ICANN Intellectual Property Constituency

Minutes of the Meeting of the IPCC on March 7, 2003

New York, NY

Scribe: Mike Heltzer.

Present (In Person): Jane Mutimear (Category 1), Presiding; Steve Metalitz (IIPA); Kiyoshi Tsuru (AMPPI alt.); Mark Bohannon (SIIA); Mike Heltzer (INTA); Jonathan Cohen (FICPI); Lee Schroeder (AIPLA); Mike Palage (Category 1); Marty Schwimmer (Category 1); Barbara Solomon (Category 1); Sarah Thornington (Category 1); Faisal Shah (Category 1); Mark Colandra (Category 1); Lisa Cristal (Category 1) Anastasia Zhadina (on behalf of ABA IPL, but with no voting privilege); Brian Darville (on behalf of AIPLA as an observer); and Terry Clark (on behalf of AIPLA as an observer).

Present (Via Telephone): Guillermo Carey (AIPPI alt.); Dwight Olsen (LESI alt.); Susan Anthony (INTA alt.); Lynda Roesch (INTA alt.); Caroline Chicoine (Category 1); and Charles Sha’ban (Category 1).

Names in bold indicate that the organization contributes to the makeup of a quorum.

Guests (Via Telephone): Barbara Simon (ACM), candidate for election to the ICANN Board; Philip Sheppard (AIM), candidate for election to the ICANN Board; and Alejandro Pisanty, candidate for reelection to the ICANN Board.

I Introduction

Ms. Mutimear opened the meeting by welcoming members and guests of the IPC. There was a round of introductions.

II Restructuring of ICANN

A Seat 14 Candidates

1. Ms. Simon spoke first, noting ACM’s experience in the ICANN process and the UDRP, as well as her involvement with the Non-Commercial Constituency. She was questioned about the relationship between the ccTLDs and ICANN, but was unable to answer the question due to limited preparatory time. Mr. Bohannon suggested that written questions be submitted to candidates.

2. Mr. Pisanty was the next candidate to speak, focusing on the ICANN reform effort, which he led. He acknowledged the need to address the tough issues, including Whois and new gTLDs. Mr. Pisanty added that the ICANN / ccTLD relationship is crucial and needs work and that the GAC is on its way to a more effective role. Finally, Mr. Pisanty noted that there is a large challenge on the participation side with respect to the at-large and that that group needs a credible set of speakers.

3. Mr. Sheppard was the next speaker. He pledged to make ICANN more functional, adding that ICANN is doing what it needs to do in the private sector, but not in the public sector. Mr. Sheppard said that he wants to: build consensus on the board; enhance competition in the name space; prevent the need for defensive registrations; and make sure Whois progress is cemented. He also stated that the ICANN / ccTLD relationship needs continued work.

4. Mr. Palage was the final speaker. He stressed his legal background in intellectual property and work within ICANN, including the chairmanship of Working Group B and his leadership of the registrar constituency. Mr. Palage also stated that his professional association with registrars and registries would be an asset on the board, since at present there are no directors with operational experience with the DNS providers. On new gTLDs, Mr. Palage said that what is needed is a set of objective criteria by which applications can be measured. On the new gTLDs introduced in 2000, Mr. Palage provided the following statistics: .info (a little over 1 million names registered) and .biz (not even 1 million names registered).

Mr. Bohannon, the IPC delegate to the nominating committee, provided members with an update of that body’s activities, including the fact that the nominating committee will appoint 8 of 15 board members, 3 of 18 GNSO council representatives, and 5 of 20 at-large positions. The nominating committee will work towards consensus, but if none can be reached, then votes will be taken.

III Election of New IPC GNSO Council Representative

The IPCC unanimously elected Ms. Lynda Roesch to replace J. Scott Evans as an IPC representative on the GNSO Council. Ms. Roesch will likely take her seat at the conclusion of the seat 14 board elections.

IV Whois

Mr. Metalitz reported that the Whois Task Force report had been received by the ICANN Board and that additional reports were to be issued by spin off groups, specifically reports on: screening of data; consistency, uniformity and searchability; and privacy.

Mr. Metalitz stated that public access to Whois in the gTLD space is under attack and that the GAC is likely to become more involved in this issue. He predicted that the Whois issue will be a “full blown agenda item” for the GAC in Montreal.

The IPCC discussed the need to increase engagement on the European level, including the hiring of a data protection expert. Mr. Metalitz moved that the IPCC grant the officers the discretion to hire such an expert. Mr. Bohannon seconded. The vote of the IPCC in favor of this proposal was unanimous.

V Redemption Grace Period and Wait List

Ms Mutimear explained the interim report of the Deletes Taskforce and how the proposals tie in with the Redemption Grace Period, which is now in operation in .com and .net, although in the very early stages and is currently not easy to use.  She explained that the WLS was on hold pending the outcome of the RGP.

VI CCNSO

Mr. Tsuru led the discussion on the progress being made towards the establishment of the CCNSO. He advised that the ccTLDs regard Whois and other IP matters as “local issues” and that the CCNSO will be dealing with “global issues.” It was generally agreed that the CCNSO, despite what the ERC had contemplated, will be a trade association for ccTLDs.

VII New gTLDs

The IPCC briefly discussed the progress of the GNSO Council’s investigation of new gTLDs. There will be a draft report in Rio. Mr. Heltzer agreed to put together a draft position piece for the IPC.

VIII New Members

The IPCC voted to accept the report of the membership committee and admit the following to the IPC: VeriSign (Category 1), Janine Albrecht Webb (Category 1), Luca Escoffier (Category 1), Sudhir Raja Ravindran (Category 1), Arjun Chawla (Category 1), Hector A. Manoff (Category 1), and Barbara A. Solomon (Category 1).

IX Treasurer’s Report

Mr. Bohannon reported that the IPC started 2003 with $27,000 in the bank. He has budgeted for a 30% reduction in income from what the IPC took in last year and figures that the constituency will receive $12,000 to $20,000 in new monies. The IPC will therefore have between $39,000 and $47,000 funds available in 2004.

In terms of expenses, there will be a $5,000 payment to ICANN. Mr. Bohannon has budgeted another $10,000 for ICANN related expenses and $400 for website maintenance. Thirty to $38,000 has not been budgeted.

The IPCC discussed spending roughly $20,000 to $25,000 on the data protection consultant. Mr. Bohannon said that he would like to leave a cushion in the IPC account of $8,000 to $10,000.

The IPCC also discussed picking up the expenses of GNSO Council representatives who attend ICANN meetings. A proposal was put on the table for the IPC to pick up the expenses for one person per meeting. The matter was referred to the IPC officers for further discussion.

X Revised IPC Bylaws

Mr. Heltzer presented the IPCC with a set of revised bylaws. Members of the IPCC provided comments, including the recommendation to provide for proxies, the need for staggered terms of the IPC GNSO Council representatives, and the definition of Category 1 members. Mr. Heltzer is to take these comments into consideration and provide the IPCC with a new set of revised draft bylaws.

XI The IPC Website

The IPCC briefly reviewed the IPC website. Ms. Mutimear stated that she would register www.ipconstituency.org. Ms. Anthony, the IPC webmistress, will now participate in IPC leadership calls.

XII Conclusion

There being no further business, the meeting was adjourned.