ICANN Bylaws

The ICANN Bylaws are the internal rules set forth for ICANN by the ICANN Board.

The Bylaws in full can be found here. A summary of each section is as follows:

Article 1. Mission and Core Values

• 1.1 Mission

To coordinate the global Internet's system of identifiers (domain names/DNS, IP Addresses, AS numbers, and protocol port and parameter numbers), and ensure that the system is stable and secure.

• 1.2 Core Values
  • Preserve and enhance operational stability, reliability, security, and global interoperability of the Internet.
  • Respect the innovation, creativity, and flow of information made possible by the Internet, not interfering with such
  • Delegate to other relevant entities when appropriate
  • Seek and support broad, informed participation in ICANN activities
  • Depend on market mechanisms to promote and sustain industry competition
  • Introduce and promote competition in regards to domain name registration
  • Employ open and transparent policy development mechanisms
  • Make decisions neutrally, objectively, and fairly
  • Act with speed while also ensuring all effective parties are provided the opportunity to input
  • Remain accountable for the Internet community
  • Despite being a private sector organization, respect input from public sector, including governments or other public authorities

Article 2. Powers

• 2.1 General Powers

The Board shall either exercise or observe the exercising of ICANN's powers. It acts with a majority vote.

• 2.2 Restrictions

ICANN is not a domain name registry, registrar, or IP address registry.

• 2.3 Non-Discriminatory Treatment

ICANN shall not discriminate against any party.

Article 3. Transparency

• 3.1 Purpose

ICANN and its constituent bodies shall act in an open, transparent, and fair manner.

• 3.2 Website

ICANN shall maintain a publicly accessible website

• 3.3 Manager of Public Information

There shall be a staff position titled Manager of Public Information, whose duty it is to coordinate the various aspects of public participation, under direction of the President.

• 3.4 Meeting Notices and Agendas

At least seven days prior to a Board Meeting, notice of the meeting and its agenda must be posted.

• 3.5 Minutes and Preliminary Reports

All minutes of Board and Supporting Organizations meetings shall be compiled promptly, approved by the originating body, and forwarded to the ICANN Secretary for posting on the website.

In no later than two business days, any resolutions passed by the Board shall be made publicly available on the website, except in special circumstances.

In no later than seven business days, any actions taken by the Board as result of a meeting shall be made publicly available on the website, except in special circumstances.

In no later than one day after they are approved, meeting minutes shall be made publicly available on the website, except in special circumstances.

• 3.6 Notice and Comment on Policy Actions

ICANN must provide public notice on the website of policies and policy changes being considered and the reasoning behind them, at least twenty-one days prior to any action being taken. Resonable opportunities for public comment must be made prior to Board action. In the cases where policy action affect public policy concerns, the opinion of the GAC must be requested and heeded.

When practical, an in-person public forum must be held for the discussion of proposed policy in accordance with Section 6(1)(b) of these Bylaws.

After taking action, the Board must make public the meeting minutes, including the vote of each Director and any public statement they wish to include.

• 3.7 Translation of Documents

ICANN shall facilitate the translation of final public documents into the appropriate languages, as appropriate and to the extend possible given the organization's budget.

Article 4. Accountability and Review

• 4.1 Purpose

This article sets forth the processes for reconsideration and independent review of ICANN's actions and the periodic review of ICANN's structure and procedures, in a way that reinforces ICANN's core values as stated in Article 1, and transparency as stated in Article 3 of these Bylaws.

• 4.2 Reconsideration

ICANN shall have a process by which a person or entity can request review or reconsideration of an action that they have been affected by.

A person or entity may submit a Reconsideration Request if he/she/it has been adversely affected by staff actions or inactions that contradict existing policy; or if an action or inaction by the ICANN Board resulted in the failure to consider submitted materials.

The Board shall designate a Board Governance Committee, whose responsibility shall be to evaluate Reconsideration Requests.

ICANN shall absorb the normal administrative costs of a Reconsideration Request. In the case of determined extraordinary costs, the party seeking reconsideration shall have the opportunity to either withdraw the request or bear the cost.

All Reconsideration Requests must be submitted by email within 30 days of the action or inaction requiring reconsideration.

All Reconsideration Requests shall be posted publicly on the website.

The BCG may request information from the Board, the requesting party, or a third party.

The BCG must submit its considerations to the Board within ninety days of the request's submission, unless impractical. The final recommendation shall be posted on the website.

The Board is not required to follow the considerations of the BCG. The Board's decision shall be posted on the website.

The BCG shall submit an anual summary of all Reconsideration Requests

• 4.3 Independent Review of Board Actions

In addition to the above reconsideration review policy, ICANN shall have a separate process for the third-party review of Board actions allegedly inconsistent with the Bylaws.

Any person materially affected by Board decision or action that is inconsistent with the Bylaws may file for an independent review of that decision or action.

Such requests shall be referred to the Independent Review Panel (IRP), which shall be operated by an independent, international arbitration provider (IRP Provider)

The IRP Provider shall establish operating rules and procedures, subject to the approval of the ICANN Board.

The IRP may request further information from the party seeking review, the ICANN Board, Supporting Organizations, or other parties.

Individuals holding an official postion or office within the ICANN structure are not eligible to serve on the IRP.

Proceedings shall be conducted via email or by other Internet means in order to keep review costs down. When necessary, the IRP may hold telephone meetings.

The IRP shall make its declarations in writing. All petitions, claims, and declarations shall be posted on the website when they become available. The IRP may discretionarily deign to keep certain information confidential, at the submitting party's request.

IRP declarations shall be considered at the next Board Meeting.

• 4.4 Periodic Review of ICANN Structure and Operations

The Board shall enact the periodic review of the performance and operation of each Supporting Organization, each Supporting Organization Council, each Advisory Committee (other than the Governmental Advisory Committee, which shall provide its own review mechanisms), and the Nominating Committee. The review shall be conducted by an entity or entities independent from the organization under review.

These reviews shall be conducted no less frequently than every five years.

The results of these reviews shall be posted on the website for public comment, which shall be considered by the Board at the next opportunity.