[Ccwg-auctionproceeds] [Ext] Re: For your review - updated language in relation to individual appeals mechanism

Sylvia Cadena sylvia at apnic.net
Tue Aug 27 07:47:21 UTC 2019


Thanks Erika. Very hard to do this reviews by following emails, can we see the googledocs with the final working and get people to comment (only comments, not editing or suggesting) so it is easier for Marika and Alan to keep track?

Regards,

Sylvia

________________________________________________________________________

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From: Ccwg-auctionproceeds <ccwg-auctionproceeds-bounces at icann.org> on behalf of Erika Mann <erika at erikamann.com>
Date: Tuesday, 27 August 2019 at 5:10 pm
To: Mary Uduma <mnuduma at yahoo.com>
Cc: "ccwg-auctionproceeds at icann.org" <ccwg-auctionproceeds at icann.org>
Subject: Re: [Ccwg-auctionproceeds] [Ext] Re: For your review - updated language in relation to individual appeals mechanism

Dear Mary -
The leadership will review the latest version and comments received (including your comment from August 27th) and we will circulate an updated text today or tomorrow.

Thank you!
Erika
Sent from my iPhone

On Aug 27, 2019, at 7:10 AM, Mary Uduma via Ccwg-auctionproceeds <ccwg-auctionproceeds at icann.org<mailto:ccwg-auctionproceeds at icann.org>> wrote:
Dear All,
Thank you, Marika, for posting the latest language. Thank you all for the hard work.

It seems to me that the potential conflict of the last sentence in paragraph 1 of the recommendation highlighted by Marilyn and Becky has not been addressed.

This should not necessarily prevent applicants from seeking redress through other means as defined by the mechanism responsible for the disbursement of auction proceeds.

I am sorry if I missed the email clarifying if the sentence adds positive value to the recommendation.

Was it agreed to retain it?

Mary Uduma



On Monday, August 26, 2019, 04:29:47 PM GMT+1, Alan Greenberg <alan.greenberg at mcgill.ca<mailto:alan.greenberg at mcgill.ca>> wrote:


To be clear, I mean to not mention any specific measure by name, or be exhaustive. The reference to no ICANN accountability measures applicable mus reman.

At 26/08/2019 11:08 AM, Alan Greenberg wrote:

I thought there was general agreement to not have the statement on "redress through other means".

Back to Marika's original statement, I would prefer to not mention any ICANN reconsideration process, or to be exhaustive (including reconsideration and the Ombudsman).

Alan

At 26/08/2019 10:26 AM, Judith Hellerstein wrote:


Hi MARIKA,

Thanks so much for that additional insight. I had thought they did follow each other as your email had not indicated they would be in separate parts of the report.  In this case I have revised the wording as follows. Also if we are using the term Board in one place we need to be consistent and so I deleted the word "Icann".  If we want to use state ICANN Board int he later half of the sentence than we should use it also in the earlier instance.  We should be consistent in the terms we are using

The CCWG agreed that appropriate measures should be taken to exclude applicants applying for Auction Proceeds from using ICANN accountability measures such as IRP. The reason for this recommendation is that the Board decision in any review context would be in relation to the overall program’s disbursement of funds based on the recommendations of the independent evaluation panel, and not a result of the Board's assessment of an individual application. This should not necessarily prevent applicants from seeking redress through other means as defined by the mechanism responsible for disbursement of auction proceeds.

Best,

Judith


_________________________________________________________________________

Judith Hellerstein, Founder & CEO

Hellerstein & Associates

3001 Veazey Terrace NW, Washington DC 20008

Phone: (202) 362-5139  Skype ID: judithhellerstein

Mobile/Whats app: +1202-333-6517

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Judith at jhellerstein.com<mailto:Judith at jhellerstein.com>

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Linked In:

<http://www.linkedin.com/in/jhellerstein/>

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Opening Telecom & Technology Opportunities Worldwide




On 8/26/2019 10:04 AM, Marika Konings wrote:

Thanks, Judith but deleting the last sentence from the first paragraph removes the rationale for the CCWG’s recommendation to not provide access to ICANN accountability mechanisms such as IRP. It may be important for readers to have this context to understand the CCWG’s recommendation? Also as a reminder, these two paragraphs do not immediately follow each other in the report.

Best regards,

Marika

From: Ccwg-auctionproceeds <ccwg-auctionproceeds-bounces at icann.org><mailto:ccwg-auctionproceeds-bounces at icann.org> on behalf of Judith Hellerstein <judith at jhellerstein.com><mailto:judith at jhellerstein.com>
Organization: Hellerstein & Associates
Reply-To: "judith at jhellerstein.com"<mailto:judith at jhellerstein.com> <judith at jhellerstein.com><mailto:judith at jhellerstein.com>
Date: Friday, August 23, 2019 at 16:13
To: "ccwg-auctionproceeds at icann.org"<mailto:ccwg-auctionproceeds at icann.org> <ccwg-auctionproceeds at icann.org><mailto:ccwg-auctionproceeds at icann.org>
Subject: Re: [Ccwg-auctionproceeds] [Ext] Re: For your review - updated language in relation to individual appeals mechanism


Dear Marika

I have re-written the first paragraph to make it more understandable and clear.  There is no need for the last two sentences of the first paragraph as they are contained in the second and are very clear there. I think this give a better write up of what was discussed  and makes it more succinct and clear

The CCWG after having reviewed how other organizations deal with appeal, discussed whether an appeals mechanism should be available for applicant not selected
but agreed that this would not be a feasible option. Instead it recommends that applicants not selected be given educational materials to assist them with filling out applications for future rounds and also be given the details on when this round will be open. Both selected applicants and non-selected applicants should be invited to participate and provide any feedback they may have on how the program can be further improved.

Best,

Judith


_________________________________________________________________________




Judith Hellerstein, Founder & CEO




Hellerstein & Associates




3001 Veazey Terrace NW, Washington DC 20008




Phone: (202) 362-5139  Skype ID:

judithhellerstein




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Worldwide







On 8/23/2019 10:50 AM, Marika Konings wrote:
Thanks all for your input. The updated language would read as follows:

The CCWG discussed whether an appeals mechanism should be available for applicant not selected and/but agreed that this would create a level of complexity that was deemed not desirable or necessary, after having reviewed how other organizations deal with appeals. Instead, it is the expectation that applicants not selected [should receive further details about where information can be found about the next round of applications as well as any educational materials that may be available to assist applicants]. would receive feedback as part of the response to their application outlining the reasons for why their application was not selected. Also, in the context of the regular review of the mechanisms, both selected applicants and non-selected applicants should be invited to participate and provide any feedback they may have on how the program can be further improved. The CCWG did agree that appropriate measures should be taken that would exclude applicants from using ICANN accountability measures such as IRP. The reason for this recommendation is that the Board decision in this [any review] context would be in relation to the [overall program’s] disbursement of funds based on the recommendations of the independent evaluation panel and not as a result of the ICANN’s Board assessment of an individual application. This should not necessarily prevent applicants from seeking redress through other means as defined by the mechanism responsible for disbursement of auction proceeds.
CCWG Recommendation #NEW: Applicants should not have access to ICANN accountability mechanisms such as IRP to challenge a decision from the independent evaluation panel to not approve their application, but applicants not selected [should receive further details about where information can be found about the next round of applications as well as any educational materials that may be available to assist applicants].  [not selected should receive feedback as part of the response to their application outlining the reasons for why their application was not selected].
Best regards,

Marika

From: Becky Burr <becky.burr at board.icann.org><mailto:becky.burr at board.icann.org>
Date: Thursday, August 22, 2019 at 11:36
To: Marilyn Cade <marilynscade at hotmail.com><mailto:marilynscade at hotmail.com>
Cc: "maarten.botterman at board.icann.org"<mailto:maarten.botterman at board.icann.org> <maarten.botterman at board.icann.org><mailto:maarten.botterman at board.icann.org>, Marika Konings <marika.konings at icann.org><mailto:marika.konings at icann.org>, "ccwg-auctionproceeds at icann.org"<mailto:ccwg-auctionproceeds at icann.org> <ccwg-auctionproceeds at icann.org><mailto:ccwg-auctionproceeds at icann.org>
Subject: [Ext] Re: [Ccwg-auctionproceeds] For your review - updated language in relation to individual appeals mechanism

agree with Marilyn's proposed changes

On Thu, Aug 22, 2019 at 1:25 PM Marilyn Cade <marilynscade at hotmail.com<mailto:marilynscade at hotmail.com> > wrote:
Agreeing with Maarten.
If people can misunderstand, they will! It is just human nature, made more complex by multiple languages.

🙂
I am going a little further with a slight adjustment to the present language/but it is only a
POSSIBLE REVISION: HIGHLIGHTED/AND IN CAPS. Deletions in [ ].


The reason for this recommendation is that the Board decision in [this] ANY REVIEW context would be in relation to the OVERALL PROGRAM'S disbursement of funds based on the recommendations of the independent evaluation panel

________________________________
From: Ccwg-auctionproceeds < ccwg-auctionproceeds-bounces at icann.org<mailto:ccwg-auctionproceeds-bounces at icann.org>> on behalf of maarten.botterman at board.icann.org<mailto:maarten.botterman at board.icann.org> < maarten.botterman at board.icann.org<mailto:maarten.botterman at board.icann.org>>
Sent: Thursday, August 22, 2019 10:40 AM
To: 'Marika Konings' <marika.konings at icann.org<mailto:marika.konings at icann.org> >
Cc: ccwg-auctionproceeds at icann.org<mailto:ccwg-auctionproceeds at icann.org> < ccwg-auctionproceeds at icann.org<mailto:ccwg-auctionproceeds at icann.org>>
Subject: Re: [Ccwg-auctionproceeds] For your review - updated language in relation to individual appeals mechanism

Dear Marika,

Just to avoid new confusion, it may be good to be crisp clear in your text that neither Board nor Org will be evaluating and making determinations on individual applications, this is the role of the Independent Panel.

When you say below:

The reason for this recommendation is that the Board decision in this context would be in relation to the disbursement of funds based on the recommendations of the independent evaluation panel and not as a result of the ICANN’s Board assessment of an individual application.

It may happen that people who have not intensely followed the process *could* get the impression that the Board would assess individual applications, and we will not.

Thanks

Maarten

From: Ccwg-auctionproceeds < ccwg-auctionproceeds-bounces at icann.org<mailto:ccwg-auctionproceeds-bounces at icann.org>> On Behalf Of Marika Konings
Sent: Wednesday, 21 August 2019 23:42
To: ccwg-auctionproceeds at icann.org<mailto:ccwg-auctionproceeds at icann.org>
Subject: [Ccwg-auctionproceeds] For your review - updated language in relation to individual appeals mechanism

Dear CCWG,

Thanks all for your input and suggestions in relation to the proposed language concerning the individual appeals mechanism. Hereby for your review updated language (in bold and brackets) which aims to reflect the input received during today’s meeting. As also noted, staff will review the latest draft of the report and insert in the appropriate place implementation guidance that would recommend that appropriate informational materials are developed and provided to assist applicants. If you have any further comments, concerns or suggestions, please share these by Friday 23 August at the latest.

Proposed text for inclusion in the Final Report in relation to an individual appeals mechanism:

The CCWG discussed whether an appeals mechanism should be available for applicant not selected and/but agreed that this would create a level of complexity that was deemed not desirable or necessary, after having reviewed how other organizations deal with appeals. Instead, it is the expectation that applicants not selected [should receive further details about where information can be found about the next round of applications as well as any educational materials that may be available to assist applicants]. would receive feedback as part of the response to their application outlining the reasons for why their application was not selected. Also, in the context of the regular review of the mechanisms, both selected applicants and non-selected applicants should be invited to participate and provide any feedback they may have on how the program can be further improved. The CCWG did agree that appropriate measures should be taken that would exclude applicants from using ICANN accountability measures such as IRP. The reason for this recommendation is that the Board decision in this context would be in relation to the disbursement of funds based on the recommendations of the independent evaluation panel and not as a result of the ICANN’s Board assessment of an individual application. This should not necessarily prevent applicants from seeking redress through other means as defined by the mechanism responsible for disbursement of auction proceeds.
CCWG Recommendation #NEW: Applicants should not have access to ICANN accountability mechanisms such as IRP to challenge a decision from the independent evaluation panel to not approve their application, but applicants not selected [should receive further details about where information can be found about the next round of applications as well as any educational materials that may be available to assist applicants].  [not selected should receive feedback as part of the response to their application outlining the reasons for why their application was not selected].
Best regards,

Marika

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

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