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

Wed Jul 20 16:38:05 UTC 2016

gently, she said: Perhaps it is not Xavier, but ICANN we should address.And not ICANN Legal, but ICANN Board.
We, the ICANN stakeholders expect full disclosure and ask that should there be barriers in the form of confidential agreements for lobbyists or those who are engaged in worthwhile work in educating, creating understanding, etc. be disclosed by ICANN, with names of parties/organizations, and amounts, and a general statement about what the work was:e.g. 
Explain ICANN to elected officials at a national or state levelExplain ICANN to businesses, or NGOs, or others who are unfamiliar with ICANN's technical mission
Frankly, I think this is important and needed. \Long ago and far away, when the Internet was a baby.. I do mean, a baby... the major users were research organizations/labs [including one I represented] and the only online users were CompuServe, AOL, and the new entrant, AT&T WorldNET, we have so few users that when some states tried to tax the bits and bytes, the coalition I worked with had to resort to sending 40,000 faxes and phone calls to the White House and Congress. NO ONE HAD EMAIL addresses. After that, the five major suppliers of Internet [none of whom were telcos] created an effort to go office by office to show what the Internet was and how to use it, and how to get an email address. 
Not even a domain name. but let's start with an email address. 
It's 2016: think about how far we have come  but we also have to understand that understanding ICANN is like a complex puzzle, and we, usual Internet users, want simply for it to work.
So, I am okay with ICANN having experts to provide education. What I am not okay with is failure to declare. 
Facts, figuresNames, what they did in general, and amounts. 
Just publish. 
and let's move on.
And I support the need.
but want disclosure.
M

Date: Wed, 20 Jul 2016 20:49:21 +0545
From: rayamajhishreedeep at gmail.com
CC: executive-team at icann.org; accountability-cross-community at icann.org; icann-board at icann.org; finance-staff at icann.org; commsteam at icann.org; community-finance at icann.org; cwg-stewardship at icann.org
Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update

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]
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/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]
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]

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]

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).
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.
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]
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

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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