANN
ATTENDEE.
AND JUST ONE FINAL NOTE.
ACTUALLY, AND THIS IS A PERSONAL NOTE OUT TO AMADEU ABRIL I ABRIL. AMADEU
PRIOR TO THIS MEETING HAD A PERFECT ATTENDANCE RECORD. 24 STRAIGHT ICANN
MEETINGS. THIS IS ACTUALLY HIS FIRST WHERE HE HASN'T ATTENDED, SO I JUST
WANTED TO NOTE THAT FOR THE RECORD.
THANK YOU.
>>VINT CERF: THANK YOU, MICHAEL.
WOULD I BE CORRECT IN ASSUMING THAT YOU HAVE AN UNBROKEN RECORD OF
ATTENDANCE?
>>MICHAEL PALAGE: NO. I MISSED THE VERY FIRST ONE, SINGAPORE, I MISSED ACCRA
BECAUSE I DIDN'T GET THE SHOTS IN TIME. AND THEN I WAS UNABLE TO MAKE THE
EMERGENCY AMSTERDAM MEETING DURING THE EVOLUTION REFORM. SO 22 OUT OF
25.
>>VINT CERF: NOT A BAD RECORD. THANK YOU VERY MUCH, MICHAEL.
I WANT TO ESPECIALLY ENDORSE THE PROGRAM COMMITTEE IDEA. AND I PARTICULARLY
HOPE THAT THE PEOPLE HERE IN THIS AUDITORIUM AND THOSE WHO ARE LISTENING AND
THOSE WHO ARE PART OF OUR GENERAL COMMUNITY WILL HAVE AN OPPORTUNITY TO MAKE
THEIR INPUTS ON THE NATURE OF LENGTH, DURATION, CONTENT, FORMAT OF OUR
MEETINGS.
MICHAEL, IS THERE GOING TO BE PLACE FOR SOME SORT OF PUBLIC INPUT TO THE
PROGRAMS COMMITTEE?
>>MICHAEL PALAGE: THAT'S, IF YOU WILL, TO BE DETERMINED.
AS I SAID, THE MEETINGS COMMITTEE HERE HAD SOME DISCUSSION. DIANE WILL BE
MOVING FORWARD WITH THE IMPLEMENTATION OF THAT SHORTLY FOLLOWING THIS
MEETING.
>>VINT CERF: OKAY. THANK YOU. I THINK IT'S PRETTY IMPORTANT, AND I'M SURE
YOU WOULD AGREE, TO HAVE THE PARTICIPANTS AT THE MEETING MAKE THEIR INPUTS AS
WELL.
OKAY. THANK YOU VERY MUCH, MICHAEL.
THE NEXT REPORT IS FROM THE RECONSIDERATION COMMITTEE. I'LL CALL UPON VANDA
SCARTEZINI TO MAKE THAT REPORT. VANDA.
>>VANDA SCARTEZINI: YEAH, THANK YOU, MR. CHAIRMAN. GOOD MORNING,
EVERYBODY.
WELL, I'M AFRAID THIS WILL TAKE MUCH MORE TIME THAN THE PREVIOUS REPORTS, BUT
I BELIEVE DUE TO THE IMPORTANCE OF THIS MATTER, IT'S WORTH THE TIME.
SO SINCE MY ENGLISH SOMETIMES SOUNDS AS NOT A LANGUAGE IN SOME WORDS, I WILL
HAVE THE HELP OF SOME SLIDES, AND YOU READ THE MINUTES.
SO THE FIRST ONE WAS WE HAVE RECEIVED TWO REQUESTS FOR RECONSIDERATION. AND
THIS IS OUR ANALYSIS.
ON 10 MARCH 2006, JONATHON NEVETT, VICE PRESIDENT AND CHIEF POLICY COUNSEL
FOR NETWORK SOLUTIONS, SUBMITTED ON BEHALF OF 19 REGISTRARS A JOINT REQUEST
THAT ICANN RECONSIDER ITS 28 FEBRUARY 2006 VOTE APPROVING THE VERISIGN
SETTLEMENT.
THIS CAN BE SEEN IN THE
ICANN.ORG/COMMITTEES/RECONSIDERATION/NETWORKSSOLUTIONSREQUEST.
ON 16 MARCH 2006, THE PARTIES SUBMITTED AN AMENDED RECONSIDERATION REQUEST,
ADDING 4 ADDITIONAL REGISTRAR PARTIES TO THE REQUEST.
SEE AGAIN IN .ICANN.ORG/COMMITTEES/RECONSIDERATION.
THE REQUEST SPECIFICALLY ASKS THAT THE BOARD STAY THE DECISION AND RE-VOTE
AFTER RECEIVING INPUT FROM THE DOJ, DEPARTMENT OF JUSTICE, AS WELL AS OTHER
EXPERTS ON COMPETITION AND SECURITY ISSUES.
THERE IS A LOT OF -- IN THIS WEB SITE, YOU CAN SEE ALL THE GROUNDS FOR
REQUEST FOR RECONSIDERATION. BUT I WOULD LIKE TO HIGHLIGHT ONE OF THOSE.
THAT'S MATERIAL INFORMATION CONCERNING THE POTENTIAL ADVERSE EFFECTS THAT THE
SETTLEMENT WOULD HAVE ON COMPETITION. ALSO, THE REQUEST PROVIDES NO SEARCH
MATERIAL INFORMATION FOR THE BOARD.
SO JUST PASSING THROUGH, THERE IS A LOT OF GROUNDS FOR RECONSIDERATION. AND
I GO, PASSING THROUGH, ANOTHER SLIDE. OKAY.
SO LET'S GO TO THE ANALYSIS OF THE GROUNDS.
SO FIRST, MOST OF THE INFORMATION THAT THE REQUEST REFERS TO WAS PRESENTED TO
AND DISCUSSED BY THE BOARD AT LENGTH PRIOR TO ITS 28 FEBRUARY 2006 VOTE.
ONE, THE BOARD SPENT CONSIDERABLE TIME DISCUSSING VERISIGN'S MARKET POSITION
AND THE RATIONALES OF FAVORING -- FAVOR OF AND IN OPPOSITION TO ICANN'S ROLE
AS A PRICE REGULATOR GENERALLY AND SPECIFICALLY WITH RESPECT TO VERISIGN,
INCLUDING WHETHER VERISIGN SHOULD HAVE THE ABILITY TO RAISE THE PRICE OF .COM
NAMES OR -- AND IN WHAT AMOUNT.
THE BOARD WAS INFORMED OF STAFF DISCUSSION WITH THE DEPARTMENT OF COMMERCE
AND DEPARTMENT OF JUSTICE REGARDING THE EARLY DRAFT OF THE REGISTRY
AGREEMENT.
THE BOARD DISCUSSED AT LENGTH THE RENEWAL PROVISION OF 2001 .COM AGREEMENT
AND COMPARED THEM TO THE RENEWAL PROVISIONS OF THE NEW AGREEMENT.
SECOND, AT LEAST SEVEN OF THE PARTIES JOINTLY SUBMITTING THE REQUEST PROVIDED
ESSENTIALLY THE SAME OR SIMILAR INFORMATION TO THE BOARD PRIOR TO THE BOARD'S
DECISION TO APPROVE THE VERISIGN AGREEMENT.
YOU CAN SEE THAT ON WWW.ICANN.ORG/CORRESPONDENCE/REGISTRARS-TO-CERF14FEBO6
PDF.
THIRD, THE REQUEST FAILS TO DEMONSTRATE, AND IT MUST UNDER THE BYLAWS, HOW
ANY OF THE INFORMATION NOT CONSIDERED BY THE BOARD MIGHT HAVE BEEN MATERIAL
TO ITS DECISION.
FOR EXAMPLE, THE REQUESTING PARTIES DO NOT, ONE, PROVIDE ANY ALLEGED KEY
FACTS ABOUT VERISIGN'S MARKET POSITION. REQUEST, PAGE 2.
TWO, PROVIDE AN ALLEGED MATERIAL INFORMATION CONCERNING THE POTENTIAL ADVERSE
EFFECTS THAT THE SETTLEMENT WOULD HAVE ON COMPETITION.
THIRD, STATE WHAT ECONOMIC THEORY THE REQUESTING PARTIES RELY ON TO SUPPORT
THEIR STATEMENT THAT "WELL-ESTABLISHED ECONOMIC THEORY PREDICTS THAT VERISIGN
WILL RAISE PRICE AS LONG AS THOSE PRICE INCREASES ARE PROFITABLE."
FOUR, STATE THAT WHAT INFORMATION THEY POSSESS TO SUPPORT THEIR CLAIM THAT
IT'S HIGHLY LIKELY THAT THE REGISTRANTS WOULD CONTINUE TO PAY SIGNIFICANTLY
HIGHER PRICES TO MAINTAIN THEIR .COM NAMES INSTEAD OF SWITCHING TO LESS
DESIRABLE TLDS.
AND FIVE, PURPORTED EMPIRICAL EVIDENCE THAT ACCURATELY REFLECTS MARKET
DYNAMICS.
AND FINALLY, AND FOR OUR GROUP, THE MOST IMPORTANTLY, THE REQUEST FAILS TO
DEMONSTRATE, AND IT MUST UNDER THE BYLAWS, WHY THE REQUESTING PARTIES COULD
NOT AND DID NOT BRING THIS INFORMATION TO THE BOARD'S ATTENTION PRIOR TO ITS
28 FEBRUARY APPROVAL OF THE SETTLEMENT.
TO THE CONTRARY, THE REQUESTING PARTIES HAD AMPLE OPPORTUNITY TO BRING THIS
INFORMATION TO THE BOARD'S ATTENTION, INCLUDING THE TWO PUBLIC NOTICE PERIODS
THAT THE BOARD ESTABLISHED FOR COMMENTS ON THE OCTOBER 2005 VERSION OF THE
PROPOSED AGREEMENT AND THE JANUARY 2006 VERSION OF THE SAME AGREEMENT.
THE ONLY INFORMATION THAT THE REQUESTING PARTIES STATES THEY COULD NOT
PROVIDE WAS THE VIEWS OF THE DEPARTMENT OF JUSTICE ON PRICING.
BUT THESE VIEWS, TO THE EXTENT AVAILABLE AND RELEVANT, WERE RECEIVED BY THE
BOARD AND THE ISSUES WERE, IN FACT, DISCUSSED AT LENGTH.
SO, TAKING IN ACCOUNT ALL THOSE STATED BELOW, ABOVE, OUR RECOMMENDATION FROM
THE COMMITTEE IS THE COMMITTEE CONCLUDES THAT THERE ARE NO GROUNDS TO PROCEED
AS EACH OF THE GROUNDS WAS EITHER, ONE, ALREADY CONSIDERED BY THE BOARD OR,
TWO, COULD HAVE BEEN BROUGHT TO THE BOARD'S ATTENTION PRIOR TO 28 FEBRUARY
2006 APPROVAL.
MOREOVER, THE REQUEST SHOULD BE DENIED FOR THE ADDITIONAL REASON THAT MUCH OF
THE REQUEST FAILS TO PROVIDE ANY INFORMATION AT ALL, LET ALONE DEMONSTRATE
HOW THE PURPORTED INFORMATION IS MATERIAL.
THE SECOND ONE -- THE SECOND RECOMMENDATION -- WHERE IS THE OTHER? I AM
WAITING FOR HELP WITH THE SLIDES.
SO I START TO READING.
BACKGROUND.
ON 17 OF MARCH 2006, DANNY YOUNGER, A .COM REGISTRANT, SUBMITTED A REQUEST
THAT ICANN RECONSIDER ITS 28 FEBRUARY 2006 VOTE APPROVING THE VERISIGN
SETTLEMENT. SEE THE RECONSIDERATION REQUEST IN
ICANN.ORG/COMMITTEES/RECONSIDERATION/YOUNGER-REQUEST-17MAR.
SPECIFICALLY, MR. YOUNGER ASKS THAT THE BOARD AWAIT A FORMAL RESPONSE FROM
THE GAC ON PUBLIC POLICY ISSUES RAISED BY THE ICANN-VERISIGN SETTLEMENT
AGREEMENT BEFORE PROCEEDING FURTHER.
ANALYSIS OF THE GROUNDS. SO WE HAVE ALSO A LOT OF THE SAME GROUNDS.
SO THE ANALYSIS OF THE GROUNDS, FIRST, THE REQUEST IS STATED POLICY CONCERNS
ARE NOT PROPER TOPICS FOR RECONSIDERATION UNDER ARTICLE IV, SECTION 2.2 OF
ICANN BYLAWS. AS STATED EARLIER, THE ONLY APPROPRIATE TOPIC OF
RECONSIDERATION OF AN ICANN BOARD ACTION OR INACTION IS WHETHER THE BOARD
FAILED TO CONSIDER MATERIAL INFORMATION IN REACHING ITS DECISION.
THE REQUEST'S STATED POLICY CONCERNS DO NOT PRESENT ANY MATERIAL INFORMATION,
AND THUS DO NOT MEET THIS STANDING REQUIREMENT.
SECOND, NEARLY ALL OF THE INFORMATION THAT IS PRESENTED BY THE REQUEST WAS
PRESENTED TO AND DISCUSSED BY THE BOARD AT LENGTH PRIOR TO ITS 28 FEBRUARY
2006 VOTE IN SETTLEMENT AGREEMENT.
IN PARTICULAR, THE BOARD HAS SPENT CONSIDERABLE TIME DISCUSSING PUBLIC
COMMENTS POSTED ON ICANN'S WEB SITE REGARDING THE ICANN-VERISIGN SETTLEMENT.
INDEED, A SUMMARY OF ALL COMMENTS WERE ANALYZED, POSTED ON ICANN'S WEB SITE,
AND DISTRIBUTED TO THE BOARD.
IT'S ALL IN OUR PAGE, TOPICS/VERISIGN SETTLEMENT COMMENTS SUMMARY.
THE BOARD WAS INFORMED OF AND CONSIDERED THE GNSO POLICY DISCUSSIONS, AS PART
OF THEIR DELIBERATIONS LEADING TO AND DURING THE 28 FEBRUARY 2006 VOTE.
THE BOARD WAS ALSO INFORMED OF AND CONSIDERED WRITTEN AND/OR VERBAL COMMENTS
FROM BOTH THE GNSO AND THE GAC REGARDING THE PROPOSED SETTLEMENT.
AGAIN, IT'S POSTED ON OUR ICANN.ORG/TOPICS/
VERISIGN-SETTLEMENT COMMENTS-SUMMARY 2006.
THIRD, WHILE THE REQUEST CLAIMS THAT THE BOARD FAILED TO CONSIDER, I QUOTE,
"FULLY DEVELOPED ADVICE OF EITHER THE GNSO OR THE GAC," THE REQUEST DOES NOT
DEMONSTRATE, AND IT MUST UNDER THE BYLAWS, HOW "FULLY DEVELOPED ADVICE" WOULD
MATERIALLY ADD TO OR DIFFER FROM THE STATEMENTS ALREADY EXPRESSED BY THE
GNSO, THE GAC, OR ANY OTHER STATEMENT BY THE ICANN COMMUNITY TO THE
BOARD.
AND FINALLY, AND MOST SIGNIFICANT, THE REQUEST FAILS TO EXPLAIN WHY MR.
YOUNGER, OR THE GAC OR THE GNSO, COULD NOT AND DID NOT BRING THE INFORMATION
TO THE BOARD'S ATTENTION PRIOR TO ITS 28 FEBRUARY VOTE.
TO THE CONTRARY, THE ICANN COMMUNITY HAD AMPLE OPPORTUNITY TO BRING ALL
INFORMATION TO THE BOARD'S ATTENTION, INCLUDING THE TWO PUBLIC NOTICE PERIODS
THAT THE BOARD ESTABLISHED FOR COMMENTS ON OCTOBER 2005 AND JANUARY 2006.
ADDITIONALLY, THERE WAS A PUBLIC FORUM DECEMBER 2005, ICANN MEETING IN
VANCOUVER, CANADA, DURING WHICH ICANN DISCUSSED THE PROPOSED SETTLEMENT WITH
THE ICANN COMMUNITY.
ICANN ALSO HELD SEPARATE CONVERSATIONS WITH SEVERAL OF ICANN'S ORGANIZATIONS,
COMMITTEES, CONSTITUENCIES, AND ADVISORY GROUPS.
AGAIN, IT'S ALL POSTED IN OUR WEB SITE.
THE FACT THAT THE GNSO, ALAC, CCNSO, AND THE VARIOUS CONSTITUENCY GROUPS EACH
PROVIDED WRITTEN COMMENTS ON THE SETTLEMENT, FAR IN ADVANCE OF THE 28
FEBRUARY 2006 VOTE, DEMONSTRATES THAT SUFFICIENT TIME EXISTED FOR ALL ICANN
COMMITTEES AND ORGANIZATION TO BE HEARD, AND THAT THE ICANN BOARD DID NOT ACT
IN HASTE IN APPROVING THE SETTLEMENT.
AGAIN, TOPICS/VERISIGN-SETTLEMENT IN OUR WEB SITE.
THE REQUEST'S POSITION THAT ICANN IS REQUIRED TO WAIT TO ACT ON THE PROPOSED
SETTLEMENT UNTIL THE GAC PROVIDES "FULLY DEVELOPED ADVICE" HAS NO FOUNDATION
IN THE BYLAWS.
INDEED, SUCH A READING OF THE BYLAWS WOULD ALLOW THE GAC TO THROTTLE, OR
PERMANENTLY STALL, ANY VOTE BY THE ICANN BOARD THAT INVOLVES PUBLIC POLICY
ISSUES BY ENCOURAGING GAC TO DELAY ANY RECOMMENDATION TO THE BOARD.
SO THE COMMITTEE RECOMMENDATION IS THE FOLLOWING.
FOR THE ABOVE REASON, THE RECONSIDERATION COMMITTEE RECOMMENDS THAT THE BOARD
TAKE NO ACTION ON RECONSIDERATION REQUEST RC 06-2. THE COMMITTEE CONCLUDES
THAT THERE ARE NO GROUNDS TO PROCEED, AS EACH OF THE GROUNDS IS EITHER, ONE,
NOT AN APPROPRIATE SUBJECT FOR RECONSIDERATION. TWO, ALREADY CONSIDERED BY
THE BOARD. THREE, COULD HAVE BEEN BROUGHT TO THE BOARD'S ATTENTION PRIOR TO
28 FEBRUARY 2006 APPROVAL.
MOREOVER, THE REQUEST FAILS TO DEMONSTRATE HOW THE GNSO OR THE GAC "FULLY
DEVELOPED ADVICE" WOULD MATERIALLY ADD TO THE VOLUMINOUS STATEMENTS ALREADY
EXPRESSED TO THE ICANN BOARD.
THANK YOU VERY MUCH.
>>VINT CERF: THANK YOU VERY MUCH, VANDA. I'M SURE THAT THAT WAS NOT AN EASY
MEETING OF THE RECONSIDERATION COMMITTEE.
I WANT TO -- YES, I SEE YOUR HAND UP, RAIMUNDO.
I WANT TO JUST MAKE AN OBSERVATION. PETER, I SEE YOUR HAND AS WELL.
I WON'T TRY TO GUESS ALL OF THE MOTIVATIONS THAT LED TO THOSE RECONSIDERATION
REQUESTS, BUT I WOULD LIKE TO OBSERVE THAT SOME OF THE CONCERN EXPRESSED IN
THEM MIGHT HAVE BEEN REDUCED OR MITIGATED BY SUBSTANTIALLY BETTER INFORMATION
COMING FROM THE BOARD ABOUT ITS RATIONALE FOR REACHING CONCLUSIONS WITH
REGARD TO THE VERISIGN.
[ APPLAUSE ]
>>VINT CERF: AND THAT -- THAT IN ADDITION TO ACCEPT- -- OR AT LEAST RECEIVING
THE ADVICE OF THE RECONSIDERATION COMMITTEE, THAT WE READ THESE
RECONSIDERATION REQUESTS AS AN INDICATION OF GREAT INTEREST IN BETTER
TRANSPARENCY AND PARTICULARLY, GENERALLY SPEAKING, BETTER COMMUNICATION
BETWEEN OURSELVES AND THE REST OF THE COMMUNITY WE SERVE.
SO EVEN IF THE BOARD ACCEPTS THESE RECOMMENDATIONS FROM THE RECONSIDERATION
COMMITTEE, I HOPE WE WILL ALSO TAKE TO HEART THE ORIGINS OF SOME OF THESE
CONCERNS. AND AS THE BOARD GOVERNANCE COMMITTEE HAS ALREADY REPORTED,
IMPROVEMENT IN OUR ABILITY TO REPORT ON OUR THINKING AND OUR ACTIONS WILL BE
WELL RECEIVED.
LET ME ASK RAIMUNDO, AND THEN PETER TO MAKE THEIR COMMENTS.
RAIMUNDO.
>>RAIMUNDO BECA: THANK YOU, VINT. I WOULD LIKE TO RECALL THAT THE -- I AM A
MEMBER OF THIS COMMITTEE, AND I DIDN'T VOTE IN FAVOR. I ABSTAINED IN THE
VOTE OF THIS RECONSIDERATION RESOLUTION.
I DIDN'T SPECIFY IN THE COMMITTEE THE REASONS WHY I WAS ABSTAINING, AND I
WON'T MAKE IT HERE EITHER. BUT I WOULD LIKE TO SAY IT WOULD BE INCONSISTENT
WITH WHAT I SAID IN MY STATEMENT DURING THE VOTE ON THE 28TH OF FEBRUARY
ABOUT THE ROLE OF THE DOC AND DOJ, WHICH I PERSONALLY DON'T KNOW EXACTLY,
WHICH WAS TO APPROVE ALL THE WORDS IN THIS RESOLUTION.
THANKS.
>>VINT CERF: THANK YOU VERY MUCH, RAIMUNDO.
PETER.
>>PETER DENGATE THRUSH: THANK YOU, VINT. JUST A PERSONAL COMMENT FIRST.
THERE'S SOME DELICIOUS IRONY THAT IN HAVING VOTED AGAINST THIS, AS MANY
OTHERS ON THE BOARD DID, HAVING VOTED AGAINST THIS PROPOSAL FOR THE VERY
REASONS THAT ARE OUTLINED IN THIS REQUEST, I THEN HAVE TO VOTE AGAINST A
RECONSIDERATION BECAUSE THIS WAS THE MATERIAL THAT WAS BEING CONSIDERED BY
THE BOARD, TO THE EXTENT THAT IT WAS PROPERLY DEFINED AND MADE AVAILABLE IN
ADVANCE.
I JUST WANT TO PICK UP A POINT THAT WAS MADE IN GROUND "A" OF THE NSI REQUEST
FOR RECONSIDERING, WHICH WAS A COMPLAINT THAT IS NOT POSSIBLE TO DETERMINE
FROM THE LACK OF PUBLICATION OF THE MINUTES.
AS FAR AS RECONSIDERATION COMMITTEE IS CONCERNED, OF COURSE THAT'S NOT A
GROUND FOR RECONSIDERATION. THE PRIMARY GROUND FOR RECONSIDERATION IS THAT
WE HAVEN'T RECEIVED INFORMATION THAT WE COULD HAVE GOT AND THAT, THROUGH NO
FAULT OF THE APPLICANT FOR RECONSIDERATION WE HAVEN'T RECEIVED. IT'S NOT A
GROUND FOR RECONSIDERATION THAT WE HAVEN'T TOLD YOU WHAT WE HAVE BEEN
THINKING ABOUT.
BUT AS THE MEETINGS COMMITTEE HAS REPORTED AND AS THE BGC, AS THE BOARD
GOVERNANCE COMMITTEE HAS REPORTED, SO, TOO, THE RECONSIDERATION COMMITTEE HAS
NOTED AND IS DISSATISFIED WITH THE ISSUE OF THE MINUTES.
WE DO ACCEPT THAT THERE IS AN OBLIGATION UNDER THE BYLAWS TO ACCOMPLISH THIS
SORT OF MATERIAL, UNDER THE GENERAL TRANSPARENCY OBLIGATION, AND OUR
COMMITTEE IS ALSO DETERMINED THAT MINUTES WILL PROMPTLY BE PUBLISHED.
>>VINT CERF: THANK YOU VERY MUCH, PETER.
AND THANK YOU AGAIN, VANDA, FOR THAT REPORT.
I DON'T SEE ANY OTHER COMMENTS, SO LET'S MOVE ON.
THE NEXT REPORT COMES FROM NJERI RIONGE, AND IT IS THE AUDIT COMMITTEE'S
REPORT. SO I WILL CALL ON NJERI TO REPORT THAT.
>>NJERI RIONGE: THANK YOU, CHAIRMAN.
I JUST WANT TO HIGHLIGHT THAT THERE ARE TWO NEW MEMBERS ON THE AUDIT
COMMITTEE DURING THIS PERIOD, AND THE TWO MEMBERS, TWO NEW MEMBERS ARE SUSAN
CRAWFORD AND PETER DENGATE THRUSH. THE REST OF THE MEMBERS REMAIN THE
SAME.
THE AUDIT COMMITTEE HAVE REVIEWED THE ACTION POINTS AND SUGGESTIONS OF THE
LAST MEETING HELD IN VANCOUVER, CANADA, AND FARTHER TO THE ACTION POINTS IN
OUR PREVIOUS MEETINGS. IN THIS WELLINGTON MEETING WE HAVE REVIEWED AND
UPDATED THE SCHEDULES OF THE DELIVERABLES WITH DEFINITE TIME LINES IN ORDER
TO MEET ICANN'S EXPECTATIONS SET WITHIN MANDATORY THE AUDIT COMMITTEE.
FIRSTLY, THERE'S THE WHOLE ISSUE OF THE INDEPENDENT AUDIT FOR THE FISCAL YEAR
2004 AND 2005 AND ITS DELAY.
AND THE AUDIT FIELD WORK WAS COMPLETED IN DECEMBER 2005 BY THE NEW AUDITORS,
MOSS ADAMS.
HOWEVER, THE WRAP-UP OF THE FINAL AUDIT REPORT HAVE BEEN DELAYED DUE TO THE
SCHEDULING OF CONFLICTS, AND THE INITIAL WINDOW FOR THE COMPLETION BY MOSS
ADAMS WAS DECEMBER 2005.
UNFORTUNATELY, DURING DECEMBER, THE PRIORITY FOR ICANN FINANCE STAFF WAS
RESOLUTION OF CASH FLOWS RELATED TO PROJECTS SUCH AS THE VERIFICATION OF
REGISTRARS AND REGISTRY INVOICING.
FOLLOWING THE DECEMBER WINDOW, TIME ALLOCATION BY MOSS ADAMS HAS BEEN
DIFFICULT GIVEN STAFF'S COMMITMENTS TO OTHER AUDIT ENGAGEMENTS AND RELATIVE
SIZE OF THE ICANN AUDIT. NOT TO MENTION THAT WE ALSO HAVE A CHANGE OF
MANAGER BECAUSE THERE IS A HAND-OVER PROCESS THAT ACTUALLY TOOK OVER BETWEEN
DIANE SCHROEDER AND MELANIE.
AND DURING THIS MEETING, WE ALSO HAVE THE -- THE AUDIT COMMITTEE HAVE HAD A
CONFERENCE CALL WITH MOSS ADAMS TO DISCUSS AUDIT DELAYS AND AGREE SPECIFIC
COURSES OF ACTION FOR COMPLETION OF THE 2004-2005 AUDIT, AND IDENTIFY
ANTICIPATED IMPROVEMENTS TO INCREASE THE TIME LINES AND EFFECTIVENESS OF THE
NEXT AUDIT ENGAGEMENT.
ALTHOUGH THE AUDIT HAS BEEN DELAYED, MOSS ADAMS INDICATED IN OUR TODAY'S
TELEPHONE CONVERSATION THAT THEY STILL ANTICIPATE A CLEAN OPINION.
TIMING FOR COMPLETION OF THE AUDIT REPORT HAS BEEN AGREED WITH MOSS ADAMS FOR
EARLY MAY 2006.
THE FINAL AUDIT REPORT WILL THEN BE CIRCULATED TO THE AUDIT COMMITTEE FOR
REVIEW AND SUBSEQUENT SUBMISSION TO THE ICANN BOARD.
WE HAVE ALSO COMMITTED AS A COMMITTEE THAT WE WILL FOLLOW THROUGH THE PROCESS
TO MAKE SURE THAT WE ACTUALLY ACHIEVE THE MAY 2006 DEADLINE.
IN REFERENCE TO THE INDEPENDENT FINANCIAL AUDIT FOR 2005-2006, THE AUDIT
COMMITTEE SUPPORTED THE RECOMMENDATION BY ICANN STAFF TO PROCEED WITH
ENGAGEMENT OF MOSS ADAMS TO PERFORM THE INDEPENDENT AUDIT FOR THE FISCAL
YEAR.
UPON CONCLUSION OF THE 2004-2005 AUDIT REPORT, MANAGEMENT WILL NEGOTIATE AN
AUDIT ENGAGEMENT LETTER AND PROFESSIONAL SERVICE AGREEMENT WITH MOSS
ADAMS.
A FACE-TO-FACE MEETING WILL BE HELD BETWEEN MOSS ADAMS AND THE AUDIT
COMMITTEE MEMBERS SCHEDULED FOR MAY 2006, AS MICHAEL ALLUDED THE BOARD WILL
ACTUALLY BE IN MARINA DEL REY FOR THE BOARD RETREAT. AND JUST BEFORE THE
COMMENCEMENT OF THE BOARD RETREAT, THE COMMITTEE WILL ACTUALLY HAVE A
FACE-TO-FACE MEETING WITH MOSS ADAMS.
AND WE HAVE AGREED THAT WE WILL ENSURE A TIMELY COMPLETION OF THE FISCAL YEAR
OF THE AUDIT 2005-2006 AUDIT.
ICANN STAFF HAS IMPLEMENTED SEVERAL IMPROVEMENTS, INCLUDING PROCESSES ALREADY
IN PLACE FOR THE REGULAR MONTHLY GENERAL ACCEPTED ACCOUNTING PRINCIPLES,
CLOSE WITH ALL APPROPRIATE SUPPORTING SCHEDULES, AND INTERIM AUDIT WORK AND
PLANNING TO BE COMPLETE BY MOSS ADAMS BY JUNE 2006 PRIOR TO COMMENCEMENT OF
THE YEAR FIELD WORK.
THE PBC, WHICH IS THE PREPARED BY CLIENT, LIST OF REQUIRED AUDIT SCHEDULES
REFINED AND TAILORED SPECIFICALLY TO ICANN FOLLOWING COMPLETION OF THE FIRST
YEAR'S FIELD WORK BY MOSS ADAMS, AND THEN ALL THE PBC REQUIREMENTS TO BE
COMPLETED PRIOR TO THE COMMENCEMENT OF THE AUDIT WORK IN AUGUST 2006.
AND AN INCREASED STAFFING PROPOSED TO ALLOW ADEQUATE DEDICATION TO FINANCE
PERSONNEL TO THE AUDIT TEAM WITHIN THE FIELD WORK COMMENCEMENT.
THERE ACTUALLY IS A CAPACITY ISSUE WITHIN THE FINANCING ENVIRONMENT WITHIN
ICANN IN TERMS OF RESOURCES, AND SO WE HOPE THAT THEY WILL HAVE INCREASED THE
PERSONNEL DURING THE PERIOD OF THIS AUDIT.
THE AUDIT TIMING SPECIFICALLY AGREED AND SCHEDULED WITH MOSS ADAMS TO ALLOW
FOR ENSURANCE OF FINAL AUDIT REPORT OCTOBER 31ST IN 2006 IN ACCORDANCE WITH
THE BYLAWS.
IN REFERENCE TO THE FINANCIAL -- THE NEXT -- YEAH. REFERENCE TO FINANCIAL
CONTROLS AND BANKING, THE NEW CFO HAS IMPLEMENTED SEVERAL ENHANCEMENTS TO
FINANCIAL CONTROLS IN THE AREAS OF ACCOUNTS PAYABLE, TRAVEL EXPENSES AND
REIMBURSEMENTS. MONTHLY CLOSE PROCEDURES, INVOICING, AND SEGREGATION OF
DUTIES WITHIN ADDITIONAL STAFFING AVAILABLE.
FURTHER IMPLEMENT IMPROVEMENTS IN FINANCIAL CONTROLS AND INTERNAL PROCESSES
CONTINUE, AND SUCH ENHANCEMENTS WILL BE DOCUMENTED IN THE FORM OF CHANGES TO
POLICIES AND PROCEDURES.
THE AUDIT COMMITTEE IS COMMITTED TO THE PROCESS AND THE COMPLETION OF THE
FINAL POLICIES WITHIN THIS ENVIRONMENT GOING FORWARD.
IN REFERENCE TO BANKING, ICANN STAFF HAS WORKED WITH THEIR CURRENT BANKING
PARTNER TO EFFECT SERVICE IMPROVEMENTS AND FEE REDUCTIONS, PARTICULARLY AS
THEY RELATE TO FOREIGN CURRENCY. PAYMENTS TO MORE FULLY SUPPORT ICANN'S
CONTINUED INTERNATIONALIZATION.
PROGRESS HAS BEEN ENCOURAGING AND THE CFO RECOMMENDS ICANN CAPITALIZE ON THIS
EXPANDING RELATIONSHIPS TO ENHANCE CASH MANAGEMENT ALTERNATIVES AND ENSURE
CONTINUED BANKING COOPERATION. AND WITH THIS VIEW, WE ARE NOT ACTUALLY
INTENDING TO CHANGE THE BANKERS AT THIS STAGE, ALTHOUGH THERE WAS A PROPOSAL
PREVIOUSLY TO LOOK AT OPPORTUNITIES TO CHANGE THE BANKER FROM AMERICAN
BANK.
IN CONCLUSION, THE AUDIT COMMITTEE IS COMMITTED TO MEETING THE ACTION PLANS
FOR THE COMING YEAR, 2006/2007, WHICH WE BELIEVE WILL OFFER ICANN BOARD AND
STAFF AND COMMUNITY AT LARGE THE PROPER SUPPORT AS PER THE ICANN BYLAWS.
THANK YOU.
>>VINT CERF: THANK YOU VERY MUCH, NJERI.
NOT SEEING QUESTIONS FROM THE BOARD.
SO, PAUL, ARE YOU PREPARED NOW TO OFFER THE PRESIDENT'S STRATEGIC REPORT,
WHICH WE WERE UNABLE TO GET TO YESTERDAY?
>>PAUL TWOMEY: SORRY, CHAIRMAN.
I SEEM TO BE -- IN A TRANSFER TO A MACINTOSH, I SEEM TO BE CONTINUALLY
CHALLENGED.
THANK YOU, CHAIRMAN.
TAKE THIS OPPORTUNITY TO GIVE THE BOARD AND COMMUNITY AN UPDATE ON THE
ESTABLISHMENT OF THE PRESIDENT'S STRATEGY COMMITTEE.
THE BOARD WILL RECALL THAT THERE WAS A RESOLUTION OF THE BOARD IN VANCOUVER
WHICH IT'S WORTH GOING THROUGH IN SOME DETAIL.
THE FIRST WHEREAS REINFORCES THE ICANN MISSION.
THE SECOND WHEREAS REINFORCES THE PRESIDENT AND THE BOARD, AND VERY
CAREFULLY, IT SAYS THAT, THE PRESIDENT AND THE BOARD, ARE COMMITTED TO THE
BOTTOM-UP STRATEGIC AND OPERATIONAL PLANNING, DRAWING ON THE INPUTS OF THE
SUPPORTING ORGANIZATIONS, ADVISORY COMMITTEES, AND MEMBERS OF THE ICANN
COMMUNITY.
AN IMPORTANT PROVISION FOR THIS, BECAUSE THERE'S NO INTENTION OR REALITY TO
UNDERMINE IN ANY WAY WHAT'S BEEN A VERY SUCCESSFULLY WORKED-THROUGH PROCESS
OVER THE LAST 12 MONTHS OR MORE TO HAVE A GOOD BOTTOM-UP PROCESS ON STRATEGIC
PLANNING.
BUT WHEREAS THE COMMUNITY WOULD ALSO BENEFIT FROM THE ADVICE OF A GROUP
RESPONSIBLE FOR MAKING OBSERVATIONS AND RECOMMENDATIONS CONCERNING STRATEGIC
ISSUES FACING ICANN, THESE OBSERVATIONS OR RECOMMENDATIONS WILL CONTRIBUTE TO
THAT STRATEGIC PLANNING PROCESS.
SO HAVING A GROUP WHO CAN ACTUALLY BE RESPONSIBLE FOR THINKING THROUGH
STRATEGIC ISSUES, AND, IMPORTANTLY, NOT NECESSARILY BEING -- BEING A MIX OF
PEOPLE WHO ARE BOTH REGULARLY INSIDE THE PROCESS, BUT ALSO SOME WHO ARE NOT,
BUT MORE OUTSIDE IN THE BROADER ASPECTS OF THE -- OF OUR ARENA.
THERE WAS A RESOLUTION THAT THE PRESIDENT IS CORRECTED TO APPOINT BY THE 28TH
OF FEBRUARY A PRESIDENT'S STRATEGIC COMMITTEE TO BE RESPONSIBLE FOR GIVING
ADVICE TO THE PRESIDENT AND THE BOARD ON STRATEGY ISSUES.
IF I CAN SHARE WITH YOU SOME SELECTION CONSIDERATIONS THAT HAVE BEEN UTILIZED
IN APPROACHING PEOPLE FOR SUCH A COMMITTEE.
AND IT IS A MIX OF A NUMBER OF THINGS.
IT IS A BROAD EXPERIENCE OF THE ICANN EXPERIENCE AND HISTORY.
SO THAT'S OBVIOUSLY AN IMPORTANT ONE OF THE CONSIDERATIONS FOR
MEMBERSHIP.
THE OTHER ONE IS AN UNDERSTANDING OF THE INTERNATIONAL ENVIRONMENT, INCLUDING
BUT NOT LIMITED TO THE ISSUES OF INTERNET GOVERNANCE.
THIRD IS STRONG COMMITMENT TO THE MULTISTAKEHOLDER MODEL.
AND THAT INCLUDES, OBVIOUSLY, GOOD UNDERSTANDINGS OF ISSUES FROM A
PERSPECTIVE OF CIVIL SOCIETY, THE TECHNICAL COMMUNITY, THE WHOLE
MULTISTAKEHOLDER APPROACH THAT WE HOLD SO DEAR.
BROAD EXPERIENCE IN BUSINESS, PARTICULARLY BUSINESS IN THE INTERNET SPACE, SO
THE TECHNOLOGY SPACE WHICH IS DRIVING ISSUES SURROUNDING THE EVOLUTION OF THE
ENVIRONMENT FOR THE DNS.
TECHNICAL UNDERSTANDING, AND INFLUENCE WITH KEY DECISION-MAKERS.
THE PROCESS OF APPROACHING PEOPLE TO BE PART OF THIS COMMITTEE HAS BEEN,
FIRST OF ALL, JUST, OBVIOUSLY, VERBAL DISCUSSION, THEN VERBAL AGREEMENT, AND
THEN WRITTEN AGREEMENT.
I NEED TO REPORT TO YOU THAT THAT PROCESS IS STILL UNDERWAY.
AND THAT I WILL BE -- GOING TO GO THROUGH ANNOUNCEMENT OF MEMBERSHIP.
BUT IT IS NOT COMPLETED.
THE MEMBERSHIP DOES NEED TO BE REASONABLE IN NUMBER.
SO THERE'S AN IMPORTANT THING HERE ABOUT BEING EFFECTIVE AS WELL AS HAVING A
BROAD RANGE.
BUT IT IS NOT LIMITED.
AND THE CHAIRS, IN DISCUSSING THE COMMITTEE, HAVE COME TO THE CONCLUSION THAT
IT'S IMPORTANT THAT WE ENGAGE KEY FIGURES IN THE COMMUNITY ON SPECIFIC TOPICS
WITHOUT NECESSARILY HAVING TO PUT THOSE KEY FIGURES ALWAYS INTO THE COMMITTEE
ITSELF.
FOR INSTANCE, IT WAS RAISED BY MEMBERS IN DISCUSSION THAT, FOR INSTANCE, THE
ROLE STEVE CROCKER PLAYS WITH THE SECURITY AND STABILITY COMMITTEE IS AN
INCREDIBLY IMPORTANT ONE.
WE'D WANT TO HAVE ACCESS TO A STEVE CROCKER IN DISCUSSION.
SO REINFORCEMENT OF THE ROLE OF KEY FIGURES IN THE COMMUNITY IN THE KEY -- IN
THE DISCUSSION WAS AN IMPORTANT PART.
SO TO GIVE YOU SOME IDEA OF THE MEMBERSHIP TO DATE, PETER DENGATE THRUSH IS A
CO-CHAIR.
THE FORMER SWEDISH PRIME MINISTER, CARL BILDT, HAS AGREED TO BE A
CO-CHAIR.
MYSELF, THE CHAIRMAN, IS AN EX OFFICIO MEMBER; ADAMA SAMASSEKOU, WHO WAS THE
CHAIR OF THE FIRST PREPARATORY COMMITTEE FOR THE WORLD SUMMIT ON THE
INFORMATION SOCIETY; AND JANIS KARKLINS, WHO WAS THE CHAIR OF THE SECOND
PREPARATORY COMMITTEE; THOMAS NILES, FROM -- DEPUTY CHAIR OF THE USCIB;
MARILYN CADE, KNOWN TO MANY OF US, HER BACKGROUND.
THERE ARE TWO SENIOR BUSINESS FIGURES, VERY SENIOR BUSINESS FIGURES IN THE
UNITED STATES WHO HAVE VERBALLY AGREED TO BE A MEMBER.
BUT AS OF TODAY, UNFORTUNATELY, I DON'T HAVE THE WRITTEN CONFIRMATION FROM
THEIR OFFICES, SO I CAN'T ACTUALLY GIVE YOU THEIR NAMES, HAVE AGREED TO BE ON
THE COMMITTEE TO DATE.
AS I SAID, WE DON'T EXPECT THIS TO BE AN -- THE FINAL MEMBERSHIP OF THE
COMMITTEE, BUT WE'RE ALSO WANTING TO BE SOMEWHAT CAREFUL ABOUT THE SCOPE OF
IT.
AND WE'RE ALSO -- SO YOU CAN EXPECT TO HEAR ABOUT MORE APPOINTMENTS.
BUT WE ALSO THINK IT'S IMPORTANT FOR THE COMMITTEE TO START ITS WORK FOR THE
FOLLOWING REASONS.
IDENTIFIED PRIORITIES TO DATE FROM CONVERSATIONS WITH THE COMMUNITY, WHICH
ACTUALLY LED UP TO THIS DISCUSSION IN VANCOUVER, IS THAT THE BOARD AND
COMMUNITY COULD VALUE THE ADVICE OF SUCH A GROUP ON ISSUES, FOR INSTANCE,
ABOUT THE ENVIRONMENT SURROUNDING THE CONCLUSION OF THE MOU WITH THE
DEPARTMENT OF COMMERCE.
AND THAT'S AN IMPORTANT STEP.
OBVIOUSLY, THIS IS IMPORTANT THIS YEAR.
BROADLY, INTERNET GOVERNANCE ISSUES.
AND, OF COURSE, THAT'S RELATED TO THE IGF.
AND I THINK VERY IMPORTANTLY COMING FROM THE VERY SENIOR BUSINESS PEOPLE THAT
WE'VE BEEN SPEAKING TO, NONGOVERNMENT -- DESCRIBED AS NONGOVERNMENT
PRIORITIES FOR THE INTERNET AND HOW THEY MAY IMPACT ON ICANN'S MISSION.
THEY EMPHASIZE, OF COURSE, THE BUSINESS TECHNICAL ASPECTS, WHERE'S THE
BUSINESS GOING IN THE INTERNET, AND THE IMPACT OF THAT.
BUT I THINK ALSO -- WHAT DOES IT MEAN ALSO FROM THEIR PERSPECTIVE, WHERE'S
THE CUSTOMER GOING, HOW WE WOULD SAY, I SUPPOSE, THE CONSUMER OR THE
USER.
AND SO I THINK I'VE TRIED TO SUMMARIZE THAT AS NONGOVERNMENT PRIORITIES THAT
HAVE SOME IMPACT, SOME UNDERSTANDING, IF YOU LIKE, FROM MORE BROADLY OUTSIDE
HOW THEY MAY INFLUENCE.
THE METHODOLOGIES OF THE COMMITTEE ARE VERY SIMILAR, I THINK, TO THE
METHODOLOGIES OF OTHER COMMITTEES WE HAVE, OR ADVISORY COMMITTEES WE
HAVE.
VERY OCCASIONAL FACE-TO-FACE MEETINGS.
THESE ARE ACTUALLY VERY, VERY BUSY PEOPLE, SO WE DO NOT EXPECT TO BE MEETING
FACE TO FACE VERY OFTEN AT ALL.
ONLINE WORKING.
REPORT COMMISSIONING, IF NECESSARY.
IF IT'S NECESSARY TO HAVE SOME REPORTING ON PARTICULAR TOPICS, THEN THAT WILL
BE DONE.
COMMUNITY PUBLIC FORUMS, SIMILARLY, IF NECESSARY, AND I SUPPOSE THE "IF
NECESSARY" IS A LITTLE HARSH THERE, BUT THE ABILITY TO HAVE MEETINGS LIKE
THIS, A PUBLIC FORUM WHERE PEOPLE WOULD TAKE INPUT, ASK QUESTIONS, BE ABLE TO
LISTEN TO INPUT.
AND PUBLIC PROVISION OF ADVICE, WHERE NECESSARY.
AND I SUPPOSE THIS IS SOMEWHAT VERY SIMILAR TO -- I SUPPOSE, TO THE SSAC
MODEL OF THE COMMITTEE MAKING A JUDGMENT WHEN IT THINKS IT NEEDS TO PROVIDE
SOME ADVICE TO THE COMMUNITY.
I WANTED TO REINFORCE THE PRIORITY OF ESTABLISHED PROCESSES.
THE COMMITTEE DOES NOT REPLACE THE BOTTOM-UP STRATEGIC AND OPERATIONAL
PLANNING PROCESS.
ITS OBSERVATIONS OR ADVICE CAN CONTRIBUTE TO THAT PROCESS.
AND ITS OBSERVATIONS OR ADVICE CAN CONTRIBUTE TO COMMUNITY AND BOARD
DISCUSSION OF ISSUES.
THIS IS NOT SOME SECRET STAR CHAMBER PROCESS AT ALL.
THIS IS A CHANCE TO TRY TO REINFORCE AND BRING SOME FOCUS ON SOME ISSUES TO
BRING INTO THE DISCUSSION IN THE COMMUNITY OF SOME OF THESE TOPICS.
I THINK THAT'S THE TOTAL PRESENTATION.
>>VINT CERF: OKAY.
THANK YOU VERY MUCH, PAUL.
ALL RIGHT.
NOW, I HAVE SEVERAL THINGS THAT I WANT TO DRAW TO YOUR ATTENTION BEFORE WE
OPEN UP FOR SOME QUESTIONS -- BEFORE WE OPEN UP FOR SOME QUESTIONS.
FIRST OF ALL, KEITH DAVIDSON ASKED ME TO MAKE AN ANNOUNCEMENT TO YOU.
AND I HAVE TO FIND HIS MESSAGE.
SO KINDLY.... APOLOGIES.
THERE'S SUCH A THING AS TOO MUCH E-MAIL.
HERE WE GO.
THIS IS FROM KEITH DAVIDSON, WHO IS ONE OF OUR HOSTS.
ALL OF THE DELEGATES ARE REMINDED THAT THEY RECEIVED A FEEDBACK FORM IN THEIR
DELEGATES PACK.
AND IT WOULD BE MOST USEFUL TO THE HOSTS IF THE FEEDBACK FORMS COULD BE
COMPLETED AND RETURNED TO THE HOSPITALITY DESK IN THE FOYER TODAY AND
TOMORROW.
SECOND, THE ICANN BAR WILL OPEN EARLY THIS AFTERNOON, AT 4:00 P.M.
[ APPLAUSE ]
>>VINT CERF: IT OCCURRED TO ME THAT THE BEST WAY TO GET THE FEEDBACK FORMS
WOULD BE TO OFFER A FREE BEER IN EXCHANGE FOR TURNING IN YOUR FEEDBACK
FORM.
THAT MIGHT LEAD TO BALLOT BOX STUFFING, HOWEVER.
SO MAYBE IT'S NOT SUCH A GOOD IDEA.
INTERNETNZ AND CATALYST WILL BE OFFERING SPECIAL ICANN -- A SPECIAL ICANN
COCKTAIL TODAY AT THE BAR, AND ADDITIONAL CATERING AND A DIFFERENT THEME WILL
APPLY, AND THE HOSTS URGE DELEGATES TO ENJOY A FINAL EVENING OF KIWI
HOSPITALITY.
SO THAT'S FOR TODAY.
AND THAT'S KEITH'S ANNOUNCEMENT.
SECOND, I HAVE RECEIVED SO FAR 32 ONLINE LETTERS WHICH I HAVE HERE PRINTED
OUT.
I ASSUME THAT YOU WOULD APPRECIATE IF I DID NOT TRY TO READ THESE ORALLY INTO
THE RECORD.
THEY WILL BE POSTED.
BUT, BASICALLY, THEY ARE A LETTER FROM EDWARD HASBROUCK, WHICH REPEATS MOST
OF HIS CONCERNS ABOUT DOT TRAVEL AND THE INDEPENDENT REVIEW PROCESS.
AND THE OTHER 31 OR SO LETTERS ARE LETTERS OF SUPPORT URGING THAT THE
INDEPENDENT REVIEW PROCESS BE UNDERTAKEN.
MR. HASBROUCK CONTINUES TO BE CONFUSED, I THINK, OR AT LEAST APPEARS NOT TO
BELIEVE THAT THE ICANN BOARD HAS, INDEED, DESIGNATED THE INTERNATIONAL CENTER
FOR DISPUTE RESOLUTION AS ITS INDEPENDENT REVIEW PROCESS OPERATOR.
ON 19 APRIL 2004, UNDER BOARD RESOLUTION 4.33, THE BOARD DID IN FACT NAME
ICRD ITS IRP OPERATOR.
SO IF MR. HASBROUCK IS CONCERNED THAT WE HAVEN'T OFFICIALLY DONE THAT,
THAT'S THE CITATION THAT SHOULD PUT THAT UNCERTAINTY TO REST.
FINALLY, WHAT I'D LIKE TO STRONGLY RECOMMEND IN RESPONSE TO MR. HASBROUCK'S
E-MAIL IS THAT HE DEAL DIRECTLY WITH THE INTERNATIONAL CENTER FOR DISPUTE
RESOLUTION.
THE METHOD FOR INITIATING AN INDEPENDENT REVIEW IS, IN FACT, TO DEAL WITH --
DIRECTLY WITH THE OPERATOR OF THE INDEPENDENT REVIEW PROCESS.
MY UNDERSTANDING IS THAT GENERAL COUNSEL HAS SUPPLIED TO MR. HASBROUCK
POINTERS TO THE ICRD.
BUT IF FOR SOME REASON THOSE AREN'T AVAILABLE TO HIM OR THEY'VE BEEN LOST,
I'M SURE THAT GENERAL COUNSEL CAN SUPPLY THAT AGAIN.
FINALLY, JUST AS A SIDE NOTE, IN ORDER TO IMPROVE THE ABILITY TO -- OF USERS
TO INITIATE AN INDEPENDENT REVIEW, THE STAFF IS WORKING WITH ICRD TO DEVELOP
A WEB FORM WHICH CAN BE USED TO PRESENT A REQUEST FOR AN INDEPENDENT
REVIEW.
THAT WEB FORM IS INTENDED TO HELP THE PARTY REQUESTING THE REQUEST --
REQUESTING THE REVIEW TO FILL IN ALL OF THE INFORMATION THAT THE ICRD
REQUIRES IN ORDER TO CONDUCT SUCH AN INDEPENDENT REVIEW.
SO THAT'S JUST TO LET YOU KNOW THAT THE MATERIAL THAT HAS BEEN RECEIVED
OVERNIGHT, AND PERHAPS ONE THIS MORNING, WILL BE POSTED IF IT HAS NOT ALREADY
BEEN POSTED, AND THAT IT IS ACKNOWLEDGED HERE IN THE RECORD.
BUT FOR LACK OF TIME, I'M NOT GOING TO READ EVERY SINGLE ONE OF THESE
ORALLY.
ALL RIGHT.
I THINK THAT THAT COVERS ALL OF THE INTERVENTIONS THAT I WANTED TO MAKE
BEFORE I OPENED UP FOR SPECIFIC QUESTIONS REGARDING THE REPORTS THAT HAVE
BEEN MADE SO FAR, THE GOVERNANCE COMMITTEE, CONFLICT OF INTEREST, FINANCE
MEETINGS, RECONSIDERATION, AND AUDIT, AND THE PRESIDENT'S REPORT ON STRATEGIC
PLANNING.
SO IF THERE ARE QUESTIONS FROM THE FLOOR, I'LL TAKE THEM NOW.
OR FROM THE BOARD, FOR THAT MATTER.
VITTORIO.
>>VITTORIO BERTOLA: IT IS ON.
YEAH, OKAY.
OKAY, I'M NOT SURE ABOUT THE QUESTION I WANT TO MAKE, BUT I GUESS I DID NOT
UNDERSTAND ANYTHING ABOUT THIS PRESIDENT'S STRATEGIC COMMITTEE.
SO WHAT'S THAT?
WHAT IS IT SUPPOSED TO DO?
I MEAN, WHAT IS IT?
WHERE DOES IT COME FROM?
DID IT COME FROM THE BOARD, WHAT IS IT INTENDED TO BE?
AND WHERE DOES IT FIT IN ICANN'S PROCESSES?
I MEAN, THERE'S NO MENTION OF IT IN THE BYLAWS OR ANYWHERE ELSE.
SO WHY IS IT A GOOD IDEA TO CREATE IT?
AND ESPECIALLY I WAS -- WELL, I'M QUITE HAPPY, BY THE WAY, THAT YOU ARE
INVOLVING (INAUDIBLE) WHO IS REALLY AN EXCEPTIONAL PERSON, SO I'M QUITE HAPPY
IF HE STARTS COMING TO THESE MEETINGS.
BUT APART FROM HIM AND JANIS, I WOULD SAY, ALL OF THE REST OF THEM ARE WHITE
MALE ANGLO-SAXON PEOPLE, AND SO I --
>>PETER DENGATE THRUSH: MARILYN CADE WILL BE DELIGHTED TO HEAR HERSELF
DESCRIBED --
>>VITTORIO BERTOLA: WE CAN DISCUSS MARILYN'S GENDER, BUT --
[ LAUGHTER ]
>>VITTORIO BERTOLA: SORRY.
BUT -- YEAH.
NO.
BUT I GUESS THE MESSAGE IS CLEAR.
I MEAN, WHY DO WE NEED THIS?
I MEAN, WHAT IS THIS FOR?
WHY DOESN'T IT INVOLVE PEOPLE FROM ALL THE STAKEHOLDERS, ALL THE GROUPS, ALL
COUNTRIES?
ESPECIALLY I AM AFRAID OF THIS SORT OF LACK OF DEFINITION OF ITS ROLE IN THE
PROCESS, BECAUSE, YOU KNOW, GROUPS THAT DON'T HAVE A ROLE CAN BASICALLY DO
EVERYTHING AND YOU WILL NEVER KNOW WHAT THEY ARE GOING TO DO.
>>VINT CERF: VITTORIO, I'D LIKE TO RESPOND.
I SUSPECT THAT PAUL MIGHT HAVE A COMMENT AS WELL.
IT SEEMS TO ME THAT THE STRATEGIC PROCESS -- STRATEGY PROCESS WANTS TO BE AS
BROADLY CONSULTATIVE AS POSSIBLE.
I'M NOT SURE I UNDERSTAND WHY YOU WOULD OBJECT TO ADDITIONAL CONSULTATION
FROM THESE PARTIES.
PAUL SURELY IS ABLE TO CONSULT WITH ALMOST ANYONE THAT HE THINKS IS HELPFUL
IN THE FORMULATION OF STRATEGIC PLANS.
AND, OF COURSE, WE HAVE A WHOLE PROCESS FOR SUPPORTING ORGANIZATION
INPUT.
SO ARE YOU SAYING THAT YOU OBJECT BECAUSE YOU THINK IT'S NOT NECESSARY FOR
HIM TO CONSULT FURTHER OR THAT HE SHOULDN'T HAVE THE FREEDOM TO ASK OTHER
PEOPLE TO MAKE INPUTS INTO THE STRATEGIC PLANNING?
I'M JUST PUZZLED -- AS PUZZLED AS YOU WERE ABOUT PAUL'S REPORT, I AM EQUALLY
PUZZLED BY WHATEVER RATIONALE LED YOU TO MAKE YOUR POINT.
>>VITTORIO BERTOLA: LET ME PUT IT THIS WAY: IF YOU DON'T ESTABLISH THIS KIND
OF COMMITTEE, THEN YOU IMAGINE THAT YOU CAN ASK EVERYONE IN THE
COMMUNITY.
BUT IF YOU DO, OF COURSE, YOU IMAGINE THAT THESE WILL BE THE PEOPLE LEADING
THIS SORT OF PROCESS.
SO NOW -- THEN YOU CAN SAY, OF COURSE WE WILL CONSULT EVERYONE ELSE AND
THAT.
BUT ONCE YOU ESTABLISH A FORMALLY EXISTING COMMITTEE FOR THAT, I MEAN,
EVERYONE STARTS TO THINK THAT THIS WILL BE LEADING THE EFFORT.
AND IF YOU ESTABLISH THIS COMMITTEE, I AM ASKING, WHY CAN'T IT BE DIVERSE, AS
ALL THE REST OF THE ICANN GROUPS AND COMMITTEES AND....
>>VINT CERF: WELL, I THINK PAUL PROBABLY WANTS TO RESPOND.
AND THEN MICHAEL.
WERE THERE OTHER HANDS UP?
PETER AS WELL.
OKAY.
SO LET'S TAKE PAUL, MICHAEL, AND PETER.
>>PETER DENGATE THRUSH: PERHAPS TO HELP US A LITTLE BIT, THIS HAS BEEN QUITE
SOME TIME COMING AND IT'S BEEN DISCUSSED ON A NUMBER OF OCCASIONS.
IT REALLY IS LARGELY AN OUTGROWTH OF THE FOCUS ON STRATEGIC PLANNING THAT
STARTED 18 MONTHS OR TWO YEARS AGO.
AND THE LACK OF AN ACTUAL STRUCTURE IN THE ORGANIZATION FOR THE STRATEGIC
PLANNING PROCESS.
SO I STARTED CALLING FOR A STRATEGIC PLANNING COMMITTEE OF THE BOARD TO
START, FIRST OF ALL, FOCUSING ON INSTALLING STRATEGIC PLANNING CONCEPTS AND
ALL OF THE INTERNAL PARTS OF THE ORGANIZATION, TO LEAD INTO AN ORGANIZATIONAL
OPERATIONAL PLAN, A BUSINESS PLAN, ET CETERA.
WE'VE SORT OF BEEN GOING THROUGH THAT AT THE SAME TIME AND BUILDING THE
OPERATIONAL PLAN, ET CETERA.
SO THAT -- WE ARE SORT OF SATISFIED THAT WE NOW HAVE A PROCESS THAT IS
LEADING TO THAT.
BUT THE OTHER ASPECT OF THAT, WHAT THIS COMMITTEE IS GOING TO FOCUS ON FIRST,
IS THE EXTERNAL ENVIRONMENTAL, OFTEN CALLED THE THREAT ANALYSIS, THAT YOU
NEED TO DO FOR THE ORGANIZATIONAL SECURITY.
AND I DON'T NEED TO TELL YOU THAT WE FACE A CONTINUATION OF THE WSIS
ENVIRONMENT, THE IGF, THE END OF THE MOU, OR WHATEVER IS GOING TO HAPPEN TO
THE MOU, THE IANA REBID.
SO WE NEED TO HAVE THIS FOCUS ON WHERE DOES ICANN SIT IN THE WORLD.
AND SO THAT'S REALLY WHAT THIS IS LARGELY DESIGNED TO DEAL WITH.
>>VINT CERF: WE HAVE COMPETING --
>>MICHAEL PALAGE: THANKS, VINT.
PERHAPS, BEING ON THE ALAC BOWLING TEAM LAST NIGHT, I CAN POSSIBLY RELATE
BETTER TO THESE CONCERNS.
I THINK IT'S -- IF YOU WILL, IT'S A CONCERN ABOUT THIS COMMITTEE ACTING AS A
SUBSTITUTE.
I THINK RIGHT NOW THERE'S A LOT OF SENSITIVITY IN THE COMMUNITY REGARDING THE
VERISIGN SETTLEMENT, THAT CERTAIN THINGS WERE NOT HEARD.
AND IF THIS COMMITTEE IS GOING TO BE A SUBSTITUTE AS OPPOSED TO ENHANCING IT,
THAT, I THINK, IS -- THAT'S THE CONCERN.
NOW, I AGREE WITH WHAT PETER SAID.
I THINK THAT THIS IS A GOOD THING.
AND TO USE THE PHRASE, "TRUST US," AT THIS PARTICULAR TIME IS PROBABLY
SOMETHING THAT IS A LITTLE DIFFICULT.
YES.
PETER, WHO, IF YOU WILL, HAS CHAMPIONED THIS PARTICULAR INITIATIVE, I THINK
IS HAS A GOOD IDEA.
AND ONE OF THE REASONS THAT WE TALKED ABOUT THIS IS WE WERE ORIGINALLY
LOOKING AT A BOARD COMMITTEE.
THE PROBLEM WITH BOARD COMMITTEES IS, ONLY PEOPLE ON THE BOARD CAN SERVE WITH
IT.
SO THE WHOLE IDEA OF THIS PRESIDENT'S COMMITTEE WAS TO PROVIDE SOMETHING OF,
IF YOU WILL, A LITTLE MORE INTERACTION.
I WILL TELL YOU, IT -- I DON'T VIEW THIS AS A SUBSTITUTE.
I VIEW THIS AS AN ADDITIONAL, IF YOU WILL, DATA POINT.
SO, AGAIN, I UNDERSTAND THAT WE'RE ASKING YOU TO TRUST US AND THAT RIGHT NOW
THERE ARE SOME PEOPLE THAT DON'T GIVE US A LOT OF, IF YOU WILL, CREDENCE IN
THAT BANK DEPARTMENT.
BUT, AGAIN, I THINK WHAT PETER IS SAYING IS THE TRUTH, AND THAT THIS IS
PROBABLY A GOOD THING.
>>VITTORIO BERTOLA: BUT EVEN IF IT IS A GOOD THING, THE MEMBERSHIP IS ANOTHER
ISSUE.
SO....
>>PAUL TWOMEY: PERHAPS, VINT, I CAN TALK TO THAT -- TALK SPECIFICALLY TO THE
MEMBERSHIP.
THERE'S TWO PARTS -- I WANT TO REINFORCE ALL THOSE THINGS THAT HAVE BEEN SAID
TO DATE.
AND I WANT TO REINFORCE THE NON- -- IT HAS BEEN SEEN BY THE BOARD AS BOTH A
-- ONE PART OF IT IS, AT LEAST THOSE MEMBERS WHO ARE MEMBERS OF THE BOARD, AS
A SUBGROUP OF THE BOARD WHO ARE PUSHING ON THE FORCES AROUND STRATEGIC
PLANNING.
BUT THE SECOND PART IS TO BE SURE WE HAVE SUPPLEMENTARY INPUTS IN THAT
PROCESS FROM PEOPLE WHO DO NOT ALWAYS ATTEND THE MEETINGS BUT WHO HAVE
INTERESTING PERSPECTIVES WE SHOULD BE HEARING AND WHO THEMSELVES HAVE
INTERESTING PERSPECTIVES.
IT'S AN ADDITIONAL SOURCE.
MANY OF THESE PEOPLE I HAVE SPOKEN TO DON'T HAVE REGULAR INTERACTION WITH
THIS ORGANIZATION, AND I HAVE TO TELL YOU, ARE NOT LIKELY TO COME TO THESE
MEETINGS.
THEY HAVE BEEN VERY CLEAR ABOUT THAT.
WE CERTAINLY HAVE ALREADY BEEN IN THE PROCESS OF TRYING TO GET THE RIGHT
BALANCE AND IDENTIFICATION OF PEOPLE WHO SHOULD ADDITIONALLY BE ON THAT.
AND WE'RE CERTAINLY INTERESTED TO HEAR THE PERSPECTIVES.
SO IF YOU'VE GOT -- I'M VERY CONSCIOUS OF THE VERY POINT YOU RAISE.
THESE MEMBERS ARE MOSTLY EUROPEAN.
IT'S EUROPEAN, NORTH AMERICAN, AND AFRICAN.
THERE WAS ACTUALLY A KEY SOUTH ASIAN FIGURE WHO SAID NO.
SO THERE HAS BEEN FURTHER -- THERE'S BEEN DISCUSSION ABOUT SOME EAST-ASIAN
FIGURES.
I TRIED TO MAKE A POINT ABOUT NONGOVERNMENT BECAUSE I WAS CONCERNED ABOUT
CIVIL SOCIETY TYPE OF THINGS.
BUT AT THE SAME TIME, THERE'S ALSO BEEN A CONCERN THAT WE DON'T JUST TRY TO
REPLICATE THE STRUCTURE OF ICANN INTO THE STRUCTURE OF A COMMITTEE.
BECAUSE IT COULD ACTUALLY HAVE THE VERY IMPACT THAT YOU'RE WORRIED ABOUT, IT
STARTS TO LOOK LIKE IT'S A REPLACEMENT OR SOME SORT OF ELITIST GROUP OF THE
SAME STRUCTURE.
SO WE'VE BEEN CONCERNED IN THE STRUCTURE TO TRY TO NOT BE SEEN TO BE
REPLACING ANYTHING OF THE EXISTING STRUCTURES IN ICANN BECAUSE WE DON'T WANT
TO DIMINISH THOSE, IF THAT CAN MAKE SOME SENSE.
AND I THINK WE SHOULD NOT -- IN NO WAY SHOULD THIS COMMITTEE BE ALLOWED TO BE
ANYTHING ELSE BUT AN INPUT TO THE MULTISTAKEHOLDER ORGANIZATIONS IN ICANN TO
CONSIDER THE, YOU KNOW, THEIR STRATEGIC THINKING.
>>VINT CERF: OKAY.
RAIMUNDO ALSO --
>>PAUL TWOMEY: I WOULD BE VERY INTERESTED IF YOU HAVE PARTICULAR NAMES OR
THOUGHTS, WE SHOULD CERTAINLY KEEP TALKING.
>>VINT CERF: WELL, I ASSUME THAT THIS COMMITTEE CAN BE EXPANDED.
THERE'S NOTHING RESTRICTING YOU FROM DOING THAT.
>>PAUL TWOMEY: I THINK THAT'S RIGHT.
I THINK WE DO NEED TO BE A LITTLE CAREFUL ABOUT -- WE CAN.
THAT'S BEEN -- AND THAT'S BEEN THE CASE FOR OTHER KEY COMMITTEES WE HAVE FOR
THE BOARD.
>>VINT CERF: RAIMUNDO HAD A COMMENT.
AND THEN MOUHAMET.
>>RAIMUNDO BECA: WELL, I DO SHARE SOME OF VITTORIO'S CONCERNS ABOUT THE
COMPOSITION OF THE COMMITTEE, AND I CAN TELL YOU THAT, PERSONALLY, I
VOLUNTEERED TO BE A MEMBER OF THIS COMMITTEE.
I DO HAVE A LARGE EXPERIENCE IN STRATEGIC PLANNING.
I WAS THE STRATEGIC PLANNING OFFICER OF A LARGE TELEPHONE COMPANY IN CHILE
AND IN SPAIN.
AND I DO REPRESENT A REGION WHICH IS NOT IN THE COMMITTEE.
AND I DO SPEAK ABSOLUTELY FLUENT IN TWO LANGUAGES WHICH ARE NOT REPRESENTED
THERE, FRENCH AND SPANISH.
AND OF ALL THE MEMBERS OF THIS BOARD, I AM THE ONLY ONE THAT HAS ATTENDED ALL
OF THE DISCUSSIONS OF THE STRATEGIC PLANNING IN ENGLISH, IN FRENCH, AND IN
SPANISH.
>>VINT CERF: OKAY.
THANK YOU, RAIMUNDO.
OF COURSE, AS A BOARD MEMBER, YOU SHOULD HAVE SUBSTANTIAL OPPORTUNITY TO
COMMENT ON ANY STRATEGIC PLANNING THAT IS DONE IN ANY CASE.
MOUHAMET.
>>MOUHAMET DIOP: THANK YOU, VINT.
I THINK THAT THE -- THE CONFUSION COMES A LITTLE BIT FROM THE FACT THAT THE
STRAT PLAN IS A PROCESS THAT WE HAVE DESCRIBED FOR THE INTERNAL PROCESS AND
THE EXTERNAL PROCESS.
AND I THINK THAT THE CEO OF ICANN HAS SOME ROOM TO DECIDE IF HE NEEDS -- I
MEAN, IN ORDER TO EXERCISE BETTER THE OBJECTIVE AND THE GOALS THAT THE
ORGANIZATION HAS STATED FOR HIM, TO CREATE AS MANY PRESIDENTIAL COMMITTEES AS
HE WANTS.
SO I THINK THAT WE NEED TO DEFINE THAT THE OBJECTIVE OF THIS COMMITTEE IS
MORE DEDICATED TO A POSITIONING OF ICANN AS AN INTERNATIONAL ORGANIZATION
THAT REALLY -- THE ASPECT OF THE STRAT PLAN THAT IS INTERNAL EFFORTS.
BECAUSE TO COME BACK TO THE DISCUSSION WE HAD YESTERDAY ABOUT THE BOARD
GOVERNANCE AND ALL THIS STUFF, I THINK THAT WE'RE LACKING TO GET -- WHENEVER
WE HEARD AND WE SEE THAT THERE WAS SOME CRISIS, THAT TO HAVE SOME OTHER
COMMITTEE, LIKE IT MIGHT BE A PRESIDENTIAL COMMITTEE.
WE SEE THAT WHAT WE HEARD FROM THE COMMUNITY AND WHEN WE LOOK AT THAT, IT'S
JUST LIKE A WHOLE -- MANY CONSTITUENCIES LOOK A LITTLE BIT UNHAPPY WITH WHAT
YOU ARE FEELING.
I THINK THERE IS A PROCESS THAT CAN BE SET UP BY THE PRESIDENT, THE CEO OF
ICANN, TO SEE, OKAY, THIS IS AN INTERNAL PROCESS.
WE WANT TO KNOW, IN THAT ENVIRONMENT, WHAT CAN WE DO IN ORDER TO -- I MEAN,
TO HAVE AN INTERNAL STRATEGIC PROCESS TO BETTER THE ORGANIZATION.
AND THIS IS NOT THE SAME THING THAT WHEN WE -- WHEN WE TARGET AN OBJECTIVE
OF, WE WANT ICANN TO BECOME INTERNATIONAL ORGANIZATION, AND WE SEE PEOPLE WHO
HAVE A VERY STRONG EXPERIENCE IN INTERNATIONAL ORGANIZATION.
AND IF YOU LOOK AT THE COMPOSITION OF THIS GROUP, IT'S MUCH MORE PEOPLE THAT
HAVE A STRONG KNOWLEDGE AND A STRONG PARTICIPATION AT THE INTERNATIONAL
LEVEL.
SO I THINK THAT WE NEED TO BE CLEAR REGARDING EACH COMMITTEE WE'RE SETTING UP
WHAT IS THE OBJECTIVE WE WANT TO ACHIEVE THROUGH THAT COMMITTEE.
AND IT WILL BE EASIER FOR US TO ACCEPT THE MANDATE THAT WE GIVE THAT
GROUP.
AND AT THE SAME TIME, COME BACK AND LOOK AT, INTERNALLY, IF THERE'S ANY SAME
STRAT PLAN, OF COURSE, THAT WE CAN HAVE AND GET ALL THE CONSTITUENCIES BEING
INVOLVED TO SEE HOW WE CAN BETTER THESE THINGS.
THANKS.
>>VINT CERF: OKAY.
I SEE WE HAVE QUITE A FEW PEOPLE LINED UP.
CAN I GET A GENERAL SENSE FOR HOW MANY PEOPLE ARE LINING UP TO SPEAK?
>>ELLIOT NOSS: IT LOOKS LIKE THREE, VINT.
>>VINT CERF: IS IT THREE?
OKAY.
I'M COUNTING MORE THAN THREE, BUT YOU'RE SAYING SOME OF THEM ARE NOT IN
LINE?
>>ELLIOT NOSS: I ONLY SEE THREE.
>>VINT CERF: ELLIOT, GO AHEAD.
>>ELLIOT NOSS: TWO COMMENTS.
ONE FIRST ON THE PRESIDENT'S REPORT AND THE COMMITTEE.
AND THE SECOND ON RECONSIDERATION.
I WILL SAY THAT AS I WAS SITTING AND WATCHING THAT COMMITTEE AND ITS
INDIVIDUAL MEMBERS, I WAS REALLY STRUCK AND SCARED, FRANKLY, IN RELATION TO
SOME OF MY COMMENTS YESTERDAY THAT THIS LOOKED LIKE, TO ME, MORE OF A
GOVERNMENT RELATIONS COMMITTEE.
AND I WILL SAY I WAS VERY HEARTENED BY PETER'S COMMENTS TO FIRST GROUND IT,
AND THEN MOUHAMET'S, WHICH I THOUGHT DID A GREAT JOB OF PUTTING, POTENTIALLY,
THE ROLE OF THIS COMMITTEE IN PERSPECTIVE.
I WOULD REALLY URGE THAT -- THAT THAT CLEAR SETTING OF OBJECTIVES BE DONE.
AND TWO OTHER NOTES THERE, AND I THINK THAT THAT IS A GOOD EXERCISE, BUT I
WOULD REALLY -- AND MOUHAMET, I BELIEVE YOU SAID, AND I REALLY WANT TO BE IN
DEFERENCE TO THIS, I BELIEVE YOU SAID IN THE REGISTRARS' MEETING LAST WEEK
THAT ENGLISH WAS YOUR FOURTH OR FIFTH LANGUAGE.
FOR ME IT'S VERY IMPORTANT THAT WE USE THE WORD GLOBAL, NOT INTERNATIONAL,
WHEN TALKING ABOUT ICANN'S ROLE. I THINK IF WE USE THE WORD "INTERNATIONAL,"
WE CHANGE THE WHOLE SCOPE OF THE DISCUSSION AND DEBATE INTO SOMETHING VERY
DIFFERENT.
BUT I'D REALLY URGE YOU TO FOCUS -- EITHER FOCUS THE OBJECTIVES AND THE ROLE
OF THIS COMMITTEE OR TO REALLY LOOK AT BROADENING ITS PARTICIPATION IN SOME
OTHER WAY.
BUT WITH THAT FOCUS, I THINK THAT'S COMPLETELY APPROPRIATE.
SORRY, BY ALL MEANS BECAUSE I WANT TO MOVE TO A COMPLETELY SEPARATE TOPIC.
SO IF THERE ARE ANY COMMENTS ON THAT....
>>VINT CERF: NO. GO RIGHT AHEAD.
>>ELLIOT NOSS: WHEN I WAS COMING TO WELLINGTON, I PROMISED MYSELF THAT I
WASN'T GOING TO SPEAK ABOUT THE VERISIGN SETTLEMENT, AND I REALLY LIKE TO, IN
AN ICANN CONTEXT, I THINK ONE OF THE GREAT DISCIPLINES THAT I HAVE TO IMPOSE
ON MYSELF IS TO NOT LOOK AT THE PAST BUT TO LOOK AT THE FUTURE.
THAT RECONSIDERATION REPORT REALLY, THOUGH, CALLED OUT AN ITEM THAT I FEEL
THAT I HAVE TO PUT ON THE TABLE HERE.
SPECIFICALLY, THERE WAS MUCH REFERENCE GIVEN TO THE FACT THAT THE
RECONSIDERATION REQUEST DID NOT CONTAIN A NUMBER OF SPECIFIC HEADS OF
ECONOMIC DATA.
AS SOMEBODY WHO WAS VERY INVOLVED IN THE REGISTRARS' DISCUSSION AROUND THAT,
I FOUND THAT INCREDIBLY FRUSTRATING. AND I WANT TO BE VERY SPECIFIC
HERE.
FIRST, I WANT TO THANK THE FOLK WHO DID ALL THE HARD WORK ON THAT
RECONSIDERATION REQUEST, OF WHICH I WASN'T ONE, ALTHOUGH I SUPPORTED IT AND
ALL OF THAT. I WANT TO THANK THEM FOR THAT HARD WORK. I WANT TO BE VERY
CLEAR ABOUT SOMETHING, THOUGH.
WHEN IT CAME TO THAT ECONOMIC DATA, THERE WAS A LOT OF DISCUSSION PUT IN BY
US AS TO WHETHER WE WANTED TO RETAIN AN ECONOMIST AT GREAT EXPENSE, AND TO
HAVE ALL OF THOSE ISSUES SPOKEN TO. AND EVERYONE WHO PARTICIPATED IN THOSE
DISCUSSIONS WAS QUITE COMFORTABLE TO WRITE THE CHECK.
AT THAT POINT, THOUGH, I WAS SOMEBODY WHO OPPOSED THAT, AND I OPPOSED IT FOR
A VERY SPECIFIC REASON.
IT WOULD BE IMPOSSIBLE TO RETAIN AN ECONOMIST TO DO THAT WITHOUT HAVING THE
ASSUMPTIONS AND THE WORK DONE TO JUSTIFY THE PRICE INCREASE IN THE FIRST
PLACE.
WE DON'T KNOW VERISIGN'S BUSINESS. WE DON'T KNOW WHAT ASSUMPTIONS WERE
TABLED, EITHER BY STAFF OR BY VERISIGN, IN SUPPORT OF THIS.
WE WERE NOT PRIVY, AND STILL ARE NOT, TO THE DISCUSSIONS WITH DOJ OR DOC IN
THAT REGARD.
SPECIFICALLY, I ASKED STAFF ON A PUBLIC PHONE CALL IF WE COULD HAVE ACCESS TO
WHAT MATERIALS WERE PREPARED, AND THAT WE NEEDED THAT IN ORDER TO BE ABLE TO
PROVIDE EXACTLY THE TYPE OF RESPONSE THAT YOU ARE TALKING ABOUT.
NOT ONLY WOULD THOSE MATERIALS NOT BE PROVIDED. STAFF WOULD NOT EVEN
ACKNOWLEDGE WHETHER MATERIALS WERE EVER PREPARED. YOU KNOW, IT WAS AS IF I
WAS TALKING ABOUT SOME GREAT STATE SECRET.
SO THERE'S ONE OF TWO THINGS THERE. EITHER THERE WERE MATERIALS AND THEY
WEREN'T MADE AVAILABLE TO US, IN WHICH CASE WE COULDN'T POSSIBLY RESPOND TO
THOSE ISSUES APPROPRIATELY FOR THE PURPOSES OF A RECONSIDERATION REQUEST, OR
THERE WEREN'T MATERIALS. AND IF NOT, WHY NOT?
AND AT THAT POINT -- IT'S THAT REVERSING OF THE PRESUMPTION THAT IS SO
INCREDIBLY FRUSTRATING THERE.
FOR ME, WE HAVE HAD A LOT OF DISCUSSION ABOUT BOARD AND STAFF TRANSPARENCY AS
IT RELATES IN GENERAL TO ICANN'S CONDUCT.
THIS IS JUST A PERFECT EXAMPLE, TO ME, OF THE TYPE OF ITEM THAT, AS A MEMBER
OF THE COMMUNITY, IT MAKES IT SO DIFFICULT AND SO CHALLENGING TO NOT FEEL
ANYTHING BUT INCREDIBLY FRUSTRATED.
THANK YOU.
>>VINT CERF: THANK YOU, ELLIOT. AS ALWAYS, YOUR ELOQUENCE IS IMPRESSIVE.
I'M SORRY YOU ARE SO FRUSTRATED.
IT LOOKS LIKE YOU AND I BOTH DIDN'T COUNT VERY WELL, THOUGH, BECAUSE IT LOOKS
LIKE THERE'S MORE THAN THREE PEOPLE.
>>ELLIOT NOSS: HE CAME AFTER I COUNTED.
>>VINT CERF: HE DOESN'T COUNT, YOU SAY?
[ LAUGHTER ]
>>PETER DENGATE THRUSH: VINT, PETER HERE, CAN I RESPOND TO THIS?
>>VINT CERF: YES GO AHEAD.
>>PETER DENGATE THRUSH: I AM CONCERNED THAT THIS SUGGEST SHOULD HAVE BEEN
MADE THROUGH THE RECONSIDERATION COMMITTEE. THAT IS SHUTTING THE DOOR AFTER
THE HORSE IS LONG GONE. REALLY THAT SORT OF INFORMATION WOULD HAVE BEEN
HELPFUL IN THE VANCOUVER MEETING OR SOMETHING EARLIER IN THE PROCESS. ONCE
IT'S LATE --
>>ELLIOT NOSS: TO BE CLEAR, PETER, THIS WAS DURING THE PUBLIC COMMENT PERIOD
WHEN IT WOULD HAVE BEEN COMPLETELY APPROPRIATE TO PROVIDE THAT
INFORMATION.
SO IT WAS DURING THAT PERIOD AND DURING THOSE DISCUSSIONS THAT WE WERE NOT
GIVEN ACCESS TO THAT. AND I SAID AT THAT POINT, LOOK, I'M NOT GOING TO SPEND
MONEY ON AN ECONOMIST'S REPORT WHERE WE ARE GOING TO HAVE TO MAKE A BUNCH OF
ASSUMPTIONS ABOUT THINGS THAT WE HAVE NO IDEA ABOUT OR THINGS THAT WE CAN'T
POSSIBLY UNDERSTAND THE BASIS FOR.
WE COULDN'T UNDERSTAND. WE WEREN'T MADE -- WE WEREN'T PUT IN A POSITION TO
BE ABLE TO UNDERSTAND THE ANALYSIS THAT WENT INTO JUSTIFYING THE PRICE
INCREASE.
SO IT WAS WELL WITHIN TIME AND THERE'S NO OTHER PLACE FOR US TO MAKE THE
REQUEST. I MEAN, I'M NOT GOING TO CALL YOU AT HOME AND ASK YOU FOR THAT
INFORMATION, PETER. WE DEALT WITH STAFF ON THAT, VERY SPECIFICALLY ON A
PUBLIC CALL. PAUL WASN'T ON THE CALL BUT JOHN JEFFREY AND KURT PRITZ WERE.
I REQUESTED IT AND REQUESTED IT REPEATEDLY.
AND I STATED THE PURPOSE OF THE REQUEST. AND AGAIN, TO BE CLEAR, I WAS NOT
ONLY -- NOT ONLY WAS THE INFORMATION NOT PROVIDED. THEY WOULDN'T EVEN
ACKNOWLEDGE WHETHER INFORMATION HAD BEEN GATHERED.
IT WAS AS -- YOU KNOW, IT WAS ONE OF THOSE OBTUSE, OPAQUE ORWELLIAN SORT OF
EXCHANGES THAT CAN'T LEAVE ANYBODY ON THE OTHER SIDE OF IT FEELING ANYTHING
OTHER THAN EXTREMELY FRUSTRATED AND HELPLESS.
[ APPLAUSE ]
>>VINT CERF: SO NOW I'M -- NO, NO, ELLIOT, I WASN'T TRYING TO GET YOU BACK.
UNLESS YOU ARE QUEUING UP AGAIN.
HOW MANY PEOPLE ARE NOW QUEUED UP? BECAUSE EVERY TIME I ASK, YOU ARE
SELF-REPRODUCING OUT THERE AS FAR AS I CAN TELL.
>> WE RAISED OUR HAND BEFORE.
>>ROB HALL: LAST TIME YOU ASKED, VINT, PEOPLE SEATED RAISED THEIR HANDS.
>>VINT CERF: HOW MANY PEOPLE ARE QUEUED UP? ONE, TWO, THREE, FOUR. IS THAT
IT? FIVE, SIX?
>>ROB HALL: THERE'S AT LEAST FOUR, FIVE IN THE AUDIENCE.
>>VINT CERF: I CAN'T TELL THE DIFFERENCE BETWEEN PEOPLE HOLDING UP THEIR
HANDS AND THE PEOPLE HOLDING UP THEIR HANDS TO COUNT THE OTHER PEOPLE HOLDING
UP THEIR HANDS.
>> MAYBE WE SHOULD ALL TO THE MIKE.
>> MANY.
>>VINT CERF: THAT'S NOT GOOD EITHER.
WE HAVE A SCHEDULE THAT I AM TRYING, ANYWAY, TO HELP GET THROUGH BECAUSE
THERE ARE OTHER REPORTS TO GET DONE. SO I AM TRYING TO GET A SENSE FOR HOW
MUCH TIME THIS IS LIKELY TO TAKE.
I AM COUNTING FIVE PEOPLE RIGHT NOW. IS THAT A CORRECT COUNT?
>> I THINK IT'S MORE LIKE TEN.
>>VINT CERF: I WOULD LIKE TO CUT OFF THIS LIST OF QUESTIONS AT SOME POINT SO
WE CAN MOVE ON TO OTHER THINGS.
>> THIS IS WHAT WE COME HERE FOR.
>>VINT CERF: SO I WILL TAKE THE PEOPLE WHO ARE STANDING IN THE AISLE NOW.
THOSE ARE THE PEOPLE WHO ARE GOING TO ASK QUESTIONS. AFTER THAT, WE'RE GOING
TO GO ON.
LET'S GO AHEAD, PLEASE.
>>WERNER STAUB: MY NAME IS WERNER STAUB. I SPEAK FOR THOSE, INCLUDING CORE,
WHO BRING IN NEW TLDS AND OF COURSE EXISTING TLDS.
I WANT TO ASSURE THAT I ALSO WANT TO GO FORWARD AND I AM HAPPY TO SEE THAT
THE ICANN WANTS TO LOOK FORWARD AND NOT TO THE PAST.
AND THIS IS THE OPPORTUNITY TO LOOK AT UNINTENDED SIDE EFFECTS OF, YOU KNOW,
OUR DISCUSSIONS OVER THE LAST COUPLE OF YEARS OF THE ENTIRE HISTORY OF HOW
THE DOMAIN NAME MANAGEMENT OR REGISTRATION CONCEPTS HAVE EVOLVED.
AND ONE OF THOSE SIDE EFFECTS AND ACTUALLY VERY CLOSELY LINKED TO THE
DISCUSSION WE HAD YESTERDAY ABOUT THE ICANN BUDGET. I'M NOT SAYING THAT THE
ICANN BUDGET IS NOT WELL SPENT. I ACTUALLY THINK IT'S PROBABLY OKAY. BUT WE
HAVE AN UNINTENDED SIDE EFFECT THAT IS VERY, VERY POTENT, AND PROBABLY ONE
THAT STIFLES INNOVATION.
WE HAVE COME TO A SITUATION WHERE THERE IS, SO TO SPEAK, A TAX PER DOMAIN
NAME. AND THIS IS SLOWLY BECOMING A GENERALLY ACCEPTED, THOUGH ERRONEOUS,
CONCEPTION THAT THERE SHOULD BE SOMETHING LIKE A TAX APIECE FOR EACH DOMAIN
NAME REGISTERED, NOT EVEN DELEGATED.
I FOLLOWED DISCUSSIONS FOR THE NEW CONTRACTS AND THIS WAS NOT ACTUALLY THE
BOARD. IT WAS ICANN STAFF AND LAWYERS, BUT THEY SEEM TO GENERALLY ACCEPT THE
IDEA THAT THERE SHOULD BE SOMETHING LIKE A CHARGE PER ENTRY IN THE
DATABASE.
NOW, I JUST LIKE YOU TO IMAGINE FOR A SECOND THAT IN A NEW TLD, A GROUP OF
IDEALISTS GET TOGETHER AND GET SOME FUNDING TO DO A PROPOSAL AND THEY WILL
ACTUALLY GIVE AWAY DOMAIN NAMES FOR VERY GOOD REASON. BE IT BLOGGING OR
CHATTING OR ANYTHING LIKE THAT.
AND THEY ESTIMATE THAT THEY WOULD BE GIVING AWAY MAYBE 30 MILLION DOMAIN
NAMES THAT WOULD MOST LIKELY BE USED PRODUCTIVELY.
SHOULD THEY PAY 25 CENTS APIECE VIA THE REGISTRARS, YOU CAN IMAGINE HOW MUCH
THAT MAKES IF YOU TALK ABOUT JUST 10 MILLION DOMAINS. SHOULD THAT BE 2.5
MILLION DOMAINS TAX FOR ICANN? OR WORSE, SHOULD, IN THE EVENT OF SUCCESS, THE
ENTIRE PRINCIPLE, THE ENTIRE CONCEPT BE, SO TO SPEAK, LIMITED BY A PURELY
ARTIFICIAL THINKING THAT IT SHOULD BE PER DOMAIN.
THERE IS NO PROBLEM ABOUT ANY DOMAIN NAME REGISTRY, ANY REGISTRANT PAYING ITS
FAIR SHARE, BUT YOU CANNOT TREAT ALL THE DOMAIN NAMES IN THE SAME
FASHION.
AND I THINK ONE OF THE SIDE EFFECTS WE HAVE, WHEN WE WERE TALKING ABOUT .COM,
WE FORGOT THAT THINGS COULD BE DONE DIFFERENTLY.
>>VINT CERF: SO THANK YOU FOR THAT OBSERVATION.
I GUESS THEIR PROBLEM ALWAYS IS FINDING SOME FAIR WAY OF ALLOCATING THE COST
AND THAT WAS ONE METRIC THAT WAS POPULAR BUT THE POINT IS WELL TAKEN.
ANNETTE.
>>ANNETTE MUEHLBERG: WELL, I THINK THIS COMMITTEE ISSUE, IT'S ABOUT
DECISION-MAKING PROCESSES AND TRANSPARENCY.
AND I THINK EITHER YOU JUST INCLUDE AT-LARGE OR THE AT-LARGE ADVISORY
COMMITTEE SETS UP A STRATEGY COMMITTEE EVERYONE IS FREE TO JOIN.
>>VINT CERF: I'M SORRY, I GOT DISTRACTED HERE. YOU SAID INCLUDE --
>>ANNETTE MUEHLBERG: IT'S SAID IT'S ABOUT DECISION-MAKING PROCESS, IT'S ABOUT
TRANSPARENCY. I MEAN, IT JUST GOES ON AND ON LIKE THIS. THIS IS OUR ISSUE,
AND YOU SHOULD DO SOMETHING ABOUT THAT.
>>VINT CERF: THE STRATEGIC PLANNING PROCESS INCLUDES THE ALAC AND ALL OTHER
SUPPORTING ORGANIZATIONS, SO I'M NOT SURE WHAT ELSE YOU WANT TO ADD.
IF YOU IMAGINE THAT THE STRATEGIC PLANNING COMMITTEE THAT PAUL DESCRIBED IS
DOING ALL THE STRATEGIC PLANNING, THEN I COULD EASILY UNDERSTAND EVERYONE
WANTS TO BE ON THE COMMITTEE.
IF IT'S AN ADJUNCT TO THE STRATEGIC PLANNING PROCESS, IT'S ADDITIONAL INPUT
PLUS ALL THE OTHER THINGS THAT WE DO WITH THE SUPPORTING ORGANIZATIONS, THEN
I'M NOT FOLLOWING THE LOGIC.
>>ANNETTE MUEHLBERG: WELL, VITTORIO ALREADY POINTED OUT WHAT IS THE SORT --
OR HOW DO YOU GET THE MEMBERS, WHAT IS IT ABOUT AND HOW DO YOU SET IT UP, AND
HOW DO YOU CARE ABOUT THE TRANSPARENCY OF THESE PROCESSES. THIS IS NOT
CLEAR.
>>VINT CERF: HAGEN.
>>HAGEN HULTZSCH: ANNETTE, I SHARE THE CHAIRMAN'S VIEW. BUT I WOULD LIKE TO
ADD THERE IS NO REASON AT ALL THAT ALAC SETS UP A STRATEGY COMMITTEE. WHY
DON'T YOU DO IT? AND MAYBE THE STRATEGY COMMITTEE OF ALAC FEEDS INTO THE
PRESIDENT'S STRATEGY COMMITTEE. THAT'S HOW THIS ORGANIZATION WORKS.
SO NOTHING IN THE WORLD PREVENTS YOU FROM DOING WHAT YOU HAVE JUST
CONSIDERED. JUST DO IT.
>>MICHAEL PALAGE: DOES NIKE GET A ROYALTY ON THE "JUST DO IT"?
>>HAGEN HULTZSCH: LET'S TALK ABOUT IT TONIGHT OVER A GLASS OF WINE.
>>VINT CERF: SUSAN.
>>SUSAN CRAWFORD: JUST VERY BRIEFLY. I THINK THE ISSUE IS ONE OF PERCEPTION
AND CONCERN THAT IN AN ATMOSPHERE IN WHICH CUSTOMER SERVICE, OUTREACH,
COMMUNICATIONS SEEMS TO BE GOING POORLY TO FOCUS ON A PARTICULAR GROUP OF
PEOPLE AS GETTING SPECIAL ATTENTION FROM THE PRESIDENT AND CEO MAY BE
TROUBLING.
I PERSONALLY THINK THAT PAUL SHOULD BE ABLE TO TALK TO WHO HE WANTS TO IN
CONNECTION WITH THE STRATEGIC PLAN. BUT I ALSO UNDERSTAND THE PERCEPTION
THAT THIS IS A SPECIAL GROUP THAT WILL BE LISTENED TO SPECIALLY.
I THINK THERE IS SORT OF A DISCONNECT IN THE CONVERSATION HERE.
>>VINT CERF: PAUL.
>>PAUL TWOMEY: ONE OF MY CONCERNS IS THAT THE DISCONNECT IS OCCURRING ABOUT
THAT THE PRESIDENT AND CEO DRIVES ALL OF THIS. YOU KNOW, THIS WAS A
DISCUSSION THAT TOOK PLACE IN THE BOARD FOR QUITE SOME TIME. IT WAS AN
EVOLUTION OF A BOARD STRATEGY COMMITTEE AND THEN A BROADER COMMITTEE FOR THE
NEED BOTH TO DRIVE STRATEGY BUT ALSO THE SENSE OF THE BOARD OF ENSURING THAT
ADDITIONAL PERSPECTIVES THAT WERE CONCERNED ABOUT ICANN AND THE DNS AND
CONCERNED WHERE IT WAS GOING BUT WHO DO NOT PARTICIPATE, THERE ARE
PERSPECTIVES NOT REGULARLY ATTENDING THE MEETING, THAT THOSE OF US WHO ARE
INVOLVED IN THE BOTTOM-UP PROCESS WOULD VALUE FROM HEARING THAT PERSPECTIVE
AS A CONTRIBUTION TO THE VERY CLEAR PROCESS WE HAVE FOR STRATEGY
DEVELOPMENT.
SO THERE'S NO EXCLUSION OUT. IT WAS -- THE DISCUSSION AT THE BOARD LEVEL WAS
SORT OF A TWOFOLD ONE. THE BOARD WANTED TO KEEP A FOCUS ON STRATEGY, AND WE
HAD QUITE A DISCUSSION ABOUT THAT ALL THROUGH LAST YEAR. I THINK THE
STRATEGIC PLANNING PROCESS HAS BECOME CLEARER. IT'S WORKED ITS WAY THROUGH
AND PEOPLE HAVE GOTTEN MORE COMFORTABLE WITH IT. THERE'S NO WALKING AWAY
FROM THAT. BUT PART OF THE OTHER DISCUSSION WAS A LITTLE BIT OF LET'S BE
CAREFUL OF THE THINGS WE DON'T KNOW WE DON'T KNOW, IF YOU LIKE.
AND LET'S BE CAREFUL WHEN WE ARE THINKING -- IF YOU LOOK AT THAT STRATEGIC
PLAN, A LOT OF MEMBERS IN THE COMMUNITY FOCUS A LOT ON -- I THINK HAVE BEEN
FOCUSING AT THE END PART OF IT AT THE MOMENT AND HAVE FORGOTTEN THAT THE
FIRST PART OF THE PLANNING PROCESS WAS FOCUSING A LOT ON THOSE, WHAT ARE THE
CHALLENGES WE FACE IN THE FUTURE? REMEMBER THERE'S A FIRST PAGE OF THE
STRATEGIC PLAN THAT HAS THE CHALLENGES IN THE FUTURE, WHAT ARE THE CHALLENGES
WE ARE FACING. AND THERE WAS A BIT OF A CONCERN I THINK AMONGST THE BOARD
MEMBERS AND OTHERS LET'S MAKE CERTAIN WE HAVE A GOOD WAY OF CAPTURING
ADDITIONALLY -- LET'S TRY TO MAKE CERTAIN WE ARE NOT JUST -- WE'VE GOT
PERSPECTIVES THAT CAN ACTUALLY GIVE RICHNESS TO THAT UNDERSTANDING AND WHAT
ARE THE CHALLENGES FACING US THAT WE HAVE TO MAKE A STRATEGY IN THE CONTEXT
OF.
AND THAT'S THE ORIGIN OF THESE SORTS OF PEOPLE.
AND I SUPPOSE, YOU KNOW, SOME OF THE PEOPLE WHO ARE IN THERE AT THE MOMENT
ARE NOT SURPRISING BECAUSE OF THE WSIS PROCESS HAS GONE OUT AND BECAUSE WE
HAVE AN MOU PROCESS GOING OUT SO THERE IS A GOVERNMENTAL OR POLITICAL AS SPEC
TO IT. BUT THERE ARE OTHERS AS WELL THAT ARE OPEN TO ATTEND. BUT THERE IS
NO ATTEMPT TO REPLACE THE STRATEGIC PLAN INSIDE.
>>VINT CERF: LET'S MOVE ON.
>>ROB HALL: I HAVE A SPECIAL QUESTION ABOUT THE RECONSIDERATION COMMITTEE. I
WILL SAVE MY COMMENTS ON THE .COM FOR LATER SO YOU CAN GET THROUGH THIS
LINE.
I WONDER IF YOU CAN PUT THE REPORT OF JONATHON NEVETT'S RECONSIDERATION UP
BECAUSE THERE IS A SPECIFIC POINT I WANT TO ASK A QUESTION ABOUT.
WHILE THEY ARE DOING THAT, I WOULD LIKE TO THANK THE RECONSIDERATION
COMMITTEE FOR, I THINK, WHAT THEY HAVE DONE IS CLEARLY OUTLINED WHAT FACTS
THEY ARE GOING TO BE LOOKING FOR IN A RECONSIDERATION REQUEST. AND I'M SURE
THE FUTURE REQUESTS WILL NOW CONFORM MORE TO THE ISSUES YOU ARE LOOKING
FOR.
MY QUESTION GOES TO -- IF WE ARE ABLE TO GET IT UP. I'M SORRY? IS THAT
POSSIBLE OR NOT?
>>VINT CERF: THEY ARE WORKING ON IT.
>>ROB HALL: MY QUESTION GOES TO, AND WHEN I SEE THE EXACT WORDS, PERHAPS WE
CAN CLARIFY THEM. I BELIEVE ONE OF THE POINTS WAS THAT THE DEPARTMENT OF
COMMERCE, JON WAS SAYING THE DEPARTMENT OF COMMERCE -- SORRY, THE DEPARTMENT
OF JUSTICE HAD NOT YET BEEN HEARD ON THIS, AND THE FOLLOWING POINT HE CAN
PRESSED THE BOARD HAD, IN FACT, HEARD THE VIEWS OF THE DEPARTMENT OF JUSTICE
OF THE UNITED STATES.
AND I'M WONDERING IF THE BOARD CAN CONFIRM THAT THEY HAVE, IN FACT, HAD
APPROVAL FROM THE DEPARTMENT OF JUSTICE IN THE UNITED STATES ON THIS
AGREEMENT.
>>VINT CERF: NO, WE DIDN'T HAVE APPROVAL FROM THE DEPARTMENT OF JUSTICE.
>>ROB HALL: SORRY. HAD A VIEW FROM THE DEPARTMENT OF JUSTICE ON THIS
AGREEMENT.
>>VINT CERF: WE HAD A VIEW CONVEYED TO US BY THE DEPARTMENT OF COMMERCE
--
>>ROB HALL: NOT THE DEPARTMENT OF JUSTICE AS WAS REFERRED.
>>VINT CERF: -- WHO HAD, AS I UNDERSTAND IT, CONSULTED WITH THE DEPARTMENT OF
JUSTICE.
>>ROB HALL: I WANT TO BE VERY CLEAR HERE, VINT, BECAUSE THE WORDING OF THE
RECONSIDERATION REQUEST REFERRED I BELIEVE TO THE DEPARTMENT OF JUSTICE, AND
I BELIEVE THE RECONSIDERATION COMMITTEE HAS JUST SAID THEY HEARD A REVIEW
FROM THE DEPARTMENT OF JUSTICE.
SO IT'S YOUR UNDERSTANDING THAT YOU HAVE HEARD THAT VIEW.
>>VINT CERF: NO. WHAT WE HAVE IS A VIEW OF THE DEPARTMENT OF COMMERCE WHO
CONSULTED WITH THE DEPARTMENT OF JUSTICE, AS I UNDERSTAND IT.
WE WEREN'T PARTY TO ANY INTERACTIONS BETWEEN THE DOC AND THE DEPARTMENT OF
JUSTICE.
>>ROB HALL: BUT YOU HAVE RULED AGAINST THE RECONSIDERATION REQUEST IN PART BY
SAYING YOU HAVE ALREADY HEARD THE VIEW OF THE DEPARTMENT OF JUSTICE WHICH IS
PART OF THE --
>>VINT CERF: FIRST OF ALL, LET'S BE CAREFUL ABOUT THE DIFFERENCE BETWEEN THE
TEXT HERE, WHICH, YOU KNOW -- SO THE FACTS ARE --
>>ROB HALL: ANOTHER PAGE FORWARD, PLEASE. ONE MORE.
>>VINT CERF: THE FACTS ARE THAT WE HEARD --
>>ROB HALL: ONE MORE. I'M SORRY. ONE MORE.
AGAIN. NEXT PAGE. AGAIN. ONE MORE. THERE. THE LAST POINT. THE SECOND TO
LAST POINT SAYS, THEY COULD NOT PROVIDE THE VIEWS OF THE DOJ ON PRICING, AND
THE LAST POINT SAYS THAT THE VIEWS WERE RECEIVED BY THE BOARD AND WERE, IN
FACT, DISCUSSED AT LENGTH.
I'M JUST ASKING FOR CLARIFICATION. IS THAT A FACTUAL STATEMENT THAT YOU HAVE
RECEIVED THE VIEWS OF THE DEPARTMENT OF JUSTICE?
>>VINT CERF: I NOW SAID THREE TIMES, ROB, THAT WE HAVE NOT RECEIVED DIRECT
COMMUNICATIONS FROM THE DEPARTMENT OF JUSTICE. IN THE COURSE OF OUR
DELIBERATIONS, WE RECEIVED REPRESENTATIONS FROM THE DEPARTMENT OF
COMMERCE.
>>ROB HALL: BUT THE RECONSIDERATION REQUEST, ONE OF THE THINGS THEY ARE
CLEARLY SAYING IS THAT YOU HAVE.
I THANK YOU FOR YOUR CLARIFICATION, VINT, BUT --
>>VINT CERF: WELL, THEN WE WILL REPAIR THAT APPARENT INACCURATE
STATEMENT.
>>ROB HALL: ARE YOU WAITING FOR VIEWS OF THE DEPARTMENT OF JUSTICE?
>>VINT CERF: NO.
>>ROB HALL: BECAUSE I THINK THAT'S WHAT THE RECONSIDERATION REQUEST WAS
SUGGESTING.
AND I'LL LET JONATHON NEVETT SPEAK TO THE RECONSIDERATION REQUEST.
>>VINT CERF: I THINK WE ARE WAITING FOR COUNSEL.
>>ROB HALL: THANK YOU.
>>VINT CERF: PAUL.
>>PAUL TWOMEY: THANK YOU, VINT. I JUST WANT TO MAKE CERTAIN WE ARE VERY
CLEAR. IT SEEMS ROB IS ASKING FOR CLARITY AND WE WANT TO BE VERY CLEAR ABOUT
THIS SO LET'S BE VERY CLEAR.
WE DID CONSULT WITH THE DEPARTMENT OF JUSTICE AT THEIR REQUEST, WHILE THEY
WERE CONDUCTING THEIR PROCESS AT THE REQUEST OF THE DEPARTMENT OF COMMERCE.
BUT WE HAVE NOT RECEIVED COMMUNICATIONS FROM THE DEPARTMENT OF JUSTICE. WE
HAVE ONLY RECEIVED COMMUNICATIONS FROM THE DEPARTMENT OF COMMERCE.
LE ME BE QUITE PRECISE. THE DEPARTMENT OF COMMERCE SOUGHT TO TAKE ADVICE IN
THE PROCESS ALSO. AT THE MOMENT, SOUGHT TO TAKE ADVICE FROM THE DEPARTMENT
OF JUSTICE. THE DEPARTMENT OF JUSTICE CONSULTED WITH US IN THEIR PROCESS, SO
WE HAD CONVERSATIONS WITH THE DEPARTMENT OF JUSTICE FROM THE QUESTIONS THEY
HAVE ASKED, BUT THE DEPARTMENT OF JUSTICE -- ANY COMMUNICATIONS WE HAVE
RECEIVED IN THIS PROCESS, AS OPPOSED TO QUESTIONS, ANY COMMUNICATIONS WE HAVE
RECEIVED ARE FROM THE DEPARTMENT OF COMMERCE, NOT FROM THE DEPARTMENT OF
JUSTICE.
>>ROB HALL: I THANK YOU FOR CLARIFYING THAT, PAUL, BECAUSE I THINK THERE IS A
MISCONCEPTION IN PEOPLE I TALKED TO THAT THE DEPARTMENT OF JUSTICE HAS
SOMEHOW APPROVED THIS WHEN IN FACT I DON'T BELIEVE THEY HAVE. AND I THINK
YOU ARE NOW SAYING THERE HASN'T BEEN COMMUNICATION YOU FROM THEM DIRECTLY TO
YOU.
>>PAUL TWOMEY: I THINK LET'S BE CLEAR ON THIS. THIS HAS BEEN -- ONE OF THE
THINGS THAT'S ALSO CAUSED -- ONE OF THE NATURES OF THE SHIFTING SANDS OF THIS
PROCESS HAS BEEN THAT THERE WAS -- THAT INITIAL PROCESS OF SEEKING ADVICE
TOOK PLACE EARLY. WE THEN HAD PUBLIC CONSULTATIONS. WE HAD, AS YOU KNOW,
THE DISCUSSIONS, RENEGOTIATIONS. THE PARTIES WERE ABLE TO PUT BACK A RENEWED
AGREEMENT TO THE DEPARTMENT OF COMMERCE. THE DEPARTMENT OF COMMERCE HAS BEEN
IN DISCUSSION WITH THE DEPARTMENT OF JUSTICE AGAIN. THE DEPARTMENT OF
JUSTICE AGAIN HAS BEEN DOING A FOLLOW-ON PROCESS OR DOING AN ADDITIONAL
PROCESS. AND THEN IT SEEMS TO BE COMING THROUGH.
SO WE DON'T HAVE A FINAL -- FINAL COMMUNICATION TO US FROM THE DEPARTMENT OF
COMMERCE ON THE FINAL AGREEMENT AS OPPOSED TO WHAT WAS A DRAFT AGREEMENT THAT
WAS ALWAYS GOING TO GO TO PUBLIC CONSULTATION.
I CAN UNDERSTAND THE CONFUSION BECAUSE IT HAS BEEN COMPLEX.
>>ROB HALL: THANK YOU.
>>VINT CERF: OKAY. ALEX HAS HIS HAND UP, AND WE HAVE A GROWING LIST OF
PEOPLE HERE. SO BEFORE ALEX MAKES HIS COMMENT, I AM GOING TO DO TWO THINGS.
FIRST OF ALL, I AM SKIPPING THE BREAK TODAY. IF YOU NEED TO TAKE A BREAK,
FEEL FREE TO LEAVE THE ROOM. THAT GOES FOR THE BOARD AS WELL AS ATTENDEES.
AND SECOND I MAY HAVE TO REMOVE SOME THINGS FROM THE AGENDA IF I AM NOT ABLE
TO COMPLETE THE SESSIONS AS SCHEDULED.
ALEX AND THEN BRET.
>>ALEJANDRO PISANTY: VINT, I JUST WANT TO STATE A VERY SPECIFIC DISCOMFORT,
AND WE MAY NEED TO HAVE LEGAL COUNSEL AS WE PROCEED HERE WITH ANY TYPE OF
REPLY. AND WE MAY NEED TO RESERVE OUR RIGHT TO REPLY LATER TO THE QUESTIONS
THAT ARE COMING FROM -- BECAUSE THEY ARE COMING FROM PARTIES THAT ARE SUING
US OR THAT STAND TO GAIN FROM LAWSUITS THAT ARE BEING MADE. AND WHILE
RELATIVELY OPEN DISCLOSURES ARE AVAILABLE FROM SOME OF THESE PARTIES, I
REALLY FEEL VERY UNCOMFORTABLE BEING IN FOREIGN TERRITORY UNDER A LAW THAT'S
NOT THE ONE IN MY COUNTRY, HAVING TO RESPOND TO THINGS THAT ARE VERY MUCH
WHAT I WOULD IMAGINE WILL ALSO BE THE REQUEST OF THE POSITIONS IN AN
INTERROGATION BEFORE A COURT OR DISCOVERY PROCESS OR WHATEVER.
SO I WANT TO MAKE SURE THAT WE ARE NOT SHORTCUTTING OR SHUNTING AROUND ANY OF
THOSE LEGAL PROCEDURES OR THAT THE PARTIES ARE NOT GOING TO TAKE CAREFUL
NOTES AND THEN SEE WHAT USE CAN BE USED OF THESE INFORMAL, CHATTY KIND OF
RESPONSES WE CAN PROVIDE FOR TRANSPARENCY AND FOR WARM, CONTINUOUS
COMMUNICATION.
AS ONE OF THE SPEAKERS IN THE AUDIENCE SAID, THIS IS WHAT WE COME HERE FOR.
THIS IS WHAT THE PEOPLE TRAVEL FOR. PEOPLE IN THE ICANN COMMUNITY TRAVEL TO
ICANN MEETINGS FOR BEING ABLE TO PARTICIPATE IN THESE DIALOGUE.
WE TRY TO PROVIDE GOOD, PROMPT, CLEAR RESPONSES. BUT BY DOING THAT IN
PROCESSES THAT ARE ALSO ENTANGLED IN LEGAL PROCEEDINGS, WE MAY REALLY BE
WALKING INTO DANGEROUS TERRITORY.
>>VINT CERF: I'M SURE, ALEX, THAT OTHERS SITTING HERE HAVE SIMILAR
CONCERNS.
I WOULD NOTE, MR. FAUSETT, THAT YOU ARE PARTY TO ONE OF THOSE SUITS. IS
THAT CORRECT?
>>BRET FAUSETT: I AM NOT A PARTY. I AM NOT SUING ICANN. I AM COUNSEL FOR A
PARTY WHO IS SUING --
>>VINT CERF: YOU ARE COUNSEL FOR A PARTY. THANK YOU. THAT DOES INVOLVE YOU
IN SOME WAY, DOES IT NOT?
>>BRET FAUSETT: ABSOLUTELY. BUT IT WOULD NOT BE CORRECT TO SAY I AM A
PARTY.
>>ALEJANDRO PISANTY: SORRY, BRET. IN MY ORGANIZATION -- THIS MIGHT BE A
QUESTION OF INTERCULTURAL COMMUNICATION. IN MY COUNTRY, ON MANY OF THOSE
THAT I KNOW, IF I WENT OUT AND DID SOMETHING THAT DAMAGED THE CAUSE OF MY
EMPLOYER, I WOULD BE -- WELL, SINCE MY EMPLOYER IS FUNDED WITH PUBLIC FUNDS,
ASSIGNED DIRECTLY BY CONGRESS IN MEXICO, I AM ACTUALLY SUBJECT TO A LAW THAT
WILL DEBILITATE ME FOR 20 YEARS OR PUT ME IN JAIL IF I DID SOMETHING TO
JEOPARDIZE THE SUCCESS OF MY INSTITUTION. AND I WON'T IMAGINE THAT YOUR LAW
FIRM WOULD NOT TAKE LIGHTLY IF YOU DID SOMETHING NOW THAT DID NOT CONTRIBUTE
TO THE SUCCESS OF THE LAWSUITS THEY ARE CARRYING.
>>BRET FAUSETT: I CAN'T TELL YOU HOW MANY TIMES OVER THE YEARS JOE SIMS HAS
STOOD AT THIS MICROPHONE AND TOLD EVERYONE HE WAS SPEAKING IN HIS PERSONAL
CAPACITY. SO I EXPECT THE SAME COURTESY THAT YOU GIVE TO YOUR OWN
LAWYERS.
[ APPLAUSE ]
>>VINT CERF: SO I SHOULD MAKE A DISTINCTION BETWEEN THE LAWYERS THAT ARE
SUING ME AND THE ONES THAT ARE DEFENDING ME. THAT'S SUPPOSED TO BE A JOKE,
BRET. YOU ARE SUPPOSED TO LAUGH.
GO AHEAD.
>>BRET FAUSETT: I WANT TO MAKE TWO QUICK POINTS IN DEFERENCE TO THE LONG LINE
BEHIND ME.
I APPRECIATE THE REPORT FROM THE RECONSIDERATION COMMITTEE. LISTENING TO IT,
IT WAS HARD NOT TO COME TO THE CONCLUSION THAT ALL ROADS LEAD TO "WE WERE
RIGHT."
INFORMATION THAT WAS PRESENTED BEFORE THE CUT-OFF WAS ALREADY CONSIDERED.
INFORMATION THAT CAME IN AFTER WAS TOO LATE.
YOU KNOW, HOW DO YOU MAKE DECISIONS IN THE RECONSIDERATION COMMITTEE? I THINK
IT WOULD HELP THOSE OF US WHO PARTICIPATE IN THE COMMUNITY IN VARIOUS
CAPACITIES TO UNDERSTAND EXACTLY HOW THE BOARD OR THE RECONSIDERATION
COMMITTEE WILL VIEW THINGS IN THE FUTURE. BECAUSE I COULDN'T QUITE NAVIGATE
HOW TO ADDRESS WHAT WOULD BE A -- AN ADEQUATE RECONSIDERATION REQUEST BASED
ON THE INFORMATION WE RECEIVED TODAY.
>>VINT CERF: DO YOU WANT TO -- JUST A -- PETER WANTS. GO AHEAD, PETER.
>>PETER DENGATE THRUSH: I THINK I CAN HELP WITH THAT BECAUSE AS I SAID I WAS
IN THIS POSITION OF HAVING VOTED AGAINST THE DECISION.
BUT WHEN YOU LOOK AT THE RULES OF THE RECONSIDERATION COMMITTEE, THEY ARE
VERY NARROW. IT'S NOT AN APPEALS PROCESS. IT'S NOT -- MOST OF THOSE
RECONSIDERATION APPLICATIONS HAD THE APPEARANCE OF AN APPEAL, SAYING YOU THAT
WE DON'T LIKE THE DECISION YOU HAVE MADE, YOU HAVE GONE WRONG IN MAKE YOUR
DECISION, PLEASE COME TO ANOTHER CONCLUSION. RECONSIDERATION IS NOT AN
APPEALS PROCESS. WAS THAT INFORMATION AVAILABLE? WITHOUT GOING INTO DETAIL,
LARGELY, YES. THIS COMMUNITY WENT INTO A GREAT DEAL OF TROUBLE TO MAKE
ALMOST ALL OF THAT MATERIAL AVAILABLE TO US.
SO WE HAD THAT MATERIAL. THOSE MUCH US WHO WERE ON THE BOARD ATTEMPT TO GO
PERSUADE OTHER BOARD MEMBERS TO VOTE AGAINST IT WERE USING THAT MATERIAL TO
DISCUSS THE MATTER.
SO RECONSIDERATION IS NOT THE AVENUE FOR GETTING US TO CHANGE OUR MIND ONCE
WE'VE MADE A DECISION YOU DON'T LIKE.
>>BRET FAUSETT: I WOULD SUBMIT TO YOU THAT THERE OUGHT TO BE A WAY OF TELLING
YOU TO CHANGE YOUR MIND WHEN WE THINK YOU'RE WRONG.
AND MAYBE WE OUGHT TO HAVE A CONVERSATION AROUND THAT.
BUT LET ME GO TO MY SECOND POINT.
AND THAT IS, GOES BACK TO THE PUBLIC INTEREST POINT I MADE YESTERDAY.
WE'RE SUPPOSED TO BE A BOTTOM-UP ORGANIZATION.
AND I THINK ICANN NEEDS TO BE AWARE THAT EVERY PRESIDENT'S COMMITTEE ON
STRATEGIC PLANNING, IDNS, WHATEVER, CREATES AN IMPRESSION THAT WE'RE GOING
TOP-DOWN, THAT THERE ARE PEOPLE WHO HAVE SPECIAL ACCESS TO THE PRESIDENT.
AND I AGREE WITH SUSAN, YOU OUGHT TO BE ABLE TO TALK TO WHOMEVER YOU
WISH.
BUT PRESIDENT'S COMMITTEES GIVE A TOP-DOWN IMPRESSION.
AND I THINK WE'RE GOING TO HAVE TO WORK HARD TO CORRECT THAT AND MAKE IT
REALLY WORK THE WAY IT'S SUPPOSED TO, BOTTOM-UP.
THANKS.
>>PETER DENGATE THRUSH: JUST A QUICK RESPONSE TO THAT.
IN FACT, THIS IS DESIGNED TO ENCOURAGE TRANSPARENCY.
ONE OF MY CONCERNS IN DISCUSSING THIS EARLY ON WAS THAT THE CORPORATION WAS
SPENDING A LARGE AMOUNT OF MONEY WITHOUT A VERY CLEAR STRATEGY THAT HAD BEEN
DEVELOPED IN RESPONDING TO THE WSIS.
NOW, WHAT THIS WILL DO IS MAKE SURE THAT THOSE DISCUSSIONS ARE -- TAKE PLACE
WITHIN A FORMAL STRUCTURE WHICH CAN BE BUDGETED AND WHICH WILL BE ACCOUNTED
FOR.
>>BRET FAUSETT: WILL WE HAVE TRANSPARENCY AROUND THE PRESIDENT'S STRATEGIC
COMMITTEE?
WILL THEY DO THEIR WORK ONLINE AND IN PUBLIC?
>>PAUL TWOMEY: OBVIOUSLY, WE'RE GOING TO OPERATE SIMILARLY TO THE OTHER
COMMITTEES WE HAVE.
THE SECURITY AND STABILITY ADVISORY COMMITTEE HAS -- IS, I THINK, A GOOD
MODEL.
I DON'T WANT TO PUT STEVE OR ANYBODY ELSE INTO TRYING TO DEFEND THE WAY THEY
RUN THEIR COMMITTEE.
BUT WE HAVE A MODEL OF THERE WILL BE ONLINE DISCUSSION, BUT THERE'LL BE A
MODEL WHERE WE CAN HAVE PUBLIC PROCESSES AND WE'RE GOING TO HAVE -- I MEAN,
IT'S MY EXPECTATION THAT THERE WILL BE, YOU KNOW, PUBLIC CONSIDERATION,
PUTTING THINGS OUT FOR COMMENT, PUTTING ANY ADVICE THAT COMES, WHICH IS MORE
THAN JUST A CHAT ON THE LINE, BE PUT OUT.
THAT'S MY EXPECTATION.
I THINK IF WE WERE TO SAY ABSOLUTELY EVERYTHING THAT THESE PEOPLE OR ANY
GROUP OF PEOPLE WANTS TO SORT OF DISCUSS ON AN E-MAIL IS AVAILABLE FOR
EVERYBODY TO READ, I EXPECT THAT WOULD BE DYSFUNCTIONAL.
BUT THAT'S MY VIEW.
CAN -- BRET, CAN I JUST SAY, IF YOU DON'T MIND, I ACTUALLY SHARE YOUR SAME
CONCERN.
YOU AND I PROBABLY WOULD NOT END UP WITH THE SAME SOLUTIONS TO THE PROBLEM,
LIKE THE LAST ANSWER PROBABLY INDICATES, BUT I ACTUALLY ALSO SHARE YOUR
CONCERN.
I'M ALSO, ON A PERSONAL LEVEL, UNCOMFORTABLE.
WE HAVE THIS THING CALLED PRESIDENT'S COMMITTEES, AS A DISTINCTION FROM A
BOARD COMMITTEE.
WHAT TENDS TO MOVE AROUND, IT LOOKS TOP DOWN.
AND ME PERSONALLY, IT LOOKS LIKE I'M A COMPLETE MEGALOMANIAC.
THERE ARE PEOPLE WHO HAVE THAT VIEW, OF COURSE. AND I ALSO SHARE THAT
DISCOMFORT.
AND SO I AM LOOKING -- AS THE PRESIDENT, I AM LOOKING FOR TOOLS AND ADVICE
PEOPLE HAVE OF BEING POTENTIAL MODELS FOR COMMUNICATION.
I MADE A COMMENT YESTERDAY ABOUT PUBLIC COMMUNICATION WHICH I NOTICE YOU'RE
THE GENERAL MANAGER OF PUBLIC -- I KNOW THAT'S ONE OF THE THINGS YOU'RE VERY
DEDICATED TO.
SO, YOU KNOW, I WANT TO REINFORCE THE SAME CONCERN.
I PERSONALLY HAVE THE SAME CONCERN THAT YOU JUST EXPRESSED.
SO....
>>VINT CERF: OKAY.
LET'S MOVE ON NOW.
THANK YOU.
>>WENDY SELTZER: THANK YOU.
IT SOUNDS AS THOUGH A LOT OF THE -- I APPRECIATED THE REPORT FROM THE
RECONSIDERATION COMMITTEE.
I APPRECIATE YOUR ACKNOWLEDGMENT THAT THIS IS VERY, VERY NARROW, AND I THINK
THAT THAT'S PART OF THE PROBLEM HERE, THAT, AS I WAS LISTENING TO THE REPORTS
AND THEN LOOKING AT THE BYLAWS, IT SEEMS LIKE A CATCH-22.
THERE'S NO WAY TO GET AN EFFECTIVE RECONSIDERATION REQUEST IN.
BUT IT REFLECTS THE TRANSPARENCY AND OPENNESS PROBLEMS OF THE ORGANIZATION
THAT SO MANY PEOPLE FEEL THEY NEED TO FILE RECONSIDERATION REQUESTS AS THEIR
ONLY ROUTE TO HEAR THAT THEIR COMMENTS MADE IN THE FIRST PLACE WERE
CONSIDERED.
IF THE RECONSIDERATION COMMITTEE TELLS US THAT INFORMATION WAS PRESENTED TO
THE BOARD AND WAS PRESUMED TO HAVE BEEN HEARD, FOR MANY PEOPLE, THAT'S THE
FIRST TIME THEY HEAR THAT THE BOARD HAS HEARD THEIR COMMENTS.
AND MORE OPENNESS THROUGH THE PERIOD OF DISCUSSION WOULD HELP TO ADDRESS
THOSE CONCERNS.
I UNDERSTAND, OF COURSE, THAT IN THE COURSE OF A LITIGATION, ONE IS
CONSTRAINED IN HOW OPEN ONE CAN BE.
BUT AT THE SAME TIME, THE DIFFERENCE BETWEEN THE NARROWNESS OF THE
RECONSIDERATION PROCESS AND THE OPENNESS, IF YOU WILL, OF A LITIGATION
PROCESS MIGHT EXPLAIN WHY PEOPLE FEEL IMPELLED TOWARD LITIGATION.
IN LITIGATION IN THE UNITED STATES, WE HAVE NOTICE PLEADING.
IF YOU SET OUT A BARE COMPLAINT WITH A SET OF FACTS THAT COULD GIVE RISE TO A
CAUSE OF ACTION, THAT'S ENOUGH FOR YOU TO MOVE FORWARD WITH DISCOVERY THAT
ALLOWS YOU TO FIGURE OUT WHAT'S BEEN HAPPENING AND WHETHER REQUESTS WERE, IN
FACT, CONSIDERED PROPERLY.
IF THEY WERE -- I'M NOT SAYING THAT ALL OF THAT NEEDS TO BE FORMALIZED IN THE
SAME WAY IN THIS ORGANIZATION.
BUT IF THERE WERE MORE WAYS TO FIND OUT THAT INFORMATION SUBMITTED WAS, IN
FACT, CONSIDERED IN THE PROCESS OF DECISION-MAKING, THEN PERHAPS FEWER PEOPLE
WOULD FEEL THE NEED TO USE THE RECONSIDERATION PROCESS AS AN APPEAL
MECHANISM.
AND FEWER PEOPLE PERHAPS WOULD FEEL THE NEED TO GO OUTSIDE OF THE ICANN
PROCESS IN LITIGATIONS IF THEY COULD WORK WITHIN THE ORGANIZATION.
AND I JUST WANT TO FURTHER REITERATE THE POINT MADE BY SOME OF MY AT-LARGE
ADVISORY COMMITTEE COLLEAGUES ON THE STRATEGY COMMITTEE, YES, IT'S TRUE THAT
-- OR I BELIEVE IT'S TRUE FROM THE STRUCTURE THAT AT LARGE SHOULD BE ABLE TO
PROVIDE ITS OWN INPUT WITHOUT NEEDING TO BE PART OF THE STRATEGY
COMMITTEE.
BUT WHEN WE PROVIDE OUR OWN INPUT, AS WE HAVE DISCUSSED WITH YOU IN THE PAST,
WE OFTEN DON'T GET A RESPONSE.
AND SO WHEN A COMMITTEE IS OPENED UP WITH A DIRECT LINE OF COMMUNICATION TO
THE PRESIDENT AND YET THE ADVISORY COMMITTEE DOESN'T SEEM TO GET THAT SAME
DIRECT LINE, WE FEEL THAT WE NEED TO ASK FOR SPOTS ON THAT COMMITTEE.
AS ANNETTE HAS SAID, WE ARE GOING TO OPEN UP OUR OWN STRATEGY DISCUSSIONS,
AND WE VERY MUCH HOPE THAT ANYONE WILL FEEL FREE TO JOIN US AND, FURTHER,
THAT THOSE DISCUSSIONS WILL BE ABLE TO ENGAGE AS MUCH OF THE STAFF AND
BOARD'S ATTENTION AS THESE SPECIALLY SELECTED MEMBERS OF THE PRESIDENT'S
COMMITTEE.
>>VINT CERF: OKAY.
VENI, YOU WANTED TO RESPOND, I THINK.
>>VENI MARKOVSKI: ACTUALLY, I WANT TO SAY THAT WHAT WENDY IS SAYING KIND OF
STRIKES ME THAT PEOPLE SEEM TO HAVE NO KNOWLEDGE ABOUT THE FACT THAT WE
ACTUALLY HAVE BEEN READING, I WOULD EASILY SAY, THOUSANDS OF PAGES, MAYBE
EVEN MORE, SOME OF US, OF INFORMATION WHICH WAS DELIVERED TO US THROUGH A
NUMBER OF CHANNELS: PUBLIC FORUMS, DOCUMENTS, PAPERS, WHATEVER.
I MEAN, WE ACTUALLY -- I DON'T KNOW -- I MEAN, I CANNOT SPEAK FOR "WE," BUT I
CAN SAY FOR MYSELF, I SPENT ENDLESS NUMBER OF HOURS JUST READING.
AND I DON'T COUNT THE TIME THAT I'VE BEEN KIND OF ABSORBING WHAT'S BEING
SENT.
AND WE -- THE BOARD, I BELIEVE EVERYONE ON THE BOARD IS LIKE THAT.
I MEAN, WE DON'T TAKE DECISIONS BASED ON FEELINGS OR JUST ON RECOMMENDATIONS
FROM SOMEBODY, BE THAT STAFF, BOARD CHAIR, OR SOMEBODY ELSE.
I MEAN, THE FACT THAT THE DISCUSSIONS WERE SO LONG, THAT WE WERE -- WE AGREED
TO POSTPONE DECISIONS ALL THE TIME.
I MEAN, THAT ACTUALLY IS A SIGN.
AND MAYBE YOU ARE RIGHT.
MAYBE WE HAVEN'T COMMUNICATED THAT TO THE ICANN COMMUNITY.
>>VINT CERF: JOI.
AND THEN PROFESSOR QIAN.
>>JOICHI ITO: I THINK THIS GOES BACK TO THE TRANSPARENCY ARGUMENT.
I THINK THAT IF WE HAD TRANSCRIPTS OF OUR BOARD CONVERSATIONS, THIS WOULDN'T
BE AN ISSUE.
AND I -- BUT I THINK THE CONSENSUS OF THE BOARD IS, WE'RE NOT THERE YET.
BUT I DO KIND OF HAVE SYMPATHY FOR WENDY'S POSITION.
AND I DON'T THINK, PERSONALLY, THAT ASSERTING THAT WE'VE READ THOUSANDS OF
PAGES AND TALKING ABOUT HOW MUCH TIME WE'VE SPENT IS ENOUGH FEEDBACK ABOUT
WHETHER SOMEBODY'S COMMENTS WERE CONSIDERED.
AND SO IF WE AREN'T GOING TO GIVE DETAILED TRANSCRIPTS, I DO THINK IT IS THE
OBLIGATION ON OUR PART TO FIGURE OUT SOME WAY TO AT LEAST ACKNOWLEDGE RECEIPT
OF CERTAIN KINDS OF THINGS.
WE HAVE BEEN POSTING -- I REALIZE WE'VE BEEN POSTING COMMENTS, WE'VE HAD
BOARD OPINIONS DURING THE VOTE.
BUT I STILL THINK THAT IF WE CAN SIT DOWN AND TRYING TO THINK OF A CLEVER AND
MORE EFFICIENT WAY TO COMMUNICATE ACKNOWLEDGMENT, I MEAN, WE HAVEN'T DISMISS
IT.
I THINK WE SHOULD CONSIDER IT.
>>VINT CERF: OH, IN FACT, WE'VE BEEN DOING THAT.
I'M SORRY, PROFESSOR QIAN, TO INTERVENE.
ONE THING THAT CAME UP IN SEVERAL OF OUR EARLIER DISCUSSIONS THIS WEEK IS THE
NOTION THAT WE, IN MAKING A MAJOR DECISION LIKE THE VERISIGN ONE, WOULD BE TO
SUMMARIZE THE RATIONALE FOR THAT DECISION.
WE DID A LITTLE BIT OF THAT BY HAVING EACH BOARD MEMBER SAY SOMETHING.
BUT PERHAPS A MORE THOROUGH PROCESS OF SHOWING THE ANALYSIS AND THE RATIONALE
LEADING TO THE CONCLUSION WOULD BE MORE HELPFUL.
AND I THINK THAT'S SOMETHING THAT WE CAN CONSIDER AS WE MOVE FORWARD TO TRY
TO INCREASE THE AMOUNT OF TRANSPARENCY THAT WE CAN -- ARE ABLE TO OFFER TO
OUR CONSTITUENTS.
PROFESSOR QIAN.
>>HUALIN QIAN: OKAY, I WAS TALKING ABOUT THE PAC, PRESIDENT'S ADVISORY
COMMITTEE.
WE SHOULD -- TO PUT THIS ISSUE IN TWO PARTS, ONE IS WHETHER WE NEED THIS
COMMITTEE.
THE SECOND ONE IS HOW WE CAN CONSTRUCT THIS COMMITTEE, I MEAN, WHO ARE THE
MEMBERS OF THIS COMMITTEE, HOW TO FORM THIS COMMITTEE.
BECAUSE, FOR EXAMPLE, THE STRATEGIC PLAN HAS BEEN DISCUSSED MANY, MANY TIMES,
FORUMS, WORKSHOPS, AND OPEN PUBLIC FORUMS AGAIN AND AGAIN FOR YEARS.
SO I DON'T THINK -- THE TRANSPARENCY AND THE EFFICIENCY, THEY ARE
CONTRADICTIONAL.
WE SHOULD THINK ABOUT BOTH OF THEM.
WE CANNOT DO THINGS ENDLESS, LAST A VERY LONG TIME.
SO, IN MY PERSONAL OPINION, A PAC IS NECESSARY, BECAUSE WE HAVE MORE PEOPLE
FOCUSED ON THEM THINKING ABOUT THAT, THAT WE HAVE GOOD EFFICIENCY TO PUT
FORWARD OUR WORK.
AND THE SECOND ISSUE IS HOW TO -- AS VITTORIO AND ANNETTE, THEY ARE CONCERNED
ABOUT THE MEMBERSHIP.
THAT'S A TRUE QUESTION.
SO I THINK THIS SHOULD BE A DIVERSITY OF MEMBERS FROM DIFFERENT COMMUNITIES,
FROM DIFFERENT SUPPORTING ORGANIZATIONS.
AND SO I -- MAY I SUGGEST THAT TO FORM THIS COMMITTEE, WE NEED SOMEBODY TO
RECOMMEND CANDIDATES FROM DIFFERENT PARTS, AND THEN THEY CAN HAVE DIFFERENT
VIEWS ABOUT, FOR EXAMPLE, THE STRATEGIC PLAN.
SO THAT'S -- MAYBE WE STILL CAN HAVE OPINIONS FROM THE PUBLIC, FROM EVERYBODY
TAKEN INTO THIS COMMITTEE, AND TO GIVE THE RESULT TO THE PRESIDENT.
THANK YOU.
>>VINT CERF: THANK YOU, PROFESSOR QIAN.
IT OCCURS TO ME THAT THE PRESIDENT'S ADVISORY COMMITTEE WOULD BE EXPECTED TO
PRODUCE REPORTS.
AND THOSE REPORTS COULD PRESUMABLY BE SHARED SO THAT EVERYONE WOULD, IN FACT,
SEE WHAT THE ADVICE WAS THAT CAME FROM THAT COMMITTEE.
AND, OF COURSE, THAT ADVICE WOULD BE TAKEN INTO ACCOUNT IN THE PRODUCTION OF
A FINAL STRATEGIC PLAN OR OTHER STRATEGIC DOCUMENT.
MR. TURCOTTE.
>>BERNARD TURCOTTE: THANK YOU, VINT.
MEMBERS OF THE BOARD, THANK YOU FOR EXPRESSING THE CONCERN ABOUT THE
MINUTES.
AND I DON'T HAVE A LOFTY QUESTION.
I JUST HAVE A VERY SMALL PRACTICAL QUESTION, JUST TO BE CLEAR.
WILL THE MISSING MINUTES BE PRODUCED?
>>VINT CERF: ABSOLUTELY.
>>BERNARD TURCOTTE: THANK YOU.
>>VINT CERF: I'M SORRY.
MICHAEL IS LEVITATING OUT OF THE CHAIR.
GO AHEAD.
>>MICHAEL PALAGE: THE BYLAWS DO PROVIDE THAT THERE ARE SOME MINUTES THAT WILL
NOT BE PRODUCED, REGARDING PERSONNEL MATTERS.
>>VINT CERF: THANK YOU VERY MUCH.
THERE ARE, INDEED, SUBJECT TO THOSE CONSTRAINTS.
THANK YOU FOR THAT REMINDER, MIKE.
BUT MOST OF THE MINUTES I THINK BERNIE WAS CONCERNED ABOUT HAD SPECIFICALLY
TO DO WITH ALL OF OUR REGULAR MEETINGS, NOT ABOUT PERSONNEL MATTERS.
BUT THANKS FOR THAT REMINDER.
PLEASE GO AHEAD.
>>COLIN JACKSON: THANK YOU, VINT.
I'M COLIN JACKSON.
I'M NOT A LAWYER, AND I'M NOT SUING ANYONE.
I'M PRESIDENT OF INTERNETNZ, THE LOCAL HOST AND THE NEW ZEALAND CCTLD
MANAGER.
[ APPLAUSE ]
>>COLIN JACKSON: YOU'RE VERY KIND.
THANK YOU.
AS AN OPEN MEMBERSHIP, NOT-FOR-PROFIT SOCIETY, WE REPRESENT THE LOCAL
INTERNET COMMUNITY, NOT JUST THE .NZ REGISTRANTS.
LIKE .CA, .NZ CONSIDERED THAT WE HAVE SUPPORTED ICANN VERY STRONGLY BOTH
WITHIN THE INTERNET AND BEFORE OUR GOVERNMENT AND BEFORE GOVERNMENTS IN
GENERAL THROUGH THE WSIS PROCESS AND SUCH LIKE.
MY PURPOSE IN MAKING THIS COMMENT IS JUST TO PLACE ON RECORD INTERNETNZ'S
CONCERNS ABOUT THE VERISIGN SETTLEMENT, SPECIFICALLY ABOUT THE ACCOUNTABILITY
AROUND THAT.
PUBLIC MEETINGS WERE VERY STRONGLY AGAINST THE SETTLEMENT.
AND, OF COURSE, YOU DON'T HAVE TO DO WHAT A MEETING SAYS, BUT YOU DO NEED A
VERY GOOD REASON.
AND WE ALL KNOW THAT THERE ARE REASONS THAT THE BOARD HAS MADE THIS
DECISION.
BOARD MEMBERS MADE THIS VERY CLEAR IN THE STATEMENTS THEY HAVE PUBLISHED.
BUT SOMEHOW, THOSE REASONS DON'T SEEM TERRIBLY ADEQUATE TO MANY PEOPLE IN THE
INTERNET COMMUNITY.
AS THE WORLD IS FULLY AWAY, .NZ STANDS FOR OPEN COMPETITION IN INTERNET
PROVISION.
AND IT WOULD APPEAR THAT THE BOARD'S DECISION HERE IS ALLOWING AN
ORGANIZATION THAT ALREADY HAS SIGNIFICANT MARKET POWER TO INCREASE THAT
POWER, WHICH WILL ULTIMATELY BE IN NOBODY'S INTEREST BUT ITS
SHAREHOLDERS.
SO INTERNETNZ REGRETS THAT A BOTTOM-UP PROCESS LIKE ICANN'S CAN ARRIVE AT A
DECISION LIKE THIS.
THANKS.
>>VINT CERF: THANK YOU VERY MUCH, COLIN.
[ APPLAUSE ]
>>VINT CERF: I THINK THIS IS, I'M SURE, EXPRESSING A POPULAR VIEW, BASED ON
THE APPLAUSE.
I GUESS I WOULD LIKE TO SUGGEST TO YOU THAT ONE OF THE THINGS THAT IS
IMPORTANT FOR EVERY USER OF THE INTERNET IS THAT EVERY SYSTEM THAT IS PART OF
THE INTERNET'S OPERATION OPERATE SUCCESSFULLY AND OPERATE RELIABLY.
AND SPEAKING ONLY FOR MYSELF, I WAS PERSUADED BY THE MATERIALS PRESENTED THAT
VERISIGN PROPOSALS WERE, IN FACT, CONSISTENT WITH THAT VIEW AND THAT THE
FRAMEWORK IN WHICH THIS PARTICULAR AGREEMENT WAS STRUCTURED WAS INTENDED AND,
IN FACT, DOES SUPPLY STABILITY FOR THE USERS OF THE DOT COM AND DOT NET DNS
TOP-LEVEL DOMAINS.
SO I DON'T THINK WE SHOULD FORGET THAT IF ALL THE PIECES OF THE INTERNET
DON'T EFFECTIVELY PAY FOR THEMSELVES, THEY WILL GO AWAY.
AND I DON'T THINK THAT SERVES ANYONE'S INTEREST.
PAUL.
>>PAUL TWOMEY: THANK YOU, VINT.
I WONDER IF I CAN ALSO RESPOND, IF YOU DON'T MIND, ON THAT SAME TOPIC, JUST
TO MAKE THE FOLLOWING OBSERVATION.
NOW I'M SPEAKING AS A BOARD MEMBER.
THERE ARE SOME OF US ON THE BOARD HERE WHO WERE ON THE BOARD WHEN THE SITE
FINDER INCIDENTS STARTS.
AND THERE ARE SOME OF US WHO WERE NOT.
AND THAT'S WHAT HAPPENS WITH OUR BOARD CHANGEOVER.
I HAVE TO SAY THAT ONE OF THE THINGS -- IN THIS WHOLE PROCESS, ONE OF THE
THINGS THAT I PERSONALLY HAVE BEEN SO INCREDIBLY FOCUSED ON WAS ENSURING THAT
THAT SORT OF WALK AWAY -- WALK AWAY, COMPLETELY WALK AWAY FROM THIS SORT OF
SYSTEM, DO WHAT I WANT WITH MY COMPANY, AND VERY, VERY, VERY, VERY NARROWLY
DEFINE WHAT A REGISTRY SERVICE AGREEMENT IS WAS A VERY IMPORTANT PART FOR ME
IN THE DISCUSSION OF TRYING TO DEAL WITH WHAT THE DEFINITION OF REGISTRY
SERVICE WAS AND AS A CONSEQUENCE, FREEDOM TO DO THINGS THAT HAD NO PURVIEW AT
ALL.
I RECOGNIZE ALL THE ISSUES PEOPLE HAVE RAISED.
I'M NOT TRYING TO DISCREDIT THEM.
BUT THAT JUST STRIKES ME IN THE DISCUSSION WE'VE HAD IN THE LAST MONTH OR TWO
THAT THAT PARTICULAR POINT DOESN'T SEEM TO GET DISCUSSED VERY MUCH IN THE
PUBLIC.
AND I THINK IT'S A VERY IMPORTANT POINT IN THIS VERY DIFFICULT PROCESS THAT
WE'VE BEEN THROUGH.
SO I THINK THAT'S VERY ONE POSITIVE OUTCOME.
WE ACTUALLY HAVE, YOU KNOW, REINFORCEMENT OF A VERY WIDE DEFINITION OF
REGISTRY SERVICE, WE DON'T THINK IT'S A WIDE DEFINITION OF REGISTRY
SERVICE.
REINFORCEMENT OF A DEFINITION OF REGISTRY SERVICE THAT WE THINK IS APPLICABLE
AND WHICH ENSURES THAT THAT SORT OF UNILATERALISM HAS GOT -- YOU KNOW, HAS
BEEN SORT OF PROMETHEUS HAS BEEN BOUND.
SO I JUST WANT TO NAUGHT ON THE RECORD.
>>VINT CERF: THANK YOU, PAUL.
SPEAKING OF PUTTING THINGS ON THE RECORD, I HAVE AN ONLINE INPUT WHICH HAS
COME IN FROM A MAN NAMED JEFF FIELD.
HE RAISES A QUESTION FOR ME.
AND I'LL READ THIS TO YOU.
"MY NAME IS JEFF FIELD.
I HAVE A QUESTION FOR THE CHAIRMAN, VINT CERF.
YOU'RE CURRENTLY EMPLOYED BY GOOGLE, WHICH IS, AMONG OTHER THINGS, AN ICANN
AN ACCREDITED REGISTRAR.
IN THE RECENT VOTE TAKEN BY THE BOARD TO SETTLE THE LONGTIME DISPUTE BETWEEN
ICANN AND VERISIGN, WHICH INCLUDED A SET OF AGREEMENTS, ONE OF WHICH IS A NEW
REGISTRY AGREEMENT RELATING TO THE OPERATION OF THE DOT COM REGISTRY, AN
AGREEMENT THAT DIRECTLY IMPACTS REGISTRARS, YOU DID NOT ABSTAIN FROM VOTING,
REGARDLESS OF THE FACT THAT YOUR "YES" VOTE IN THIS INSTANCE WAS PRESUMABLY
DETRIMENTAL TO GOOGLE'S REGISTRAR BUSINESS AND THEREFORE ARGUABLY PROVIDES
SOME SORT OF ETHICS COVER.
IF YOU DID NOT FEEL IT APPROPRIATE TO ABSTAIN FROM THIS PARTICULAR VOTE DUE
TO YOUR EMPLOYMENT WITH AN ICANN-ACCREDITED REGISTRAR, WHAT SORT OF
CIRCUMSTANCES WOULD NEED TO BE PRESENT IN ORDER FOR YOU TO FEEL IT
APPROPRIATE TO ABSTAIN FROM FUTURE VOTES ON MATTERS THAT DIRECTLY IMPACT
REGISTRARS."
LET'S SEE.
FIRST OBSERVATION IS, GOOGLE IS INDEED AN ACCREDITED REGISTRAR.
SECOND OBSERVATION IS, IT DOESN'T REGISTER ANYTHING.
THIRD OBSERVATION IS, THE REASON IT'S A REGISTRAR IS SO THAT IT CAN GET
ACCURATE INFORMATION ABOUT DOMAIN NAMES THAT ARE BEING DELETED.
THE FOURTH OBSERVATION IS, THE PURPOSE FOR THAT IS TO TRY TO REMOVE FROM THE
INDEXES THAT GOOGLE CREATES INFORMATION WHICH IS PROBABLY NO LONGER CORRECT
BECAUSE ONCE THE DOMAIN NAME TRANSFERS OR EXPIRES, ALL OF THE WEB SITES THAT
WERE ASSOCIATED WITH THAT DOMAIN NAME MAY NO LONGER BE REACHABLE, OR, IN
FACT, WORST CASE, IF THEY ARE REACHABLE, THEIR CONTENT MAY HAVE CHANGED
SIGNIFICANTLY, IN WHICH CASE RESCANNING OF THE -- RECRAWLING OF THE WEB SITES
SUPPORTED BY ANY NEW USERS OF THAT DOMAIN NAME IS INDICATED.
IT WAS MY BELIEF, AND I CONSULTED WITH THE CONFLICT-OF-INTEREST COMMITTEE,
THAT THIS DIDN'T CONSTITUTE A SIGNIFICANT CONFLICT OF INTEREST.
IN PARTICULAR, THERE IS NO INCOME ASSOCIATED WITH THE REGISTRATION OR WITH
THE REGISTRAR -- WITH GOOGLE'S POSITION AS A REGISTRAR, NOR DO I HAVE ANY
DIRECT BENEFIT FROM THAT OTHER THAN SIMPLY BEING A PAID EMPLOYEE OF
GOOGLE.
IF THE CONFLICT-OF-INTEREST COMMITTEE WISHES TO REVIEW THIS AGAIN, I'LL BE
HAPPY TO ASK THEM TO DO SO.
BUT IN THE CIRCUMSTANCE, IT WAS NOT CONSIDERED TO BE A MATERIAL CONFLICT.
AND THAT'S MY ANSWER TO THE QUESTION.
SO, SHALL WE GO ON NOW, IF WE CAN, TO REPORTS?
I'M GOING TO -- IT'S NOW 11:20.
WE NOMINALLY WERE SCHEDULED TO GO THROUGH 12:30, INCLUDING SOME ADDITIONAL
COMMENTARY FROM THE FLOOR.
I'M PREPARED TO HAVE THIS SESSION GO BEYOND THE 12:30 TIME.
WE'LL HAVE TO LET SOME PEOPLE KNOW THAT THERE MAY BE SOME CONFLICTS AS A
CONSEQUENCE OF THAT.
BUT LET'S SEE HOW WE DO IN TERMS OF PACING.
TO GO BACK TO THE REPORTS NOW, THE ASO REPORT WOULD BE NEXT.
AND IF SEBASTIAN BELLAGAMBA IS AVAILABLE, I WOULD INVITE HIM TO MAKE THE ASO
REPORT.
I SEE HIM COMING -- OH, IT'S -- RAUL IS GOING TO GIVE THE REPORT INSTEAD.
SO APOLOGIES FOR GETTING THE NAMES WRONG.
DID HE GIVE UP?
OR YOU'RE JUST THERE TO REPLACE HIM?
>>RAUL ECHEBERRIA: HELLO.
THANK YOU, VINT.
AND NO PROBLEM WITH THE CONFUSION.
IN ORDER TO BE CONFUSED WITH MY FRIEND, SEBASTIAN.
THIS IS -- I WILL SPEAK ABOUT THIS -- SORRY.
IT'S OKAY.
I WILL SPEAK QUICKLY ABOUT THE ORGANIZATION OF THE NRO AND THE ASO, AS I WILL
GIVE STATUS ON THE INTERNET NUMBER RESOURCE STATISTICS, AND I WILL TELL YOU
SOMETHING ABOUT THE POLICY DISCUSSION THAT IS BEING HELD IN THE RIRS.
SO LET ME SPEAK ABOUT THE ORGANIZATION.
LOOK THAT WE ARE SPELLING THE WORD IN ACCORDANCE WITH THE LOCAL STANDARD.
THE NRO IS THE ORGANIZATION COMPOSED BY THE FIVE EXISTING RIRS.
IN TOTAL, THE FIVE RIRS SERVE MORE THAN 8,000 NATIONAL REGISTRIES, LOCAL
REGISTRIES, AND ISPS WORLDWIDE.
AND DUE TO THE AGREEMENT SIGNED BETWEEN THE NRO AND ICANN IN OCTOBER 2004,
THE NRO FULFILLS THE ROLE AND RESPONSIBILITIES AND FUNCTIONS OF THE ICANN
ADDRESS SUPPORTING ORGANIZATION.
THE ADDRESS COUNCIL CO EXISTS DUE TO THIS AGREEMENT WITH THE NRO NUMBER
COUNCIL.
THIS NUMBER RESOURCE POLICY ADVISORY BOARD.
THIS COUNCIL IS COMPOSED BY 15 MEMBERS, THREE FROM EACH REGION.
AND THOSE THREE MEMBERS FROM EACH REGION, TWO OF THEM ARE ELECTED AT LARGE BY
THE COMMUNITY, AND ONE OF THEM IS APPOINTED BY EACH RIR BOARD.
IN THE ADDRESS COUNCIL, ALSO PARTICIPATE OBSERVERS FROM THE RIRS AND FROM
ICANN.
THE MEMBERS SERVE FOR THREE YEARS, OF THE ADDRESS COUNCIL SERVE FOR THREE
YEARS.
WHAT THOUGH IS ADVISE ICANN BOARD ON I.P. ADDRESSES AND A NUMBER OF
RESOURCE-RELATED ISSUES.
SELECT TWO BOARD MEMBERS FOR THE ICANN BOARD, AND SELECT ONE REPRESENTATIVE
FOR THE ICANN NOMCOM.
THE ADDRESS COUNCIL IS CURRENTLY COMPOSED BY THOSE 15 PERSONS THAT ARE LISTED
IN THE SLIDE.
THE CHAIR CURRENTLY IS SEBASTIAN BELLAGAMBA FROM ARGENTINA, WHO IS HERE IN
THE ROOM.
CURRENTLY, THE TWO BOARD MEMBERS OF ICANN THAT HAS BEEN APPOINTED BY THE
ADDRESS SUPPORTING ORGANIZATION ADDRESS COUNCIL ARE RAIMUNDO BECA, WHO WILL
SERVE ON THE ICANN BOARD UNTIL MAY OF 2007, AND MOUHAMET DIOP, WHO WILL SERVE
UNTIL JUNE 2006.
THE ADDRESS COUNCIL, THE ACTIVITIES THAT THE ADDRESS COUNCIL ARE PERFORMING
AT THIS MOMENT ARE APPRISING ICANN STAFF OF GLOBAL POLICY PROPOSAL STATUS;
INTERNAL PROCESSES; AND THE SELECTION OF ICANN BOARD MEMBER.
AT THIS MOMENT, THE ADDRESS COUNCIL IS IN THE MIDDLE OF THE PROCESS OF
SELECTING THE PERSON THAT WILL SERVE ON THE ICANN BOARD SINCE JUNE 2006 FOR
THE TERM OF THREE YEARS, REPLACING MOUHAMET DIOP.
THE ADDRESS COUNCIL MEETS MONTHLY BY TELEPHONE AND TWICE A YEAR FACE-TO-FACE
MEETING.
THIS YEAR, THE FACE-TO-FACE MEETING WILL BE HELD IN ISTANBUL, VERY SOON, IN
THE LAST WEEK OF APRIL, DURING THE RIPE 52 MEETING; AND THE SECOND MEETING
WILL BE HELD IN DECEMBER 2006 IN SAO PAULO, TOGETHER WITH THE ICANN
MEETING.
THIS IS SOME INFORMATION ABOUT THE ALLOCATION OF IP ADDRESSES,