[council] Fwd: [FormerMembersCCWG-AP] ICANN Grant Program session at ICANN78

Mark Datysgeld mark at governanceprimer.com
Thu Oct 26 15:30:12 UTC 2023


That is incredibly helpful, Damon. Thank you.

On 26 Oct 2023 17:29, Ashcraft, Damon wrote:
>
> Mark,
>
> We had discussed in our meeting today whether or not the Board needed 
> to amend a fundamental bylaw to proceed with the grant program.  As of 
> today’s meeting, they apparently had the stance that no so amendment 
> was needed and the concern (from Susan and others) was that ICANN 
> could not get around a fundamental bylaw with a contractual term in a 
> terms and conditions section of a contract.  Greg agreed to raise our 
> concern to the Board. At the Board meeting, the Board announced that 
> while they were still of the opinion that a fundamental bylaw change 
> was not needed, that they would seek on in tandem with implementation 
> of the grant program. Basically saying we don’t need it but we’ll get 
> it anyway due to community concerns.  Avri expressed concern over this 
> approach but upon a vote, she and the rest of the board voted to move 
> it forward.
>
> I hope that helps.
>
> Damon
>
> *J. Damon Ashcraft***
>
> office: 602.382.6389 | mobile: 602.510.1640
>
> dashcraft at swlaw.com <mailto:dashcraft at swlaw.com>
>
> Snell &Wilmer
>
> _swlaw.com <https://www.swlaw.com>_ | _disclaimer 
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>
> *From:* Mark Datysgeld <mark at governanceprimer.com>
> *Sent:* Thursday, October 26, 2023 5:10 PM
> *To:* Ashcraft, Damon <dashcraft at swlaw.com>; DiBiase, Gregory 
> <dibiase at amazon.com>
> *Cc:* COUNCIL at gnso.icann.org
> *Subject:* Re: [council] Fwd: [FormerMembersCCWG-AP] ICANN Grant 
> Program session at ICANN78
>
> *[EXTERNAL] **mark at governanceprimer.com***
>
> ------------------------------------------------------------------------
>
> I'm lost in this. If anybody can provide a summary, that would be helpful.
>
> On 26 Oct 2023 16:34, Ashcraft, Damon via council wrote:
>
>     Looks like the Board will pursue a fundamental
>
>     Bylaws change per Becky in the Board meeting.
>
>     Damon
>
>     J. Damon Ashcraft
>
>     Snell and Wilmer, L.L.P
>
>     1 E. Washington St.
>
>     Suite 2700
>
>     Phoenix, Arizona 85004
>
>     602-382-6389 (direct)
>
>     602-382-6070 (fax)
>
>     dashcraft at swlaw.com
>
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>
>     On Oct 26, 2023, at 3:14 PM, DiBiase, Gregory via council<council at gnso.icann.org>  <mailto:council at gnso.icann.org>  wrote:
>
>     
>
>     [EXTERNAL]council-bounces at gnso.icann.org<mailto:council-bounces at gnso.icann.org>  <mailto:council-bounces at gnso.icann.org>
>
>     ________________________________
>
>     Hi All,
>
>     The Board will seek to address concerns raised by the GNSO at the meeting later today.  Stay tuned.
>
>     Thanks,
>
>     Greg
>
>     From: council<council-bounces at gnso.icann.org>  <mailto:council-bounces at gnso.icann.org>  On Behalf Of Anne ICANN via council
>
>     Sent: Thursday, October 26, 2023 4:41 AM
>
>     To: Terri Agnew via cou.<council at gnso.icann.org>  <mailto:council at gnso.icann.org>; Paul McGrady<paul at elstermcgrady.com>  <mailto:paul at elstermcgrady.com>
>
>     Subject: [EXTERNAL] [council] Fwd: [FormerMembersCCWG-AP] ICANN Grant Program session at ICANN78
>
>     CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you can confirm the sender and know the content is safe.
>
>     Dear Council,
>
>     We just learned in the ICANN Grant Program presentation taking place now that the Board intends to take action THIS AFTERNOON to modify CCWG Final Recommendation #7 regarding amendment of the ByLaws.  The slide states that this decision will be reviewed after the first grantmaking round to determine whether the alternative proposal is adequate to control the risks that the ByLaws amendment recommended by the CCWG were intended to address.
>
>     Anne
>
>     Anne Aikman-Scalese
>
>     GNSO Councilor
>
>     NomCom Non-Voting 2022-2024
>
>     anneicanngnso at gmail.com<mailto:anneicanngnso at gmail.com>  <mailto:anneicanngnso at gmail.com>
>
>     ---------- Forwarded message ---------
>
>     From: Anne ICANN <anneicanngnso at gmail.com<mailto:anneicanngnso at gmail.com>  <mailto:anneicanngnso at gmail.com>>
>
>     Date: Wed, Oct 25, 2023 at 11:57 PM
>
>     Subject: Re: [FormerMembersCCWG-AP] ICANN Grant Program session at ICANN78
>
>     To: Giovanni Seppia <giovanni.seppia at icann.org<mailto:giovanni.seppia at icann.org>  <mailto:giovanni.seppia at icann.org>>
>
>     Cc:FormerMembersCCWG-AP at icann.org<mailto:FormerMembersCCWG-AP at icann.org>  <mailto:FormerMembersCCWG-AP at icann.org>  <FormerMembersCCWG-AP at icann.org<mailto:FormerMembersCCWG-AP at icann.org>  <mailto:FormerMembersCCWG-AP at icann.org>>, Xavier Calvez <xavier.calvez at icann.org<mailto:xavier.calvez at icann.org>  <mailto:xavier.calvez at icann.org>>, Terri Agnew via cou. <council at gnso.icann.org<mailto:council at gnso.icann.org>  <mailto:council at gnso.icann.org>>, Becky Burr <becky.burr at board.icann.org<mailto:becky.burr at board.icann.org>  <mailto:becky.burr at board.icann.org>>
>
>     Thank you Giovanni.  Please note that GNSO Council is in receipt of a letter from Xavier regarding the issue that has been addressed on this list in relation to the CCWG Final Report Recommendation to the Board to amend the ByLaws to protect grants from being overturned using the Accountability mechanisms.  In this regard, not much discussion has occurred on this list since Erika sent an email stating that the Co-Chairs of the CCWG support the Final Recommendation as previously adopted by the Board to amend the ByLaws.
>
>     A status update to this list and to those copied would be appreciated.  The GNSO Council had sent a letter stating that any alternate solution varying the Final Report should have the approval of all CCWG Chartering Organizations.  This is because Chartering Organization approval of CCWG Final Recommendations is a Fundamental Principle of the CCWG Working Group guidelines.   The response to the GNSO Council contained in the most recent letter from Xavier will be under discussion as an agenda item at the next GNSO Council meeting.  (Please note Council members are copied on this email.)
>
>     A hybrid solution has been proposed on this list, whereby the first $10M could be granted in a timely manner with a ByLaws amendment process to be followed for the next and subsequent grant application rounds.  We look forward to hearing from ICANN in relation to this alternative proposal from some of the former members of the CCWG.  (Raising this suggestion on the list should not in any way be interpreted as agreement by the GNSO Council to that proposal.)
>
>     Thank you,
>
>     Anne
>
>     Former CSG Voting Delegate to the CCWG Auction Proceeds
>
>     Anne Aikman-Scalese
>
>     GNSO Councilor
>
>     NomCom Non-Voting 2022-2024
>
>     anneicanngnso at gmail.com<mailto:anneicanngnso at gmail.com>  <mailto:anneicanngnso at gmail.com>
>
>     On Wed, Oct 25, 2023 at 3:09 AM Giovanni Seppia <giovanni.seppia at icann.org<mailto:giovanni.seppia at icann.org>  <mailto:giovanni.seppia at icann.org>> wrote:
>
>     Dear former members of the CCWG-AP,
>
>     I would like to inform you that a Grant Program update session<https://icann78.sched.com/event/1T4Ig/icann-grant-program>  <https://icann78.sched.com/event/1T4Ig/icann-grant-program>  is scheduled for tomorrow, 26 Oct at 13:15 local time in Hamburg (11:15 UTC), at ICANN78.
>
>     We will provide updates on the status of the program as we progress on the implementation design.
>
>     Kind regards,
>
>     Giovanni
>
>     _______________________________________________
>
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>
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>
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>
> -- 
> Mark W. Datysgeld [markwd.website <https://markwd.website>]
> Director at Governance Primer [governanceprimer.com 
> <https://governanceprimer.com>]
> ICANN GNSO Councilor
>
-- 
Mark W. Datysgeld [markwd.website <https://markwd.website>]
Director at Governance Primer [governanceprimer.com 
<https://governanceprimer.com>]
ICANN GNSO Councilor
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