Minutes | Meeting of the Board Accountability Mechanisms Committee (BAMC) | 17 October 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), and Elizabeth Le (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. Further Consideration of the Namecheap IRP Final Declaration Per Board Resolution 2023.06.11.07 – Sarah Deutsch recused herself from the discussion, out of an abundance of caution to avoid any perception of a conflict of interest. Pursuant to Board Resolutions 2023.01.21.09 and 2023.06.11.07, the Committee has reviewed and considered materials relevant to this matter including, but not limited to, the Namecheap IRP Panel's Final Declaration, the economic analysis "regarding the current domain name system (DNS) marketplace with respect to the market power of .INFO and .ORG" (economic report), Namecheap's response to the economic report, and the economist's supplemental written report. At its 17 September 2024 meeting, the Committee requested that ICANN org provide the Committee with a draft recommendation to the Board, in accordance with the BAMC's discussions, for the Committee's consideration. At the BAMC's 17 October 2024 meeting, ICANN org, in response to the BAMC's request, presented the Committee with the proposed recommendations regarding next steps relating to the Namecheap IRP Final Declaration that the BAMC had discussed and agreed upon at its 17 September meeting. After careful consideration, the Committee approved the recommendations regarding next steps and requested that ICANN org provide those recommendations to the Board for its consideration.
   • Actions: ICANN org to prepare relevant materials for Board consideration.
3. Consideration of Fundamental Bylaws Amendment to Bylaws Article 4, Sections 4.2 and 4.3 – Patricio Poblete recused himself from the discussion, out of an abundance of caution to avoid any perception of a conflict of interest. ICANN org presented the Committee with a summary of the public comments received during the Public Comment proceeding that closed on 16 September 2024 relating to the proposed amendment to Article 4, Sections 4.2 and 4.3 of the ICANN Bylaws. ICANN org also presented the Committee with a proposed recommendation regarding the amendment and explained that, if the Board approves the amendment, then the amendment would proceed to the Empowered Community for approval during ICANN81. ICANN org also explained that the Board's approval of the amendment would rescind Board Resolutions 2023.10.26.11 – 2023.10.26.12. Following discussion, the Committee approved the recommendation for Board consideration.
   • Actions: ICANN org to prepare relevant materials for Board consideration.
4. Litigation Update – The Committee received a litigation update.