[Ccwg-auctionproceeds] [Ext] RE: Comments due by Friday 15 November - latest version of proposed Final Report

Marika Konings marika.konings at icann.org
Fri Nov 15 15:13:25 UTC 2019


Hi Anne,

Staff’s understanding is that this is dependent on whether the CCWG decides to recommend 1 or more mechanisms for ICANN Board consideration. It is expected that following the survey, there will be hopefully further clarity around the group’s preference in this regard. Should the CCWG decide to recommend only 1 mechanism, this wording may need to be updated to reflect that? Of course, CCWG members and participants are encouraged to weigh in if they have a different understanding.

Best regards,

Marika

From: "Aikman-Scalese, Anne" <AAikman at lrrc.com>
Date: Thursday, November 14, 2019 at 15:46
To: Marika Konings <marika.konings at icann.org>, "ccwg-auctionproceeds at icann.org" <ccwg-auctionproceeds at icann.org>
Cc: Marilyn Cade <marilynscade at hotmail.com>
Subject: RE: [Ext] RE: Comments due by Friday 15 November - latest version of proposed Final Report

Thanks Marika,
Does the rest of the language re the CCWG anticipating that the Board will conduct a feasibility assessment mean that such a study will be conducted regardless of the mechanism recommended by the CCWG after the survey results are received?    Is there some reason that the Board will be conducting this study itself rather than the CCWG supervising the feasibility assessment?

Again, my concern is risk to the Board if the selection of the mechanism is not squarely within the bottom-up MSM policy process.  A feasibility assessment to evaluate the mechanisms at the direction of the Board could be an issue in this regard.
Anne

From: Marika Konings <marika.konings at icann.org>
Sent: Thursday, November 14, 2019 2:20 PM
To: Aikman-Scalese, Anne <AAikman at lrrc.com>; ccwg-auctionproceeds at icann.org
Cc: Marilyn Cade <marilynscade at hotmail.com>
Subject: Re: [Ext] RE: Comments due by Friday 15 November - latest version of proposed Final Report

[EXTERNAL]
________________________________
Hi Anne, all,

I believe this is something the CCWG agreed to at a fairly early stage of its deliberations and has been further explained in the context of the response to charter question #4:

Charter Question #4: What aspects should be considered to define a timeframe, if any, for the funds allocation mechanism to operate as well as the disbursements of funds? E.g. The timeframe for the operation of this new mechanism may provide the opportunity for long term support, or for funding to be released in tranches linked to milestone achievements, single or multiple disbursements.

(…)

The CCWG's focus is on the Auction Proceed funds that are currently available without any assumption that additional funds will become available in the future. The role of this CCWG is to identify and to evaluate possible mechanisms to disburse funds received through auctions from the 2012 gTLD application round. Therefore, the CCWG has focused on developing recommendations that will enable the disbursement of the funds in an effective and judicious manner without creating a perpetual mechanism (i.e. not being focused on preservation of capital).

(…)

CCWG Recommendation #6: The selected mechanism must be implemented to enable the availability of funds for a specific round as well as the disbursement of the funds for selected projects in an effective and judicious manner without creating a perpetual mechanism (i.e. not being focused on preservation of capital).

I hope this is helpful.

Best regards,

Marika

From: "Aikman-Scalese, Anne" <AAikman at lrrc.com<mailto:AAikman at lrrc.com>>
Date: Thursday, November 14, 2019 at 14:58
To: 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>>
Cc: Marilyn Cade <marilynscade at hotmail.com<mailto:marilynscade at hotmail.com>>
Subject: [Ext] RE: Comments due by Friday 15 November - latest version of proposed Final Report

Thanks Marika.  It seems there may have been a change from the version  I previously reviewed in Section 4.1 regarding the “Mechanisms Identified”.   I am asking for clarification in relation to this language on page 8:

“In considering these recommendations, the CCWG anticipates that the ICANN Board may conduct a feasibility assessment which provides further details on these aspects so that the Board can take an informed decision about supporting the most appropriate mechanism. Such an assessment will have to factor in that it concerns a limited time mechanism with the ability to sunset as the CCWG is recommending against creating a perpetual mechanism.”

I am struggling a bit with this recommendation against a perpetual mechanism given the deliberations of Subsequent Procedures.  I am a member of that Working Group and we are settling on continuing the auctions process with some “tweaks”, e.g. the possibility of requiring applicants identified in string contention to submit sealed bids without knowing who the other applicants are.

In any case, it appears clear that Sub Pro policy will favor auctions as an ongoing tool of “last resort” in connection with string contention.  So I wonder how this policy work from Sub Pro was considered in relation to the deliberations of the Auction Proceeds CCWG.  (This may not have been settled at the time the CCWG was deliberating on this issue.)

I”ll get any other comments out by Friday but this one was a threshold question for me regarding assumptions and the consequences for the upcoming survey on the mechanisms.

Thank you,
Anne
(CSG Rep to Auction Proceeds)

Anne E. Aikman-Scalese

Of Counsel

520.629.4428 office

520.879.4725 fax

AAikman at lrrc.com<mailto:AAikman at lrrc.com>

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From: Ccwg-auctionproceeds <ccwg-auctionproceeds-bounces at icann.org<mailto:ccwg-auctionproceeds-bounces at icann.org>> On Behalf Of Marika Konings
Sent: Friday, November 8, 2019 11:55 AM
To: ccwg-auctionproceeds at icann.org<mailto:ccwg-auctionproceeds at icann.org>
Subject: [Ccwg-auctionproceeds] Comments due by Friday 15 November - latest version of proposed Final Report

[EXTERNAL]
________________________________
Dear CCWG,

Please find attached for your review the latest version of the proposed Final Report in which staff has incorporated the changes discussed during Wednesday’s meeting. As per the timeline discussed (see below), please flag any issues, concerns or proposed edits by Friday 15 November at the latest.

Best regards,

Marika

Action

Proposed Timing

Updated version of proposed Final Report circulated addressing changes discussed during today’s meeting

8 November 2019

Review by CCWG – final opportunity to flag any issues of concern

15 November 2019

Leadership to reconcile any issues (possible call if needed)

By 23 November 2019

Launch indicative survey

25 November 2019

Close indicative survey

1 December 2019

Staff to update report in line with survey results and publish for public comment

8 December 2019

Publish for public comment

16 December 2019

Close of public comment period (consider extending by 1 or 2 weeks to factor in holiday period)

27 January 2020

Review of public comments

Feb – March 2020

Finalize report for submission to Chartering Organizations

April 2020


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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