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

Mon May 23 02:58:03 UTC 2016

My 2 cents here, regarding the “Terms recommended for inclusion in Charter of CCWG on New gTLD Auction Proceeds” that was shared as a separate document, I copied the paragraphs here to make it easier for others to comment.

> WG purpose to make recommendations for a process for disbursement of
> auction funds, that take into account the need for auction funds to be used
> In furtherance of ICANN’s Mission, while noting that ICANN will maintain
> ultimate responsibility for the confirmation of all disbursements.

In my opinion, the word furtherance widens to scope too much. It will be better to stick to the “in line with” to make sure that funding allocations are aligned with ICANN’s mission.

As for the last sentence about “ICANN maintaining ultimate responsibility for the confirmation of all disbursements” can you please clarify what do you mean here?

Depending on the mechanisms chosen for fund allocation, the responsibility for the organization will be limited and aligned with what mechanism is decided. By referring on the charter to “disbursements” you are jumping ahead quite a few steps.

> WG should seek inputs on process and disbursement limitations that will
> support ICANN’s tax exempt status, while keeping primary principle of
> equal access to auction funds regardless of geographic origin of recipient.

Again, the WG will not be deciding about disbursement. Allocations at the most. The actual disbursements are a final step of the process. We need to use the proper language to properly guide the WG about the scope of their work.

On the diversity aspect, this should be more clear. It does not only refers to the geographic coverage, but also on equally supporting the 3 communities that ICANN serves, a) Domain names; b. Internet protocol addresses and autonomous
system numbers and c. Protocol port and parameter numbers.

Again, I don’t think we should be talking about specific recipients, as the WG should not be deciding who gets the funding, but how the mechanisms to allocate them.

Also, there must be a clear definition of what are operational cost from ICANN, to support its mission, so that the funds allocated through this process are not used to fund activities that were to be funded by ICANN’s own budget.

> WG should include limitation on use of funds to campaign for candidates
> for public office or attempts to influence legislation.

Agree. Again, this should not only be limited to the US.

> WG should maintain high standards of conflict of interest practices,
> including adherence to a conflict of interest policy and maintaining up to
> date statements of interest.  WG should also include conflict of interest
> requirements to guide the disbursement process.

Agree. But again, need to refer to funding allocation not disbursements.

> WG should require that the administration of disbursement
> process/necessary oversight will be funded from the auction
> proceeds.

Agree. However, it also should be clear what support can we expected from ICANN staff, or will ICANN staff sent invoices for their support? That will be very odd.

To minimize the overheads, it might be required that ICANN provides some level of support, at a minimum.

Warm regards,
Sylvia

From:  <dt-cwg-auctionproceeds-bounces at icann.org<mailto:dt-cwg-auctionproceeds-bounces at icann.org>> on behalf of Lauren Allison <lauren.allison at icann.org<mailto:lauren.allison at icann.org>>
Date:  Thursday, 12 May 2016 at 11:42 PM
To:  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 meeting

Dear All,

On behalf of Sam Eisner, I am sending a copy of the terms recommended for inclusion in the Charter (see attached) distilled by Sam from the more detailed legal and fiduciary memo. This relates to action item (i) below and agenda item 2.

Sam is currently in transit with limited connectivity, so may be unable to make the call.

Best wishes,
Lauren

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 11, 2016 at 9:45 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 meeting

Dear All,

Please find below the proposed agenda for the next new gTLD Auction Proceeds Drafting Team meeting which has been scheduled for Thursday 12 May at 21.00 UTC. As a reminder, please take note of the following action items
from last week’s meeting:

Action Items:
(i) SE to map and extract key points from the Legal Note which must go in the Charter;
(ii) EM as chair of audit committee to further review points raised in Legal Note and revert on constraints which might exist;
(iii) all DT to review latest draft of the charter and provide input;
(iv) EM and AH to ask Board to provide input on "support directly" v "consistent with" ICANN's mission as to the possible limitation on use of funds. What discretion is available
to the DT?;
(v) all DT to complete review of sub-team consideration of public comments; and
(vi) EM and RM to distill general principles from public comments

Best regards,

Marika

Proposed Agenda – new gTLD Auction Proceeds Drafting Team meeting – Thursday 12 May at 21.00 UTC

1. Roll Call / SOI
2. Briefing note on fiduciary and legal constraint:
* Further comments / questions from DT (see latest version attached which includes comments from Jonathan and Sylvia)
* Update from Sam on which elements need to be reflected in the charter
* Update from Erika on which further constraints may exist from the perspective of the audit committee

3. Finalize review of public comments and identification of which items should be considered in relation to the development of the charter
* Discuss comments from DT (if any are received)
* Erika and Russ to provide update on distillation of  general principles from public comments

4. Review and consideration of next steps in relation to charter section questions and example language (see latest version attached which includes comments from Alan and Sylvia)
5. Helsinki meeting planning – (tentatively) Tuesday 28 June from 13.30 to 14.45 as part of the GNSO schedule
6. Confirm next meeting – 26 May at 13.00 UTC

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