On the topics of "Accountability" and "Best Practices", has anyone looked at whether the grant-making function placed inside an internal department of ICANN would be subject to review under the Empowered Community Accountablity rules? On page 10 of the current draft, there is a bullet point called "On-going costs only in Mechanism A - Management and support of ICANN's accountability mechanisms triggered by the grant distribution activity (if any.)" In terms of risk assessment, I really can't see the grant-making process being subject to the Empowered Community accountability procedures. On the other hand, I don't know that the EC will readily accept amending the ByLaws for purposes of getting the grant-making outside the EC process. This is especially true in that all the Accountability work was done in CCWGs in two lengthy work-streams. I apologize if this was previously discussed by the CCWG - doing my best to catch up. If we think that the ByLaws would need to be amended not only to remove the availability of the Request for Reconsideration (RFR) and the Independent Review Panel (IRP), but also to be amended to state that the power given to the Empowered Community does not apply to such grant-making, then we should say so in the Proposed Final Report. Has legal advice been provided as to whether the formation of an independent foundation might avoid the need to amend the ICANN ByLaws with respect to IRP, RFR, and Empowered Community provisions? Thank you, Anne [cid:image002.png@01D59BDA.42F5F9D0] Anne E. Aikman-Scalese Of Counsel 520.629.4428 office 520.879.4725 fax AAikman@lrrc.com<mailto:AAikman@lrrc.com> _____________________________ [cid:image004.png@01D59BDB.ED85F520] Lewis Roca Rothgerber Christie LLP One South Church Avenue, Suite 2000 Tucson, Arizona 85701-1611 lrrc.com<http://lrrc.com/> [cid:image006.jpg@01D59BDB.ED85F520] Because what matters to you, matters to us.(tm) ________________________________ This message and any attachments are intended only for the use of the individual or entity to which they are addressed. If the reader of this message or an attachment is not the intended recipient or the employee or agent responsible for delivering the message or attachment to the intended recipient you are hereby notified that any dissemination, distribution or copying of this message or any attachment is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to the sender. The information transmitted in this message and any attachments may be privileged, is intended only for the personal and confidential use of the intended recipients, and is covered by the Electronic Communications Privacy Act, 18 U.S.C. ?2510-2521.
