[council] [Ext] Re: FW: [gnso-chairs] FW: Update on the Grant Program Implementation

Tue Sep 5 14:47:32 UTC 2023

Thanks Marika. This is very helpful information.

Where this gets a bit tricky is that a Fundamental Principle of a CCWG is
that the Chartering Organizations must approve/support the final
recommendations of the CCWG - or at least not object to them. So it seems
that if this issue re amendment of the ByLaws being too cumbersome from the
Board's point of view is to be worked on and resolved via the new list of
CCWG members, the output would still have to come back to the Chartering
organizations for amendment to the CCWG Auction Proceeds Final Report.  So
it would seem that the GNSO would would want to be included in a final step
of approval/non-objection on whatever comes out of the work product of the
new list.

In this regard, I note that the former chairs of the CCWG have expressed an
opinion that the Board should stick with the ByLaws amendment approach.
Others on the list have asked whether there could be a deviation from that
approach for the first $10M in grants while a Fundamental ByLaws amendment
process is pursued.  The point of this bifurcation would be to be able to
proceed with the Implementation plan adopted by ICANN Org in a timely
manner.

The letter received by Council might be considered a request for GNSO Input
under the Annexes, especially since CCWGs are strongly encouraged to
consider those policy tools .  However, it may be that the Input process is
too cumbersome or doesn't fit the facts here. (I haven't separately
examined that.)   Nevertheless, it appears that the GNSO, as one of the
Chartering Organizations, would have to formally approve (or at least
non-object to) any solution developed on the newly-constituted list and
that all Chartering Organizations for the CCWG would have to have the same
process in relation to amending the CCWG Final Report.  If the approach on
the new list is to undertake an amendment of the Final Report and if all
Chartering Organizations approve (or non-object to) that amendment, then
Chartering Organization approval of the proposed amendment should work to
address this issue.

So I think that under the CCWG Fundamental Principles,  the Council would
have to communicate to the Board that it reserves the right to review the
proposed amendment coming out of the list in its Chartering Organization
capacity.   I also think that based on those same CCWG fundamental
principles, the proposed amendment  (if any) would likely have to go out
for public comment first before Chartering Organization approval.   I would
be interested in others' thoughts on this.

Thank you,
Anne

Anne Aikman-Scalese
GNSO Councilor
NomCom Non-Voting 2022-2024
anneicanngnso at gmail.com

On Mon, Sep 4, 2023 at 12:16 AM Marika Konings <marika.konings at icann.org>
wrote:

> Dear Anne,
>
>
>
> The Uniform Framework of Principles and Recommendations for Cross
> Community Working Groups (CCWGs) can be found here:
> https://gnso.icann.org/sites/default/files/file/field-file-attach/uniform-framework-principles-recommendations-16sep16-en.pdf.
>
>
>
>
> In case also of interest, the charter for the CCWG-AP can be found here:
> https://community.icann.org/display/CWGONGAP/CCWG+Charter.
>
>
>
> Best regards,
>
>
>
> Marika
>
>
>
> *From: *Anne ICANN <anneicanngnso at gmail.com>
> *Date: *Friday, 1 September 2023 at 22:56
> *To: *Marika Konings <marika.konings at icann.org>
> *Cc: *"council at gnso.icann.org" <council at gnso.icann.org>
> *Subject: *[Ext] Re: [council] FW: [gnso-chairs] FW: Update on the Grant
> Program Implementation
>
>
>
> Marika - could you please circulate the Cross Community Working Group
> guidelines to the Council list?
>
>
>
> Thank you,
>
> Anne
>
>
> Anne Aikman-Scalese
>
> GNSO Councilor
>
> NomCom Non-Voting 2022-2024
>
> anneicanngnso at gmail.com
>
>
>
>
>
> On Thu, Aug 31, 2023 at 12:53 PM Marika Konings via council <
> council at gnso.icann.org> wrote:
>
> Dear All,
>
>
>
> Per the action item from the last Council meeting, please review the
> information below and consider the ask: “please let us know if you are
> comfortable in having them [former CCWG-AP members] engage in this
> conversation or whether it should be held differently”. You are encouraged
> to share your feedback on the mailing list so that Council leadership can
> provide a response to Xavier.
>
>
>
> Best regards,
>
>
>
> Marika
>
>
>
> *From: *Gnso-chairs <gnso-chairs-bounces at icann.org> on behalf of "
> gnso-chairs at icann.org" <gnso-chairs at icann.org>
> *Reply to: *"Sebastien at registry.godaddy" <Sebastien at registry.godaddy>
> *Date: *Friday, 18 August 2023 at 11:04
> *To: *"COUNCIL at GNSO.ICANN.ORG" <council at gnso.icann.org>, "
> gnso-chairs at icann.org" <gnso-chairs at icann.org>, "gnso-secs at icann.org" <
> gnso-secs at icann.org>
> *Subject: *[gnso-chairs] FW: Update on the Grant Program Implementation
>
>
>
> Dear Council Colleagues,
>
>
>
> Please find below an email I received from Xavier Calvez with updates on
> the Grant Program Implementation. This will be discussed as our last AOB
> next week.
>
> Given our usual time squeeze at the end of our meetings, please make sure
> you come ready with questions – possibly sending them in advance to ensure
> we can source answers.
>
>
>
> Kindly,
>
>
>
>
>
> *Sebastien Ducos*
>
> GoDaddy Registry | Senior Client Services Manager
>
> [image: signature_1974744916]
>
> +33612284445
>
> France & Australia
>
> sebastien at registry.godaddy
>
>
>
>
>
> *From: *Xavier Calvez <xavier.calvez at icann.org>
> *Date: *Saturday, 12 August 2023 at 01:22
> *To: *XXX
>
> *Cc: *Tripti Sinha <tripti.sinha at board.icann.org>, Maarten Botterman <
> maarten.botterman at board.icann.org>, Sally Costerton <
> sally.costerton at icann.org>, David Olive <david.olive at icann.org>, Giovanni
> Seppia <giovanni.seppia at icann.org>
> *Subject: *Update on the Grant Program Implementation
>
>
>
> Dear SO/AC Chairs,
>
>
>
> I am contacting you in your capacity as Chairs of the Chartering
> Organizations of the Cross-Community Working Group on Auction Proceeds
> (CCWG-AP). After the CCWG-AP concluded its work in 2020, each Chartering
> Organization approved the report before it was provided to the ICANN Board
> for consideration. As you may have seen in blog posts and community
> sessions, the ICANN Board adopted the CCWG-AP recommendations, and ICANN
> org is working toward implementation. Attached you will find an update that
> I sent to the former members of the CCWG-AP (as appointed by your
> organizations).
>
>
>
> Last month, the ICANN Board Chair also sent an email to the former members
> of the CCWG-AP to inform them of the Board’s intention to direct ICANN org
> to change the implementation path of the CCWG-AP’s Recommendation 7, which
> was focused on limiting the use of ICANN’s accountability mechanisms to
> challenge individual application decisions made by the independent
> assessment panel. As part of its recommendation, the CCWG-AP included that
> this limitation should be achieved through changing the ICANN Bylaws on the
> Reconsideration Request and Independent Review Processes to specify this
> carve out. Instead of touching ICANN’s core accountability mechanisms in
> the Bylaws, the ICANN Board intends to now direct ICANN org to achieve this
> recommendation through the applicant terms and conditions that grant
> applicants will agree to when submitting their grant application. More
> information can be found in the attached email.
>
>
>
> Because the Board is looking to direct ICANN org to implement the
> CCWG-AP’s recommendation to limit access to ICANN’s accountability
> mechanisms in a different manner than the CCWG-AP contemplated, the Board
> agreed it was important to give advance notice to those who formed that
> recommendation. At the same time, acknowledging that the chartering
> organizations approved the CCWG-AP Final Report and its recommendations, we
> are also providing this information directly to the Chartering
> Organizations. In addition, we will make sure that an email exchange with
> one of the former CCWG-AP members in response to the Chair’s email is moved
> to a publicly archived mailing list so that there is a transparent record
> of these communications. A copy of that exchange is also provided for your
> reference.
>
>
>
> The Board recognizes the significance of its forthcoming action - both in
> terms of maintaining the community working group’s recommendation to limit
> access to ICANN’s accountability mechanisms and in identifying a new,
> limited path forward to doing so that does not involve changes to these
> most fundamental of ICANN Bylaws. When taken, the Board’s resolution will
> be accompanied by a detailed rationale acknowledging the uniqueness of this
> situation along with the Board’s acknowledgement that contracts should only
> be considered as tools for limiting the use of ICANN’s accountability
> mechanism when the community has recommended that access to accountability
> mechanisms be limited in specific circumstances.
>
>
>
> The ICANN org team looks forward to providing further public updates on
> the progress of the ICANN Grant Program across various communication
> avenues. The creation of the former CCWG-AP members list is one of them, as
> is this email to you. Recognizing that the former members of the
> CCWG-AP now act in their individual capacity, please let us know if you are comfortable
> in having them engage in this conversation or whether it should be
> held differently.
>
>
>
> Please let me know any question you may have.
>
>
>
> Kind regards,
>
>
>
> Xavier
>
>
>
> In copy:
>
> Tripti Sinha, ICANN Board chair
>
> Maarten Botterman, ICANN Board member, chair of the Board Caucus on the
> Grant Program
>
> Sally Costerton, ICANN President and CEO
>
> David Olive, SVP Policy Development and Support
>
> Giovanni Seppia, VP Implementation Operations
>
>
>
>
>
> Xavier Calvez
>
> ICANN
>
> *SVP Planning and CFO*
>
> *12025 Waterfront Drive, Suite 300*
>
> *Los Angeles, California 90094*
>
> *USA *
>
> *Office phone:* +1 310 301 5800
>
> *Cell phone:* +1 805 312 0052
>
> *Skype:* Xavier.calvez.icann
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
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