ICANN Resolutions » ccNSO Bylaws Amendments – Consideration of Standard Bylaws Amendments to Article 10 of the ICANN Bylaws
Important note: The Board Resolutions are as reported in the Board Meeting Transcripts, Minutes & Resolutions portion of ICANN's website. Only the words contained in the Resolutions themselves represent the official acts of the Board. The explanatory text provided through this database (including the summary, implementation actions, identification of related resolutions, and additional information) is an interpretation or an explanation that has no official authority and does not represent the purpose behind the Board actions, nor does any explanations or interpretations modify or override the Resolutions themselves. Resolutions can only be modified through further act of the ICANN Board.
Whereas, Article 10 and Annex B of the Bylaws governs the Country-Code Names Supporting Organization (ccNSO), and the ccNSO Policy-Development Process (ccPDP), respectively.
Whereas, since the launch of the Internationalized Domain Name (IDN) country code top-level domain (ccTLD) Fast Track Process in 2009, some countries and territories may have multiple ccTLDs, which can each be operated through different ccTLD managers. The current ICANN Bylaws defining membership in the ccNSO do not clearly identify a membership and voting structure when there are multiple ccTLD managers within the same country or territory.
Whereas, to support the inclusion of ccTLD managers for IDN ccTLDs, as well as improvements arising from the second Organizational Review of the ccNSO (ccNSO2 Review), the ccNSO Council has proposed changes to Article 10 and Annex B of the ICANN Bylaws.
Whereas, on 28 October 2021, pursuant to the Standard Bylaws amendment process at Article 25, Section 25.1(b) of the ICANN Bylaws, the ICANN Board approved the posting of these proposed Bylaws amendment for public comment.
Whereas, the proposed Bylaw amendments were posted for public comment from 21 January 2022 – 2 March 2022. All public comment submissions were supportive of the proposed amendments and did not raise any concerns requiring further proposed changes.
Whereas, the Board Organizational Effectiveness Committee recommends the approval of the Bylaws changes related to the ccNSO, as posted for public comment.
Resolved (2022.05.01.07), pursuant to Section 25.1 of the ICANN Bylaws, the Board approves the amendments to Bylaws Article 10 and Annex B as posted for public comment, and directs the ICANN President and CEO, or his designee, to continue with the Standard Bylaws amendment process for these sections of the Bylaws.
The Board is taking this action today to approve amendments to the ICANN Bylaws at the request of the ccNSO. Since the launch of the IDN ccTLD Fast Track Process in 2009, some countries and territories may have multiple ccTLDs, which can each be operated through different ccTLD managers. Prior to today's action by the Board, however, the ICANN Bylaws defining membership in the ccNSO did not clearly identify a membership and voting structure when there are multiple ccTLD managers within the same country or territory. The changes approved by the Board address the need to allow Internationalized Domain Name (IDN) country code top-level domain (ccTLD) managers to become members of the ccNSO if they choose to do so. The changes also address issues of definition of membership and voting rights when there are multiple ccTLD managers from the same country or territory and are important to the continued effectiveness of ccNSO processes.
Additionally, the Bylaw amendments support the organizational reviews required under Section 4.4 of the ICANN Bylaws. The second Country Code Names Supporting Organization Review (ccNSO2 Review) commenced in August 2018. The independent examiner conducting the review produced a final report that was published in August 2019. The ccNSO2 Review Working Party, based on its detailed review of the independent examiner's final report, prepared a Feasibility Assessment and Implementation Plan (Feasibility Assessment). The Feasibility Assessment was approved the ccNSO Council on 24 June 2020. The Bylaw amendments support certain improvements arising from the ccNSO2 Review.
The changes are the result of extensive consultations with the members of the ccNSO. As well, the ccNSO leadership coordinated with ICANN Org's Legal department on the substance of the amendments. As required by Article 25, Section 25.1, prior to approval of a Standard Bylaw Amendment by the ICANN Board, a draft of the Standard Bylaw Amendment was published for public comment. All public comment submissions were supportive of the proposed amendments to Article 10 and Annex B of the Bylaws.
Today's action does not pose any identified fiscal impact, nor does it impact the security, stability or resiliency of the Internet's DNS. This action serves ICANN's mission in ensuring the stable and secure operation of the Internet's unique identifier systems through supporting the continued evolution of the governance of the ccNSO. In addition, this action supports the accountability mandates of organizational review process, as the changes to the Bylaws are in support of the ccNSO2 Review. This Board action is in the public interest as following the Bylaws-mandated amendment process supports ICANN's multistakeholder community and allows ICANN to remain accountable to its Bylaws-mandated mechanisms.