[Ccwg-auctionproceeds] Notes and action items of CCWG Auction Proceeds Meeting

Thu Mar 16 13:27:45 UTC 2017

Dear All,

Please find below the notes and action items from yesterday’s meeting. For those of you that were not able to attend, you can find the recording of this session here: https://schedule.icann.org/event/9npe/ccwg-new-gtld-auction-proceeds-cross-community-working-group-meeting.

The next meeting of the CCWG Auction Proceeds WG has been scheduled for Thursday 30 March at 14.00 UTC.

Best regards,

Marika

New gTLD Auction Proceeds CCWG Meeting – 15 March 2017

Welcome & Introductions

·         Recap of the agenda

·         Introductions by WG members / participants (incl. a number of observers). Brief explanation in relation to the make up of the CCWG (members, participants and observers).

·         Requirement to participate for members and participants to provide a declaration of interest.

·         CCWG members and participants to ensure that DOI remain up to date and flag if changes are made that warrant updates to the * status as needed.

·         See intro slides presented during the meeting.

Action item #1: Staff to review DOI and indicate with * all those that have responded ‘yes’ to question 6 of the DOI.

Recap & continuation of Briefing on ICANN’s legal & fiduciary constraints and ICANN’s mission, including Q&A

•         Start of the conversation, likely to come back to some of the issues discussed in the presentation throughout the WG’s deliberations
•         Guidelines/proposed principles:
•         1. Consistency with ICANN’s Mission as set out in the Bylaws (covered in further detail in previous meeting)
•         2. Private Benefit Concerns (covered in further detail in previous meeting)
•         3. Must not be used for political activity: ICANN is barred from any activity that intervenes in a political campaign for a candidate for public office. This includes not providing funds to a separate organization that intervenes in a campaign. Charter includes requirement that proceeds cannot be provided to organizations that intervene in campaigns for candidates (US or outside of US). This is a ‘trail’ down requirement - need to ensure that proceeds down the line are not provided for this purpose.
•         4. Should not be used for lobbying activities - ICANN engages in a small amount of activity that is classified as lobbying, which in the US focuses on attempts to influence legislation. If ICANN provides funds to other organization that engages in lobbying activities, such activities would be considered ICANN’s. CCWG could impose requirement that all recipients agree to this commitment as part of the grant process. Where is the line, especially looking across jurisdictions? There may be a number of objective criteria that could be identified - such as registrations as a lobbyist.
•         5. Conflict of interest considerations - taking decisions without conflict of interest is paramount. ICANN is prohibited from benefitting insiders to ICANN. Appropriate limitations include prohibitions auction proceeds being awarded to business that are owned in whole or in part by ICANN board members, executives or staff or their family members. Community conflict of interest concerns should also be takin into account. What will be the separation between those making the recommendations and those eligible for award? What segregation of duties or commitments from participants in the CCWG might be appropriate? May not be possible to draw a firm line at this stage of the process, but very important to keep this as an ongoing conversation and be transparent about it.
•         6. Procedural Concerns - ICANN will always be responsible for making sure that funds are provided to the appropriate organization both in confirmation of mission and in making sure that funds are provided in a manner consistent with ICANN’s 501(c)(3) status.  Number of things that the CCWG can do: make transparent assessment of how the recommendations service ICANN’s mission, considerations of use of established mechanisms for disbursement of funds, as opposed to calling for development of untested mechanisms, recommendations that enhance transparency.
•         7. Financial and Fiduciary Concerns: the Board and Officers of ICANN hold fiduciary duties to the organization to make sure that self-dealing does not occur and their private interests are not benefited through ICANN’s decision making and actions. The process through which funds will be disbursed must happen as transparently as possible, without conflict, and based on complete information. ICANN will maintain an ongoing audit function over the distribution process; there is an ongoing governance role.

ICANN Board Letter to the CCWG

•         Letter has been broken up in a structured way to allow for a structured response by the Board

•         Volunteers to review comments received to date and develop a proposed response for CCWG review

•         In relation to point four, the work of this group is to set a direction / objective for what the use of the funds are and what the criteria for success are.
•         Collective drafting of response
•         Some of the issues in the letter may conflict what is currently in the charter?
•         Need to confirm timeline for drafting a response. Leadership team to confirm timeline during next meeting.

Action item #2: Staff to post table as a google doc.

Action item #3: CCWG encouraged to review board letter and add any comments/questions to the template that may be missing.

Survey result

·         See summary results circulated

·         CCWG members review results and indicate if any info is missing or whether there is disagreement with the majority positions ahead of the next meeting

·         WG to review reorganized charter questions and start thinking about order of questions

Action item #4: CCWG members to review survey results and to indicate whether there is disagreement with the majority positions ahead of the next meeting.

Next meeting:

·         30 March at 14.00 UTC

·         Note meeting has been adjusted by one hour to accommodate the different time zones. Likely to be the new meeting time going forward.

Marika Konings
Vice President, Policy Development Support – GNSO, Internet Corporation for Assigned Names and Numbers (ICANN)
Email: marika.konings at icann.org<mailto:marika.konings at icann.org>

Follow the GNSO via Twitter @ICANN_GNSO
Find out more about the GNSO by taking our interactive courses<http://learn.icann.org/courses/gnso> and visiting the GNSO Newcomer pages<http://gnso.icann.org/sites/gnso.icann.org/files/gnso/presentations/policy-efforts.htm#newcomers>.

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