Dear all,

Please find my comments to the report attached.

On the more substantive matters:

1. My preference would be that the CCWG recommend one single mechanism, so that work can start as soon as possible. I would be Ok with recommending two if we continue to be unable to arrive to an agreement. 

2.  As stated by Eliot and Sylvia, we should ensure we bring community input into the process. This in my view would enrich any mechanism, A, B or C. I support Sylvia's proposal that we outline what that community engagement would look like to best inform the work of the implementing team (just to be clear, I am talking about the community advisory board and an independent evaluation panel). I won't have the chance to review the text circulated by Emily today, but will try to do so prior to the next meeting on Wednesday.

4. In terms of preferred mechanisms, I incline for Mechanism A. I think there is more agreement than we think on the safeguards that we want to provide among both supporters of mechanisms A and C: independence, cost-efficiency of the mechanism, community engagement. My sense is that we should prioritize what allows us to more swiftly get to work, and that for whichever mechanism we pick, we ensure those safeguards are in place.

Lastly, Emily, the report references the CCWG Agreements by number. Could you please circulate the document where all those agreements are compiled?

Happy weekend to you all,

Carolina

How autonomous an affiliate organization is (that 
is the correct term in lieu of "subsidiary") is 
wholly dependant on its Bylaws and Board composition.

In the case of PTI/IANA, the Board has five 
member, three of who are appointed by ICANN. That 
gives ICANN full control unless a vote needs a supermajority (rare if ever).

Alan



At 25/07/2019 12:26 PM, Maureen Hilyard wrote:

John

The point is that ICANN can create a structure/department that can act
autonomously

On Thu, Jul 25, 2019 at 5:58 AM John Levine <johnl@taugh.com> wrote:

PTI's structure and functions have no 

relationship to the ccwg's. I do not understand why people keep bringing it up.

PTI does administrative activities under 

contract to icann and others. It does nothing 
even a little bit like giving out grants.

Autocorrectly,
John


-------- Original message --------
From: Maureen Hilyard <maureen.hilyard@gmail.com>
Date: 7/25/19 08:46 (GMT-08:00)
To: marienoemie.marques@orange.com
Cc: Alan Greenberg 

<alan.greenberg@mcgill.ca>, John Levine 
<johnl@taugh.com>, CCWG Auction Proceeds <ccwg-auctionproceeds@icann.org>

Subject: Re: [Ccwg-auctionproceeds] New 

Deadline - 26 July 2019 - input on updated 
draft Final Report and outstanding questions

Thank you for reminding us of this 

connection  which we raised as an option to 
consider very early in our discussions but was ignored.

On Thu, 25 Jul 2019, 5:40 AM , <marienoemie.marques@orange.com> wrote:

Would it be helpful, just for information, to note that :
"Public Technical Identifiers (PTI) was 

incorporated in August 2016 as an affiliate of 
ICANN, and, through contracts and subcontracts 
with ICANN, began performing the IANA functions 
on behalf of ICANN in October 2016."

-----Message d'origine-----
De : Ccwg-auctionproceeds 

[mailto:ccwg-auctionproceeds-bounces@icann.org] De la part de Alan Greenberg

Envoyé : jeudi 25 juillet 2019 17:36
À : John Levine
Cc : CCWG Auction Proceeds
Objet : Re: [Ccwg-auctionproceeds] New 

Deadline - 26 July 2019 - input on updated 
draft Final Report and outstanding questions

B was not an ICANN Subsidiary but some other existing entity that we
could team up with so that we did not have to re-invent services that
we could outsource. That being said, I am happy to eliminate it!
Mechanism A always has the option of outsourcing some of the functions.

BTW, under the California law that we operate under, a Public
Interest Corp cannot have a "subsidiary", but that is just a
nomenclature issue.

Alan

At 25/07/2019 01:35 AM, John Levine wrote:

Mechanism B: I presume the phrase "established at a public charity"
should be "established as a public
charity". I do not understand why the issue of tax benefits is
being raised as in our case all of the
money is coming form ICANN which does not pay any taxes. So it
SOUNDS like a benefit but is in fact
meaningless in our case.
It should be made clear that at this point, it is not clear what
parts would be outsourced and what
will be kept within ICANN (except the application evaluation which
must be outsourced).

I believe that this is supposed to say that ICANN establishes a
captive foundation as a subsidiary.

Having done exactly that at ISOC, I can say that for the CCWG's
purposes, giving away a one-time pile of money, this mechanism is
inferior in every way to mechanism A.  It costs more, takes longer,
has a lot more bureaucratic overhead, and can do no more or no less
than mechanism A. As Alan notes, it has no tax benefits.  It is a
waste of everyone's time to pursue it further.

If anyone has a concrete reason why they believe this would be a
good idea, and is reasonably familiar with US non-profit tax law so
they understand what's involved, I would like to hear about it.

R's,
John

PS: ISOC's situation is quite different and it makes sense for us.
If anyone wants details write me privately.

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