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  • Category:  gTLDsTopic: New gTLD Auctions (replace this text with one of the following categories: Administration/Budget, ccTLD, gTLD, IP, ICANN Structure, International Agreement)
  • Topic: (replace this text with a keywords from title)
  • Board meeting date: 12 February 2009
  • Resolution number: 2009-02-12-001
  • URL for Board minutes/resolution: http://www.icann.org/en/minutes/minutes-12feb09.htm
  • Status: (replace this text with: Completed, Ongoing, Suspended)

Summary

Board directed Staff to prepare a preliminary paper on using auctions as part of the new gTLD application process.

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 (replace this text with the a one-sentence summary of the resolution)

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Auction:

The Chairman notes that there is still considerable discussion about auction. He thinks that others with better options than auctions should bring them, and without other proposal auction is the default. Raimundo Beca thinks default should be auctions, but before deciding it we should be clear what we will do with cash we get from auctions. Harald Alvestrand and Bruce Tonkin agrees.

The Chairman noted that there should be more explanation. State that we will look at others, although other types of distribution can be gamed, just as auction can be. Determine what happens with funds. Bruce Tonkin noted that if we have a random selection, people will just put in more applications.

Rita Rodin Johnson said wouldn't that just get us to same result? SC noted that maybe you would get to the same result, but seeking more applications is a less efficient and less clear way to getting to right answer. Steve Goldstein noted that the general counsel has provided privileged advice regarding legality of some mechanisms that must be considered.

Bruce Tonkin agreed and noted that .BIZ got involved in a law suit when its random selection process was considered by some to be a lottery.. Why not reserve name forever.

Bruce Tonkin noted that it we use this as a blocking mechanism, it would encourage people to submit applications with the intent of blocking a competitor getting a name.. He asked if we can we put something out that ICANN is considering establishing arms length fund and if staff can prepare preliminary paper on mechanism of foundation.

The Chairman asked staff to prepare preliminary discussion on that, include taking it out for public comment. Doug Brent asked if we could publish position about auctions, with indication that it is just our current thinking. And other areas, not current resolution. The Chairman noted that we can state that we waiting for a better proposal.

Rita Rodin Johnson is uncomfortable with auction as they favor the wealthier applicants. She does not think it is fair. She would like to see legal arguments in favor of the various positions..

Bruce Tonkin countered that auction gives certainty.

The Board then reached the following conclusions from the discussion:

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2) A resolution on the issues surrounding the need to resolve contending identical string applications. It was noted by Board Members that there had been considerable discussion on auctions as the mechanism for string contentions and other possible mechanisms. The Board members discussed the need to understand how proceeds from any auctions might be dealt with before it could be considered further. Following this discussion, the Chairman asked whether it would be appropriate to direct staff to prepare a preliminary paper and proposed the following resolution, which was moved by Bruce Tonkin and seconded by Steve Goldstein:]

It is hereby resolved (2009-02-12-001), that Staff is directed to prepare a preliminary paper setting forth possible guidelines for a foundation or other mechanism that might be established to appropriately deal with the proceeds that might result from auctions.

The board unanimously passed this resolution by a voice vote.

3) On other topics where there was insufficient time for a full discussion, it was agreed that the proposed positions could be set out in the guidebook and publication documents and that this would allow for additional public comments to be considered.

The Meeting was adjourned at 23.10 UTC.


Implementation Actions

  • Provide Board with preliminary paper
    • Responsible entity: ICANN New gTLD Staff
    • Due date: None specified.
    • Completion date: TBD

Other Related Resolutions

  • TBD

Additional Information

  • No additional funding provided.

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  • (replace this text with specific Action Item)
    • Responsible entity: (replace this text with the responsible entity: ICANN department, ICANN Community Structure, Board, U.S. Department of Commerce)
    • Due date: (replace this text with Due Date)
    • Completion date: (replace this text with Date action was implemented, if different from due date)
  • (replace this text with specific Action Item)
    • Responsible entity: (replace this text with the responsible entity: ICANN department, ICANN Community Structure, Board, U.S. Department of Commerce)
    • Due date: (replace this text with Due Date)
    • Completion date: (replace this text with Date action was implemented, if different from due date)

Other Related Resolutions

  • (replace this text with links to related resolutions)

Additional Information

  • (replace this text with any additional notes related to this resolution, i.e. funding considerations)

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