Historical Resolution Tracking Feature » 2012-08-28 - BGC Recommendation on Reconsideration Request 12-2
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2012-08-28 - BGC Recommendation on Reconsideration Request 12-2
The Board adopts the BGC recommendation to deny Reconsideration Request 12-2, and directs the Secretary to amend the Whereas clause precedent to Resolution 2012.05.06.02 so as to remove the suggestion of a blanket prohibition of publication of Whois data for individual registrants, and to more accurately reflect the scope of the amendment to the .CAT Registry Agreement.
- Amend the Whereas clause precedent to Resolution 2012.05.06.02 so as to remove the suggestion of a blanket prohibition of publication of Whois data for individual registrants
- Responsible entity: Secretary
- Due date: None provided
- Completion date: September 2012
Whereas, the Board Governance Committee has reviewed Reconsideration Request 12-2 submitted by the Intellectual Property Concerns Constituency concerning the Board's 6 May 2012 decision on Fundacio puntCAT's RSEP Request regarding the publication of Whois data for certain registrations within the .CAT Registry (http://www.icann.org/en/groups/board/documents/resolutions-06may12-en.htm#1.2).
Whereas, the BGC recommends that Reconsideration Request 12-2 should be denied.
Whereas, Reconsideration Request 12-2 and the BGC's recommendation have been posted on the ICANN website athttp://www.icann.org/en/groups/board/governance/reconsideration.
Resolved (2012.08.28.06), the Board adopts the recommendation of the BGC that Reconsideration Request 12-2 be denied, as the request did not identify any material information that the Board failed to take into consideration when taking its 6 May 2012 decision.
Resolved (2012.08.28.07), the Board directs the Secretary to amend the Whereas clause precedent to Resolution 2012.05.06.02 so as to remove the suggestion of a blanket prohibition of publication of Whois data for individual registrants, and to more accurately reflect the scope of the amendment to the .CAT Registry Agreement that was requested and approved.
ICANN's Bylaws call for the Board Governance Committee to evaluate and make recommendations to the Board with respect to Reconsideration Requests. See Article IV, section 3 of the Bylaws. The Board has reviewed and thoroughly considered the BGC's recommendation with respect to Reconsideration Request 12-2 and finds the analysis sound.
The Board also agrees that it is essential to ICANN's accountability and transparency to assure that the wording within resolutions accurately reflects the scope of the decisions undertaken by the Board. Here, a "whereas" clause within Resolution 2012.05.06.02 was identified as overstating the bounds of the amendment requested and approved by the Board. It is therefore in accordance with ICANN's commitment to accountability to direct a change to the "whereas" clause to better reflect the scope of the amendment sought and granted. The modification of the "whereas" clause does not have any impact on the actual scope of the Board's 6 May 2012 decision.
Having a Reconsideration process whereby the BGC reviews and makes a recommendation to the Board for approval positively affects the transparency and accountability of ICANN. It provides an avenue for the community to ensure that staff and the Board are acting in accordance with ICANN's policies, Bylaws and Articles of Incorporation. Adopting the BGC's recommendation has no financial impact on ICANN and will not negatively impact the systemic security, stability and resiliency of the domain name system.
- Information on Reconsideration Request 12-2 is available at http://www.icann.org/en/groups/board/governance/reconsideration
- Information on the RSEP Request is available at http://www.icann.org/en/resources/registries/rsep
- The resolution does not address funding for the items identified therein.