[Dt-cwg-auctionproceeds] Reminder: Please review latest version of charter

Tue Jun 21 15:20:21 UTC 2016

Dear All,

As a reminder, please review the latest version of the charter (see attached) and provide any further comments and/or edits you may have ahead of Thursday’s meeting.

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 and visiting the GNSO Newcomer pages.

From: <dt-cwg-auctionproceeds-bounces at icann.org> on behalf of Julie Hedlund <julie.hedlund at icann.org>
Date: Thursday 16 June 2016 at 17:50
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.  Please also see the attached revised Charter dated 16 June that captures the changes agreed to during today’s meeting.  Note that I have left the comments in, but have noted how they have been addressed.

Best regards,

Julie 

Julie Hedlund, Policy Director

Notes 16 June 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. 
23 June Meeting confirmed for 1100 UTC with DT members expected to review the current edits and plan to finalize the charter during the 23 June meeting.
Target is to have draft charter ready for discussion in Helsinki
1. Briefing note on fiduciary and legal constraint:

a. Update from Sam on modifications to briefing note based on DT input

·         Made some formatting changes and updated with the comments that came in, but not much substance changed.

·         Avoid limiting to US entities via geographic limitations.

·         There is a meeting of the ICANN Board on this issue in Helsinki with a full report about the work we have done.

·         It would be good to hear from the Board even informally prior to the public meeting.

Action Item #1: 1) Sam will circulate a redlined version.  2) DT members should review the document prior to the meeting on 23 June.

Erika / Asha to revert on:

i. input from board colleagues or external advisors on constraints (audit or tax) on the use of proceeds might be (if at all) and/or

ii. to what extent ICANN’s mission constrains the use of funds.

·         Asha and Erika will know more on the 24th after the Board meeting re: legal and fiduciary responsibility, but mostly covered in the document Sam sent.  Similar to what we discussed, such as how to integrate the mission statement, diversity, role of the Board, type of projects, etc.

·         Re: Logistics -- trying to pin down a draft of the charter ahead of the meeting.  No opportunity to review anything from the Board with the group from the 24th meeting, but won't impact the version of the charter to be published after the meeting on 23 June.

2. Review draft charter which has been developed based on deliberations an input received to date

General Note: Changes redlined in the 07 June document are taken as read unless noted otherwise.

Scope:  Agreed to Sylvia’s suggested comment.

Action Item #2: Change "in furtherance of" to "in line with".  

Appointments of Chairs: Sylvia added Alan's previous comment” “Those accepting leadership positions in the CCWG will be taking on substantially higher levels of commitment than that of Members and Participants.” Change accepted.

Dissolution:  "CCWG Chairs" seems correct.  The wording we have is fine.  Wording on the result of the request is addressed in the next sentence. No change necessary.

Expert Advisors: Re: Sylvia's comment -- Key that the CCWG does seek advice.

·         Potential issue: If such advice comes at a price and there is push back from the Board.  Do we have a provision to allow auction proceeds to be used for this?

·         Caution about spending auction funds.  There would need to be a community discussion.

·         First priority to get advice in house.  If there is a proper budget done and it is sent to the SOs/ACs and approved, then there shouldn't be an issue.   

·         We have had expert advice for many groups and some have volunteered their time.  Not binary between in house and not.

Action Item #3: Insert new text: "It is strongly recommended that for specific areas of expertise -- financial, legal, or otherwise -- the CCWG does seek expert advice.”  In the next sentence replace “from the COs” with “via the appropriate mechanism.” Revised sentence is, “If additional costs are involved prior approval must be obtained via the appropriate mechanism."

Staffing & Resources: 

·         Has this comment from Alan been addressed relating to interpretation?  Don't know what it would cost and not sure the way forward.

·         The point is whether we make this a pre-requisite.  Even with interpretation, the documents will still be in English.

·         If we are not explicit in this we will have people appointed who will not be fluent in English.

·         Need to estimate the costs and get the budget approved.  Leaning towards a firmer line. 

·         Prefer to have it in English.  Put this requirement in and see the reactions.

Action Item #4: Insert new text: 

1)      "If additional costs are to be incurred prior approval must be obtained via the appropriate processes." And

2)      "In line with other CCWGs and mindful of the costs of running such groups, the CCWG will be conducted exclusively in English and this is a consideration driven by costs and operational issues."

Board consideration and interaction with CCWG and Chartering Organizations:

·         Flag a point that will be discussed by the Board.  The Board consideration of the CCWG Auction Proceeds proposals (highlighted in the document).  

·         The Board will provide quick informal feedback from its discussion in the Helsinki Workshop. 

·         Not sure we want to mention this in the Charter.  Caution about limiting how the outcomes will be taken. Agree not to do it. Board can always reject recommendations.

·         Could be in the principles for CCWGs.

Action Item #5: Change to “It is assumed that after submission of the Board Report, the ICANN Board of Directors will give due consideration to the Proposal(s) contained in this Report.” And strike out “in accordance with the process [to be confirmed by the ICANN Board. See https://www.icann.org/resources/board-material/resolutions-2014-10-16-en#2.d for example].” 

3. Helsinki meeting planning – Cross-Community Session Tuesday 28 June from 15.15 to 16.45 

Action Item #6: Confirm the process concerning whether a draft charter needs to be reviewed by the Chartering Organizations and/or go out for public comment, noting that there was general agreement that public comment wasn’t necessary.

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