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

Emily Barabas emily.barabas at icann.org
Sat Jul 27 20:09:48 UTC 2019


Hi Carolina,

Thanks very much for sharing this input, which is being compiled with the other feedback received.

You can find the CCWG Agreements document here: https://community.icann.org/download/attachments/102138829/new%20gTLD%20AP%20CCWG%20Agreements%20-%20updated%206%20June%202019.docx?version=1&modificationDate=1560325341000&api=v2.

It is also available at the bottom of this wiki page: https://community.icann.org/display/CWGONGAP/Initial+Report+Public+Comment+Review.

Kind regards,
Emily

From: Ccwg-auctionproceeds <ccwg-auctionproceeds-bounces at icann.org> on behalf of Carolina Caeiro <carolina at lacnic.net>
Date: Friday, 26 July 2019 at 20:21
To: "ccwg-auctionproceeds at icann.org" <ccwg-auctionproceeds at icann.org>
Subject: Re: [Ccwg-auctionproceeds] New Deadline - 26 July 2019 - input on updated draft Final Report and outstanding questions


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><mailto: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><mailto:maureen.hilyard at gmail.com>

Date: 7/25/19 08:46 (GMT-08:00)

To: marienoemie.marques at orange.com<mailto:marienoemie.marques at orange.com>

Cc: Alan Greenberg

<alan.greenberg at mcgill.ca><mailto:alan.greenberg at mcgill.ca>, John Levine

<johnl at taugh.com><mailto:johnl at taugh.com>, CCWG Auction Proceeds <ccwg-auctionproceeds at icann.org><mailto: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><mailto: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

Envoyé : jeudi 25 juillet 2019 17:36

À : 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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