[Ccwg-auctionproceeds] Auction Proceeds Mechanism A - Internal Department at ICANN

Erika Mann erika at erikamann.com
Sat Nov 16 09:29:25 UTC 2019

Very valid points Anne. We will put these items  - like the others we received - on the list of items we need to consider in our next leadership call and our CCWG AP call. In the meantime we will try to get more legal clarity about the points you raised in this email.

Thank you!

Sent from my iPhone

> On Nov 16, 2019, at 1:41 AM, Aikman-Scalese, Anne <AAikman at lrrc.com> wrote:
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> On the topics of “Accountability” and “Best Practices”, has anyone looked at whether the grant-making function placed inside an internal department of ICANN would be subject to review under the Empowered Community Accountablity rules?  On page 10 of the current draft, there is a bullet point called “On-going costs only in Mechanism A – Management and support of ICANN’s accountability mechanisms triggered by the grant distribution activity (if any.)” 
> In terms of risk assessment, I really can’t see the grant-making process being subject to the Empowered Community accountability procedures.  On the other hand, I don’t know that the EC will readily accept amending the ByLaws for purposes of getting the grant-making outside the EC process.   This is especially true in that all the Accountability work was done in CCWGs in two lengthy work-streams.   I apologize if this was previously discussed by the CCWG – doing my best to catch up.
> If we think that the ByLaws would need to be amended not only to remove the availability of the Request for Reconsideration (RFR) and the Independent Review Panel (IRP), but also to be amended to state that the power given to the Empowered Community does not apply to such grant-making, then we should say so in the  Proposed Final Report.
> Has legal advice been provided as to whether the formation of an independent foundation might avoid the need to amend the ICANN ByLaws with respect to IRP, RFR, and Empowered Community provisions?
> Thank you,
> Anne
> <image002.png>
> Anne E. Aikman-Scalese
> Of Counsel
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