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

Wed Aug 28 15:08:17 UTC 2019

*Becky - leadership is in discussion about this item. You echo concerns
raised by Mart- and I do share these concerns. Staff is planning to send an
updated Draft Final Report on Friday, and leadership will evaluate today
and tomorrow the language related to this particular item. *
*Kind regards, *
*Erika*

On Fri, Aug 23, 2019 at 5:43 PM Becky Burr <BBurr at hwglaw.com> wrote:

> Will both paragraphs be included or just the second?  If both, what does
> this sentence mean: "This should not necessarily prevent applicants from
> seeking redress through other means as defined by the mechanism responsible
> for disbursement of auction proceeds."
>
>
> Does this mean the independent evaluation panel would be permitted to
> create redress mechanisms?  Is that what is intended?
>
>
> J. Beckwith Burr
>
> HARRIS, WILTSHIRE & GRANNIS LLP
>
> 1919 M Street NW/8th Floor
>
> Washington DC 20036
>
> 202.730.1316 (P) 202.352.6367 (M)
>
>
> ________________________________
> From: Ccwg-auctionproceeds <ccwg-auctionproceeds-bounces at icann.org> on
> behalf of Marika Konings <marika.konings at icann.org>
> Sent: Friday, August 23, 2019 10:50:50 AM
> To: Becky Burr; Marilyn Cade
> Cc: ccwg-auctionproceeds at icann.org
> Subject: Re: [Ccwg-auctionproceeds] [Ext] Re: For your review - updated
> language in relation to individual appeals mechanism
>
> 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>
> Date: Thursday, August 22, 2019 at 11:36
> To: Marilyn Cade <marilynscade at hotmail.com>
> Cc: "maarten.botterman at board.icann.org" <maarten.botterman at board.icann.org>,
> Marika Konings <marika.konings at icann.org>, "ccwg-auctionproceeds at icann.org"
> <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 Corporation
> for Assigned Names and Numbers (ICANN)
>
> Email: marika.konings at icann.org<mailto:marika.konings at icann.org>
>
>
>
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