March 2017 - Ccwg-auctionproceeds

FW: Board message to the CCWG-AP
by Jonathan Robinson March 14, 2017

March 14, 2017

All, Please be aware of the following note received today from Steve Crocker, Chair of the ICANN Board. Thank-you Jonathan & Ching Co-Chairs, CCWG-AP From: Steve Crocker [mailto:steve.crocker@board.icann.org] Sent: Friday, March 3, 2017 3:48 AM To: chiao(a)brandma.co; jrobinson(a)afilias.info Cc: marika.konings(a)icann.org; Lauren Allison <lauren.allison(a)icann.org>; Icann-board ICANN <icann-board(a)icann.org>; Board-Ops-Team(a)icann.org Subject: Board message to the CCWG-AP Dear CCWG-AP members, We are pleased to hear that the CCWG-AP is now starting its work on creating one or more proposals for the Board’s consideration and we wish this work well over the coming months. The Board wishes to convey the following. First, to confirm what I think is already well understood, the Board has chosen Asha Hemrajani and Becky Burr as the Board liaisons to the CCWG-AP. Both are experienced, thoughtful, conscientious and committed to working constructively with the CCWG-AP. We have set up an internal process to keep the Board informed and to channel any thoughts we have through Asha and Becky. Second, although I think it’s been mentioned more than once already, we mention again this process presents important legal and fiduciary constraints in relation to ICANN’s 501(c)3 status and the fiduciary responsibility of the ICANN Board of Directors and Officers. It is important that all those participating in this effort are well-aware of these limitations and I encourage careful review of the Legal and Fiduciary note ( https://community.icann.org/display/CWGONGAP/Legal+and+Fiduciary+Constraint…) that was submitted to the Drafting Team by the ICANN legal and finance teams as well as any ongoing notes/recommendations that ICANN staff may provide to the CCWG in the course of the CCWG’s work. Third, with respect to the cost of operation of the CCWG-AP, we emphasize the importance of the following items in supporting a successful, responsible, and productive process for all involved: * The CCWG has to be run as a project with proper budget and schedule. This should be based on a plan for the working group. * The auction proceeds remain curtained off until the next phase, i.e. an approved plan for distribution of the proceeds. The CCWG-AP is funded out of the ongoing budget. * Once a system is set up for distribution, the cost of administering the distribution of the funds will naturally come out of the auction proceeds. As a point of departure, the nominal goal for the overhead is no more than 5%. However, rather than focusing on a specific figure first, the output of the CCWG-AP should include in its proposal the mechanism and/or process for: * receiving, selecting and distributing the funds; * overseeing the funded projects; * properly reporting on the expenditures and projects in order to meet the community’s requirements for transparency and accountability. Fourth, the CCWG-AP must cast a wide net, not limited to just the existing SO and AC structures. Fifth, the focus should be on general principles and objectives. Choices of specific projects will be made in the next phase. Sixth, to avoid conflicts of interest, there should be clear separation of those deciding general direction, those choosing specific projects and those receiving the funds. We look forward to following your work and thank you in advance for the efforts of the CCWG-AP. Steve Crocker Chair, ICANN Board of Directors

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Please participate by Friday 10 March - Charter Questions Initial Assessment Survey
by Marika Konings March 10, 2017

March 10, 2017

Dear All, As discussed during today’s meeting, to facilitate the CCWG Auction Proceeds initial pass of the charter questions to facilitate the development of the work plan, all CCWG members and participants are invited to respond to the following survey by no later than Friday 10 March: https://www.surveymonkey.com/r/Charterquestionsinitialassessment. Once the poll closes, a link to all poll responses (including both individual and aggregated results) will be sent to the CCWG’s mailing list to help inform the initial run through which is intended to inform the finalization of the CCWG work plan. For each of the charter questions, which have been grouped in a legal/structure (CCWG Charter questions 1, 3, 5, 7, 8 and 11) and a scope (CCWG Charter questions 2, 4, 6, 9, 10) category, the same questions are asked which are intended to facilitate the determination in which order these should be considered, possible external expertise needed and additional/sub-questions that need to be included. Thank you for your participation. Best regards, Marika Marika Konings Vice President, Policy Development Support – GNSO, Internet Corporation for Assigned Names and Numbers (ICANN) Email: marika.konings(a)icann.org<mailto:marika.konings@icann.org> Follow the GNSO via Twitter @ICANN_GNSO Find out more about the GNSO by taking our interactive courses<http://learn.icann.org/courses/gnso> and visiting the GNSO Newcomer pages<http://gnso.icann.org/sites/gnso.icann.org/files/gnso/presentations/policy-…>.

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Proposed Agenda - CCWG Auction Proceeds Meeting 15 March
by Marika Konings March 9, 2017

March 9, 2017

Dear All, Please find below the proposed agenda for the next meeting of the CCWG Auction Proceeds which is scheduled for Wednesday 15 March from 15.15 – 16.45 CET (14.15 – 16.45 UTC, see http://sched.co/9npe for further details). For remote participation details, please see https://community.icann.org/x/HqfRAw. In relation to item 4, staff has created the attached table to facilitate the review and discussion of the Board letter. Best regards, Marika Proposed Agenda 1. Welcome & introductions 2. Roll call / SOI – DOI 3. Recap & continuation of Briefing on ICANN’s legal & fiduciary constraints and ICANN’s mission, including Q&A (see Legal and Fiduciary Constraints Related Materials<https://community.icann.org/display/CWGONGAP/Legal+and+Fiduciary+Constraint…>) 4. Board letter to CCWG (see https://community.icann.org/x/V7XRAw as well as attached table) 5. Review of initial survey results and discussion of next steps 6. Confirm next meeting - 30 March at 14.00 UTC Marika Konings Vice President, Policy Development Support – GNSO, Internet Corporation for Assigned Names and Numbers (ICANN) Email: marika.konings(a)icann.org<mailto:marika.konings@icann.org> Follow the GNSO via Twitter @ICANN_GNSO Find out more about the GNSO by taking our interactive courses<http://learn.icann.org/courses/gnso> and visiting the GNSO Newcomer pages<http://gnso.icann.org/sites/gnso.icann.org/files/gnso/presentations/policy-…>.

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DNS WOMEN COCKTAIL formal invitation -ICANN 58th Copenhagen
by Vanda Scartezini March 7, 2017

March 7, 2017

Sorry if it is repeated but I am running here before leave to Copenhagen. Here the DNS WOMEN invitation to all women in this group, staff included!!! The alert is in the agenda too This formal invitation is to allow you to register as per hotel rules we need to follow. Bring your badges for facility. Hope to see you with us next week! Lots of kisses Vanda Scartezini Polo Consultores Associados Av. Paulista 1159, cj 1004 01311-200- Sao Paulo, SP, Brazil Land Line: +55 11 3266.6253 Mobile: + 55 11 98181.1464 Sorry for any typos. HAPPY 2017! From: <ccwg-auctionproceeds-bounces(a)icann.org> on behalf of Nadira Alaraj <nadira.araj(a)gmail.com> Date: Friday, February 24, 2017 at 6:03 AM To: Michelle DeSmyter <michelle.desmyter(a)icann.org> Cc: "gnso-secs(a)icann.org" <gnso-secs(a)icann.org>, "ccwg-auctionproceeds(a)icann.org" <ccwg-auctionproceeds(a)icann.org> Subject: Re: [Ccwg-auctionproceeds] Mp3, Attendance & AC Chat from CCWG Auction Proceeds call on Thursday, 23 February 2017 Hi Jonathan and Ching, Following to my chat comment during the meeting with regards to combining the skills assessment survey with the coming tool to answer to the Charter questions, may I suggest and with the acceptance of the CCWG members, to produce a short list of experts in this group. Now the responses to the "CCWG skills and expertise" survey are there, having a filter to produce a list based on those who consider themselves have the expertise level. From my point of view, this short listing will help giving some indication of who can be the reference point in certain skill. What do you think? Best wishes, Nadira ALARAJ On Fri, Feb 24, 2017 at 1:25 AM, Michelle DeSmyter <michelle.desmyter(a)icann.org<mailto:michelle.desmyter@icann.org>> wrote: Dear all, Please find the attendance of the call attached to this email and the MP3 recording below for the CCWG Auction Proceeds call held on Thursday, 23 February 2017 at 15:00 UTC. Mp3: http://audio.icann.org/gnso/gnso-new-gtld-auction-proceeds-23feb17-en.mp3 The recordings and transcriptions of the calls are posted on the GNSO Master Calendar page: http://gnso.icann.org/en/group-activities/calendar<https://urldefense.proofpoint.com/v2/url?u=http-3A__gnso.icann.org_en_group…> ** Please let me know if your name has been left off the list ** Mailing list archives: http://mm.icann.org/pipermail/ccwg-auctionproceeds/ Wiki page: https://community.icann.org/x/SpvRAw Thank you. Kind regards, Michelle DeSmyter ------------------------------- Adobe Connect chat transcript for Thursday, 23 February 2017 Michelle DeSmyter:Dear All, Welcome to the New gTLD Auction Proceeds CCWG call on Thursday, 23 February 2017 at 15:00 UTC. Michelle DeSmyter:Meeting wiki page: https://urldefense.proofpoint.com/v2/url?u=https-3A__community.icann.org_x_… Erika Mann:I found the Adobe connection. Thanks! Asha Hemrajani:Good evening from Singapore Asha Hemrajani:Hello Erika! Erika Mann:Hi Asha! Alan Greenberg:Hello all. Attendance a bit sparse, even for 5 miuntes early. Erika Mann:Hi Alan! Vanda Scartezini:hi hi everyone! Vanda Scartezini:hi Erika, nice to see you here hadia elminiawi:Hello all Marc Gauw:Hi everyone from a very 'stormy' Amsterdam Julf Helsingius (GNSO NCPH NCA):Ah, just force 10... Vanda Scartezini:Beautiful sun shining in this summer here in Sao Paulo Marc Gauw:growing to 12 in the next hours....brrr Vanda Scartezini:hi Asha Julf Helsingius (GNSO NCPH NCA):I will be listen/typing only, as I caught a nasty flu in Iceland, and have no voice... Julf Helsingius (GNSO NCPH NCA):Marc: KLM has been cancelling flights out of Amsterdam.. Manal Ismail:Hello everyone .. Asha Hemrajani:Hello Vanda! Alice Munyua:Hello everyone de LA CHAPELLE:Hi everyone, sorry I could not join the previous calls. Marc Gauw:Yes, thats the good news Julf, they fly normally above my house :-) Vanda Scartezini:hi Alice Olga Cavalli:Hello all!! good morning from Buenos Aires Jonathan Robinson:Hello All. We will commence shortly. Alberto Soto:Hello all! hadia elminiawi:good evening from egypt Nadira ALARAJ:Hello everyone Jonathan Robinson:Please be reminded that meetings are for Members & Participants only. Observers are welcome to change status to Participant but will need to complete DOI and SOI in order to do so. Dietmar Stefitz:Hi Everyone ! Erika Mann:Hi, hi ... no one is talking? Jonathan Robinson:Please check your mic is on mute. Vanda Scartezini:thank you Alan Ching Chiao:thank Alan Mathieu Weill, ccNSO:Hello everyone Marika Konings:Formal call is expected to go out shortly Glenn:on mute Erika Mann:Jonathan, Marika - a short summary would be good Vanda Scartezini:+ 1 Erika Olga Cavalli:+1 Erika Alice Munyua:Agree on some of the key areas we will require expert input hadia elminiawi:when we start the actual work - we shall be able ti dentify where we fall short elliot noss:+1 hadia matthew shears:+ 1 also Erika Mann:Agree with Nadia Olga Cavalli:+1 Hadia Alice Munyua:The survey while not objective suggest that we will need expert inout in some key areas. We need to determine at what point this will be required Alice Munyua:Are the gaps not clear enough from the survey? Marika Konings:as noted, some external experts were identified that are not part of this assessment, so some of the gaps may be filled by those external experts identified? Xavier:and Xavier is on the call. Vanda Scartezini:good to have legal and financial from ICANN Staff Alice Munyua:Thanks Marika. Marika Konings:See https://urldefense.proofpoint.com/v2/url?u=https-3A__docs.google.com_docume… for the external experts identified to date. Erika Mann:Jonathan - indeed it's good to have Sam next time. My point was to have Xavier as well for another exchange about finance and audit. Vanda Scartezini:Xavier is grear to help us with a specific knowledge on "how"and "why not"and alternatives in some suggestions Ching Chiao:please note that Marika circulated a memo / note prepared by Xavier (Note May 2015). This would help us understand a lot better about legal and fudiciary constraints. Vanda Scartezini:grear= great matthew shears:agree with Mathieu - in addition to which costs for experts can escalate quickly Vanda Scartezini:Thnaks Ching I may miss it Mathieu Weill, ccNSO:I don't think there's any avenue that is a "dead alley". And I agree with Alan experts can show us what is possible Jonathan Robinson:Please note. No current budget for external expertise. If you do think funds will be required to support this group we need to make it know. Asha Hemrajani:Agree with Alan's point about the "gotchas" Nadira ALARAJ:The document is a great compilation of different legal constraints elliot noss:it would be quite practical to use her for an hour presentation Jon Nevett:Any expenses we incur should come out of the Auction Proceeds fund and not general operating expenses. We could do that right away out of the interest the funds are earning or as a payback to ICANN at a later time.. hadia elminiawi:+1 elliot Mathieu Weill, ccNSO:Regarding budget requests, we could start by asking ICANN (Xavier) whether a specific ICANN project is currently active or considered in the Ops Plan ? elliot noss:-1 jon Alice Munyua:+1 Elliot Vanda Scartezini:I alsoa gree with Elliot elliot noss:given the breadth of things funded, if we need expertise we should get it. I am not terribly in favour of much outside expertise and would not be in favour of asking for budget now Marika Konings:@Mathieu - I believe the answer is no (not beyond the staff support and services that are currently provided) elliot noss:I DISAGREED with it elliot noss:-1 not +1 elliot noss:but a noble effort jon! :-) Jon Nevett:i think we agree and he doesn't realize it! elliot noss:haha. maybe! Alan Greenberg:My question should not be taken as presuming we need funding, I just wanted clarity so we were all on the same page. Vanda Scartezini:@ alan that was what i understood too- not waste money that can be used in a better program / project Becky Burr:Jon - re your comment that costs for experts should come out of the auction proceeds, keep in mind that the auction proceeds are completely segregated and unavailable for funding anything until the community has developed and the Board has adopted a community developed policy for distributing the funds. Becky Burr:The policy may recommend using auction proceeds to replenish ICANN funds in the amount spent by the CCWG on experts, for example, but this can't be done in advance of the policy Jon Nevett:Becky: Understood, but there is precedent for repaying historical costs. It could be done, but ok if ICANN doesn't want to. Asha Hemrajani:+1 Becky Jon, I think the focus should be on, as Jonathan has already pointed out, figure out what is the funds required to support the group and work with Xavier to Asha Hemrajani:see what can be done Becky Burr:definitely could be done consistent with the policy elliot noss:love the idea jonathan Asha Hemrajani:@Jon first the group should figure out what is needed Becky Burr:when do we discuss the goals and purpose for which auction proceeds should be dispersed? matthew shears:yes, perhaps reordering as per daniel and then a fast pass elliot noss:yes and the survey Erika Mann:I like this recommended approach Becky Burr:I do like the first pass approach Nadira ALARAJ:Daniel cluster is very smart way of doing things in two parallel tracks Vanda Scartezini:yes. debte the goals to achieve Jon Nevett:The point is that folks on the CCWG should know that what we spend likely will come out of the auction funds and we should be very prudent in what we spend (or ask to spend). Mathieu Weill, ccNSO:I support the reordering, and concur with Becky that discussion the overall purpose is key. Becky Burr:Can we add a question about goals/purpose? Dietmar Stefitz:Good approach! Clear and fast matthew shears:yes, Becky's question is rather important! Vanda Scartezini:Yes Becky must be added Mathieu Weill, ccNSO:Until we've clarified goal / purpose, most questions can't be settled Asha Hemrajani:Yes we ought to add something about the overarching goals Asha Hemrajani:Exactly Mathieu Erika Mann:We should discuss goals in a broader sense, we should at least be able to exclude what should not receive funding Dietmar Stefitz:+1 Manal Ismail:JOnathan your voice was breaking sorry of you already asked me to take the floor .. Vanda Scartezini:goasl like - project that focus on all regions ... elliot noss:I would suggest that goals should be preceded by survey. this is ICANN. we have all been through these things. we could discuss goals for months! :-) Erika Mann:Jonathan, we might want to review the principles we definded in the Charter Vanda Scartezini:yes Elliot, a survey will be a good start point Marika Konings:One survey question could also be what additional questions need to be answered by the CCWG (not only sub-questions) which could cover the overarching question on goal / purpose? Vanda Scartezini:could be Marika. will get all issues we are debating here Manal Ismail:My question was wether we should add to this first question the word 'allocation' along with selection/ranking .. Erika Mann:That's a good way connecting the key questions to subquestions. Then we can answer these questions and should be able to add new questions if needed. Manal Ismail:ok thanks Jonathan for the clarification hadia elminiawi:clustering seems good to me too, however we need to all have the same understanding of what falls under each questions to make educated decisions Jon Nevett:The four questions -- why is this fund different from all other funds? Nadira ALARAJ:It will be an anticipated need assessment but might not give good indication Ching Chiao:sounds good ! Jon Nevett:sorry -- that was a bad joke Ching Chiao::) Marc Gauw:Jon: it is bigger :-) Ching Chiao:can name the survey like ... first-round brain dump Nadira ALARAJ:+1 Ching Erika Mann:Marika +1 Daniel Dardailler:I'm not sure I understand how many F2F are planned til the end of the year ? Just one at ICANN60 ? Becky Burr:(I thought it was funny Jon N.) Erika Mann:We should work with reasonable time constraints Marika Konings:No F2F meetings are planned in the draft work plan Vanda Scartezini:push too much not the best solution Alan Greenberg:As did I Jon! Just had not seen it in a timely manner. Dietmar Stefitz:As for time, if we have a general specific meeting, we can advance a lot faster. 3 days including esperts,e tc. Marika Konings:ICANN59 is expected to be policy focused, so not sure if this qualifies as policy? Nadira ALARAJ:If this initial survey to be combined with group expertise in mind Daniel Dardailler:ok Nadira ALARAJ:It makes the responses better judith hellerstein:so does that mean there will not be a room reserved for a meeting Marika Konings:I don't know if space will be made available for non policy meetings, but we can confirm closing to the date of the meeting. Vanda Scartezini:i do believe be or not policy is not relevant for use the opportunity to meet F2F Marie-Noemie Marques:Do we know when we can meet in Copenhagen ? Dietmar Stefitz:I think it's on 15th of march at 15.00 hours Daniel Dardailler:so whenever a subset of the group meets f2f, there will be a teleconf with the rest of the group at the same time ? Alan Greenberg:MArika, if this is worthy of our time, it should not be put on hold due to the name of the meeting! Marika Konings:Details of the Copenhagen meeting can be found here: https://urldefense.proofpoint.com/v2/url?u=https-3A__schedule.icann.org_eve… Marika Konings:@Alan - it will be up to the chartering organizations. The SO/ACs will decide on the priorities for the meeting, so if this is one of the topics that is a priority, I'm sure it will get on the schedule :-) Marika Konings:but there are only 4 days, so tough choices will need to be made Alan Greenberg:Marika, we are saying the same thing! Erika Mann:Thank you as well Marika Konings:@Daniel - remote participation will be available for the meeting in Copenhagen (Adobe connect & phone) Vanda Scartezini:very productive meeting Tks hadia elminiawi:Thank you all Alice Munyua:Thank you Marc Gauw:Thanks all ! Bye bye Asha Hemrajani:Thank you all - good to see so many attendees today. This is an important project. Alice Munyua:bye elliot noss:thanks all Daniel Dardailler:thanks staff and chair, bye Dietmar Stefitz:Thnaks Becky Burr:thanks Nadira ALARAJ:Thanks judith hellerstein:bye all Peter Vergote (.be/ccNSO):Txs. Bye all matthew shears:thanks Manal Ismail:Thanks .. Jennifer Chung:thanks all Vanda Scartezini:Thank you all very productive meeting _______________________________________________ Ccwg-auctionproceeds mailing list Ccwg-auctionproceeds(a)icann.org<mailto:Ccwg-auctionproceeds@icann.org> https://mm.icann.org/mailman/listinfo/ccwg-auctionproceeds --

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DNS WOMEN COCKTAIL - formal invitation - ICANN 58 Copenhagen Wednesday march 15th
by Vanda Scartezini March 3, 2017

March 3, 2017

Dear Women member and staff of our Auction Proceeds CCWG – Please be invited to attend our traditional cocktail during ICANN 58th, Copenhagen. Attached the invitation. Please register yourselves as per hotel rules – just click inside the invitation. Since the text is not so clear related to the place, here the copy of the location: Auditorium Foyer, AC Hotel Bella Sky Copenhagen, Center Boulevard 5 Copenhagen 2300 Denmark. The hotel is the one connected to the ICANN venue. The event is also at ICANN agenda. Thank you for your attention , wish you all a safe travels to Copenhagen See you there! Vanda Scartezini DNS WOMEN Land Line: +55 11 3266.6253 Mobile: + 55 11 98181.1464 Whattsapp: + 55 11 98181.1464 SKYPE: vanda.scartezini Sorry for any typos. HAPPY 2017!! From: <ccwg-auctionproceeds-bounces(a)icann.org> on behalf of Jonathan Robinson <jrobinson(a)afilias.info> Organization: Afilias Reply-To: "jrobinson(a)afilias.info" <jrobinson(a)afilias.info> Date: Friday, March 3, 2017 at 1:33 PM To: "ccwg-auctionproceeds(a)icann.org" <ccwg-auctionproceeds(a)icann.org> Subject: [Ccwg-auctionproceeds] FW: Board message to the CCWG-AP All, Please be aware of the following note received today from Steve Crocker, Chair of the ICANN Board. Thank-you Jonathan & Ching Co-Chairs, CCWG-AP From: Steve Crocker [mailto:steve.crocker@board.icann.org] Sent: Friday, March 3, 2017 3:48 AM To: chiao(a)brandma.co; jrobinson(a)afilias.info Cc: marika.konings(a)icann.org; Lauren Allison <lauren.allison(a)icann.org>; Icann-board ICANN <icann-board(a)icann.org>; Board-Ops-Team(a)icann.org Subject: Board message to the CCWG-AP Dear CCWG-AP members, We are pleased to hear that the CCWG-AP is now starting its work on creating one or more proposals for the Board’s consideration and we wish this work well over the coming months. The Board wishes to convey the following. First, to confirm what I think is already well understood, the Board has chosen Asha Hemrajani and Becky Burr as the Board liaisons to the CCWG-AP. Both are experienced, thoughtful, conscientious and committed to working constructively with the CCWG-AP. We have set up an internal process to keep the Board informed and to channel any thoughts we have through Asha and Becky. Second, although I think it’s been mentioned more than once already, we mention again this process presents important legal and fiduciary constraints in relation to ICANN’s 501(c)3 status and the fiduciary responsibility of the ICANN Board of Directors and Officers. It is important that all those participating in this effort are well-aware of these limitations and I encourage careful review of the Legal and Fiduciary note ( https://community.icann.org/display/CWGONGAP/Legal+and+Fiduciary+Constraint…) that was submitted to the Drafting Team by the ICANN legal and finance teams as well as any ongoing notes/recommendations that ICANN staff may provide to the CCWG in the course of the CCWG’s work. Third, with respect to the cost of operation of the CCWG-AP, we emphasize the importance of the following items in supporting a successful, responsible, and productive process for all involved: * The CCWG has to be run as a project with proper budget and schedule. This should be based on a plan for the working group. * The auction proceeds remain curtained off until the next phase, i.e. an approved plan for distribution of the proceeds. The CCWG-AP is funded out of the ongoing budget. * Once a system is set up for distribution, the cost of administering the distribution of the funds will naturally come out of the auction proceeds. As a point of departure, the nominal goal for the overhead is no more than 5%. However, rather than focusing on a specific figure first, the output of the CCWG-AP should include in its proposal the mechanism and/or process for: * receiving, selecting and distributing the funds; * overseeing the funded projects; * properly reporting on the expenditures and projects in order to meet the community’s requirements for transparency and accountability. Fourth, the CCWG-AP must cast a wide net, not limited to just the existing SO and AC structures. Fifth, the focus should be on general principles and objectives. Choices of specific projects will be made in the next phase. Sixth, to avoid conflicts of interest, there should be clear separation of those deciding general direction, those choosing specific projects and those receiving the funds. We look forward to following your work and thank you in advance for the efforts of the CCWG-AP. Steve Crocker Chair, ICANN Board of Directors

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For your review - ICANN's legal and fiduciary constraints materials
by Marika Konings March 3, 2017

March 3, 2017

Per action item #2, please find all the materials related to the presentation provided by Sam Eisner on ICANN’s legal and fiduciary constraints as well as ICANN’s mission here: https://community.icann.org/x/CbDRAw. You are strongly encouraged to review the materials ahead of the next meeting during which Sam will continue her presentation. If you have any questions as a result, please feel free to share those with the mailing list so that these can be answered during the next meeting. Best regards, Marika From: <ccwg-auctionproceeds-bounces(a)icann.org> on behalf of Marika Konings <marika.konings(a)icann.org> Date: Thursday, March 2, 2017 at 10:48 To: "ccwg-auctionproceeds(a)icann.org" <ccwg-auctionproceeds(a)icann.org> Subject: [Ccwg-auctionproceeds] Notes and action items from today's CCWG Auction Proceeds Meeting Dear All, You’ll find below the notes and action items from today’s CCWG Auction Proceeds meeting. Please look out for separate emails in relation to the different action items. Best regards, Marika Notes - 02 March 2017 CCWG Auction Proceeds These high-level notes are designed to help PDP WG members navigate through the content of the call and are not meant as a substitute for the transcript and/or recording. The MP3, transcript, and chat are provided separately and are posted on the wiki at: https://community.icann.org/x/DLHDAw[community.icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__community.icann.org_x_…>. 1, Roll call / SOI-DOI updates · Roll call will be taken from Adobe Connect · Please remember to state your name before speaking and mute your microphone when not speaking · Remember to review and as appropriate update your SOI/DOI 2. Welcome · Main objective of today's meeting is a briefing on ICANN's legal & fiduciary constraints as well as ICANN's mission 3. Briefing on ICANN’s legal & fiduciary constraints and ICANN’s mission, including Q&A · Presented by Samantha Eisner, Deputy General Counsel · See also the memo that is referenced in the charter and developed at the time of the drafting team's work · Both Sam and Xavier Calvez (ICANN's CFO) plan to attend the CCWG meetings on a regular basis so if there are further questions throughout the CCWG's deliberations, it will be possible to ask these. · Funds are part of ICANN's Operating Funds - as a result, there are restrictions how these funds can be disbursed not to put into jeopardy ICANN's tax status. · ICANN has a 501(c)(3) tax exempt status. Granted by US government. Revenues generated must be used to support the organization's mission. ICANN also has California legal requirements as a Nonprofit Public Benefit Organization. · This status is reviewed on a regular basis - if requirements are no longer met, ICANN could lose part or complete status. · ICANN does not have shareholders - it cannot be organized or operated to the benefit of private interest. E.g. no dividends, stock options. Any money coming in is expected to be spend towards its mission. CCWG needs to factor this in for the use of auction proceeds. · Guidelines and Proposed principles to guide the work: · Consistency with ICANN's Mission as set out in the Bylaws. ICANN cannot spend money that is not consistent with the ICANN's mission. See also reference in Applicant Guidebook. From source to destination evaluation - mechanism to oversee that funds are used for the purposes identified that are aligned with ICANN's mission. ICANN cannot only be challenged externally, by IRS, but also by the community through the accountability mechanisms. · ICANN's mission is set out in article 1 of the ICANN Bylaws: https://www.icann.org/resources/pages/governance/bylaws-en/#article1 · Not for ICANN legal to say what is within or outside of ICANN's mission, consistency with mission is for the CCWG to consider and subsequently by the ICANN Board as it considers the recommendation. · Input from ICANN Org is intended to facilitate the CCWG's deliberation by ensuring that the fiduciary and legal constraints are understood and respected. · CCWG Charter does not preclude possible recommendations to make changes to the mission, but these would need to go through the proper community processes for changing fundamental Bylaws. · Acting in service of the mission is the same as not acting inconsistent with the mission. Not necessary for any other organization to have exactly the same mission, but should contribute or be aligned with part of it. · Many possible mechanisms that can be used for the disbursement of funds, each with their own pros/cons, costs/benefits. For the CCWG to evaluate these options and determine what fits best with the goals / objectives set by the CCWG. · Is it reasonable to assume that funds cannot be spent on things that ICANN wouldn't / couldn't do itself? Probably a good starting point. Mission is now articulated not aspirational, following updates made as a result of the CCWG-Accountability recommendations. · Core values would need to be factored in, but not necessarily all met at the same time. · Private Benefit Concerns - as an 501(c)(3) organization, ICANN cannot provide its funds towards the private benefit of individuals. Wide range of considerations to be made to make sure an organization meets these criteria. Typically other 501(c)(3) organizations are not for private benefit, but what about entities outside of the US? 501(c)(3) status only does not have to be determinative. Eligibility can be established through other means. Private benefit concerns would cover any entity, organization or sub-organization. · Due diligence continues also after grant / funds are being dispersed. Requires a type of audit process. · Grants/payments of funds directly to individuals raise private benefit concerns. · Must not be used for Political Activity. Action item #1: Sam to continue presentation at next CCWG meeting (Wednesday March 15 from 15.15 – 16.30 CET) Action item #2: Staff to circulate slides and transcript/recording / CCWG to review materials ahead of next meeting Action item #3: Staff to pull questions from chat transcript into separate document. 4. Update on charter questions survey · As discussed during last meeting, initial assessment of charter questions through means of a survey · Survey has prepared following the last meeting - grouped into two baskets (legal & scope), with each three standard questions (gating question or not, external expertise needed or not, any sub-questions). · Survey will launch shortly after this meeting. All encouraged to respond to the survey prior to the next meeting. Action item #4: CCWG to respond to survey on charter question initial assessment Action item #5: CCWG to further consider how to summarize DOI statements to make it easier to identify who will be planning to apply for funds. Leadership to work with staff on a proposed way forward. For example, staff could review DOI and add asterisk for those that have responded to 'yes' planning to apply. 5. Confirm time / date of next meeting · Wednesday March 15 from 15.15 – 16.30 CET (see http://sched.co/9npe[sched.co] for further details) Marika Konings Vice President, Policy Development Support – GNSO, Internet Corporation for Assigned Names and Numbers (ICANN) Email: marika.konings(a)icann.org<mailto:marika.konings@icann.org> Follow the GNSO via Twitter @ICANN_GNSO Find out more about the GNSO by taking our interactive courses[learn.icann.org]<https://urldefense.proofpoint.com/v2/url?u=http-3A__learn.icann.org_courses…> and visiting the GNSO Newcomer pages[gnso.icann.org]<https://urldefense.proofpoint.com/v2/url?u=http-3A__gnso.icann.org_sites_gn…>.

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Mp3, AC Chat, AC Recording & Attendance from CCWG Auction Proceeds call on Thursday, 02 March 2017
by Michelle DeSmyter March 2, 2017

March 2, 2017

Dear all, Please find the attendance of the call attached to this email and the MP3 recording below for the CCWG Auction Proceeds call held on Thursday, 02 March 2017 at 15:00 UTC. Mp3: http://audio.icann.org/gnso/gnso-new-gtld-auction-proceeds-02mar17-en.mp3 AC Recording: https://participate.icann.org/p2eho8nm9zf/ The recordings and transcriptions of the calls are posted on the GNSO Master Calendar page: http://gnso.icann.org/en/group-activities/calendar[gnso.icann.org]<https://urldefense.proofpoint.com/v2/url?u=http-3A__gnso.icann.org_en_group…> ** Please let me know if your name has been left off the list ** Mailing list archives: http://mm.icann.org/pipermail/ccwg-auctionproceeds/ Wiki page: https://community.icann.org/x/TpvRAw Thank you. Kind regards, Michelle DeSmyter ------------------------------- Adobe Connect chat transcript for Thursday, 02 March 2017 Michelle DeSmyter:Dear All, Welcome to the New gTLD Auction Proceeds CCWG call on Thursday, 02 March 2017 at 15:00 UTC. hadia Elminiawi:hello all hadia Elminiawi:yes i can hear you Marika Konings:@Daniel - there is no camera enabled in Adobe Connect (or at least we don't see you :-) Marika Konings:Sorry, am not on audio yet - waiting for a dial out. Michelle DeSmyter 3:k - thank you Mathieu Weill:Video is possible in Adobe, but needs to be activated by host Manal Ismail:hello everyone :) !! Alberto Soto:Helo eeryone! Daniel Dardailler:when connecting, it asks for permission to use both mike and cam Marika Konings:I am here but not on audio yet Julf Helsingius:bad feedback Nadira ALARAJ:Hello All Mathieu Weill:@Daniel : it's just in case, and probably linked to your browser parameters Nadira ALARAJ:Yes we do Sam Daniel Dardailler:thx matt Ching Chiao:Hello everyone Erika Mann:Hi, hi Asha Hemrajani:Good evening from Singapore Marika Konings:Yes Sylvia:yes Sam, thanks elliot noss:@julf the feedback is likely on your end. all good here Julf Helsingius:@elliot it was a very short-lived feedback when jonathan or marika was speakeing elliot noss:ack Vanda Scartezini:hi sorry to be late Jonathan Robinson:@Vanda. Welcome. Briefing from Sam Eisner underway. Slide 3 Vanda Scartezini:great . following Vanda Scartezini:I am quite aware on California reuisites for exemptions Dietmar Stefitz:Sorry for the delay ç Vanda Scartezini:question not to interrupt - any not ofr ptofit organization even not from US shall fill the 501 as a support to ICANN's 501? Marika Konings:https://www.icann.org/resources/pages/governance/bylaws-en/#article1 Erika Mann:Dietmar - Sam Eisner from legal is taking us through the legal and fiduciary implications to consider Dietmar Stefitz:Thanks Erika Vanda Scartezini:thank you! Mathieu Weill:<QUESTION> Does the Charter rule out the option where CCWG would recommend a purpose for the proceeds AND an amendment to the Mission ? </QUESTION> Erika Mann:The Drafting Team did not discuss this, not to my knowledge elliot noss:changing ICANN's mission is a BIG lift Sylvia:Lost Sam's Marika Konings:5-6 months is probably even tight :-) Mathieu Weill:i'm well aware of the challenge of changing a Fundamental Bylaw, but thanks Sam Asha Hemrajani:@Mathieu that was out of the scope of the drafting team's mandate :-) Erika Mann:I'm fine Julf Helsingius:Audio is finer Sylvia:Got it back Mathieu Weill:Great elliot noss:figuring out how we can best use funds in a way CONSISTENT with is a broader frame that, I think, allows us to not be limited to unique identifiers in our work Glenn McKnight:Sound quality is fuzzy judith hellerstein:for me Sam is coming in clearly judith hellerstein:it was just the person coming via phone was a bit fuzzy Alberto Soto:Sorry, I have serious problems with my internet access. The service is very choppy. I have to leave the call. regards hadia Elminiawi:@Glenn I can't hear anything Julf Helsingius:Does "private benefit concerns" cover sub-organisations or constituencies? judith hellerstein:@hadia.try restarting the adobe connect that helps Marc Gauw:There are 501-look-a-like organisations outside the US, like the 'ANBI'-status in Holland hadia Elminiawi:@judith I'll try again elliot noss:(who is speaking?) Julf Helsingius:Bad audio from speaker Daniel Dardailler:hard to understand.. Wale Bakare:Hi all Vanda Scartezini: i could not follow this - difficult to hear Ching Chiao:i tihnk it's best to have current speaker send in the question by email Asha Hemrajani:Very difficult to understand person who is speaking. Waudo Siganga:does the due diligence continue after the grant, is continuous monitoring/audit a requirement for 501(c)3? Vanda Scartezini:Waudo. as I made the pquestion ebfore, how to really demosntrate.. using 501 as support of ICANN's 501? Jonathan Robinson:@Sam. You effectively did it, but please do repeat the question in the case of poor / unclear aduio. Julf Helsingius:I don't think that is in the scope of the group Dietmar Stefitz:My Question: Is it possible to establish new foundations which comply with Icanns Mission, and care for the interest of various groups.This will give a good use for this funds and will work fruitfully for a long time . Sylvia:This group is not task with the design of the auction, but with the use of the funds collected through the auction Xavier Calvez:@Kavouss: it is not the nature of the funds that determine whether they are consistent with the mission, it is about how the funds obtained are used. Any nonprofit can generate funds in any legal means without putting at stake its status and mission, as long as the funds are used consistently with its mission. Vanda Scartezini:+ 1 XAvier Sylvia:+1 Xavier. Carolina Caeiro:Hi all, apologies. I am joining late. Just coming out of another meeting Marc Gauw:The risk on 'private benefits' or 'outside mission' can be reduced by granting in arrear instead of in advance (on 'milestones') Vanda Scartezini:Carolina, Samantha is running us through 501 not for profit demands Carolina Caeiro:Thank you, Vanda. Will quickly browse through the meeting notes now Vanda Scartezini:yes Marc. normally the way we do around here. in stalments X results Alan Greenberg:Perhaps best to comp[lete presentation and then do more detailed questions. Sylvia:+1 Alan Vanda Scartezini:Yes, ALAn, reason why I did not put mine again Ching Chiao:i am sure there are many non-profit organizations that constantly using auction as fund-raising method to generate "operating" fund. Is it still an option for ICANN to do so ? (just for my curiosity) Dietmar Stefitz:Put my question on a easier term: Can Icann give the funds to a new established Foundation/Trust ? Which works spcially on the Mission of ICANN ? Julf Helsingius:Thanks! Erika Mann:That might create an anti-competive action Vanda Scartezini:Dietmar - you eman new one or need to have being operating for longer? Jon Nevett:ICANN funded that in the past Jon Nevett:so it has to be in mission Asha Hemrajani:I think figuring out a mechanism on how to determine whether something is within the mission is in mandate of this CCWG Mathieu Weill:+1 Asha Asha Hemrajani:@Nadira that is a good question, please see my comment above hadia Elminiawi:i still have a problem with my audio, i follow the transcript Dietmar Stefitz:Thanks Asha Hemrajani:Again, the method/mechanism for disbursement could be in the mandate of this CCWG elliot noss:can you hear me? Marika Konings:Elliot - have you contected your microphone via Adobe Connect? Becky Burr:Asha/Mathieu - I assume you mean a mechansim for asking ICANN to rule on whether something is within ICANN's Mission Erika Mann:@Elliot!!! Ching Chiao:we can't hear you Elliot Marika Konings:You need to click the phone symbol at the top and connect your microphone Becky Burr:I believe that call would implicate fiduciary obligations Vanda Scartezini:yes Asha , I beleive it is , we can not establish a process without go deeply to see how it will work Marika Konings:or alternatively dial in (or we can dial out to you) Becky Burr:but this group cannot have the final call on whether something is or is not within ICANN's Mission elliot noss:I will dial in. I am not muted hadia Elminiawi:@ marika for some reason it is not happenning, I am trying to coneect it, but it is not connected, in the beginning of the call before logging out it was connected Marika Konings:@Hadia - you may want to try logging out and logging back in? hadia Elminiawi:@marika ok Alan Greenberg:I'd really like to finish presentation... Vanda Scartezini:me too Asha Hemrajani:@Becky, not suggesting that the CCWG would have final say on what is or is not within our mission...rather figure out a way by which it can be determined whether or not something is within mission elliot noss:on audio now elliot noss:or on the call now Marc Gauw:Realise that if the granting 501 organisation is to 'instructive' to receiving 501-organisation, the receiving 501-organisation me run in trouble due to being considered as a 'service provider' Becky Burr:@Asha, ok, just want to make sure that point is clear to all Sylvia:Exactly, Elliot. That is my understanding around being used to support that is consistent with mission. Asha Hemrajani:@becky yes good to clarify that to all, that's why I wanted to mention it in response to Sam's comments. IMO this is probably one of the most critical areas the CCWG would need to work on. Asha Hemrajani:Jonathan, there is a lot of echo Vanda Scartezini:yes pelase Vanda Scartezini:let's finish the presentation.. Sylvia:+1 Jonathan Erika Mann:Actually we had a discussion about the topic Elliot raises. At least we haven't established principles that would narrow the future allotation to a very narrow goal related to the mission Erika Mann:When I say 'we' I talk about the Drafting Team Marc Gauw:QUESTION: Artikel 1 refers to both 'Mission' and 'Core Values'. Do we have to meet Mission AND Core Values, or Mission OR Core Values ? elliot noss:@erika, it sounded like sam thinks we have narrowed in that way Daniel Dardailler:I understand the 501 constraint that you're exposing elliot noss:this is indeed an interesting challenge elliot noss:I am confident becky will figure it out! :-) Manal Ismail:Interesting point raised by Alan .. Erika Mann:@Elliot, we had a discussion about this topic in DT, it was not our goar to define this. CCWG will have to review this. But my sense is that ICANNs mission leaves sufficient spielraum to define a funding area that is workable. Ching Chiao:got cut off -- dialing back Alan Greenberg:I think that "aligned with" gives us more flexibility the "within mission" elliot noss:the phrase that worries me @erika is "stable operation of the Internet's unique identifier systems" Erika Mann:@Alan, yes, do agree elliot noss:the ICANN mission SHOULD be narrow. ours maybe not so much Alice Munyua:+1 Alan Manal Ismail:+1 Alan "aligned with' and 'not inconsistant with' Julf Helsingius:very loud Glenn McKnight:yes, back off the mic a bit, it's distorted Manal Ismail:yes, very loud .. Vanda Scartezini:@elliot. - if we stick with this sentence we will get support to techy groups only... Jonathan Robinson:@All. I have to step away at the top of the hour. Will hand the chair over to Ching at that point. Good questions and discussion. Look forward to continuing in approx 2 weeks time. Erika Mann:I see your point @Elliot but even the narrow mission ""stable operation of the Internet's unique identifier systems" needs an ecosystem to be systained. And I would think the CCWG would interprete this in a similar way. Vanda Scartezini:@Erika, yes if we read correctly the whole mission of ICANN what we shall do elliot noss:@vanda I think we are agreeing. I am calling out that phrase as potentially very narrowing Julf Helsingius:I agree with Erika "stable operation" gives a fair bit of leeway Vanda Scartezini:@ elliot. yes, just focus on open mind when reading mission. Daniel Dardailler:can someone explain in the mission the differences between (iii)((A) and (iv) ? Marc Gauw:@Julf: agree... even better "stable and secure operation" Daniel Dardailler:in (a) Alan Greenberg:I am not at all worried about the lobbying issue or using funds for personal benefit. That we can control. It is how to use the money to do things that we all agree are for the good of the Internet ecosystem and stay aligned with mission. Daniel Dardailler:(my question is unrelated to the auctions) Ching Chiao:hi i m back hadia Elminiawi:@Marc I believe both mission & core values Vanda Scartezini:+ 1 Alan. shall be the focus Julf Helsingius:Unfortunately some of us can't be in Copenhagen for the extra day :( Sylvia:Sam, what is left on the slides? Jonathan Robinson:@Julf. There is no exclusion. We will have full participation on Adobe. It is not classified as a Face to face meeting of the WG. It simply takes place conincident with the Copenhagen ICANN meeting. Manal Ismail:yes, pls appreciate sharing the slides .. Dietmar Stefitz:I think we will need some more time in Copenhaguen Vanda Scartezini:thank you Samantha. wonderful! Manal Ismail:Thanks Sam very helpful nd informative .. elliot noss:thanks sam Samantha Eisner:Dropping off now - talk to you in Copenhagen Xavier Calvez:Everyone: I am staying on the call if there is any other question for me or that I can convey to Sam. Marika Konings:@Julf - in addition to what Jonathan said, note that this meeting is scheduled to take place on Wednesday during the meeting. Sylvia:Thanks Xavier! Julf Helsingius:@Marika - great, I thoutgh it would be on Saturday Marika Konings:The chat transcript is kept and archived on the wiki space Dietmar Stefitz:Thanks Samantha Manal Ismail:Thanks Xavier .. Sylvia:+1 Erika Vanda Scartezini:good idea Erika Dietmar Stefitz:+1 Erika Manal Ismail:+1 Erika .. Nadira ALARAJ:+1 Erika Alice Munyua:Thank you Sam Marc Gauw:Looks very nice Marika ! Asha Hemrajani:Question for Marika: I may have missed this, but has there been a summary done for all the DoIs that have been collected so far Sylvia:DoI are publicly available, so I do not see the point of doing a summary. Why will a summary be needed? Sylvia:unless I am missing something Asha Hemrajani:A summary of who will be applying for the funds Asha Hemrajani:Might be easier if we would know who is planning to do so. hadia Elminiawi:@Aisha and why is this summary important? Asha Hemrajani:Exactly Alan Asha Hemrajani:+1 Alan Marika Konings:@Alan - how would you prefer us to do that? A separate list? Or marking them on the membership page? Asha Hemrajani:Thanks Alan. hadia Elminiawi:@asha & alan, I can not hear the voice i just read Sylvia:I do not think that is necessary. As this group is not doing decisions around funding allocations, having the DoI is enough. Asha Hemrajani:YEs it would need to be updated, but it should be easily viewable. A simple table would be sufficient. Just a simple list would do Asha Hemrajani:@sylvia, this is not extra information, just an extract of what is already available. Asha Hemrajani:Yes good idea Alan Vanda Scartezini:+ 1 Alan Mathieu Weill:Is there really this question and only this question to be flagged ? Jennifer Chung:+1 Alan and this would be an easy update should DOI and intentions change Asha Hemrajani:@Mathieu good point, but this is something that would be critical Mathieu Weill:It may be quite a workload for staff, should we not ensure we clarify the request first ? Mathieu Weill:Can do on the list Sylvia:Why critical Asha? Sylvia:This group will not be making final fund allocations Asha Hemrajani:This is something the CCWG should be aware of. hadia Elminiawi:@Aisha I don't get the impoetance of the matter elliot noss:+1 in terms of wanting to know Vanda Scartezini:yes Asha, as in any conflict of interest it must be stated Mathieu Weill:Yes, but we should not single out categories of participants without appropriate care and thoughts Sylvia:I agree on wanting to know, but want to understand why Asha considers this critical. Mathieu Weill:I'm concerned we would only point certain categories of conflict Sylvia:+1 Matthieu elliot noss:@mathieu not sure I understand elliot noss:what additional categories? Vanda Scartezini:we are here in some way on behalf of a ICANn group and the goup shall have future interest in participate on the dispute for those funds Asha Hemrajani:@sylvia this is the whole purpose of having everyone fill in the DoI in the first place. All I am suggesting is an easy way to see the individual responses at one go. Mathieu Weill:@Elliott : could be other questions that flag potential conflicts. I only want to review the whole DoI doc before we task staff to do a full review Sylvia:To check yes, but as the taskl of the group is not to allocatre the funds or made final decision, I really want to understand what it criticsl about it. Dietmar Stefitz:Sorry, what means gating question ? hadia Elminiawi:@Aisha I believe the main point is transparency elliot noss:@mathieu still not sure I understand what they may be, but I cannot disagree with what you wrote elliot noss:@vanda my mandate is not in any way connected with my SO Asha Hemrajani:@Hadia yes the whole point of the DoI is transparency - this is about an easy way to see everyone's response. I support Alan's suggestion of an asterisk. Vanda Scartezini:information may be not related to member itself but the organization inside ICANn, as ccNSO, ALAC, GNSO etc elliot noss:if anyones is, that should be transparent Erika Mann:Agree with Alan. We shouldn't rush it. Sylvia:We are not there yet, Alan. Vanda Scartezini:+ 1 Alan Mathieu Weill:And our group's mandate does not include allocation of funds to anyone in particular Erika Mann:Exactly Matthieu Vanda Scartezini:matthieu, yes, but maybe discuss the opportunity in the future Asha Hemrajani:Happy to discuss this at the next meeting as Ching suggested. The idea is not to ask for extra information. Mathieu Weill:I'm confident we'll find a way, we're in line in principle, let's just take the time to design the flagging and it will be a useful exercice Sylvia:Thanks Ching. elliot noss:thanks all Erika Mann:Thanks! Vanda Scartezini:good meeting! see you all in Copenhagen. Dietmar Stefitz:Thanks all, See you in Copenhaguen Asha Hemrajani:Thanks all Vanda Scartezini:safe trip to all Jennifer Chung:thanks all and safe travels Sylvia:Thanks all Manal Ismail:Thanks Ching, Marika and everyone .. Marc Gauw:thank you all, and see you at Icann58 ! Julf Helsingius:Thanks! See you in Copenhagen! Wale Bakare:Thanks, bye all hadia Elminiawi:thanks all, see you soon Nadira ALARAJ:Thank you Ching and all Carolina Caeiro:Thanks everyone! Manal Ismail:Bye .. judith hellerstein:Bye all Daniel Dardailler:bye

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Proposed agenda - CCWG Auction Proceeds meeting
by Marika Konings March 2, 2017

March 2, 2017

Dear All, Please find below the proposed agenda for the upcoming CCWG Auction Proceeds meeting which is scheduled for Thursday 2 March at 15.00 UTC. Best regards, Marika Proposed agenda - CCWG Auction Proceeds Meeting – 15.00 UTC 1. Roll Call / SOI – DOI 2. Welcome 3. Briefing on ICANN’s legal & fiduciary constraints and ICANN’s mission, including Q & A 4. Update on charter questions survey 5. Confirm time / date of next meeting – Wednesday March 15 from 15.15 – 16.30 CET (see http://sched.co/9npe for further details) Marika Konings Vice President, Policy Development Support – GNSO, Internet Corporation for Assigned Names and Numbers (ICANN) Email: marika.konings(a)icann.org<mailto:marika.konings@icann.org> Follow the GNSO via Twitter @ICANN_GNSO Find out more about the GNSO by taking our interactive courses<http://learn.icann.org/courses/gnso> and visiting the GNSO Newcomer pages<http://gnso.icann.org/sites/gnso.icann.org/files/gnso/presentations/policy-…>.

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Notes and action items from today's CCWG Auction Proceeds Meeting
by Marika Konings March 2, 2017

March 2, 2017

Dear All, You’ll find below the notes and action items from today’s CCWG Auction Proceeds meeting. Please look out for separate emails in relation to the different action items. Best regards, Marika Notes - 02 March 2017 CCWG Auction Proceeds These high-level notes are designed to help PDP WG members navigate through the content of the call and are not meant as a substitute for the transcript and/or recording. The MP3, transcript, and chat are provided separately and are posted on the wiki at: https://community.icann.org/x/DLHDAw[community.icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__community.icann.org_x_…>. 1, Roll call / SOI-DOI updates · Roll call will be taken from Adobe Connect · Please remember to state your name before speaking and mute your microphone when not speaking · Remember to review and as appropriate update your SOI/DOI 2. Welcome · Main objective of today's meeting is a briefing on ICANN's legal & fiduciary constraints as well as ICANN's mission 3. Briefing on ICANN’s legal & fiduciary constraints and ICANN’s mission, including Q&A · Presented by Samantha Eisner, Deputy General Counsel · See also the memo that is referenced in the charter and developed at the time of the drafting team's work · Both Sam and Xavier Calvez (ICANN's CFO) plan to attend the CCWG meetings on a regular basis so if there are further questions throughout the CCWG's deliberations, it will be possible to ask these. · Funds are part of ICANN's Operating Funds - as a result, there are restrictions how these funds can be disbursed not to put into jeopardy ICANN's tax status. · ICANN has a 501(c)(3) tax exempt status. Granted by US government. Revenues generated must be used to support the organization's mission. ICANN also has California legal requirements as a Nonprofit Public Benefit Organization. · This status is reviewed on a regular basis - if requirements are no longer met, ICANN could lose part or complete status. · ICANN does not have shareholders - it cannot be organized or operated to the benefit of private interest. E.g. no dividends, stock options. Any money coming in is expected to be spend towards its mission. CCWG needs to factor this in for the use of auction proceeds. · Guidelines and Proposed principles to guide the work: · Consistency with ICANN's Mission as set out in the Bylaws. ICANN cannot spend money that is not consistent with the ICANN's mission. See also reference in Applicant Guidebook. From source to destination evaluation - mechanism to oversee that funds are used for the purposes identified that are aligned with ICANN's mission. ICANN cannot only be challenged externally, by IRS, but also by the community through the accountability mechanisms. · ICANN's mission is set out in article 1 of the ICANN Bylaws: https://www.icann.org/resources/pages/governance/bylaws-en/#article1 · Not for ICANN legal to say what is within or outside of ICANN's mission, consistency with mission is for the CCWG to consider and subsequently by the ICANN Board as it considers the recommendation. · Input from ICANN Org is intended to facilitate the CCWG's deliberation by ensuring that the fiduciary and legal constraints are understood and respected. · CCWG Charter does not preclude possible recommendations to make changes to the mission, but these would need to go through the proper community processes for changing fundamental Bylaws. · Acting in service of the mission is the same as not acting inconsistent with the mission. Not necessary for any other organization to have exactly the same mission, but should contribute or be aligned with part of it. · Many possible mechanisms that can be used for the disbursement of funds, each with their own pros/cons, costs/benefits. For the CCWG to evaluate these options and determine what fits best with the goals / objectives set by the CCWG. · Is it reasonable to assume that funds cannot be spent on things that ICANN wouldn't / couldn't do itself? Probably a good starting point. Mission is now articulated not aspirational, following updates made as a result of the CCWG-Accountability recommendations. · Core values would need to be factored in, but not necessarily all met at the same time. · Private Benefit Concerns - as an 501(c)(3) organization, ICANN cannot provide its funds towards the private benefit of individuals. Wide range of considerations to be made to make sure an organization meets these criteria. Typically other 501(c)(3) organizations are not for private benefit, but what about entities outside of the US? 501(c)(3) status only does not have to be determinative. Eligibility can be established through other means. Private benefit concerns would cover any entity, organization or sub-organization. · Due diligence continues also after grant / funds are being dispersed. Requires a type of audit process. · Grants/payments of funds directly to individuals raise private benefit concerns. · Must not be used for Political Activity. Action item #1: Sam to continue presentation at next CCWG meeting (Wednesday March 15 from 15.15 – 16.30 CET) Action item #2: Staff to circulate slides and transcript/recording / CCWG to review materials ahead of next meeting Action item #3: Staff to pull questions from chat transcript into separate document. 4. Update on charter questions survey · As discussed during last meeting, initial assessment of charter questions through means of a survey · Survey has prepared following the last meeting - grouped into two baskets (legal & scope), with each three standard questions (gating question or not, external expertise needed or not, any sub-questions). · Survey will launch shortly after this meeting. All encouraged to respond to the survey prior to the next meeting. Action item #4: CCWG to respond to survey on charter question initial assessment Action item #5: CCWG to further consider how to summarize DOI statements to make it easier to identify who will be planning to apply for funds. Leadership to work with staff on a proposed way forward. For example, staff could review DOI and add asterisk for those that have responded to 'yes' planning to apply. 5. Confirm time / date of next meeting · Wednesday March 15 from 15.15 – 16.30 CET (see http://sched.co/9npe[sched.co] for further details) Marika Konings Vice President, Policy Development Support – GNSO, Internet Corporation for Assigned Names and Numbers (ICANN) Email: marika.konings(a)icann.org<mailto:marika.konings@icann.org> Follow the GNSO via Twitter @ICANN_GNSO Find out more about the GNSO by taking our interactive courses<http://learn.icann.org/courses/gnso> and visiting the GNSO Newcomer pages<http://gnso.icann.org/sites/gnso.icann.org/files/gnso/presentations/policy-…>.

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