Minutes | Meeting of the Board Accountability Mechanisms Committee (BAMC) | 17 September 2024

BAMC Attendees: Becky Burr, Sarah Deutsch, Patricio Poblete, and León Sánchez (Chair)

ICANN organization Attendees: Franco Carrasco (Board Operations Manager), Samantha Eisner (Deputy General Counsel), Casandra Furey (Associate General Counsel), John Jeffrey (General Counsel and Secretary), Elizabeth Le (Deputy 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 Committee Chair conducted a conflicts of interest check.  The BAMC discussed next steps regarding the economic analysis "regarding the current domain name system (DNS) marketplace with respect to the market power of .INFO and .ORG" (economic report) and the Namecheap IRP Panel's recommendations, pursuant to Board Resolution 2023.06.11.07.  The BAMC noted that the economic report, Namecheap's response to the economic report, and the economist's supplemental written report have been published on ICANN's website.  The Committee discussed options relating to the Namecheap IRP Panel's recommendations and asked ICANN org to prepare a draft recommendation, in accordance with the BAMC's discussions, for the Committee's consideration.
   • Actions: ICANN org to prepare draft recommendation for the Committee's consideration.
3. Fundamental Bylaws Amendment – Update and Next Steps – The BAMC received an update regarding the Fundamental Bylaws amendment process.  During the Public Comment period that closed on 16 September 2024, ICANN received nine public comments (including one shortly after the close of the forum) relating to the proposed amendment to Article 4, Sections 4.2 and 4.3 of the ICANN Bylaws, which ICANN org noted were all supportive of the proposed amendment.  ICANN org explained that the next steps are preparing a summary of the public comments and then coming back to the BAMC to provide a recommendation to the Board on amending the Fundamental Bylaws.  The Committee also discussed the lessons learned during the path of development of this proposed amendment to the Fundamental Bylaws.
   • Actions: BAMC to continue discussion of the matter.
4. Litigation Update – The Committee received a litigation update.