[Ccwg-auctionproceeds] New Deadline - 26 July 2019 - input on updated draft Final Report and outstanding questions

Fri Jul 26 18:19:20 UTC 2019

Dear all,

Please find my comments to the report attached.

On the more substantive matters:

1. My preference would be that the CCWG recommend one single mechanism, 
so that work can start as soon as possible. I would be Ok with 
recommending two if we continue to be unable to arrive to an agreement.

2.  As stated by Eliot and Sylvia, we should ensure we bring community 
input into the process. This in my view would enrich any mechanism, A, B 
or C. I support Sylvia's proposal that we outline what that community 
engagement would look like to best inform the work of the implementing 
team (just to be clear, I am talking about the community advisory board 
and an independent evaluation panel). I won't have the chance to review 
the text circulated by Emily today, but will try to do so prior to the 
next meeting on Wednesday.

4. In terms of preferred mechanisms, I incline for Mechanism A. I think 
there is more agreement than we think on the safeguards that we want to 
provide among both supporters of mechanisms A and C: independence, 
cost-efficiency of the mechanism, community engagement. My sense is that 
we should prioritize what allows us to more swiftly get to work, and 
that for whichever mechanism we pick, we ensure those safeguards are in 
place.

Lastly, Emily, the report references the CCWG Agreements by number. 
Could you please circulate the document where all those agreements are 
compiled?

Happy weekend to you all,

Carolina

El 25/7/19 a las 15:03, Alan Greenberg escribió:
> How autonomous an affiliate organization is (that
> is the correct term in lieu of "subsidiary") is
> wholly dependant on its Bylaws and Board composition.
>
> In the case of PTI/IANA, the Board has five
> member, three of who are appointed by ICANN. That
> gives ICANN full control unless a vote needs a supermajority (rare if ever).
>
> Alan
>
>
>
> At 25/07/2019 12:26 PM, Maureen Hilyard wrote:
>> John
>>
>> The point is that ICANN can create a structure/department that can act
>> autonomously
>>
>> On Thu, Jul 25, 2019 at 5:58 AM John Levine <johnl at taugh.com> wrote:
>>> PTI's structure and functions have no
>> relationship to the ccwg's. I do not understand why people keep bringing it up.
>>> PTI does administrative activities under
>> contract to icann and others. It does nothing
>> even a little bit like giving out grants.
>>>
>>>
>>> Autocorrectly,
>>> John
>>>
>>>
>>> -------- Original message --------
>>> From: Maureen Hilyard <maureen.hilyard at gmail.com>
>>> Date: 7/25/19 08:46 (GMT-08:00)
>>> To: marienoemie.marques at orange.com
>>> Cc: Alan Greenberg
>> <alan.greenberg at mcgill.ca>, John Levine
>> <johnl at taugh.com>, CCWG Auction Proceeds <ccwg-auctionproceeds at icann.org>
>>> Subject: Re: [Ccwg-auctionproceeds] New
>> Deadline - 26 July 2019 - input on updated
>> draft Final Report and outstanding questions
>>> Thank you for reminding us of this
>> connection  which we raised as an option to
>> consider very early in our discussions but was ignored.
>>> On Thu, 25 Jul 2019, 5:40 AM , <marienoemie.marques at orange.com> wrote:
>>>> Would it be helpful, just for information, to note that :
>>>> "Public Technical Identifiers (PTI) was
>> incorporated in August 2016 as an affiliate of
>> ICANN, and, through contracts and subcontracts
>> with ICANN, began performing the IANA functions
>> on behalf of ICANN in October 2016."
>>>> -----Message d'origine-----
>>>> De : Ccwg-auctionproceeds
>> [mailto:ccwg-auctionproceeds-bounces at icann.org] De la part de Alan Greenberg
>>>> EnvoyÃ© : jeudi 25 juillet 2019 17:36
>>>> Ã€ : John Levine
>>>> Cc : CCWG Auction Proceeds
>>>> Objet : Re: [Ccwg-auctionproceeds] New
>> Deadline - 26 July 2019 - input on updated
>> draft Final Report and outstanding questions
>>>> B was not an ICANN Subsidiary but some other existing entity that we
>>>> could team up with so that we did not have to re-invent services that
>>>> we could outsource. That being said, I am happy to eliminate it!
>>>> Mechanism A always has the option of outsourcing some of the functions.
>>>>
>>>> BTW, under the California law that we operate under, a Public
>>>> Interest Corp cannot have a "subsidiary", but that is just a
>>>> nomenclature issue.
>>>>
>>>> Alan
>>>>
>>>> At 25/07/2019 01:35 AM, John Levine wrote:
>>>>>> Mechanism B: I presume the phrase "established at a public charity"
>>>>>> should be "established as a public
>>>>>> charity". I do not understand why the issue of tax benefits is
>>>>>> being raised as in our case all of the
>>>>>> money is coming form ICANN which does not pay any taxes. So it
>>>>>> SOUNDS like a benefit but is in fact
>>>>>> meaningless in our case.
>>>>>> It should be made clear that at this point, it is not clear what
>>>>>> parts would be outsourced and what
>>>>>> will be kept within ICANN (except the application evaluation which
>>>>>> must be outsourced).
>>>>> I believe that this is supposed to say that ICANN establishes a
>>>>> captive foundation as a subsidiary.
>>>>>
>>>>> Having done exactly that at ISOC, I can say that for the CCWG's
>>>>> purposes, giving away a one-time pile of money, this mechanism is
>>>>> inferior in every way to mechanism A.  It costs more, takes longer,
>>>>> has a lot more bureaucratic overhead, and can do no more or no less
>>>>> than mechanism A. As Alan notes, it has no tax benefits.  It is a
>>>>> waste of everyone's time to pursue it further.
>>>>>
>>>>> If anyone has a concrete reason why they believe this would be a
>>>>> good idea, and is reasonably familiar with US non-profit tax law so
>>>>> they understand what's involved, I would like to hear about it.
>>>>>
>>>>> R's,
>>>>> John
>>>>>
>>>>> PS: ISOC's situation is quite different and it makes sense for us.
>>>>> If anyone wants details write me privately.
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> _______________________________________________
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> https://mm.icann.org/mailman/listinfo/ccwg-auctionproceeds
> _______________________________________________
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-- 

      Carolina Caeiro

*Coordinadora de Proyectos de Desarrollo*
Coordinator of Development Projects

/www.lacnic.net <http://www.lacnic.net>
Latin American and Caribbean Internet Addresses Registry/

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