[Dt-cwg-auctionproceeds] Proposed agenda - new gTLD Auction Proceeds DT

Thu May 5 08:48:03 UTC 2016

All,

I have reviewed the memo and provided some highlights (primarily where the
comment links directly to the charter), some comments and some questions on
the attached copy.

Overall, it seems to provide very helpful input and guidance. However, much
of the content is directly relevant to the work of the CWG to follow not the
current DT.

That is not a criticism, in fact the document explicitly recognises this.
But, we as a DT need to be mindful as to:

1.      Where this contribution is directly relevant to the DT

2.      Where this contribution is indirectly relevant to the DT

And therefore not to let this document draw us into attempting to do the
work of the CWG at this (premature) stage.

I look forward to discussing further on our call.

Jonathan

From: Samantha Eisner [mailto:Samantha.Eisner at icann.org] 
Sent: 04 May 2016 21:02
To: Alan Greenberg <alan.greenberg at mcgill.ca>; Marika Konings
<marika.konings at icann.org>; dt-cwg-auctionproceeds at icann.org
Subject: Re: [Dt-cwg-auctionproceeds] Proposed agenda - new gTLD Auction
Proceeds DT

To the first point, the guidebook language was drafted years ago.  We have a
much clearer collective understanding now, particularly through the
CCWG-Accountability process, of where ICANN's mission starts and stops and
where that mission might or might not intersect with projects of interest to
the greater Internet community.  As the CCWG on Auction Proceeds moves
forward, it will be important that there are not recommendations that follow
that would require ICANN to act outside of its mission.

On the second point, endowing a foundation creates a layer of removal from
the decisions about individual grants, but it does not remove ICANN from
obligations in the proper formation of a foundation or an ongoing
responsibility in making sure that the foundation meets its goals and
requirements.  It could be that many of the considerations detailed in the
memo would be implicated at the point of forming a foundation, in the
identification of the foundation's mission and limitations, and then an
auditing requirement over the foundation's continued vetting of grants that
it administers, and likely an ongoing involvement in the governance of the
foundation.   Decisions of foundation v. direct support are clearly far down
the path, and I think that it's important that we don't put anything into
the charter that would foreclose either avenue.  Foundations present
different governance concerns than developing a mechanism for direct grants,
and could have different overhead costs associated.  The size of grants
anticipated could also be determinative of those decisions, as foundations
are typically for longer term sustainable grant programs.  Please note that
this response is drafted for broad discussion purposes, and does not
represent a formal formal legal issue memo on the development of
foundations.

Sam

From: Alan Greenberg <alan.greenberg at mcgill.ca
<mailto:alan.greenberg at mcgill.ca> >
Date: Wednesday, May 4, 2016 at 12:36 PM
To: Samantha Eisner <samantha.eisner at icann.org
<mailto:samantha.eisner at icann.org> >, Marika Konings
<marika.konings at icann.org <mailto:marika.konings at icann.org> >,
"dt-cwg-auctionproceeds at icann.org <mailto:dt-cwg-auctionproceeds at icann.org>
" <dt-cwg-auctionproceeds at icann.org
<mailto:dt-cwg-auctionproceeds at icann.org> >
Subject: Re: [Dt-cwg-auctionproceeds] Proposed agenda - new gTLD Auction
Proceeds DT

Thanks Sam, that helps. 

Two questions:

1. The wording in the AG included: "Funds must be used in a manner that
supports directly ICANN's Mission and Core Values ..... to allocate funds to
projects that are of interest to the greater Internet community...."

These two phrases strike me as being potentially contradictory in that there
are many projects of interest to the greater Internet community (and ones of
great merit!) which do not diretly map onto ICANN's mission.

2. Much of your document talks about ICANN's responsibility with respect to
the decisions made. To what extent, if any, does that change if ICANN does
not disburse the funds but instead creates a foundation and endows that
foundation with the funds?

Alan

At 04/05/2016 02:46 PM, Samantha Eisner wrote:

Dear DT Members, 

In advance of our call tomorrow, attached please find a discussion draft of
a memo on the legal and fiduciary considerations surrounding the
disbursement of the auction proceeds.

Sam

From: < dt-cwg-auctionproceeds-bounces at icann.org
<mailto:dt-cwg-auctionproceeds-bounces at icann.org> > on behalf of Marika
Konings <marika.konings at icann.org <mailto:marika.konings at icann.org>  >
Date: Wednesday, May 4, 2016 at 11:03 AM
To: " dt-cwg-auctionproceeds at icann.org
<mailto:dt-cwg-auctionproceeds at icann.org> " <
dt-cwg-auctionproceeds at icann.org <mailto:dt-cwg-auctionproceeds at icann.org> >
Subject: [Dt-cwg-auctionproceeds] Proposed agenda - new gTLD Auction
Proceeds DT

Dear All, 

Please find below the proposed agenda for the next new gTLD Auction Proceeds
Drafting Team meeting which is scheduled for Thursday 5 May at 13.00 UTC.

Best regards,

Marika

Proposed Agenda - new gTLD Auction Proceeds Drafting Team meeting - Thursday
5 May at 13.00 UTC 

1.	Roll call & Welcome 
2.	Update from Samantha Eisner on briefing note on fiduciary and legal
constraints 
3.	Finalise review of public comments and identification of which items
should be considered in relation to the development of the charter (see
latest version attached) 
4.	Review and consideration of next steps in relation to charter
section questions and example language (see latest version attached) 
5.	Helsinki meeting planning 
6.	Confirm next meeting - 12 May at 21.00 UTC 

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