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

[Samantha Eisner]

Thanks Anne.  For clarity as we look internally at the potential Bylaws changes that could be needed, when you are considering the potential for a Bylaws change to confirm that the EC's power "does not apply to such grant-making?", are there particular reserved powers that the EC holds to which you are referring? However the mechanism is formed (funding a supporting foundation through tranches or having an internal disbursement mechanism), there might be a need to consider the EC's ability to reject a budget/plan on the basis of ICANN fulfilling the program based on the CCWG's recommendations.  Are there other powers that you are also seeing as impacted?


____

Samantha Eisner

Deputy General Counsel, ICANN

12025 Waterfront Drive, Suite 300

Los Angeles, California 90094

USA

Direct Dial: +1 310 578 8631

________________________________
From: Ccwg-auctionproceeds <ccwg-auctionproceeds-bounces at icann.org> on behalf of Aikman-Scalese, Anne <AAikman at lrrc.com>
Sent: Friday, November 15, 2019 4:41 PM
To: ccwg-auctionproceeds at icann.org
Subject: [Ccwg-auctionproceeds] Auction Proceeds Mechanism A - Internal Department at ICANN


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


[cid:image002.png at 01D59BDA.42F5F9D0]
Anne E. Aikman-Scalese

Of Counsel

520.629.4428 office

520.879.4725 fax

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

_____________________________

[cid:image004.png at 01D59BDB.ED85F520]

Lewis Roca Rothgerber Christie LLP

One South Church Avenue, Suite 2000

Tucson, Arizona 85701-1611

lrrc.com [lrrc.com]<https://urldefense.proofpoint.com/v2/url?u=http-3A__lrrc.com_&d=DwMF-g&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=w1jlqVWntmqtI5dedIDLQ6uBxH_Jh-uBee_4imohzko&m=DB8yNqLg_VqhhcXk1GxpNXumrdQT6mErx0DIjhck6KM&s=SBsm27n-ReSszAO1_7uGCSHeddEWktj0EgGVJh1tdgc&e=>

[cid:image006.jpg at 01D59BDB.ED85F520]

Because what matters

to you, matters to us.(tm)




________________________________

This message and any attachments are intended only for the use of the individual or entity to which they are addressed. If the reader of this message or an attachment is not the intended recipient or the employee or agent responsible for delivering the message or attachment to the intended recipient you are hereby notified that any dissemination, distribution or copying of this message or any attachment is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to the sender. The information transmitted in this message and any attachments may be privileged, is intended only for the personal and confidential use of the intended recipients, and is covered by the Electronic Communications Privacy Act, 18 U.S.C. §2510-2521.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/ccwg-auctionproceeds/attachments/20191118/9a56924e/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.gif
Type: image/gif
Size: 70 bytes
Desc: image001.gif
URL: <http://mm.icann.org/pipermail/ccwg-auctionproceeds/attachments/20191118/9a56924e/image001-0001.gif>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 42464 bytes
Desc: image002.png
URL: <http://mm.icann.org/pipermail/ccwg-auctionproceeds/attachments/20191118/9a56924e/image002-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.png
Type: image/png
Size: 6538 bytes
Desc: image004.png
URL: <http://mm.icann.org/pipermail/ccwg-auctionproceeds/attachments/20191118/9a56924e/image004-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image006.jpg
Type: image/jpeg
Size: 2461 bytes
Desc: image006.jpg
URL: <http://mm.icann.org/pipermail/ccwg-auctionproceeds/attachments/20191118/9a56924e/image006-0001.jpg>