Minutes | Meeting of the Board Accountability Mechanisms Committee (BAMC) | 8 June 2024

BAMC Attendees: Becky Burr, Patricio Poblete, León Sánchez (Chair), and Katrina Sataki

BGC Apologies: Sarah Deutsch

ICANN organization Attendees: Franco Carrasco (Board Operations Manager), Samantha Eisner (Deputy General Counsel), Casandra Furey (Associate General Counsel), Elizabeth Le (Associate General Counsel), and Amy Stathos (Deputy General Counsel).

The following is a summary of discussions, actions taken and actions identified:

1. Agenda review – The Chair reviewed the agenda for the meeting.
2. Consideration of the Economic Analysis and Response Per Board Resolution 2023.06.11.07 – The BAMC discussed next steps in the consideration of the economic analysis "regarding the current domain name system (DNS) marketplace with respect to the market power of .INFO and .ORG” pursuant to Board Resolution 2023.06.11.07. The BAMC noted that the economic report has been published on ICANN's website and Namecheap submitted its response to the analysis.  The BAMC agreed to send Namecheap’s response and any questions that the Committee members may have regarding the economic report to the economist to address in a supplemental written response.
   • Actions:
     • BAMC members to provide questions to org that they may have by 30 June 2024.
     • ICANN org to provide Namecheap’s response and any questions from the BAMC members to the economist.
3. Next Steps on Fundamental Bylaws Amendment Process on Community Modification of Accountability Mechanisms – The BAMC received an update on the next steps on the Fundamental Bylaws amendment process after public comment. The Committee discussed paths forward given the community dissatisfaction with the Fundamental Bylaws amendment as posted insofar as it is not specifically addressing Recommendation 7 of the Cross-Community Working Group on Auction Proceeds (CCWG-AP), which recommends that accountability mechanisms not be available to challenge decisions related to individual grant applications.  The BAMC noted that the Board should consider specifically amending the Bylaws on the Reconsideration and Independent Review processes once the CCWG-AP’s Recommendation 7 is updated as has been discussed with the CCWG-AP chartering organizations.
   • Actions: BAMC to continue discussion of the matter.

4. Litigation Update – The Committee received a litigation update.