[Dt-cwg-auctionproceeds] For your review - updated charter

Wed Jun 1 10:26:23 UTC 2016

Marika, thanks, I added few points as well.

Best,
Erika

On Wed, Jun 1, 2016 at 12:13 PM, Jonathan Robinson <jrobinson at afilias.info>
wrote:

> Thanks Marika,
>
>
>
> I have reviewed in some detail and provided a series of edits / comments
> in the attached red-line version.
>
>
>
> Jonathan
>
>
>
> *From:* Marika Konings [mailto:marika.konings at icann.org]
> *Sent:* 30 May 2016 14:02
> *To:* dt-cwg-auctionproceeds at icann.org
> *Subject:* [Dt-cwg-auctionproceeds] For your review - updated charter
>
>
>
> Dear All,
>
>
>
> Please find attached for your review an updated version of the draft
> charter taking into accounts the comments and edits discussed during
> Tuesday’s meeting (see below). Note that I have removed the comments from
> Alan that (hopefully) have been addressed by the edits made. You are
> encouraged to add any further comments and/or edits you may have to this
> version.
>
>
>
> The next meeting has been scheduled for Thursday 2 June at 13.00 UTC.
>
>
>
> Best regards,
>
>
>
> Marika
>
> *Marika Konings*
>
> Senior Policy Director & Team Leader for the GNSO, Internet Corporation
> for Assigned Names and Numbers (ICANN)
>
> Email: marika.konings at icann.org
>
>
>
> *Follow the GNSO via Twitter @ICANN_GNSO*
>
> *Find out more about the GNSO by taking our interactive courses
> <http://learn.icann.org/courses/gnso> and visiting the GNSO Newcomer pages
> <http://gnso.icann.org/sites/gnso.icann.org/files/gnso/presentations/policy-efforts.htm#newcomers>.*
>
>
>
> *From: *<dt-cwg-auctionproceeds-bounces at icann.org> on behalf of Marika
> Konings <marika.konings at icann.org>
> *Date: *Thursday 26 May 2016 at 08:22
> *To: *"dt-cwg-auctionproceeds at icann.org" <dt-cwg-auctionproceeds at icann.org
> >
> *Subject: *[Dt-cwg-auctionproceeds] Notes & Action items new gTLD Auction
> Proceeds DT meeting
>
>
>
> Dear All,
>
>
>
> Please find below the notes & action items for today’s meeting.
>
>
>
> Best regards,
>
>
>
> Marika
>
>
>
> *Notes 05/26 Meeting*
>
>
>
> These high-level notes are designed to help DT members navigate through
> the content of the call and are not meant as a substitute for the
> transcript and/or recording. The MP3, transcript, and chat are provided
> separately and are posted on the wiki at:
> https://community.icann.org/x/1SmAAw.
>
>    - Target is to have draft charter ready for discussion in Helsinki
>    - Check on publication date for Helsinki
>
> *2. Principles derived from review of public comments *
>
>
>
> o Finalise principles and discuss how these are to be incorporated in the
> draft charter
>
>    - DT to determine whether there are any other principles that need to
>    be added and discuss how these need to be translated into the charter or
>    whether these should be annexed.
>    - Transparency, openness and accountability are already implied by
>    some of the requirements in the charter
>    - Conflict of interest needs to be addressed in the charter
>    - Lean & effective - need to see how that is addressed in the charter.
>    This relates to the process for disbursement, not necessarily the CCWG
>    process.
>    - Asha and Sylvia working on possible diversity clause - hope to
>    provide that in time for the next working. Diversity relates both to
>    members/observers of the CCWG as well as diversity of applicants for
>    funding.
>    - If all these princples relate to the end product of the CCWG, then
>    these should be incorporated specifically. DT agrees that these are
>    principles that need to apply to the final disbursement process and as such
>    need to be specifically called out.
>    - Erika will talk to Xavier about financial and audit procedures that
>    may apply to the possible disbursement process
>    - ICANN53 Principles: Broad, open and inclusive dialogue – any
>    discussions need to be open and transparent, and allow for broad
>    participation, listening to the views of all; Conflicts of Interest – there
>    is a need to consider conflicts of interest before work can begin; Lean
>    process – any process must be lean and cost-effective so as not to diminish
>    funds; Separation of idea suggestion and idea selection – it is important
>    to start by sharing and brainstorming ideas prior to any structured work;
>    Measured pace – principles and strategy should be examined first before
>    further considerations. Process should not be rushed; ICANN’s Mission and
>    Mandate – must keep in mind that proceeds are to be used in support of
>    ICANN’s mission and mandate.
>    - Not clear yet whether ICANN would disbursements on whether another
>    entity would be assigned to do so - as such, may not be necessary to worry
>    to much about disbursement at this stage as it may depend on the mechanism
>    that is agreed to by the CCWG
>
> *Action item #1*: Review notes from ICANN53 to determine whether there
> were any other principles that should be added.
>
> *Action item #2*: Asha and Sylvia to provide proposed language on
> diversity in time for the next DT meeting
>
> *Action item #3*: Circulate updated legal & fiduciary memo and review how
> this is to be incorporated into the charter
>
>
>
> o Review draft text on ‘diversity’ for inclusion in the charter
> (utilising references to existing ICANN documents and bylaws)
>
> Deferred to the next meeting
>
>
>
> *3. Briefing note on fiduciary and legal constraint:*
>
> o Update from Sam on modifications to briefing note based on DT input
>
>    - Work on the update has been slightly delayed due to the work on the
>    revised ICANN Bylaws. Should be available ahead of the next meeting.
>
> *Action item #4*: Sam to circulate updated note on legal and fiduciary
> constraints ahead of the next meeting.
>
>
>
> o EM to revert on (a) advice from board colleagues or external advisors
> on what constraints (audit or tax) on the use of proceeds might be or (b)
> to what extent does ICANN's mission constrain the use of funds
>
>    - Board was not able to discuss this in Amsterdam due to time
>    contraints
>    - Board will take this up again in Helsinki. Might be problematic as
>    it is a key section of the charter. Any heads up ahead of the meeting in
>    Helsinki would be helpful as this may be an item on which specific input is
>    requested from the community. Legal advice is also key in this regard.
>    - Draft charter should facilitate flagging of items that may need
>    further discussion and/or input, either by the DT or as part of the
>    community discussions in Helsinki.
>
> *Action item #5:* Erika to work with the Board to get input ahead of the
> ICANN meeting in Helsinki to at least get a sense of direction.
>
>
>
> *4. Review draft charter which has been developed based on deliberations
> an input received to date*
>
>    - Problem statement: no comments
>    - Goals & objectives: no comments
>    - Scope: first bullet is very prescriptive, if responsibility
>    delegated wouldn't contract spell out the requirements for compliance and
>    audit? Consider making separate half a separate bullet. May depend on the
>    structure, so principle should be here to guide the process regardless of
>    which structure is chosen in the end. Disbursement by ICANN, whether it is
>    to entity like fund or foundation, or individuals disbursement, ICANN will
>    have certain responsibilities in relation to this disbursement. If it is
>    through a fund or foundation, further consideration would need to be given
>    to how certain requirements are passed through. Need to think of correct
>    wording in the charter as the current wording may imply something that
>    wasn't specifically intended.
>    - Bullet #2 - change to must continue to observe the limitations to
>    preserve tax status, seek input when necessary
>    - Bullet #3 - consider changing should to must. Also make clear that
>    this is not only limited to the US.
>    - Bullet #5 - do we want to set limits on how much overhead can be
>    added? May be possible to set max 5% limit or follow the lean principle and
>    let it up to the CCWG to determine what that means? In the latter case,
>    consider referring to industry best practices. Putting in absolute number
>    is not responsibility of DT but for CCWG. Consider including a note to
>    balance the amount of fees to maintain the recommendations as part of how
>    they evaluate making those, factoring in industry sectors. Due dillgence
>    needed to assess industry best practices. Overhead will be different
>    depending on the due diligence review, monitoring, audits, etc. Depends as
>    well on how disbursement is done. Needs careful consideration.
>
> *5. Helsinki meeting planning – Cross-Community Session Tuesday 28 June
> from 15.15 to 16.45 *
>
>
>
> *6. Confirm schedule going forward: 2 June 21.00 UTC (or 3rd June), 9 June
> no meeting, 16 June 13.00 UTC (90 or 120 minutes), 23 June 21.00 UTC (if
> required)*
>
>    - Consider meeting on 2 June at 13.00 UTC (confirm with Jonathan that
>    this time works for him to Chair the meeting)
>    - Extend meetings to 90 minutes and consider whether an additional
>    meeting is needed in the week of 9 June.
>
>
>
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