[Ccwg-auctionproceeds] Fwd: Board reply to CCWG-AP

Alan Greenberg alan.greenberg at mcgill.ca
Tue Sep 5 00:50:52 UTC 2017


I do not think that anyone is proposing that we 
do ANYTHING that will endanger ICANN, and we all need to be diligent on that.

However, it is far from clear that we do that by 
taking on projects that ICANN itself could not 
within its mission. If all that we can do is 
CLEARLY within its mission, then we may as well 
just put the money into ICANN's operational 
budget and save ourselves a lot of work in this 
CCWG, and a lot of cost administering projects 
that we could just allow ICANN itself to oversee.

There is a difference between being prudent and being wise.

Alan

At 04/09/2017 05:04 PM, Anthony Harris wrote:

>I agree with this statement from James. Too much can be risked
>if this runs off the tracks.
>
>Tony Harris
>
>On Mon, Sep 4, 2017 at 4:05 PM, James Gannon 
><<mailto:james at cyberinvasion.net>james at cyberinvasion.net> wrote:
>
>I agree to a point Erica.
>
>
>
>And allow me to be slightly less diplomatic for a moment,
>
>
>
>I think what the crux of the issue is is that 
>many people have seen the potential impact of 
>the 250m in the fund and have amazing ideas on 
>the impact that that may have. However what we 
>have lost sight of is the fact that that fund 
>pales in comparison to the value that ICANN 
>derives from being secure and stable. In my own 
>personal opinion any steps by any groups to 
>make, allow or encourage ICANN to act outside of 
>its very carefully crafted mission must be pushed back on by the community.
>
>
>
>We have just exited a very stressful and 
>impactful 3 years where we battled to wrest 
>control of ICANN to the community, and one of 
>the greatest battles we fought was to enshrine a 
>limited mission into ICANNs bylaws to apply to 
>everything and anything ICANN does. To many 
>across ICANN was one of the hardest fought 
>battles we had. And we cannot as the ICANN 
>community immediately put that back at risk (And 
>yes I do feel that disbursing the auction funds 
>outside of the mission would do that) and 
>threaten to turn back on 3 years of work for the 
>potential impact of 250m USD. The value we gain 
>from not doing that and having a stable 
>coordinator of the DNS is much much greater than 
>any impact the auction funds could have.
>
>
>
>If in fact we are going to reopen the mission 
>discussion we should seriously look at putting 
>the auction fund in a high interest bearing 
>account for 10 years and come back to this topic 
>when the community is ready for another 
>discussion about ICANNs mission and where the funds can be disbursed to.
>
>
>
>From: Erika Mann [mailto:erika at erikamann.com]
>Sent: 04 September 2017 19:20
>To: Daniel Dardailler <<mailto:danield at w3.org>danield at w3.org>
>Cc: Jon Nevett <jon at donuts.email>; James Gannon 
><<mailto:james at cyberinvasion.net>james at cyberinvasion.net>; 
><mailto:ccwg-auctionproceeds at icann.org>ccwg-auctionproceeds at icann.org
>Subject: Re: [Ccwg-auctionproceeds] Fwd: Board reply to CCWG-AP
>
>
>
>Dear Daniel, James, Jon, Olawale, All -
>
>
>
>personally I believe we open a can of worms if 
>we're going to bring is to the full CCWG to find 
>a solution. We will only postpone the decision 
>and will postpone therefore the implementation phase of the fund.
>
>
>
>I rather hope that we can find a diplomatic 
>solution, a solution that will satisfy the 
>'mission statement' concept but will on the 
>other hand bring sufficient flexibility to the 
>table to allow project evaluators in the future 
>to utilize maximum flexibilities.
>
>
>
>The 'open Internet' concept, if it's turned into 
>a introductory paragraph, will help evaluators 
>to understand the broader framing of the mission 
>statement within a defined Open Internet concept.
>
>
>
>BTW I do not agree that the current ICANN budget 
>allows to support truly important projects, for 
>example in the security and software area. And, 
>so much more could be done in certain training 
>areas, for example DNS software engineering, in 
>particular if one would like to see greater 
>participation in/from developing countries.
>
>
>
>Thank you for your comments!
>
>
>
>Kind regards,
>
>Erika
>
>
>
>On Mon, Sep 4, 2017 at 7:40 PM, Daniel 
>Dardailler <<mailto:danield at w3.org>danield at w3.org> wrote:
>
>On 2017-09-04 19:08, Jon Nevett wrote:
>
>I agree with James here and don't think that the Board's position is a
>paradox.  The ICANN org already is doing what it thinks it can do to
>support the ICANN mission based on its current financial position.
>
>
>Is the current financial position of ICANN 
>really an impediment to what ICANN wants to do 
>in support of its mission ? I was under the 
>impression that ICANN's budget was healthy 
>enough to implement its mission optimally today, 
>with also a large untouched pot coming from the 
>new gTLD application process (unused legal costs if I understand correctly).
>
>That doesn't mean that the ICANN community couldn't do more to support
>the mission with use of the auction proceeds.
>
>
>How is it different to give away the funds to 
>the ICANN community (for projects aligned with 
>the ICANN mission) vs. to give them back to the 
>board directly, given that the board is driven by the community ?
>
>Moreover, will the board/ICANN community accept 
>to delegate some of their responsibility to 
>implement the ICANN mission to some external 
>grantees ? Not without a clear control process 
>IMO, which means ICANN will certainly have to 
>manage the granting process itself (adding an 
>intermediary foundation would raise too high the 
>risks of funding doing bad things for ICANN/its mission).
>
>
>
>
>
>Best, Jon
>
>
>On Sep 4, 2017, at 12:38 PM, James Gannon 
><<mailto:james at cyberinvasion.net>james at cyberinvasion.net> wrote:
>
>Yes agreed that this is the most crucial part of 
>the response! But I think what the board is 
>saying (And indeed what I have mentioned a few 
>times) is that the funds are restricted by the 
>ICANN mission and core values, and thus to look 
>at disbursements outside of that, the mission 
>and core values must be changed, which being 
>very honest is not something that will happen in 
>the short or medium term future and certainly 
>not within the lifetime of this CCWG.
>
>-James
>
>-----Original Message-----
>From: 
><mailto:ccwg-auctionproceeds-bounces at icann.org>ccwg-auctionproceeds-bounces at icann.org 
>[mailto:ccwg-auctionproceeds-bounces at icann.org] On Behalf Of Daniel Dardailler
>Sent: 04 September 2017 17:23
>To: Erika Mann <<mailto:erika at erikamann.com>erika at erikamann.com>
>Cc: <mailto:ccwg-auctionproceeds at icann.org>ccwg-auctionproceeds at icann.org
>Subject: Re: [Ccwg-auctionproceeds] Fwd: Board reply to CCWG-AP
>
>Thanks Erika.
>
>To me, the important bit is this one:
>  ".. If the CCWG is dissatisfied with the 
> restrictions that the enumerated mission 
> statement places on the outcomes of the 
> CCWG’s work, that is a fundamental question 
> for the ICANN community to resolve, as the 
> ICANN Board is holding the organization to the 
> mission that the ICANN community developed 
> through the Enhancing ICANN Accountability process"
>
>I think our current discussions on Open Internet 
>description shows a consensus in our group wrt 
>to the mission enumerated statement being too 
>limited (i.e. only DNS, IP, protocols) for the scope we foresee.
>
>If we can get consensus on this point, then we 
>can start making a case in front of the ICANN 
>community that the auction funds are special for various reasons:
>
>   - they are supposed to be used outside of the 
> ICANN regular operational budget, but are 
> legally restricted to be spent only on these 
> operational items (mission listing). That's a paradox in itself.
>   - they are supposed to be used for the good 
> of the Internet (which we are turning into "in 
> support of the Open Internet"), which is a 
> concept not limited to the ICANN mission
>   - they are a one time event and extending the 
> scope of their granting beyond the ICANN 
> limited mission will not endanger the ICANN mission and role itself.
>   - ICANN doesn't live in a vacuum and there is value to ICANN (and its
>mission) to do a scope extension for these funds
>   - ICANN's first commitment, in the By-Laws: 
> "Preserve and enhance the administration of the 
> DNS and the operational stability, reliability, 
> security, global interoperability, resilience, 
> and openness of the DNS and the Internet"
>    covers our vision of scope extension pretty 
> well since it can be read as "Preserve and 
> enhance .. the operational stability, 
> reliability, security, global interoperability, 
> resilience, and openness of ... the Internet".
>
>
>On 2017-09-04 16:29, Erika Mann wrote:
>
>Dear All -
>
>herewith I'm forwarding Steve's reply to our letter.
>
>We will have a first exchange on Thursday this week, during our CCWG
>AP call. I send Steve already a quick reply, saying that we will
>discuss the Board letter then for the first time.
>
>Best,
>Erika
>
>---------- Forwarded message ----------
>From: STEVE CROCKER 
><<mailto:steve.crocker at board.icann.org>steve.crocker at board.icann.org>
>Date: Sun, Sep 3, 2017 at 3:19 PM
>Subject: Board reply to CCWG-AP
>To: Erika Mann 
><<mailto:erika at erikamann.com>erika at erikamann.com>, 
>Ching Chiao <<mailto:chiao at brandma.co>chiao at brandma.co>,
>Marika Konings <<mailto:marika.konings at icann.org>marika.konings at icann.org>
>Cc: Steve Crocker 
><<mailto:steve.crocker at board.icann.org>steve.crocker at board.icann.org>, 
>Marika Konings
><<mailto:marika.konings at icann.org>marika.konings at icann.org>, 
>Icann-board ICANN <<mailto:icann-board at icann.org>icann-board at icann.org>,
>Avri Doria <<mailto:avri at apc.org>avri at apc.org>, "Sarah B. Deutsch"
><<mailto:sarahbdeutsch at gmail.com>sarahbdeutsch at gmail.com>, Board Operations
><<mailto:Board-Ops-Team at icann.org>Board-Ops-Team at icann.org>, Sally Costerton
><<mailto:sally.costerton at icann.org>sally.costerton at icann.org>, Samantha Eisner
><<mailto:Samantha.Eisner at icann.org>Samantha.Eisner at icann.org>, 
>Lauren Allison <<mailto:lauren.allison at icann.org>lauren.allison at icann.org>
>
>Dear Erika and Ching,
>
>Thank you for your letter received on May 22, 2017 on behalf of the
>Cross Community Working Group on New gTLD Auction Proceeds (CCWG-AP)
>in response to the Board email of March 2nd 2017.
>
>On behalf of the Board, I am delighted to see that we are aligned in
>our thinking regarding the points discussed in the original email.
>Specifically, in response to your letter, please find attached a
>letter including additional acknowledgements and requested
>clarifications.
>
>Thank you again for your efforts leading this work.
>
>Steve
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