May 2016 - Dt-cwg-auctionproceeds

For your review - updated charter
by Marika Konings June 1, 2016

June 1, 2016

Dear All, Please find attached for your review an updated version of the draft charter taking into accounts the comments and edits discussed during Tuesday¹s meeting (see below). Note that I have removed the comments from Alan that (hopefully) have been addressed by the edits made. You are encouraged to add any further comments and/or edits you may have to this version. The next meeting has been scheduled for Thursday 2 June at 13.00 UTC. Best regards, Marika Marika Konings Senior Policy Director & Team Leader for the 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- efforts.htm#newcomers> . From: <dt-cwg-auctionproceeds-bounces(a)icann.org> on behalf of Marika Konings <marika.konings(a)icann.org> Date: Thursday 26 May 2016 at 08:22 To: "dt-cwg-auctionproceeds(a)icann.org" <dt-cwg-auctionproceeds(a)icann.org> Subject: [Dt-cwg-auctionproceeds] Notes & Action items new gTLD Auction Proceeds DT meeting Dear All, Please find below the notes & action items for today¹s meeting. Best regards, Marika Notes 05/26 Meeting These high-level notes are designed to help DT 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/1SmAAw. * Target is to have draft charter ready for discussion in Helsinki * Check on publication date for Helsinki 2. Principles derived from review of public comments o Finalise principles and discuss how these are to be incorporated in the draft charter * DT to determine whether there are any other principles that need to be added and discuss how these need to be translated into the charter or whether these should be annexed. * Transparency, openness and accountability are already implied by some of the requirements in the charter * Conflict of interest needs to be addressed in the charter * Lean & effective - need to see how that is addressed in the charter. This relates to the process for disbursement, not necessarily the CCWG process. * Asha and Sylvia working on possible diversity clause - hope to provide that in time for the next working. Diversity relates both to members/observers of the CCWG as well as diversity of applicants for funding. * If all these princples relate to the end product of the CCWG, then these should be incorporated specifically. DT agrees that these are principles that need to apply to the final disbursement process and as such need to be specifically called out. * Erika will talk to Xavier about financial and audit procedures that may apply to the possible disbursement process * ICANN53 Principles: Broad, open and inclusive dialogue any discussions need to be open and transparent, and allow for broad participation, listening to the views of all; Conflicts of Interest there is a need to consider conflicts of interest before work can begin; Lean process any process must be lean and cost-effective so as not to diminish funds; Separation of idea suggestion and idea selection it is important to start by sharing and brainstorming ideas prior to any structured work; Measured pace principles and strategy should be examined first before further considerations. Process should not be rushed; ICANN¹s Mission and Mandate must keep in mind that proceeds are to be used in support of ICANN¹s mission and mandate. * Not clear yet whether ICANN would disbursements on whether another entity would be assigned to do so - as such, may not be necessary to worry to much about disbursement at this stage as it may depend on the mechanism that is agreed to by the CCWG Action item #1: Review notes from ICANN53 to determine whether there were any other principles that should be added. Action item #2: Asha and Sylvia to provide proposed language on diversity in time for the next DT meeting Action item #3: Circulate updated legal & fiduciary memo and review how this is to be incorporated into the charter o Review draft text on diversity¹ for inclusion in the charter (utilising references to existing ICANN documents and bylaws) Deferred to the next meeting 3. Briefing note on fiduciary and legal constraint: o Update from Sam on modifications to briefing note based on DT input * Work on the update has been slightly delayed due to the work on the revised ICANN Bylaws. Should be available ahead of the next meeting. Action item #4: Sam to circulate updated note on legal and fiduciary constraints ahead of the next meeting. o EM to revert on (a) advice from board colleagues or external advisors on what constraints (audit or tax) on the use of proceeds might be or (b) to what extent does ICANN's mission constrain the use of funds * Board was not able to discuss this in Amsterdam due to time contraints * Board will take this up again in Helsinki. Might be problematic as it is a key section of the charter. Any heads up ahead of the meeting in Helsinki would be helpful as this may be an item on which specific input is requested from the community. Legal advice is also key in this regard. * Draft charter should facilitate flagging of items that may need further discussion and/or input, either by the DT or as part of the community discussions in Helsinki. Action item #5: Erika to work with the Board to get input ahead of the ICANN meeting in Helsinki to at least get a sense of direction. 4. Review draft charter which has been developed based on deliberations an input received to date * Problem statement: no comments * Goals & objectives: no comments * Scope: first bullet is very prescriptive, if responsibility delegated wouldn't contract spell out the requirements for compliance and audit? Consider making separate half a separate bullet. May depend on the structure, so principle should be here to guide the process regardless of which structure is chosen in the end. Disbursement by ICANN, whether it is to entity like fund or foundation, or individuals disbursement, ICANN will have certain responsibilities in relation to this disbursement. If it is through a fund or foundation, further consideration would need to be given to how certain requirements are passed through. Need to think of correct wording in the charter as the current wording may imply something that wasn't specifically intended. * Bullet #2 - change to must continue to observe the limitations to preserve tax status, seek input when necessary * Bullet #3 - consider changing should to must. Also make clear that this is not only limited to the US. * Bullet #5 - do we want to set limits on how much overhead can be added? May be possible to set max 5% limit or follow the lean principle and let it up to the CCWG to determine what that means? In the latter case, consider referring to industry best practices. Putting in absolute number is not responsibility of DT but for CCWG. Consider including a note to balance the amount of fees to maintain the recommendations as part of how they evaluate making those, factoring in industry sectors. Due dillgence needed to assess industry best practices. Overhead will be different depending on the due diligence review, monitoring, audits, etc. Depends as well on how disbursement is done. Needs careful consideration. 5. Helsinki meeting planning Cross-Community Session Tuesday 28 June from 15.15 to 16.45 6. Confirm schedule going forward: 2 June 21.00 UTC (or 3rd June), 9 June no meeting, 16 June 13.00 UTC (90 or 120 minutes), 23 June 21.00 UTC (if required) * Consider meeting on 2 June at 13.00 UTC (confirm with Jonathan that this time works for him to Chair the meeting) * Extend meetings to 90 minutes and consider whether an additional meeting is needed in the week of 9 June.

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mp3 and attendance new gTLD Auction Proceeds Drafting Team 26 May 2016
by Terri Agnew May 26, 2016

May 26, 2016

Dear All, Please find the MP3 recording for the new gTLD Auction Proceeds Drafting Team held on 26 May 2016 at 13:00 UTC: http://audio.icann.org/gnso/gnso-new-gtld-auction-proceeds-26may16-en.mp3 On page: http://gnso.icann.org/en/group-activities/calendar#may The recordings and transcriptions of the calls are posted on the GNSO Master Calendar page: http://gnso.icann.org/en/group-activities/calendar Mailing list archives: http://mm.icann.org/pipermail/dt-cwg-auctionproceeds/ Wiki page: https://community.icann.org/x/px6AAw Attendees: ALAC Alan Greenberg ASO Sylvia Cadena ccNSO Will not be participating in the drafting team GAC none GNSO none RSSAC Brad Verd SSAC Russ Mundy Lyman Chapin Board Board Liaisons Erika Mann Asha Hemrajani Board appointed staff advisors Samantha Eisner Apologies: Jonathan Robinson David Tait Tony Harris Olga Cavalli ICANN staff: Marika Konings Lauren Allison Vinciane Koenigsfeld Julie Hedlund Terri Agnew ** Please let me know if your name has been left off the list ** Thank you. Kind regards, Terri Agnew ------------------------------- Adobe Connect chat transcript for Thursday, 26 May 2016 Terri Agnew:Welcome to the New gTLD Auction Proceeds CCWG Charter Drafting Team held on Thursday, 26 May 2016 Alan Greenberg:http://mailer.samanage.com/wf/click?upn=zZ8xDDIU4PY795Cika7Nm4obL… Alan Greenberg:For people just getting on, the URL aboive in in the e-mail for adobeconnect. Mailer thinks it is a phishing attack. Erika Mann:I'm on the computer and turned off the phone now Erika Mann:Everybody gone? Lyman Chapin:I'm still here! Erika Mann:Terri - correct, it should be activated but I will check again Terri Agnew:@Erika, I see adobe mic is now active Marika Konings:It actually may be working days - I need to double check Terri Agnew:Welcome Brad Verd Lauren Allison:Sam cannot hear anything- can I arrange a dial out with someone? Sylvia Cadena:I have already shared comments about this. Asha Hemrajani:yes Russ was fading earlier Sylvia Cadena:I have shared the comments on the mailing list Sylvia Cadena:Agree with Russ. That was what lean and effective refer to Erika Mann:Russ is correct Terri Agnew:finding the line Sylvia Cadena:Yes, that was my understanding too. Asha Hemrajani:Yes agree with Russ but could not hear the last bit of what he said due to the bad echo Lauren Allison:Alan- I have the principles from the ICANN53 (should be 53 not 52 session) if you would like me to type them here Asha Hemrajani:bad echo again Sylvia Cadena:lots of echo Asha Hemrajani:4 "clusters" of principles Lyman Chapin:@Alan +1 Sylvia Cadena:I think it was clusters of comments, that lead to 4 principlea Sylvia Cadena:Thanks Lauren. That will be useful. Lauren Allison:Broad, open and inclusive dialogue - any discussions need to be open and transparent, and allow for broad participation, listening to the views of all Lauren Allison:Conflicts of Interest - there is a need to consider conflicts of interest before work can begin Lauren Allison:Lean process - any process must be lean and cost-effective so as not to diminish funds Lauren Allison:Separation of idea suggestion and idea selection - it is important to start by sharing and brainstorming ideas prior to any structured work Lauren Allison:Measured pace - principles and strategy should be examined first before further considerations. Process should not be rushed Lauren Allison:ICANN's Mission and Mandate - must keep in mind that proceeds are to be used in support of ICANN's mission and mandate Lauren Allison:These are the six principles referenced in the public comments from the ICANN53 session Marika Konings:Asha, note that there are already some references to diversity in the draft charter (relating to diversity of CCWG members and participants) so you may want to review that language to see if that meets what you have in mind and/or suggest edits / additions? Asha Hemrajani:@marika yes aware of that - but I feel the text already in there needs to be strengthened and more specific Sylvia Cadena:Agree with Asha. Erika Mann:Agree with you Alan ... we just need to check! Asha Hemrajani:@sylvia, I have already commented on your input that you sent to the mailing list (re diversity) and have sent you mine for your review Erika Mann:Sylvia - I was tasked to check this with Xavier and I agree, it would be good if we would agree that he should join the call if topics related to his responsibilties comes up Sylvia Cadena:Yes, Alan, I agree. RussMundy-SSAC:I also agree with the last point Marika Konings:@Asha - I didn't see an email from you in response to Sylvia's on the mailing list? Asha Hemrajani:@marika I sent it only to Sylvia as I had already mentioned in my remarks earlier. Sylvia and I will work on it Marika Konings:@Asha - ok, just wanted to make sure it didn't get lost in email space :-) Sylvia Cadena:Marika, Asha and my self were exchanging emails among our selves to have a contribution together Sylvia Cadena:I have sent my contribution directly to the mailing list Sylvia Cadena:but Asha and I have not yet agreed on a final contribution Sylvia Cadena:Old hand, sorry Erika Mann:Marika is gone Marika Konings:sorry, my line dropped :-( Sylvia Cadena:Sorry, I got the email earlier this morning. No time to get to work on this. Sorry, all day in meetings and trains here in HK Erika Mann:Alan - can you read your comments? Erika Mann:No, nothing Erika Mann:Alan - agree with you Sylvia Cadena:must. Erika Mann:Alan - must Erika Mann:Agree Erika Mann:Agree with Sylvie Marika Konings:I'm good Marika Konings:and will rely on members of the DT to add/edit as needed if I don't get it right :-) RussMundy-SSAC:I do have to leave the call shortly Sylvia Cadena:Overhead will be different depending on the due diligence review, monitoring, audits, etc Erika Mann:Syvia ... Sylvia Cadena:That is 7:00 am for me. That works for me. Asha Hemrajani:Sylvia will 1300 UTC work for you? Sylvia Cadena:It will be fine with me, as it will be the last meeting before the draft Asha Hemrajani:Thanks Sylvia Erika Mann:I agree with Alan ... let's schedule another call Sylvia Cadena:it will be 11:00 pm for me RussMundy-SSAC:sorry, I need to leave now Sylvia Cadena:Can we agree to work a bit more on the mailing list or a google doc? Sylvia Cadena:so that we can make progress in between calls? Erika Mann:Can we work on Google doc? Erika Mann:ahead of the next call? Erika Mann:Agree with Sylvia! Sylvia Cadena:Yes, please 1h is a bit short. Agree with Alan Sylvia Cadena:Bye Samantha Eisner:Bye

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Notes & Action items new gTLD Auction Proceeds DT meeting
by Marika Konings May 26, 2016

May 26, 2016

Dear All, Please find below the notes & action items for today¹s meeting. Best regards, Marika Notes 05/26 Meeting These high-level notes are designed to help DT 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/1SmAAw. * Target is to have draft charter ready for discussion in Helsinki * Check on publication date for Helsinki 2. Principles derived from review of public comments o Finalise principles and discuss how these are to be incorporated in the draft charter * DT to determine whether there are any other principles that need to be added and discuss how these need to be translated into the charter or whether these should be annexed. * Transparency, openness and accountability are already implied by some of the requirements in the charter * Conflict of interest needs to be addressed in the charter * Lean & effective - need to see how that is addressed in the charter. This relates to the process for disbursement, not necessarily the CCWG process. * Asha and Sylvia working on possible diversity clause - hope to provide that in time for the next working. Diversity relates both to members/observers of the CCWG as well as diversity of applicants for funding. * If all these princples relate to the end product of the CCWG, then these should be incorporated specifically. DT agrees that these are principles that need to apply to the final disbursement process and as such need to be specifically called out. * Erika will talk to Xavier about financial and audit procedures that may apply to the possible disbursement process * ICANN53 Principles: Broad, open and inclusive dialogue any discussions need to be open and transparent, and allow for broad participation, listening to the views of all; Conflicts of Interest there is a need to consider conflicts of interest before work can begin; Lean process any process must be lean and cost-effective so as not to diminish funds; Separation of idea suggestion and idea selection it is important to start by sharing and brainstorming ideas prior to any structured work; Measured pace principles and strategy should be examined first before further considerations. Process should not be rushed; ICANN¹s Mission and Mandate must keep in mind that proceeds are to be used in support of ICANN¹s mission and mandate. * Not clear yet whether ICANN would disbursements on whether another entity would be assigned to do so - as such, may not be necessary to worry to much about disbursement at this stage as it may depend on the mechanism that is agreed to by the CCWG Action item #1: Review notes from ICANN53 to determine whether there were any other principles that should be added. Action item #2: Asha and Sylvia to provide proposed language on diversity in time for the next DT meeting Action item #3: Circulate updated legal & fiduciary memo and review how this is to be incorporated into the charter o Review draft text on diversity¹ for inclusion in the charter (utilising references to existing ICANN documents and bylaws) Deferred to the next meeting 3. Briefing note on fiduciary and legal constraint: o Update from Sam on modifications to briefing note based on DT input * Work on the update has been slightly delayed due to the work on the revised ICANN Bylaws. Should be available ahead of the next meeting. Action item #4: Sam to circulate updated note on legal and fiduciary constraints ahead of the next meeting. o EM to revert on (a) advice from board colleagues or external advisors on what constraints (audit or tax) on the use of proceeds might be or (b) to what extent does ICANN's mission constrain the use of funds * Board was not able to discuss this in Amsterdam due to time contraints * Board will take this up again in Helsinki. Might be problematic as it is a key section of the charter. Any heads up ahead of the meeting in Helsinki would be helpful as this may be an item on which specific input is requested from the community. Legal advice is also key in this regard. * Draft charter should facilitate flagging of items that may need further discussion and/or input, either by the DT or as part of the community discussions in Helsinki. Action item #5: Erika to work with the Board to get input ahead of the ICANN meeting in Helsinki to at least get a sense of direction. 4. Review draft charter which has been developed based on deliberations an input received to date * Problem statement: no comments * Goals & objectives: no comments * Scope: first bullet is very prescriptive, if responsibility delegated wouldn't contract spell out the requirements for compliance and audit? Consider making separate half a separate bullet. May depend on the structure, so principle should be here to guide the process regardless of which structure is chosen in the end. Disbursement by ICANN, whether it is to entity like fund or foundation, or individuals disbursement, ICANN will have certain responsibilities in relation to this disbursement. If it is through a fund or foundation, further consideration would need to be given to how certain requirements are passed through. Need to think of correct wording in the charter as the current wording may imply something that wasn't specifically intended. * Bullet #2 - change to must continue to observe the limitations to preserve tax status, seek input when necessary * Bullet #3 - consider changing should to must. Also make clear that this is not only limited to the US. * Bullet #5 - do we want to set limits on how much overhead can be added? May be possible to set max 5% limit or follow the lean principle and let it up to the CCWG to determine what that means? In the latter case, consider referring to industry best practices. Putting in absolute number is not responsibility of DT but for CCWG. Consider including a note to balance the amount of fees to maintain the recommendations as part of how they evaluate making those, factoring in industry sectors. Due dillgence needed to assess industry best practices. Overhead will be different depending on the due diligence review, monitoring, audits, etc. Depends as well on how disbursement is done. Needs careful consideration. 5. Helsinki meeting planning Cross-Community Session Tuesday 28 June from 15.15 to 16.45 6. Confirm schedule going forward: 2 June 21.00 UTC (or 3rd June), 9 June no meeting, 16 June 13.00 UTC (90 or 120 minutes), 23 June 21.00 UTC (if required) * Consider meeting on 2 June at 13.00 UTC (confirm with Jonathan that this time works for him to Chair the meeting) * Extend meetings to 90 minutes and consider whether an additional meeting is needed in the week of 9 June.

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Revised: Proposed Agenda - new gTLD Auction Proceeds Drafting Team meeting
by Alan Greenberg May 25, 2016

May 25, 2016

Revised comment. Please use this version. ============== A few comments on the Charter. Alan At 25/05/2016 12:31 PM, Marika Konings wrote: >Dear All, > >Please find below for your review the proposed >agenda for tomorrows new gTLD Auction Proceeds >meeting. Note that you will find attached a >first draft of the charter based on the >deliberations and input received to date. Do >note that some of the elements that are still >under discussion such as the principles based on >the public comments received as well as further >guidance on legal and fiduciary constraints have >not been included yet, but hopefully you will >find this a useful starting point. > >Best regards, > >Marika > >Action items from previous meeting: > > >(1) EM to revert on (a) advice from board >colleagues or external advisors on what >constraints (audit or tax) on the use of >proceeds might be or (b) to what extent does >ICANN's mission constrain the use of funds? > >(2) Legal document with comments from Sylvia and >Jonathan needs to be resent to SE for incorporation in the next draft. > >(3) DT to agree in principle on the recommended >terms for inclusion in the Charter. > >(4) DT to review and modify language contained >within recommended terms document following >which these are to be included in the draft charter. > > > >(1) Sub-team to consider how to map these points >to be considered into the Draft Charter; > >(2) AH and SC to prepare draft text on >'diversity' for inclusion in Draft Charter >(utilising references to existing ICANN documents and bylaws) > >Action items: Draft Charter factoring in input >and deliberations to date to be prepared by >Staff and circulated ahead of the next meeting > >Action items: JR to share list of proposed meeting dates/times > >Proposed Agenda new gTLD Auction Proceeds >Drafting Team meeting Thursday 25 May at 13.00 UTC > * Roll Call / SOI > * Principles derived from review of public comments > * Finalise principles and discuss how > these are to be incorporated in the draft charter > * Review draft text on diversity for > inclusion in the charter (utilising references > to existing ICANN documents and bylaws) > * Briefing note on fiduciary and legal constraint: > * Update from Sam on modifications to briefing note based on DT input > * EM to revert on (a) advice from board > colleagues or external advisors on what > constraints (audit or tax) on the use of > proceeds might be or (b) to what extent does > ICANN's mission constrain the use of funds > * Review draft charter which has been > developed based on deliberations an input received to date (see attached) > * Helsinki meeting planning > Cross-Community Session Tuesday 28 June from 15.15 to 16.45 > * Confirm schedule going forward: 2 June > 21.00 UTC (or 3rd June), 9 June no meeting, 16 > June 13.00 UTC (90 or 120 minutes), 23 June 21.00 UTC (if required) >Content-Type: >application/vnd.openxmlformats-officedocument.wordprocessingml.document; > name="CCWG Auction Proceeds - Draft Charter - 25 May 2016.docx"; > x-mac-creator=4D535744; x-mac-type=5758424E >Content-Disposition: attachment; > filename="CCWG Auction Proceeds - Draft Charter - 25 May 2016.docx" >X-Microsoft-Exchange-Diagnostics: > >1;SN1PR0301MB2030;9:IH7wey+Ogs/niq3xQR79+13iyc8JwfRvOn/e8Q1QkzrvfM5NZuypWhLhYRbtZjZvLU/oHMCOMwKl8v4vnjkLn1okFtS01Gztnnqpo/3cvSeof388suRGmpSThfezz2Ww0uXgw2tEEtOnx8HpJ+H4JzNTXesk3Uegboy0opFAGKfuc3keGizYmDjTw+k0zltX > >Content-Type: application/pkcs7-signature; name="smime.p7s" >Content-Disposition: attachment; filename="smime.p7s" >X-Microsoft-Exchange-Diagnostics: > >1;SN1PR0301MB2030;9:IH7wey+Ogs/niq3xQR79+13iyc8JwfRvOn/e8Q1QkzrvfM5NZuypWhLhYRbtZjZvLU/oHMCOMwKl8v4vnjkLn1okFtS01Gztnnqpo/3cvSeof388suRGmpSThfezz2Ww0uXgw2tEEtOnx8HpJ+H4JzNTXesk3Uegboy0opFAGKfuc3keGizYmDjTw+k0zltX > >Content-Type: text/plain; charset="us-ascii" >Content-Transfer-Encoding: 7bit >Content-Disposition: inline >X-Microsoft-Exchange-Diagnostics: > >1;SN1PR0301MB2030;9:IH7wey+Ogs/niq3xQR79+13iyc8JwfRvOn/e8Q1QkzrvfM5NZuypWhLhYRbtZjZvLU/oHMCOMwKl8v4vnjkLn1okFtS01Gztnnqpo/3cvSeof388suRGmpSThfezz2Ww0uXgw2tEEtOnx8HpJ+H4JzNTXesk3Uegboy0opFAGKfuc3keGizYmDjTw+k0zltX > >_______________________________________________ >Dt-cwg-auctionproceeds mailing list >Dt-cwg-auctionproceeds(a)icann.org >https://mm.icann.org/mailman/listinfo/dt-cwg-auctionproceeds

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Proposed Agenda - new gTLD Auction Proceeds Drafting Team meeting
by Marika Konings May 25, 2016

May 25, 2016

Dear All, Please find below for your review the proposed agenda for tomorrow¹s new gTLD Auction Proceeds meeting. Note that you will find attached a first draft of the charter based on the deliberations and input received to date. Do note that some of the elements that are still under discussion such as the principles based on the public comments received as well as further guidance on legal and fiduciary constraints have not been included yet, but hopefully you will find this a useful starting point. Best regards, Marika Action items from previous meeting: (1) EM to revert on (a) advice from board colleagues or external advisors on what constraints (audit or tax) on the use of proceeds might be or (b) to what extent does ICANN's mission constrain the use of funds? (2) Legal document with comments from Sylvia and Jonathan needs to be resent to SE for incorporation in the next draft. (3) DT to agree in principle on the recommended terms for inclusion in the Charter. (4) DT to review and modify language contained within recommended terms document following which these are to be included in the draft charter. (1) Sub-team to consider how to map these points to be considered into the Draft Charter; (2) AH and SC to prepare draft text on 'diversity' for inclusion in Draft Charter (utilising references to existing ICANN documents and bylaws) Action items: Draft Charter factoring in input and deliberations to date to be prepared by Staff and circulated ahead of the next meeting Action items: JR to share list of proposed meeting dates/times Proposed Agenda new gTLD Auction Proceeds Drafting Team meeting Thursday 25 May at 13.00 UTC 1. Roll Call / SOI 2. Principles derived from review of public comments > * Finalise principles and discuss how these are to be incorporated in the > draft charter > * Review draft text on diversity¹ for inclusion in the charter (utilising > references to existing ICANN documents and bylaws) 3. Briefing note on fiduciary and legal constraint: > * Update from Sam on modifications to briefing note based on DT input > * EM to revert on (a) advice from board colleagues or external advisors on > what constraints (audit or tax) on the use of proceeds might be or (b) to what > extent does ICANN's mission constrain the use of funds 4. Review draft charter which has been developed based on deliberations an input received to date (see attached) 5. Helsinki meeting planning Cross-Community Session Tuesday 28 June from 15.15 to 16.45 6. Confirm schedule going forward: 2 June 21.00 UTC (or 3rd June), 9 June no meeting, 16 June 13.00 UTC (90 or 120 minutes), 23 June 21.00 UTC (if required)

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Auction Proceeds: Sub-team review of general principles
by David Tait May 23, 2016

May 23, 2016

Dear DT members On behalf of Erika Mann and Russ Mundy I am pleased to share a very brief note of the general principles which the sub-team have identified as having arisen from the public comments receive on the New gTLD Auction Proceeds. Additionally, the sub-team has identified some items for further discussion by the full DT and one document for further review. Kind regards, David David A. Tait Policy Specialist (Solicitor qualified in Scotland) Internet Corporation for Assigned Names and Numbers (ICANN) Mobile: + 44-7864-793776 Email: david.tait(a)icann.org www.icann.org

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Re: [Dt-cwg-auctionproceeds] Proposed agenda - new gTLD Auction Proceeds DT meeting
by Lauren Allison May 23, 2016

May 23, 2016

Dear All, On behalf of Sam Eisner, I am sending a copy of the terms recommended for inclusion in the Charter (see attached) distilled by Sam from the more detailed legal and fiduciary memo. This relates to action item (i) below and agenda item 2. Sam is currently in transit with limited connectivity, so may be unable to make the call. Best wishes, Lauren From: <dt-cwg-auctionproceeds-bounces(a)icann.org> on behalf of Marika Konings <marika.konings(a)icann.org> Date: Wednesday, May 11, 2016 at 9:45 AM To: "dt-cwg-auctionproceeds(a)icann.org" <dt-cwg-auctionproceeds(a)icann.org> Subject: [Dt-cwg-auctionproceeds] Proposed agenda - new gTLD Auction Proceeds DT meeting Dear All, Please find below the proposed agenda for the next new gTLD Auction Proceeds Drafting Team meeting which has been scheduled for Thursday 12 May at 21.00 UTC. As a reminder, please take note of the following action items from last week’s meeting: Action Items: (i) SE to map and extract key points from the Legal Note which must go in the Charter; (ii) EM as chair of audit committee to further review points raised in Legal Note and revert on constraints which might exist; (iii) all DT to review latest draft of the charter and provide input; (iv) EM and AH to ask Board to provide input on "support directly" v "consistent with" ICANN's mission as to the possible limitation on use of funds. What discretion is available to the DT?; (v) all DT to complete review of sub-team consideration of public comments; and (vi) EM and RM to distill general principles from public comments Best regards, Marika Proposed Agenda – new gTLD Auction Proceeds Drafting Team meeting – Thursday 12 May at 21.00 UTC Roll Call / SOI Briefing note on fiduciary and legal constraint: Further comments / questions from DT (see latest version attached which includes comments from Jonathan and Sylvia) Update from Sam on which elements need to be reflected in the charter Update from Erika on which further constraints may exist from the perspective of the audit committee Finalize review of public comments and identification of which items should be considered in relation to the development of the charter Discuss comments from DT (if any are received) Erika and Russ to provide update on distillation of general principles from public comments Review and consideration of next steps in relation to charter section questions and example language (see latest version attached which includes comments from Alan and Sylvia) Helsinki meeting planning – (tentatively) Tuesday 28 June from 13.30 to 14.45 as part of the GNSO schedule Confirm next meeting – 26 May at 13.00 UTC

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Auction Proceeds DT Meeting 12/05/16: Notes, Outcomes and Action items
by David Tait May 16, 2016

May 16, 2016

Dear All Please find below the outcomes and action items from yesterday’s meeting: Item 2. Briefing note on fiduciary and legal constraint: Notes: ICANN memo on fiduciary and legal constraints is applicable to both the Charter and the subsequent work by the CWG. Sam and Xavier are updating the memo to address some of the questions and comments raised by the DT. Key terms for inclusion in charter received from SE. Consideration should be given to weaving these principles into the Draft Charter. Audit committee to discuss matter potential limitations on disbursement of funds. Action items: (1) EM to revert on (a) advice from board colleagues or external advisors on what constraints (audit or tax) on the use of proceeds might be or (b) to what extent does ICANN's mission constrain the use of funds? (2) Legal document with comments from Sylvia and Jonathan needs to be resent to SE for incorporation in the next draft. (3) DT to agree in principle on the recommended terms for inclusion in the Charter. (4) DT to review and modify language contained within recommended terms document following which these are to be included in the draft charter. Item 3. Finalize review of public comments and identification of which items should be considered in relation to the development of the charter Notes: Sub-team identified a number of items for the Draft Charter and those for the CCWG to address itself. Some of those in the former were "principles" for the CCWG to use in their work. There were several other areas for discussion by full DT. These are (broadly): Diversity; Mission statement and values; and Principles of disbursement. Possible resolution: When the CWG develops its principles it should be mindful of those identified in the public comment. Action Items: (1) Sub-team to consider how to map these points to be considered into the Draft Charter; (2) AH and SC to prepare draft text on 'diversity' for inclusion in Draft Charter (utilising references to existing ICANN documents and bylaws) Item 4. Review and consideration of next steps in relation to charter section questions and example language (see latest version attached which includes comments from Alan and Sylvia) Notes: Need for working Draft of Charter. Action items: Draft Charter factoring in input and deliberations to date to be prepared by Staff and circulated ahead of the next meeting Item 5. Helsinki meeting planning – (tentatively) Tuesday 28 June from 15.15 to 16.45 Notes: Session upgraded to cross-community session. Consideration will have to be given to how to structure that session. Item 6. Confirm next meeting – 26 May at 13.00 UTC Action items: JR to share list of proposed meeting dates/times David A. Tait Policy Specialist (Solicitor qualified in Scotland) Internet Corporation for Assigned Names and Numbers (ICANN) Mobile: + 44-7864-793776 Email: david.tait(a)icann.org www.icann.org

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mp3 and attendance new gTLD Auction Proceeds Drafting Team 12 May 2016
by Terri Agnew May 13, 2016

May 13, 2016

Dear All, Please find the MP3 recording for the new gTLD Auction Proceeds Drafting Team held on 12 May 2016 at 13:00 UTC: http://audio.icann.org/gnso/gnso-new-gtld-auction-proceeds-12may16-en.mp3<http://mailer.samanage.com/wf/click?upn=NrFWbrBstcrPWP369qgbqlXiSKeL20xnUXz…> On page: http://gnso.icann.org/en/group-activities/calendar#may The recordings and transcriptions of the calls are posted on the GNSO Master Calendar page: http://gnso.icann.org/en/group-activities/calendar Mailing list archives: http://mm.icann.org/pipermail/dt-cwg-auctionproceeds/ Wiki page: https://community.icann.org/x/px6AAw Attendees: ALAC Alan Greenberg ASO Sylvia Cadena ccNSO Will not be participating in the drafting team GAC none GNSO Jonathan Robinson Tony Harris RSSAC none SSAC Russ Mundy Board Board Liaisons Erika Mann Asha Hemrajani Board appointed staff advisors none Apologies: none ICANN staff: Marika Konings Lauren Allison Vinciane Koenigsfeld Julie Hedlund Glen de Saint Gery David Tait Terri Agnew ** Please let me know if your name has been left off the list ** Thank you. Kind regards, Terri Agnew ------------------------------- Adobe Connect chat transcript for Thursday, 12 May 2016 Terri Agnew:Welcome to the New gTLD Auction Proceeds CCWG Charter Drafting Team held on Thursday, 12 May 2016 Sylvia Cadena:Hi everyone Asha Hemrajani:Hello all Asha Hemrajani:Terry I would like to test my microphone Jonathan Robinson:Hello All Asha Hemrajani:I am speaking Sylvia Cadena:a bit of echo on the line Jonathan Robinson:Hi Asha. We hear you clearly on the dial out but there may be echo from your computer mic? Asha Hemrajani:I have muted my computer mic already Jonathan Robinson:THanks Asha. Asha Hemrajani:Sylvia, please see my chat text to you Jonathan Robinson:Someone has an open mic? Lauren Allison:Point of Information: Sam and Xavier will be working to update and finalize this document so that it can be referenced by the CCWG Lauren Allison:501 3c Erika Mann:I'm fine with your recommendation Jonathan Jonathan Robinson:Thanks Erica Sylvia Cadena:Thanks Erika Erika Mann: Understood ,Alan Alan Greenberg:GIven that the money the Gates Foundation has is effectively a private donation, there are no limits on what it can do, other than with respect to protecting its own tax status (if they care about that). Erika Mann:Jonathan +1 Lauren Allison:I believe I have that, and if not, will make sure to update her Lauren Allison:Appreciate if the policy staff can work with me on making sure I have the right draft Sylvia Cadena:Exactly Alan, that is why choosing the actual mechanisms has many different rules. Sylvia Cadena:The reason why most of those people establish foundations is actually to pay less taxes or no taxes at all Sylvia Cadena:Take then off line Erika Mann:Take it off line Sylvia Cadena:can someone share the text by email? apologies if it was shared already Sylvia Cadena:I hav enot checked my email this morning yet Erika Mann:Russ David Tait:@sylvia the document should be on screen now Sylvia Cadena:Yes Sylvia Cadena:Great, agree with the principles identified. They are very good guiding principles for the WG Erika Mann:Indeed, it was mentioned in the comments Erika Mann:Guidelines is a better term indeed Asha Hemrajani:@Alan how about guiding principles Asha Hemrajani:@Alan how about "guiding principles" Erika Mann:Asha - guiding princples we call the whole list you see on the screen Asha Hemrajani:yes isn't that what Alan was referring to Asha Hemrajani:or was Alan only referring to the disbursement guidelines Erika Mann:Asha - Alan was in particular talking about the third bullet point /"princiles for disbursement' and instead of principle Alan recommended to use the term guidelines. I think he's right. Just for this particular topic. Asha Hemrajani:yes that is what I just mentioned Asha Hemrajani:agree that it should be guidelines Sylvia Cadena:Yes, Jonathan, I agree. That is a good approach. Erika Mann:Jonathan +1 Sylvia Cadena:Yes, I made the point that diversity should be included to make sure it is not overlooked. Sylvia Cadena:And yes, I made a point about not spelling out the mission and core values, as they are under revision. If they change Sylvia Cadena:+ 1 Asha. Yes, I agree. Diversity should be included from the charter, so it is carried on by the WG. Diversity understood as geographical, communitities that ICANN serves, as well as benefitiaries. Sylvia Cadena:Yes, I can help with that. Sylvia Cadena:Happy to work with Asha on that. Sylvia Cadena:+1 Asha. Sylvia Cadena:I think we should mention the principles that were clustered on the review of public comments. but leaving the door open for the WG to nclude others if they see fit Erika Mann:Sylvia - indeed, there might be relevant principles not covered yet Asha Hemrajani:@sylvia RussMundy-SSAC:@Sylvia: I agree that it would be fine for the CCWG itself to add more general principles Asha Hemrajani:@sylvia, which public comments are you referring to? Sylvia Cadena:The public comments that were reviewed to share the clusters Sylvia Cadena:Erica was on that subgroup I think Erika Mann:Asha - DT/Charter received public comments. Russ and I reviewed them. And they are captured in the list you just saw as 'guiding principles' Erika Mann:The comments captrued other points as well of course. Sylvia Cadena:I agree Jonathan. Please rush :) Sylvia Cadena:It will be wonderful to get some progress on the actually document Asha Hemrajani:@erika ok, I had lost internet connection so had missed out part of the discussion Erika Mann:Jonathan - you are right RussMundy-SSAC:@Jonathan: I agree let's focus on the charter document itself Sylvia Cadena:Australia Sylvia Cadena:Yes, it is Sylvia Cadena:For me it was 7:00 am today Lauren Allison:this one is the one that starts at 5am for Asha Erika Mann:Timing: no, not really a good timing. Erika Mann:Asha, we can't move the time even later for Asia, otherwise Europe can't go to bed at all. Sylvia Cadena:I appreciate that there is an attempt to alternate and be accommodating. Sylvia Cadena:As long as it is not 3:00 am my time is ok :) Erika Mann:Thank you all! Sylvia Cadena:Sorry, lost the audio Asha Hemrajani:well at least we are alternating, appreciate that! Asha Hemrajani:thanks all Sylvia Cadena:Thank you all

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Proposed agenda - new gTLD Auction Proceeds DT meeting
by Marika Konings May 11, 2016

May 11, 2016

Dear All, Please find below the proposed agenda for the next new gTLD Auction Proceeds Drafting Team meeting which has been scheduled for Thursday 12 May at 21.00 UTC. As a reminder, please take note of the following action items from last week¹s meeting: Action Items: (i) SE to map and extract key points from the Legal Note which must go in the Charter; (ii) EM as chair of audit committee to further review points raised in Legal Note and revert on constraints which might exist; (iii) all DT to review latest draft of the charter and provide input; (iv) EM and AH to ask Board to provide input on "support directly" v "consistent with" ICANN's mission as to the possible limitation on use of funds. What discretion is available to the DT?; (v) all DT to complete review of sub-team consideration of public comments; and (vi) EM and RM to distill general principles from public comments Best regards, Marika Proposed Agenda new gTLD Auction Proceeds Drafting Team meeting Thursday 12 May at 21.00 UTC 1. Roll Call / SOI 2. Briefing note on fiduciary and legal constraint: > * Further comments / questions from DT (see latest version attached which > includes comments from Jonathan and Sylvia) > * Update from Sam on which elements need to be reflected in the charter > * Update from Erika on which further constraints may exist from the > perspective of the audit committee 3. Finalize review of public comments and identification of which items should be considered in relation to the development of the charter > * Discuss comments from DT (if any are received) > * Erika and Russ to provide update on distillation of general principles from > public comments 4. Review and consideration of next steps in relation to charter section questions and example language (see latest version attached which includes comments from Alan and Sylvia) 5. Helsinki meeting planning (tentatively) Tuesday 28 June from 13.30 to 14.45 as part of the GNSO schedule 6. Confirm next meeting 26 May at 13.00 UTC

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