Dear Councilors, As you will recall from my agenda item at September's Council Meeting, on 17 July 2023, Xavier Calvez sent a written update<https://mm.icann.org/pipermail/council/2023-August/027220.html> on the progress of ICANN org's implementation of the Cross Community Working Group's - Auction Proceeds (CCWG-AP) Final Report. Specifically, the letter let us know 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. The CCWG-AP recommended that this limitation should be achieved through changing the ICANN Bylaws on the Reconsideration Request and Independent Review Processes to specify a 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. 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 CCWG representatives who formed Recommendation 7 and at the same time wanted to provide transparency to the chartering organizations approved the CCWG-AP Final Report and its recommendations. The specific ask was to let ICANN Org know if the GNSO Council was comfortable in having ICANN Org engage with the former CCWG-AP members in this conversation or whether it should be held differently. There was a good discussion on this topic and on the Board's decision to change implementation of Recommendation 7, which we have summarized in the attached letter. If you have any comments or revisions, please provide them in a reply to this email. Kind regards, John [http://www.nelsonmullins.com/img/ecard-logo.png] JOHN C. MCELWAINE PARTNER john.mcelwaine@nelsonmullins.com<mailto:john.mcelwaine@nelsonmullins.com> LIBERTY CENTER | SUITE 600 151 MEETING STREET | CHARLESTON, SC 29401 T 843.534.4302 F 843.722.8700 101 CONSTITUTION AVENUE, NW | SUITE 900 WASHINGTON, D.C., 20001 T 202.689.2939 F 202.689.2860 NELSONMULLINS.COM<http://www.nelsonmullins.com> VCARD<http://www.nelsonmullins.com/people/john-mcelwaine/vcard> VIEW BIO<http://www.nelsonmullins.com/people/john-mcelwaine> Confidentiality Notice This message is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged, confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately either by phone (800-237-2000) or reply to this e-mail and delete all copies of this message.