[CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Paul Rosenzweig
paul.rosenzweig at redbranchconsulting.com
Wed Jul 20 14:15:33 UTC 2016
I agree completely with Marilyn and Phil. I have been on both sides of
non-disclosure agreements - both ones requested by me and ones requested by
my clients. Typically, a client (in the position of ICANN) may request that
a consultant sign an NDA so as to protect the confidentiality of its efforts
or its intellectual property. Sometimes a consultant might have a
proprietary methodology or process that they are using on behalf of the
client that they wish to protect.
Neither circumstance applies here that I can see. And in no case that I am
aware of has a client ever asked me to keep confidential my fee . I don't
broadcast them, but I'm in the private sector. For ICANN, which is an NGO
acting in the global public interest, I cannot see any reason at all why
ICANN would want or agree to a confidentiality arrangement as to the size of
the fee paid.
Xavier - can you tell us what the rationale is? I may be missing something
...
Thanks
Paul
Paul Rosenzweig
<mailto:paul.rosenzweig at redbranchconsulting.com>
paul.rosenzweig at redbranchconsulting.com
O: +1 (202) 547-0660
M: +1 (202) 329-9650
VOIP: +1 (202) 738-1739
<http://www.redbranchconsulting.com/> www.redbranchconsulting.com
My PGP Key: <http://redbranchconsulting.com/who-we-are/public-pgp-key/>
http://redbranchconsulting.com/who-we-are/public-pgp-key/
From: accountability-cross-community-bounces at icann.org
[mailto:accountability-cross-community-bounces at icann.org] On Behalf Of
Marilyn Cade
Sent: Wednesday, July 20, 2016 9:05 AM
To: Phil Corwin <psc at vlaw-dc.com>; Schaefer, Brett
<brett.schaefer at heritage.org>; Xavier J. Calvez <xavier.calvez at icann.org>
Cc: cwg-stewardship at icann.org; CCWG-Accountability
<accountability-cross-community at icann.org>; icann-board at icann.org; Executive
Team <executive-team at icann.org>; COMMS Team <commsteam at icann.org>;
community-finance at icann.org; Finance Staff <finance-staff at icann.org>
Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses -
FY16 Q3 update
I support Phil's clarifying explanation.
I also think that anyone who is in this category, should have to declare if
they re also representing companies in a SO/AC.
Or advising governments.
In the BC, we do not allow an ICANN consultant to be a BC member,
regardless of the amount, but if someone is a backdoor advisor to ICANN and
also a group of entities, in a SO/AC, that would not be so obvious, but I
think that for integrity sake, of course, any such entity would recuse
themselves from advising companies, while also advising ICANN.
And I would expect ICANN to disqualify such entities as their consultants.
Thanks, Phil, for this useful clarification.
M
_____
From: psc at vlaw-dc.com <mailto:psc at vlaw-dc.com>
To: Brett.Schaefer at heritage.org <mailto:Brett.Schaefer at heritage.org> ;
xavier.calvez at icann.org <mailto:xavier.calvez at icann.org>
Date: Wed, 20 Jul 2016 00:48:08 +0000
CC: cwg-stewardship at icann.org <mailto:cwg-stewardship at icann.org> ;
accountability-cross-community at icann.org
<mailto:accountability-cross-community at icann.org> ; icann-board at icann.org
<mailto:icann-board at icann.org> ; executive-team at icann.org
<mailto:executive-team at icann.org> ; commsteam at icann.org
<mailto:commsteam at icann.org> ; community-finance at icann.org
<mailto:community-finance at icann.org> ; finance-staff at icann.org
<mailto:finance-staff at icann.org>
Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses -
FY16 Q3 update
In the U.S. much of what used to be done by registered lobbyists is now
performed by "strategic advisors" who walk right up to the line of what
constitutes lobbying (and maybe a few inches over), and nonetheless
facilitate door opening to key members of Congress and the Executive branch,
and who "educate" rather than "lobby" members of both branches of
government. So while the seven firms may not be engaged in what is
considered lobbying under current U.S. law, they are still likely engaged in
helping to assure officials outcomes desired by ICANN corporate.
It is for that reason - as well as for the exercise of effective oversight
over ICANN budgeting and expenditures - that the community should have more
data on this. If ICANN is prohibited by its contracts with these firms from
disclosing its expenditures that is unfortunate - and in the future I would
hope that ICANN would tell any firms being considered for such duties that
its own transparency obligations to the community preclude it from agreeing
to such restrictions (I'd wager that the majority of the firms would waive
confidentiality rather than lose the contract).
At a minimum, ICANN should disclose the aggregate amounts spent with these
seven firms since they were engaged - surely their contracts don't bar such
aggregate reporting.
Philip S. Corwin, Founding Principal
Virtualaw LLC
1155 F Street, NW
Suite 1050
Washington, DC 20004
202-559-8597/Direct
202-559-8750/Fax
202-255-6172/Cell
Twitter: @VlawDC
"Luck is the residue of design" -- Branch Rickey
From: accountability-cross-community-bounces at icann.org
<mailto:accountability-cross-community-bounces at icann.org>
[mailto:accountability-cross-community-bounces at icann.org] On Behalf Of
Schaefer, Brett
Sent: Tuesday, July 19, 2016 1:04 PM
To: Xavier J. Calvez
Cc: cwg-stewardship at icann.org <mailto:cwg-stewardship at icann.org> ;
CCWG-Accountability; icann-board at icann.org <mailto:icann-board at icann.org> ;
Executive Team; COMMS Team; community-finance at icann.org
<mailto:community-finance at icann.org> ; Finance Staff
Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses -
FY16 Q3 update
Xavier,
Are you saying that ICANN's contracts for Education/Engagement/Advice with
(1) Albright Stonebridge Group LLC, (2) Edelman, (3) Interface Media, (4)
Rice Hadley Gates LLC, (5) Summit Strategies International LLC, (6) WBC
Global, and (7) Wiley Rein LLP each contain confidentiality provisions that
prohibit ICANN from disclosing the specific amount paid to each of these
individual vendors?
Does this only apply to the CCWG and the public or does it also apply to
other parts of the ICANN community, specifically the Supporting
Organizations and Advisory Committees?
Thank you for the link on lobbying disclosures. For those who are
interested, here are ICANN's lobbying expenditures based on the disclosure
website of the U.S. Congress.
I do have a couple of additional questions. Would this source capture
lobbying exclusively directed toward the US Executive Branch? Has ICANN
spent any funds during this period lobbying governments other than the US?
Thank you,
Brett
_____
Brett Schaefer
Jay Kingham Senior Research Fellow in International Regulatory Affairs
Margaret Thatcher Center for Freedom Davis Institute for National Security
and Foreign Policy
The Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6097
<http://heritage.org/> heritage.org
From: Xavier J. Calvez [mailto:xavier.calvez at icann.org]
Sent: Monday, July 18, 2016 6:30 PM
To: Schaefer, Brett
Cc: community-finance at icann.org <mailto:community-finance at icann.org> ;
cwg-stewardship at icann.org <mailto:cwg-stewardship at icann.org> ;
CCWG-Accountability; Executive Team; COMMS Team; icann-board at icann.org
<mailto:icann-board at icann.org> ; Finance Staff
Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses -
FY16 Q3 update
Brett,
Yes, the information I provided in my latest email had been included in some
previous communication. I just wanted to make sure you had a clear
visibility on this information, which provides for (i) categories of
expenses, (ii) the individual names of the vendors grouped for each
category, and (iii) the total value of the expenses for each category.
With respect to the contractual obligations of confidentiality in commercial
contracts, ICANN is subject to them, like all business organizations. That
said, we disclose what we can consistent with standard business
confidentiality provisions in vendor contracts. We cannot disclose the
specific amount of spend with each vendor but we were able to disclose the
names of the service providers engaged.
Regarding the lobbying expenses, as you are aware, both organizations that
hire lobbyists and firms that lobby on behalf of organizations are required
under U.S. federal law to file lobbying disclosure reports. In addition to
ICANN's quarterly lobbying disclosures posted on our website, you can find
the amounts ICANN has paid to individual outside lobbying firms at
http://disclosures.house.gov/ld/ldsearch.aspx.
I hope this helps and clarifies.
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer at heritage.org
<mailto:Brett.Schaefer at heritage.org> >
Date: Thursday, July 14, 2016 at 7:07 AM
To: Xavier Calvez <xavier.calvez at icann.org <mailto:xavier.calvez at icann.org>
>
Cc: "community-finance at icann.org <mailto:community-finance at icann.org> "
<community-finance at icann.org <mailto:community-finance at icann.org> >,
"cwg-stewardship at icann.org <mailto:cwg-stewardship at icann.org> "
<cwg-stewardship at icann.org <mailto:cwg-stewardship at icann.org> >,
CCWG-Accountability <accountability-cross-community at icann.org
<mailto:accountability-cross-community at icann.org> >, Executive Team
<executive-team at icann.org <mailto:executive-team at icann.org> >, COMMS Team
<commsteam at icann.org <mailto:commsteam at icann.org> >, "icann-board at icann.org
<mailto:icann-board at icann.org> " <icann-board at icann.org
<mailto:icann-board at icann.org> >, Finance Staff <finance-staff at icann.org
<mailto:finance-staff at icann.org> >
Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses -
FY16 Q3 update
Xavier,
This is pretty much the same information that was provided before. I am
asking for a breakdown of how much was paid to each vender in the lobbying
category (Akin Gump, etc.) and the education/engagement/advice category
(Albright Stoneridge, etc.).
Thank you,
Brett
On Jul 13, 2016, at 8:13 PM, Xavier J. Calvez <xavier.calvez at icann.org
<mailto:xavier.calvez at icann.org> > wrote:
Dear Brett,
In response to your question listed below on 22 June: the detailed
information provided on Other professional fees (other than legal fees,
detailed in a separate section of the "Transition project cost" expense
webpage, on the IANA Stewardship Transition webpage) can be found in the
section called "Professional Services - Expenses Breakdown". Within this
section, you will find a link to a document that provides the list of
Professional Services (other than legal fees) incurred, by category, with
the names of the vendors, and the total amount of expenditures for the
category.
This link is copied below and was provided in my first answer to your
question. I have also attached the file to which this link refers in case
the link would not work for you.
<https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profe
ssional-vendor-01jun16-en.pdf>
https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profes
sional-vendor-01jun16-en.pdf
If this not addressing your question, please let me know.
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
_____
Brett Schaefer
Jay Kingham Senior Research Fellow in International Regulatory Affairs
Margaret Thatcher Center for Freedom Davis Institute for National Security
and Foreign Policy
The Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6097
<http://heritage.org/> heritage.org
From: Xavier Calvez <xavier.calvez at icann.org
<mailto:xavier.calvez at icann.org> >
Date: Tuesday, July 12, 2016 at 9:45 AM
To: "Schaefer, Brett" <Brett.Schaefer at heritage.org
<mailto:Brett.Schaefer at heritage.org> >, "community-finance at icann.org
<mailto:community-finance at icann.org> " <community-finance at icann.org
<mailto:community-finance at icann.org> >, "cwg-stewardship at icann.org
<mailto:cwg-stewardship at icann.org> " <cwg-stewardship at icann.org
<mailto:cwg-stewardship at icann.org> >, CCWG-Accountability
<accountability-cross-community at icann.org
<mailto:accountability-cross-community at icann.org> >
Cc: Executive Team <executive-team at icann.org
<mailto:executive-team at icann.org> >, COMMS Team <commsteam at icann.org
<mailto:commsteam at icann.org> >, "icann-board at icann.org
<mailto:icann-board at icann.org> " <icann-board at icann.org
<mailto:icann-board at icann.org> >, Finance Staff <finance-staff at icann.org
<mailto:finance-staff at icann.org> >
Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses -
FY16 Q3 update
Brett,
Thank you for following up.
I will make sure to respond no later than the end of this week.
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer at heritage.org
<mailto:Brett.Schaefer at heritage.org> >
Date: Tuesday, July 12, 2016 at 11:38 AM
To: Xavier Calvez <xavier.calvez at icann.org <mailto:xavier.calvez at icann.org>
>, "community-finance at icann.org <mailto:community-finance at icann.org> "
<community-finance at icann.org <mailto:community-finance at icann.org> >,
"cwg-stewardship at icann.org <mailto:cwg-stewardship at icann.org> "
<cwg-stewardship at icann.org <mailto:cwg-stewardship at icann.org> >,
CCWG-Accountability <accountability-cross-community at icann.org
<mailto:accountability-cross-community at icann.org> >
Cc: Executive Team <executive-team at icann.org
<mailto:executive-team at icann.org> >, COMMS Team <commsteam at icann.org
<mailto:commsteam at icann.org> >, "icann-board at icann.org
<mailto:icann-board at icann.org> " <icann-board at icann.org
<mailto:icann-board at icann.org> >, Finance Staff <finance-staff at icann.org
<mailto:finance-staff at icann.org> >
Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses -
FY16 Q3 update
Xavier,
Thanks for promising to get this information to me in Helsinki. Do you have
an estimate for when it will be provided?
Thanks,
Brett
_____
Brett Schaefer
Jay Kingham Senior Research Fellow in International Regulatory Affairs
Margaret Thatcher Center for Freedom Davis Institute for National Security
and Foreign Policy
The Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6097
<http://heritage.org/> heritage.org
From: Schaefer, Brett
Sent: Wednesday, June 22, 2016 2:39 PM
To: 'Xavier J. Calvez'; community-finance at icann.org
<mailto:community-finance at icann.org> ; cwg-stewardship at icann.org
<mailto:cwg-stewardship at icann.org> ; CCWG-Accountability
Cc: Executive Team; COMMS Team; icann-board at icann.org
<mailto:icann-board at icann.org> ; Finance Staff
Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses -
FY16 Q3 update
Xavier,
I appreciate the detailed breakdown on the legal fees That is indeed what I
was looking for though I would think it useful to have the totals provided
in the summary document.
However, I did not see similar information for lobbying or education/
engagement/advice in the links provided. In fact, the only specific
information that I saw listed is for Jamie Hedlund at $200,000. No
information on other individual firms or vendors is listed at all - only the
top line budget expenditure in the summary document link originally sent
around.
Could you provide that information?
Thanks,
Brett
From: Xavier J. Calvez [mailto:xavier.calvez at icann.org]
Sent: Wednesday, June 22, 2016 10:43 AM
To: Schaefer, Brett; community-finance at icann.org
<mailto:community-finance at icann.org> ; cwg-stewardship at icann.org
<mailto:cwg-stewardship at icann.org> ; CCWG-Accountability
Cc: Executive Team; COMMS Team; icann-board at icann.org
<mailto:icann-board at icann.org> ; Finance Staff
Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses -
FY16 Q3 update
Dear all,
It appears that the first link in my email further below (detail of legal
fees by firm) does not resolve correctly. Please use the below instead.
https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-
firm-fy16-01jun16-en.pdf
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
From: Xavier Calvez <xavier.calvez at icann.org
<mailto:xavier.calvez at icann.org> >
Date: Wednesday, June 22, 2016 at 1:01 PM
To: "Schaefer, Brett" <Brett.Schaefer at heritage.org
<mailto:Brett.Schaefer at heritage.org> >, "community-finance at icann.org
<mailto:community-finance at icann.org> " <community-finance at icann.org
<mailto:community-finance at icann.org> >, "cwg-stewardship at icann.org
<mailto:cwg-stewardship at icann.org> " <cwg-stewardship at icann.org
<mailto:cwg-stewardship at icann.org> >, CCWG-Accountability
<accountability-cross-community at icann.org
<mailto:accountability-cross-community at icann.org> >
Cc: Executive Team <executive-team at icann.org
<mailto:executive-team at icann.org> >, COMMS Team <commsteam at icann.org
<mailto:commsteam at icann.org> >, "icann-board at icann.org
<mailto:icann-board at icann.org> " <icann-board at icann.org
<mailto:icann-board at icann.org> >, Finance Staff <finance-staff at icann.org
<mailto:finance-staff at icann.org> >
Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses -
FY16 Q3 update
Dear Brett,
Thank you for your interest and question.
We currently publish the list of all vendors from whom ICANN obtain services
in relation to the IANA Stewardship transition. The $$ value of the services
received is aggregated by category of expenses, which you mention below (US
Government affairs, Education/engagement/advice,.). This presentation is
driven by 2 factors: providing clarity as to the type of services received,
and abiding by the contractual obligation of confidentiality in force with
each of the vendors (resulting from standard business sensitive
information).
We do publish however the detail of the legal advice, by firm and by working
group, on this same page (see for example the link to the report of fees by
firm:
https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-
firm-fy16-01jun16-en.pdf)
<https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal
-firm-fy16-01jun16-en.pdf%29> .
You will also find more information relative to ICANN's lobbying in the
following blog published a few months ago. In this blog, you will also find
links to the disclosure reports that ICANN makes on lobbying activities.
https://www.icann.org/resources/pages/lobbying-disclosures-contributions-201
5-11-18-en.
Lastly, further information on lobbying appears in ICANN's form 990
(Schedule C, Part II-B. On page 33/73 of the FY15 form 990 published at the
following link):
https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf
I hope this helps. Please let me know if you have further questions.
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer at heritage.org
<mailto:Brett.Schaefer at heritage.org> >
Date: Tuesday, June 21, 2016 at 9:54 PM
To: Xavier Calvez <xavier.calvez at icann.org <mailto:xavier.calvez at icann.org>
>, "community-finance at icann.org <mailto:community-finance at icann.org> "
<community-finance at icann.org <mailto:community-finance at icann.org> >,
"cwg-stewardship at icann.org <mailto:cwg-stewardship at icann.org> "
<cwg-stewardship at icann.org <mailto:cwg-stewardship at icann.org> >,
CCWG-Accountability <accountability-cross-community at icann.org
<mailto:accountability-cross-community at icann.org> >
Cc: Executive Team <executive-team at icann.org
<mailto:executive-team at icann.org> >, COMMS Team <commsteam at icann.org
<mailto:commsteam at icann.org> >, "icann-board at icann.org
<mailto:icann-board at icann.org> " <icann-board at icann.org
<mailto:icann-board at icann.org> >, Finance Staff <finance-staff at icann.org
<mailto:finance-staff at icann.org> >
Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses -
FY16 Q3 update
Xavier,
Thank you. Could you please provide a more detailed breakdown of legal
advice, US government affairs, and educations/engagement/advice? In each
category, there are multiple firms/vendors listed
(https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profe
ssional-vendor-01jun16-en.pdf). I would appreciate the amount provided to
each individual vendor. If it is provided somewhere, I would appreciate you
letting me know where to find it.
Much appreciated,
Brett
_____
Brett Schaefer
Jay Kingham Senior Research Fellow in International Regulatory Affairs
Margaret Thatcher Center for Freedom Davis Institute for National Security
and Foreign Policy
The Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6097
<http://heritage.org/> heritage.org
From: accountability-cross-community-bounces at icann.org
<mailto:accountability-cross-community-bounces at icann.org>
[mailto:accountability-cross-community-bounces at icann.org] On Behalf Of
Xavier J. Calvez
Sent: Saturday, June 18, 2016 12:10 AM
To: community-finance at icann.org <mailto:community-finance at icann.org> ;
cwg-stewardship at icann.org <mailto:cwg-stewardship at icann.org> ;
CCWG-Accountability
Cc: Executive Team; COMMS Team; icann-board at icann.org
<mailto:icann-board at icann.org> ; Finance Staff
Subject: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16
Q3 update
Dear all,
You find at the link below the updated project's expenses as of FY16 Q3
(from July 2014 to March 2016). As indicated a few months ago, we have added
new detailed information on the staff support with the individual positions,
names and percentages of effort over the period.
https://www.icann.org/resources/pages/iana-stewardship-project-costs
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
<iana-stewardship-expenses-professional-vendor-01jun16-en.pdf>
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