[CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update

Shreedeep Rayamajhi rayamajhishreedeep at gmail.com
Wed Jul 20 15:04:21 UTC 2016


I agree completely with Marilyn and Phil

On 20 Jul 2016 8:17 pm, "Lori Schulman" <lschulman at inta.org> wrote:

> I don’t believe that 501©3 orgs can consider any consulting fees
> confidential as the top fees are required to be reported on the 990.
>
>
>
> Lori
>
>
>
> Lori S. Schulman
>
> Senior Director, Internet Policy
>
> *International Trademark Association (INTA)*
>
> +1-202-704-0408, Skype: lsschulman
>
>
>
> *From:* accountability-cross-community-bounces at icann.org [mailto:
> accountability-cross-community-bounces at icann.org] *On Behalf Of *Paul
> Rosenzweig
> *Sent:* Wednesday, July 20, 2016 10:16 AM
> *To:* 'Marilyn Cade' <marilynscade at hotmail.com>; '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 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
>
> paul.rosenzweig at redbranchconsulting.com
>
> O: +1 (202) 547-0660
>
> M: +1 (202) 329-9650
>
> VOIP: +1 (202) 738-1739
>
> www.redbranchconsulting.com
>
> My 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
> <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
> To: Brett.Schaefer at heritage.org; xavier.calvez at icann.org
> Date: Wed, 20 Jul 2016 00:48:08 +0000
> CC: cwg-stewardship at icann.org; accountability-cross-community at icann.org;
> icann-board at icann.org; executive-team at icann.org; commsteam at icann.org;
> community-finance at icann.org; 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 <202-559-8597>/Direct*
>
> *202-559-8750 <202-559-8750>/Fax*
>
> *202-255-6172 <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
> <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; CCWG-Accountability;
> icann-board at icann.org; Executive Team; COMMS Team;
> 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
> heritage.org
>
> *From:* Xavier J. Calvez [mailto:xavier.calvez at icann.org
> <xavier.calvez at icann.org>]
> *Sent:* Monday, July 18, 2016 6:30 PM
> *To:* Schaefer, Brett
> *Cc:* community-finance at icann.org; cwg-stewardship at icann.org;
> CCWG-Accountability; Executive Team; COMMS Team; 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>
> *Date: *Thursday, July 14, 2016 at 7:07 AM
> *To: *Xavier Calvez <xavier.calvez at icann.org>
> *Cc: *"community-finance at icann.org" <community-finance at icann.org>, "
> cwg-stewardship at icann.org" <cwg-stewardship at icann.org>,
> CCWG-Accountability <accountability-cross-community at icann.org>, Executive
> Team <executive-team at icann.org>, COMMS Team <commsteam at icann.org>, "
> icann-board at icann.org" <icann-board at icann.org>, Finance Staff <
> 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>
> 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-professional-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
> heritage.org
>
> *From: *Xavier Calvez <xavier.calvez at icann.org>
> *Date: *Tuesday, July 12, 2016 at 9:45 AM
> *To: *"Schaefer, Brett" <Brett.Schaefer at heritage.org>, "
> community-finance at icann.org" <community-finance at icann.org>, "
> cwg-stewardship at icann.org" <cwg-stewardship at icann.org>,
> CCWG-Accountability <accountability-cross-community at icann.org>
> *Cc: *Executive Team <executive-team at icann.org>, COMMS Team <
> commsteam at icann.org>, "icann-board at icann.org" <icann-board at icann.org>,
> Finance Staff <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>
> *Date: *Tuesday, July 12, 2016 at 11:38 AM
> *To: *Xavier Calvez <xavier.calvez at icann.org>, "
> community-finance at icann.org" <community-finance at icann.org>, "
> cwg-stewardship at icann.org" <cwg-stewardship at icann.org>,
> CCWG-Accountability <accountability-cross-community at icann.org>
> *Cc: *Executive Team <executive-team at icann.org>, COMMS Team <
> commsteam at icann.org>, "icann-board at icann.org" <icann-board at icann.org>,
> Finance Staff <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
> heritage.org
>
> *From:* Schaefer, Brett
> *Sent:* Wednesday, June 22, 2016 2:39 PM
> *To:* 'Xavier J. Calvez'; community-finance at icann.org;
> cwg-stewardship at icann.org; CCWG-Accountability
> *Cc:* Executive Team; COMMS Team; 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
> <xavier.calvez at icann.org>]
> *Sent:* Wednesday, June 22, 2016 10:43 AM
> *To:* Schaefer, Brett; community-finance at icann.org;
> cwg-stewardship at icann.org; CCWG-Accountability
> *Cc:* Executive Team; COMMS Team; 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>
> *Date: *Wednesday, June 22, 2016 at 1:01 PM
> *To: *"Schaefer, Brett" <Brett.Schaefer at heritage.org>, "
> community-finance at icann.org" <community-finance at icann.org>, "
> cwg-stewardship at icann.org" <cwg-stewardship at icann.org>,
> CCWG-Accountability <accountability-cross-community at icann.org>
> *Cc: *Executive Team <executive-team at icann.org>, COMMS Team <
> commsteam at icann.org>, "icann-board at icann.org" <icann-board at icann.org>,
> Finance Staff <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-2015-11-18-en
> <https://www.icann.org/resources/pages/lobbying-disclosures-contributions-2015-11-18-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>
> *Date: *Tuesday, June 21, 2016 at 9:54 PM
> *To: *Xavier Calvez <xavier.calvez at icann.org>, "
> community-finance at icann.org" <community-finance at icann.org>, "
> cwg-stewardship at icann.org" <cwg-stewardship at icann.org>,
> CCWG-Accountability <accountability-cross-community at icann.org>
> *Cc: *Executive Team <executive-team at icann.org>, COMMS Team <
> commsteam at icann.org>, "icann-board at icann.org" <icann-board at icann.org>,
> Finance Staff <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-professional-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
> heritage.org
>
> *From:* accountability-cross-community-bounces at icann.org [
> mailto:accountability-cross-community-bounces at icann.org
> <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; cwg-stewardship at icann.org;
> CCWG-Accountability
> *Cc:* Executive Team; COMMS Team; 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
> <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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