Thanks Mark. I agree with you. It looks as though I failed to forward my response, in my personal capacity, to Giovanni's explanation. Here is the text of that response: "Thanks Giovanni, First let me clarify that I have no personal interest in serving as an advisor to the ICANN Grant Program. The point I wish to make, however, is that members of the CCWG were never told, and it was not part of the policy recommendations from the CCWG, that CCWG members could not act as advisors, either paid or unpaid, to applicants for the program. My personal view is that this prohibition contained in the ICANN Grant Program Guidebook goes significantly beyond the recommendations made by the CCWG and in fact, does not serve the public interest. It is surprising that ICANN Org included this prohibition without consulting the Community. Please note I am not speaking on behalf of the CSG but I will review this comment with the CSG as the former CSG Voting Representative to the CCWG Auction Proceeds. I urge ICANN Org to reconsider this provision prohibiting former CCWG members from serving as advisors to applicants to the ICANN Grant Program, whether paid or unpaid. Anne Anne Aikman-Scalese GNSO Councilor NomCom Non-Voting 2022-2024 anneicanngnso@gmail.com" Anne Aikman-Scalese GNSO Councilor NomCom Non-Voting 2022-2024 anneicanngnso@gmail.com On Mon, Jan 22, 2024 at 11:16 AM Mark Datysgeld <mark@governanceprimer.com> wrote:
Thank you for following up on the clarifications, Anne.
Giovanni's answer seems clear enough and I believe it satisfies the inquiry.
I do pose the question as to why the most expert group on the matter of Auction Proceeds cannot advise applicants, however. According to Giovanni, that is due to the potential of a perceived benefit that might be provided to them externally, but does that really make sense?
In practical terms, what this will amount to is that the experts of the ICANN community will be able to reach out to them via back channels, while the broader Internet community will not be able to make use of former members as a resource.
This hardly seems fair to external applicants.
Regards, On 22 Jan 2024 13:05, Anne ICANN via council wrote:
Dear Council Members, Please see below correspondence from Giovanni Seppia re the ICANN Grant Program. Also see my reply in my personal capacity regarding the prohibition on former CCWG Auction Proceeds acting as advisors to Grant Program applicants. (No personal interest in this, just a point of view based on CCWG policy recommendations.)
The ICANN Grant Program Guidebook contains a prohibition on former CCWG members acting as advisors to grant program applicants. ICANN Org explains this prohibition based on the policy recommendation that CCWG members cannot apply for grants as per the policy recommendations made by the CCWG. Here is the paragraph from Giovanni Seppia:
*"In developing the ICANN Grant Program, the Applicant Guide extends this recommended eligibility exclusion to include a restriction for CCWG-AP members to be eligible for funding for “proposal activities as principals, advisors, or in other roles.” While this removes CCWG-AP members to serve as advisors (paid or unpaid) to applicants within the ICANN Grant Program, this is a necessary and logical extension of the CCWG-AP guidance in furtherance of ICANN’s need to protect against self-dealing." *
Below you will see my response to the email from Giovanni. I have no interest in being an advisor to persons seeking iCANN Grants. However, I don't think prohibiting former CCWG Auction Proceeds memberfrom acting in that capacity falls within the CCWG policy recommendations. You will also see the chain of emails from former CCWG members objecting to this prohibition.
Thank you, Anne
Anne Aikman-Scalese GNSO Councilor NomCom Non-Voting 2022-2024 anneicanngnso@gmail.com
---------- Forwarded message --------- From: Giovanni Seppia <giovanni.seppia@icann.org> Date: Fri, Jan 19, 2024 at 12:13 PM Subject: Re: [FormerMembersCCWG-AP] [Ext] ICANN Grant Program Applicant Guide To: Maureen Hilyard <maureen.hilyard@gmail.com>, Alan Greenberg < alan.greenberg@mcgill.ca>, FormerMembersCCWG-AP@icann.org < FormerMembersCCWG-AP@icann.org>
Dear Maureen, Alan, Vanda, former members of the CCWG-AP,
Thanks again for the considerations you shared last week on the former CCWG-AP members list.
While we recognize that some ICANN community members that previously served on the Cross-Community Working Group on Auction Proceeds (CCWG-AP) may wish to be more involved in ICANN Grant Program applications than is allowed under the Applicant Guide, ICANN org is not in a position to update eligibility requirements at this time. Throughout the community’s work to deliver recommendations to the Board on Auction Proceeds, ICANN continually reinforced the need to have clear, strong, and appropriate limitations on whether and how those developing the recommendations could benefit from the resulting program.
As clearly documented within the CCWG-AP’s Final Report, and as reinforced throughout the CCWG-AP process, CCWG-AP members were aware of the intention that they or their family members would be ineligible to receive grants through their affiliated businesses. The CCWG-AP’s guidance included, in response to Charter Question 2:
There must be protections against self-dealing and measures to ensure that decisions are taken without conflict of interest. The following measures are recommended to be considered as part of the implementation process:
- Prohibition on auction proceeds being awarded to businesses that are owned in whole or in part by ICANN Board members, executives or staff or their family members and awards that may be used to pay compensation to ICANN Board members, executives or staff or their family members. - Segregation of duties amongst those who develop the requirements and those who assist in the identification of potential recipients. - Prohibition on awards of assistance to businesses owned in whole or in part by the CCWG members (participating in any phase of the CCWG process), their family members, and awards that would be used to pay compensation to CCWG members or their family members.
In developing the ICANN Grant Program, the Applicant Guide extends this recommended eligibility exclusion to include a restriction for CCWG-AP members to be eligible for funding for “proposal activities as principals, advisors, or in other roles.” While this removes CCWG-AP members to serve as advisors (paid or unpaid) to applicants within the ICANN Grant Program, this is a necessary and logical extension of the CCWG-AP guidance in furtherance of ICANN’s need to protect against self-dealing. First, ICANN has no meaningful way to confirm or enforce if a CCWG-AP member is serving in a paid or unpaid role with an applicant, and there could be other ways that the member could receive benefit from a successful application than compensation. ICANN has a core obligation to avoid even the potential appearance of self-dealing. Second, the CCWG-AP was not designed to create a pool of ICANN community members who could hold themselves out as providing special knowledge or support to applicants; the CCWG-AP specifically acknowledged a need for segregation between recommendation development and identification of potential applicants. ICANN cannot now change our position to encourage that type of work.
While we understand that this limitation has practical impacts on the former members of the CCWG-AP or entities that might be relying on those people for support in the application process, this is an important limitation that preserves the integrity of the ICANN Grant Program and ICANN’s obligations to implement a program free from even the suggestion of self-dealing or conflicts of interest.
We remain available to provide you with any further information and/or clarification you may need.
Best regards,
Giovanni
*From: *FormerMembersCCWG-AP <formermembersccwg-ap-bounces@icann.org> on behalf of Giovanni Seppia <giovanni.seppia@icann.org> *Date: *Friday, 12 January 2024 at 06:34 *To: *Maureen Hilyard <maureen.hilyard@gmail.com>, Alan Greenberg < alan.greenberg@mcgill.ca> *Cc: *"FormerMembersCCWG-AP@icann.org" <FormerMembersCCWG-AP@icann.org> *Subject: *Re: [FormerMembersCCWG-AP] [Ext] ICANN Grant Program Applicant Guide
Dear Maureen, Alan,
Thanks for sharing your further considerations on this eligibility element.
Allow me to discuss it internally and come back to you in a timely manner.
Best regards,
Giovanni
*From: *Maureen Hilyard <maureen.hilyard@gmail.com> *Date: *Friday, 12 January 2024 at 05:28 *To: *Alan Greenberg <alan.greenberg@mcgill.ca> *Cc: *Giovanni Seppia <giovanni.seppia@icann.org>, Vanda Scartezini < vanda@scartezini.org>, "FormerMembersCCWG-AP@icann.org" < FormerMembersCCWG-AP@icann.org> *Subject: *Re: [FormerMembersCCWG-AP] [Ext] ICANN Grant Program Applicant Guide
Thank you Giovanni for your input into this discussion.
I would note that the prohibition appears to apply when a CCWG member owns or partly owns the company that might be making the application for funds.
If the CCWG member is also a voluntary member of a not-for-profit organisation that wants to make an application, surely the Applicant Guide does not prevent their being an advisor in a capacity that does not require any payment or reimbursement?
All of the participants of the CCWG were acting in a volunteer capacity - many from under-developed regions where advisors for this type of activity are few and far between. Therefore they would be valued members of many organisations and may be asked to participate in this type of advisory role. How does one ensure that they are getting the correct information if they are from organisations that are aware of the nuances of different ICANN application systems?
Maureen
On Thu, Jan 11, 2024 at 6:01 PM Alan Greenberg <alan.greenberg@mcgill.ca> wrote:
Thanks Giovanni,
Although I honestly cannot recall the prohibition in the CCWG recommendations, it is clearly there.
However, I note that the Applicant Guide goes quite far beyond the recommendation by forbidding CCWG participants to act as (unpaid) advisors or in other roles.
Alan
*From:* FormerMembersCCWG-AP <formermembersccwg-ap-bounces@icann.org> *On Behalf Of *Giovanni Seppia *Sent:* Wednesday, January 10, 2024 4:33 PM *To:* Vanda Scartezini <vanda@scartezini.org> *Cc:* FormerMembersCCWG-AP@icann.org *Subject:* Re: [FormerMembersCCWG-AP] [Ext] ICANN Grant Program Applicant Guide
Dear Vanda,
Thanks for the nice message on the work that the Grant Program team, with the great support and cooperation of many colleagues, has done to date.
With reference to your consideration about members of the CCWG-AP, I have paste below a text that is included in the CCWG-AP Final Report (page 24):
“There must be protections against self-dealing and measures to ensure that decisions are taken without conflict of interest. The following measures are recommended to be considered as part of the implementation process:
○ Prohibition on auction proceeds being awarded to businesses that are owned in whole or in part by ICANN Board members, executives or staff or their family members and awards that may be used to pay compensation to ICANN Board members, executives or staff or their family members.
○ Segregation of duties amongst those who develop the requirements and those who assist in the identification of potential recipients.
○ Prohibition on awards of assistance to businesses owned in whole or in part by the CCWG members (participating in any phase of the CCWG process), their family members, and awards that would be used to pay compensation to CCWG members or their family members.”
Let me know if this is helpful.
Best regards,
Giovanni
*From: *Vanda Scartezini <vanda@scartezini.org> *Date: *Wednesday, 10 January 2024 at 20:29 *To: *Giovanni Seppia <giovanni.seppia@icann.org> *Cc: *Xavier Calvez <xavier.calvez@icann.org>, " FormerMembersCCWG-AP@icann.org" <FormerMembersCCWG-AP@icann.org> *Subject: *[Ext] ICANN Grant Program Applicant Guide
Dear Giovanni, Xavier, former members
First of all, again Happy New year, with huge success to you all.
Thank you Giovanni and Xavier for your work on delivering the Grant Program guide book! Appreciate.
I would like to raise the following question:
Why members of Auction Proceed, who that never been involved with the details of the application guide book are not able to participate?
We have worked as volunteers and our work have finished defining the model ICANN could have to manage such Grant program. We didn’t go further in defining any other requirements for the applicants. I am sure I didn’t.
The DNS Women group where I am CEO would like to participate due to the kind of activities we perform among women in several countries related to the DNS.
Auction Proceed members have dedicated their time to the Auction Proceed Working Group for years and we never have in mind this would be a reason for being excluded from this Program.
Will it be the same restriction, for instance for everyone that has been participating in the new gTLD round ?? it was not the case in 2012!
I really cannot see any conflict of interest based on the ICANN bylaws that prevent the volunteer members to participate in this new Grant pilot.
Of course, if any former member had participated on the definition of this guidebook, then there would be conflict, otherwise, I certainly do not see any conflict and would like to know the reasons this impediment was stated.
I appreciate your feedback!
Thanks again for this new program !!
*Vanda Scartezini *
*Polo Consultores Associados *
*São Paulo, Brazil*
*vanda@scartezini.org <vanda@scartezini.org>*
*Mobile: + 55 11 98181-1464*
*From: *FormerMembersCCWG-AP <formermembersccwg-ap-bounces@icann.org> on behalf of Giovanni Seppia <giovanni.seppia@icann.org> *Date: *Monday, 8 January 2024 at 17:41 *To: *FormerMembersCCWG-AP@icann.org <FormerMembersCCWG-AP@icann.org> *Subject: *[FormerMembersCCWG-AP] ICANN Grant Program Applicant Guide
Dear former members of the CCWG-AP,
I would like to inform you that the ICANN Grant Program Applicant Guide has been published at: https://www.icann.org/en/system/files/files/icann-grant-program-applicant-gu...
The Grant Program webpage has been updated with the Applicant Guide as well as the FAQs and timeline: https://www.icann.org/grant-program-en
Kind regards,
Giovanni
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-- Mark W. Datysgeld [markwd.website] Director at Governance Primer [governanceprimer.com] ICANN GNSO Councilor