All, Two points. First, thank-you to Sylvia for the recent review of the document. Note also that I have done likewise today and have included a commented / further modified version (attached). I am willing to speak to these points as we work through the document tonight and do not expect that any suggested changes or additions will be seen as material or, at least, controversial. Second, Afilias was a participant in the .web auction. There is a reported lawsuit <http://domainincite.com/20848-donuts-rolls-the-dice-with-22-5-million-web-la...> around the outcome, which does not involve Afilias. Notwithstanding, I believe it is not appropriate for me to comment on or get involved with any discussions around the proceeds from the .web auction. Talk with you all a little later. Jonathan From: Sylvia Cadena [mailto:sylvia@apnic.net] Sent: 31 August 2016 02:26 To: dt-cwg-auctionproceeds@icann.org Subject: Re: [Dt-cwg-auctionproceeds] Proposed Agenda - new gTLD Auction Proceeds DT meeting on Wednesday 31 August at 19.30 UTC Thanks Marika. Happy to focus the discussion on the file “CCWG Auction Proceeds - Draft Charter - items for discussion - Updated 30 August 2016” which hopefully we will be able to finalize soon so that we can go through point 3 on the agenda. I would like to ask if the proceeds of the .WEB are then considered as part of this process or not, or what implication has that they are held on a different account as per the message that Asha and Erika shared. It doesn’t have any implication right? As they are listed here http://newgtlds.icann.org/en/applicants/auctions/proceeds they are all considered part of the same fund. Right? I dont think that is an item for the agenda though, but just wanted to have some clarify about that. Talk to you soon :) Regards, Sylvia ————————————————————————— Sylvia Cadena | APNIC Community Partnerships Specialist | <mailto:sylvia@apnic.net> sylvia@apnic.net <mailto:sylvia@voip.apnic.net> sylvia@voip.apnic.net | skypeID: sylviacadena FB ISIF.asia | G+ ISIFAsia | @ISIF_Asia 6 Cordelia Street, South Brisbane, QLD, 4101 Australia | PO Box 3646 Tel: +61 7 3858 3100 | Fax: +61 7 3858 3199 <http://www.apnic.net/> http://www.apnic.net | <http://www.isif.asia/> http://www.isif.asia | <https://blog.apnic.net/> https://blog.apnic.net/ * Love trees. Print only if necessary. From: <dt-cwg-auctionproceeds-bounces@icann.org <mailto:dt-cwg-auctionproceeds-bounces@icann.org> > on behalf of Marika Konings <marika.konings@icann.org <mailto:marika.konings@icann.org> > Date: Wednesday, 31 August 2016 at 5:44 AM To: "dt-cwg-auctionproceeds@icann.org <mailto:dt-cwg-auctionproceeds@icann.org> " <dt-cwg-auctionproceeds@icann.org <mailto:dt-cwg-auctionproceeds@icann.org> > Subject: [Dt-cwg-auctionproceeds] Proposed Agenda - new gTLD Auction Proceeds DT meeting on Wednesday 31 August at 19.30 UTC Dear All, Please find below the proposed agenda for the next new gTLD Auction Proceeds DT meeting which has been scheduled for Wednesday 31 August at 19.30 UTC. Note, you will find attached two versions of the draft charter. One version includes all comments & edits made to date (note, in this version, some of Sylvia’s suggestions that were deemed non-controversial have already been incorporated) and one version in which all non-controversial comments and/or edits have been removed/accepted so that only those items that need DT input / review are remaining (note, most changes are still visible in redline). The items requiring DT review are highlighted in yellow in both versions. To facilitate the review and discussion during tomorrow’s meeting, the focus will be on the second version and more specifically the items highlighted in yellow. As such, if there are any other items that you believe need DT discussion, please flag those prior to the meeting. Best regards, Marika Proposed Agenda – new gTLD Auction Proceeds DT Meeting – Wednesday 31 August 2016 1. Roll call / Welcome 2. Review of latest version of draft charter (see attached): a. Any comments / concerns in relation to how remaining comments were addressed? (see latest version of public comment review tool) b. Any items that need to be discussed that have not been flagged as ‘yellow’ (see attached for current ‘yellow’ items) c. Review and discuss items flagged in yellow (see attached) 3. Confirm deadline for final review & comments and target date for sharing draft charter with SO/ACs 4. Confirm next meeting Marika Konings Senior Policy Director & Team Leader for the GNSO, Internet Corporation for Assigned Names and Numbers (ICANN) Email: marika.konings@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-e...> .

Alan - You are correct with your observations but allow me to add Xavier to comment on this point concerning the .web auction proceed money. Xavier, please review comments from Sylvia, Jonathan and Alan. Erika On Wed, Aug 31, 2016 at 8:42 PM, Alan Greenberg <alan.greenberg@mcgill.ca> wrote:

I won't have time to send in comments, but will have ready for discussion.

On the .web funds, my reading was that they are CURRENTLY being held in a separate bank account pending investment, but that they would ultimately be combined with the other auction funds. Presuming court or other actions do not cause them to be refunded or otherwise dealt with.

Alan

At 31/08/2016 11:16 AM, Jonathan Robinson wrote:

All,

Two points.

First, thank-you to Sylvia for the recent review of the document.

Note also that I have done likewise today and have included a commented / further modified version (attached). I am willing to speak to these points as we work through the document tonight and do not expect that any suggested changes or additions will be seen as material or, at least, controversial.

Second, Afilias was a participant in the .web auction. There is a reported lawsuit <http://domainincite.com/20848-donuts-rolls-the-dice-with-22-5-million-web-la...> around the outcome, which does not involve Afilias. Notwithstanding, I believe it is not appropriate for me to comment on or get involved with any discussions around the proceeds from the .web auction.

Talk with you all a little later.

Jonathan

*From:* Sylvia Cadena [ mailto:sylvia@apnic.net <sylvia@apnic.net>] *Sent:* 31 August 2016 02:26 *To:* dt-cwg-auctionproceeds@icann.org *Subject:* Re: [Dt-cwg-auctionproceeds] Proposed Agenda - new gTLD Auction Proceeds DT meeting on Wednesday 31 August at 19.30 UTC

Thanks Marika. Happy to focus the discussion on the file “CCWG Auction Proceeds - Draft Charter - items for discussion - Updated 30 August 2016†which hopefully we will be able to finalize soon so that we can go through point 3 on the agenda.

I would like to ask if the proceeds of the .WEB are then considered as part of this process or not, or what implication has that they are held on a different account as per the message that Asha and Erika shared. It doesn’t have any implication right? As they are listed here http://newgtlds.icann.org/en/applicants/auctions/proceeds they are all considered part of the same fund. Right? I dont think that is an item for the agenda though, but just wanted to have some clarify about that.

Talk to you soon :)

Regards,

Sylvia

————————————————————— ”—————————————————

*Sylvia Cadena | APNIC Community Partnerships Specialist | sylvia@apnic.net <sylvia@apnic.net> *sylvia@voip.apnic.net | skypeID: sylviacadena FB ISIF.asia | G+ ISIFAsia | @ISIF_Asia

6 Cordelia Street, South Brisbane, QLD, 4101 Australia | PO Box 3646 Tel: +61 7 3858 3100 | Fax: +61 7 3858 3199 http://www.apnic.net | http://www.isif.asia | https://blog.apnic.net/ * Love trees. Print only if necessary.

*From: *< dt-cwg-auctionproceeds-bounces@icann.org> on behalf of Marika Konings <marika.konings@icann.org > *Date: *Wednesday, 31 August 2016 at 5:44 AM *To: *" dt-cwg-auctionproceeds@icann.org" < dt-cwg-auctionproceeds@icann. org> *Subject: *[Dt-cwg-auctionproceeds] Proposed Agenda - new gTLD Auction Proceeds DT meeting on Wednesday 31 August at 19.30 UTC

Dear All,

Please find below the proposed agenda for the next new gTLD Auction Proceeds DT meeting which has been scheduled for Wednesday 31 August at 19.30 UTC.

Note, you will find attached two versions of the draft charter. One version includes all comments & edits made to date (note, in this version, some of Sylvia’s suggestions that were deemed non-controversial have already been incorporated) and one version in which all non-controversial comments and/or edits have been removed/accepted so that only those items that need DT input / review are remaining (note, most changes are still visible in redline). The items requiring DT review are highlighted in yellow in both versions. To facilitate the review and discussion during tomorrow’s meeting, the focus will be on the second version and more specifically the items highlighted in yellow. As such, if there are any other items that you believe need DT discussion, please flag those prior to the meeting.

Best regards,

Marika

Proposed Agenda – new gTLD Auction Proceeds DT Meeting – Wednesday 31 A1 August 2016

1. Roll call / Welcome 2. Review of latest version of draft charter (see attached): a. Any comments / concerns in relation to how remaining comments were addressed? (see latest version of public comment review tool) b. Any items that need to be discussed that have not been flagged as ‘yellow’ (see attached for current ‘yellow’ items) c. Review and discuss items flagged in yellow (see attached) 3. Confirm deadline for final review & comments and target date for sharing draft charter with SO/ACs 4. Confirm next meeting

Marika Konings Senior Policy Director & Team Leader for the GNSO, Internet Corporation for Assigned Names and Numbers (ICANN) Email: 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-e...> .

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Thanks Xavier. I guess this leaves me with more questions than answers, as it seems a bit odd to discuss investment options at this stage, when the actual mechanism for use of the funds has not yet being defined and one might interfere or affect the other. I will leave it at that and better try to keep my focus on the work to get the charter for the auction proceeds completed, to see how the CCWG manages this for the final disbursement and use of the auction proceeds. Regards, Sylvia ————————————————————————— Sylvia Cadena | APNIC Community Partnerships Specialist | sylvia@apnic.net<mailto:sylvia@apnic.net> sylvia@voip.apnic.net<mailto:sylvia@voip.apnic.net> | skypeID: sylviacadena FB ISIF.asia | G+ ISIFAsia | @ISIF_Asia 6 Cordelia Street, South Brisbane, QLD, 4101 Australia | PO Box 3646 Tel: +61 7 3858 3100 | Fax: +61 7 3858 3199 http://www.apnic.net<http://www.apnic.net/> | http://www.isif.asia<http://www.isif.asia/> | https://blog.apnic.net/ * Love trees. Print only if necessary. From: <dt-cwg-auctionproceeds-bounces@icann.org> on behalf of "Xavier J. Calvez" <xavier.calvez@icann.org> Date: Thursday, 1 September 2016 at 9:59 AM To: "erika@erikamann.com" <erika@erikamann.com>, Alan Greenberg <alan.greenberg@mcgill.ca> Cc: Auction DT <dt-cwg-auctionproceeds@icann.org> Subject: Re: [Dt-cwg-auctionproceeds] Proposed Agenda - new gTLD Auction Proceeds DT meeting on Wednesday 31 August at 19.30 UTC Erika, Thank you for the opportunity to comment. I am addressing below the comments or questions provided by Sylvia, Jonathan and Alan: Sylvia’s comments/questions: The auction proceeds are not the subject of a “Fund” from the perspective of a “Fund” like the “Reserve Fund” or an endowment, which are governed by a body and under defined governing requirements. The ICANN Reserve Fund fits that definition. The auction proceeds do not. The auction proceeds do not follow any governance requirements since none was created by the Applicant Guide Book, nor once auctions occurred. The only governance issued was from the Board indicating that the usage of auction proceeds would be the subject of community consultation. From a practical standpoint, this means that the proceeds are simply “cash” being held. There is no distinction applied to the cash collected for one auction vs another. All of the proceeds resulting from the auctions held is however segregated in different bank or investment accounts from the bank and investment accounts that hold the new gTLD application fees unspent. The proceeds resulting from the auctions held prior to .WEB are all held in one investment account. The proceeds of the .WEB auction are currently held in one bank account, and the Board Finance Committee is currently evaluating the best approach for the potential investment of these proceeds to address the risk of custody (meaning the risk that the custodian of the funds fails to return the funds due to bankruptcy) and producing a safe return on investment, while allowing for sufficient liquidity. Alan comments/questions: Alan is correct in stating that the .WEB auction proceeds are currently held in one bank account. It is however not yet determined, pending the outcome of the current evaluation underway as referred to above, whether these proceeds will be combined with the rest of the auction proceeds or kept separate pending the outcome of the proceedings currently underway. Jonathan’s comments/questions: Jonathan is referring to the current lawsuit filed which can be found on ICANN’s website at https://www.icann.org/resources/pages/ruby-glen-v-icann-2016-07-23-en. I hope this helpful. Let me know if you have any other questions I can help with. Thank you. Best, Xavier Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348 From: Erika Mann <erika@erikamann.com> Date: Wednesday, August 31, 2016 at 12:01 PM To: Alan Greenberg <alan.greenberg@mcgill.ca> Cc: Jonathan Robinson <jrobinson@afilias.info>, Auction DT <dt-cwg-auctionproceeds@icann.org>, Xavier Calvez <xavier.calvez@icann.org> Subject: Re: [Dt-cwg-auctionproceeds] Proposed Agenda - new gTLD Auction Proceeds DT meeting on Wednesday 31 August at 19.30 UTC Alan - You are correct with your observations but allow me to add Xavier to comment on this point concerning the .web auction proceed money. Xavier, please review comments from Sylvia, Jonathan and Alan. Erika On Wed, Aug 31, 2016 at 8:42 PM, Alan Greenberg <alan.greenberg@mcgill.ca<mailto:alan.greenberg@mcgill.ca>> wrote: I won't have time to send in comments, but will have ready for discussion. On the .web funds, my reading was that they are CURRENTLY being held in a separate bank account pending investment, but that they would ultimately be combined with the other auction funds. Presuming court or other actions do not cause them to be refunded or otherwise dealt with. Alan At 31/08/2016 11:16 AM, Jonathan Robinson wrote: All, Two points. First, thank-you to Sylvia for the recent review of the document. Note also that I have done likewise today and have included a commented / further modified version (attached). I am willing to speak to these points as we work through the document tonight and do not expect that any suggested changes or additions will be seen as material or, at least, controversial. Second, Afilias was a participant in the .web auction. There is a reported lawsuit<http://domainincite.com/20848-donuts-rolls-the-dice-with-22-5-million-web-la...> around the outcome, which does not involve Afilias. Notwithstanding, I believe it is not appropriate for me to comment on or get involved with any discussions around the proceeds from the .web auction. Talk with you all a little later. Jonathan From: Sylvia Cadena [ mailto:sylvia@apnic.net] Sent: 31 August 2016 02:26 To: dt-cwg-auctionproceeds@icann.org<mailto:dt-cwg-auctionproceeds@icann.org> Subject: Re: [Dt-cwg-auctionproceeds] Proposed Agenda - new gTLD Auction Proceeds DT meeting on Wednesday 31 August at 19.30 UTC Thanks Marika. Happy to focus the discussion on the file “CCWG Auction Proceeds - Draft Charter - items for discussion - Updated 30 August 2016†which hopefully we will be able to finalize soon so that we can go through point 3 on the agenda. I would like to ask if the proceeds of the .WEB are then considered as part of this process or not, or what implication has that they are held on a different account as per the message that Asha and Erika shared. It doesn’t have any implication right? As they are listed here http://newgtlds.icann.org/en/applicants/auctions/proceeds they are all considered part of the same fund. Right? I dont think that is an item for the agenda though, but just wanted to have some clarify about that. Talk to you soon :) Regards, Sylvia ————————————————————— ”————————————————— Sylvia Cadena | APNIC Community Partnerships Specialist | sylvia@apnic.net<mailto:sylvia@apnic.net> sylvia@voip.apnic.net<mailto:sylvia@voip.apnic.net> | skypeID: sylviacadena FB ISIF.asia | G+ ISIFAsia | @ISIF_Asia 6 Cordelia Street, South Brisbane, QLD, 4101 Australia | PO Box 3646 Tel: +61 7 3858 3100<tel:%2B61%207%203858%203100> | Fax: +61 7 3858 3199<tel:%2B61%207%C2%A0%203858%203199> http://www.apnic.net<http://www.apnic.net/> | http://www.isif.asia | https://blog.apnic.net/ * Love trees. Print only if necessary. From: < dt-cwg-auctionproceeds-bounces@icann.org<mailto:dt-cwg-auctionproceeds-bounces@icann.org>> on behalf of Marika Konings <marika.konings@icann.org<mailto:marika.konings@icann.org> > Date: Wednesday, 31 August 2016 at 5:44 AM To: " dt-cwg-auctionproceeds@icann.org<mailto:dt-cwg-auctionproceeds@icann.org>" < dt-cwg-auctionproceeds@icann.org<mailto:dt-cwg-auctionproceeds@icann.org>> Subject: [Dt-cwg-auctionproceeds] Proposed Agenda - new gTLD Auction Proceeds DT meeting on Wednesday 31 August at 19.30 UTC Dear All, Please find below the proposed agenda for the next new gTLD Auction Proceeds DT meeting which has been scheduled for Wednesday 31 August at 19.30 UTC. Note, you will find attached two versions of the draft charter. One version includes all comments & edits made to date (note, in this version, some of Sylvia’s suggestions that were deemed non-controversial have already been incorporated) and one version in which all non-controversial comments and/or edits have been removed/accepted so that only those items that need DT input / review are remaining (note, most changes are still visible in redline). The items requiring DT review are highlighted in yellow in both versions. To facilitate the review and discussion during tomorrow’s meeting, the focus will be on the second version and more specifically the items highlighted in yellow. As such, if there are any other items that you believe need DT discussion, please flag those prior to the meeting. Best regards, Marika Proposed Agenda – new gTLD Auction Proceeds DT Meeting – Wednesday 31 A1 August 2016 1. Roll call / Welcome 2. Review of latest version of draft charter (see attached): a. Any comments / concerns in relation to how remaining comments were addressed? (see latest version of public comment review tool) b. Any items that need to be discussed that have not been flagged as ‘yellow’ (see attached for current ‘yellow’ items) c. Review and discuss items flagged in yellow (see attached) 3. Confirm deadline for final review & comments and target date for sharing draft charter with SO/ACs 4. Confirm next meeting Marika Konings Senior Policy Director & Team Leader for the GNSO, Internet Corporation for Assigned Names and Numbers (ICANN) Email: marika.konings@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-e...>. Content-Type: application/vnd.openxmlformats-officedocument.wordprocessingml.document; name="CCWG Auction Proceeds - Draft Charter - items for discussion - Updated" 30 August 2016 JR Edit.docx" Content-Disposition: attachment; filename="CCWG Auction Proceeds - Draft Charter - items for discussion -" Updated 30 August 2016 JR Edit.docx" X-Microsoft-Exchange-Diagnostics: 1;DM5PR03MB2714;9:d4HBoazr4NV3YOqd1GFzkkOSxIG+SDmc8LqRAz0AUy/ZzYQKo2JKrvqyBWZ1HYq7YZVeldohlv8lONmovffWo8JUGdzUHd490epu0WljoI8j6fgu0uEMurMx6SSQrpAdoQDIsBq97/95FOM4OS6my9L64CE8cNHjKops9HF08f59+AH9aTKZ15NBaaDRmmMcd5HsLxiU2kN5oKOsKoJGCg== Content-Type: text/plain; charset="us-ascii" Content-Transfer-Encoding: 7bit Content-Disposition: inline X-Microsoft-Exchange-Diagnostics: 1;DM5PR03MB2714;9:d4HBoazr4NV3YOqd1GFzkkOSxIG+SDmc8LqRAz0AUy/ZzYQKo2JKrvqyBWZ1HYq7YZVeldohlv8lONmovffWo8JUGdzUHd490epu0WljoI8j6fgu0uEMurMx6SSQrpAdoQDIsBq97/95FOM4OS6my9L64CE8cNHjKops9HF08f59+AH9aTKZ15NBaaDRmmMcd5HsLxiU2kN5oKOsKoJGCg== _______________________________________________ Dt-cwg-auctionproceeds mailing list Dt-cwg-auctionproceeds@icann.org<mailto:Dt-cwg-auctionproceeds@icann.org> https://mm.icann.org/mailman/listinfo/dt-cwg-auctionproceeds _______________________________________________ Dt-cwg-auctionproceeds mailing list Dt-cwg-auctionproceeds@icann.org<mailto:Dt-cwg-auctionproceeds@icann.org> https://mm.icann.org/mailman/listinfo/dt-cwg-auctionproceeds

Thanks Xavier. ————————————————————————— Sylvia Cadena | APNIC Community Partnerships Specialist | sylvia@apnic.net sylvia@voip.apnic.net | skypeID: sylviacadena FB ISIF.asia | G+ ISIFAsia | @ISIF_Asia 6 Cordelia Street, South Brisbane, QLD, 4101 Australia | PO Box 3646 Tel: +61 7 3858 3100 | Fax: +61 7 3858 3199 http://www.apnic.net | http://www.isif.asia | https://blog.apnic.net/ * Love trees. Print only if necessary. From: "Xavier J. Calvez" <xavier.calvez@icann.org> Date: Friday, 2 September 2016 at 3:34 AM To: Sylvia Cadena <sylvia@apnic.net>, "erika@erikamann.com" <erika@erikamann.com>, Alan Greenberg <alan.greenberg@mcgill.ca> Cc: Auction DT <dt-cwg-auctionproceeds@icann.org> Subject: Re: [Dt-cwg-auctionproceeds] Proposed Agenda - new gTLD Auction Proceeds DT meeting on Wednesday 31 August at 19.30 UTC Sylvia, The investment of funds should be considered for any period of time. It is even more so necessary to determine how the funds are being invested, while the actual mechanisms for use of the funds are being determined. This will continue to take time. During this time, the funds should not be left idle, producing no return, as they will lose their value. Instead, the funds should be invested while the use of such funds is being defined. Of course, the investments need to be prudent, and sufficiently liquid so that the funds can be made available once the use mechanisms have been defined, and the processes to disburse those funds have been implemented. As this could take several months, the funds should be carefully invested in the meantime. I am happy to discuss further offline if it is helpful. Thank you. Best, Xavier Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348 From: Sylvia Cadena <sylvia@apnic.net> Date: Wednesday, August 31, 2016 at 9:25 PM To: Xavier Calvez <xavier.calvez@icann.org>, "erika@erikamann.com" <erika@erikamann.com>, Alan Greenberg <alan.greenberg@mcgill.ca> Cc: Auction DT <dt-cwg-auctionproceeds@icann.org> Subject: Re: [Dt-cwg-auctionproceeds] Proposed Agenda - new gTLD Auction Proceeds DT meeting on Wednesday 31 August at 19.30 UTC Thanks Xavier. I guess this leaves me with more questions than answers, as it seems a bit odd to discuss investment options at this stage, when the actual mechanism for use of the funds has not yet being defined and one might interfere or affect the other. I will leave it at that and better try to keep my focus on the work to get the charter for the auction proceeds completed, to see how the CCWG manages this for the final disbursement and use of the auction proceeds. Regards, Sylvia ————————————————————————— Sylvia Cadena | APNIC Community Partnerships Specialist | sylvia@apnic.net sylvia@voip.apnic.net | skypeID: sylviacadena FB ISIF.asia | G+ ISIFAsia | @ISIF_Asia 6 Cordelia Street, South Brisbane, QLD, 4101 Australia | PO Box 3646 Tel: +61 7 3858 3100 | Fax: +61 7 3858 3199 http://www.apnic.net | http://www.isif.asia | https://blog.apnic.net/ * Love trees. Print only if necessary. From: <dt-cwg-auctionproceeds-bounces@icann.org> on behalf of "Xavier J. Calvez" <xavier.calvez@icann.org> Date: Thursday, 1 September 2016 at 9:59 AM To: "erika@erikamann.com" <erika@erikamann.com>, Alan Greenberg <alan.greenberg@mcgill.ca> Cc: Auction DT <dt-cwg-auctionproceeds@icann.org> Subject: Re: [Dt-cwg-auctionproceeds] Proposed Agenda - new gTLD Auction Proceeds DT meeting on Wednesday 31 August at 19.30 UTC Erika, Thank you for the opportunity to comment. I am addressing below the comments or questions provided by Sylvia, Jonathan and Alan: Sylvia’s comments/questions: The auction proceeds are not the subject of a “Fund” from the perspective of a “Fund” like the “Reserve Fund” or an endowment, which are governed by a body and under defined governing requirements. The ICANN Reserve Fund fits that definition. The auction proceeds do not. The auction proceeds do not follow any governance requirements since none was created by the Applicant Guide Book, nor once auctions occurred. The only governance issued was from the Board indicating that the usage of auction proceeds would be the subject of community consultation.

From a practical standpoint, this means that the proceeds are simply “cash” being held. There is no distinction applied to the cash collected for one auction vs another. All of the proceeds resulting from the auctions held is however segregated in different bank or investment accounts from the bank and investment accounts that hold the new gTLD application fees unspent. The proceeds resulting from the auctions held prior to .WEB are all held in one investment account. The proceeds of the .WEB auction are currently held in one bank account, and the Board Finance Committee is currently evaluating the best approach for the potential investment of these proceeds to address the risk of custody (meaning the risk that the custodian of the funds fails to return the funds due to bankruptcy) and producing a safe return on investment, while allowing for sufficient liquidity.

Alan comments/questions: Alan is correct in stating that the .WEB auction proceeds are currently held in one bank account. It is however not yet determined, pending the outcome of the current evaluation underway as referred to above, whether these proceeds will be combined with the rest of the auction proceeds or kept separate pending the outcome of the proceedings currently underway. Jonathan’s comments/questions: Jonathan is referring to the current lawsuit filed which can be found on ICANN’s website at https://www.icann.org/resources/pages/ruby-glen-v-icann-2016-07-23-en. I hope this helpful. Let me know if you have any other questions I can help with. Thank you. Best, Xavier Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348 From: Erika Mann <erika@erikamann.com> Date: Wednesday, August 31, 2016 at 12:01 PM To: Alan Greenberg <alan.greenberg@mcgill.ca> Cc: Jonathan Robinson <jrobinson@afilias.info>, Auction DT <dt-cwg-auctionproceeds@icann.org>, Xavier Calvez <xavier.calvez@icann.org> Subject: Re: [Dt-cwg-auctionproceeds] Proposed Agenda - new gTLD Auction Proceeds DT meeting on Wednesday 31 August at 19.30 UTC Alan - You are correct with your observations but allow me to add Xavier to comment on this point concerning the .web auction proceed money. Xavier, please review comments from Sylvia, Jonathan and Alan. Erika On Wed, Aug 31, 2016 at 8:42 PM, Alan Greenberg <alan.greenberg@mcgill.ca> wrote: I won't have time to send in comments, but will have ready for discussion. On the .web funds, my reading was that they are CURRENTLY being held in a separate bank account pending investment, but that they would ultimately be combined with the other auction funds. Presuming court or other actions do not cause them to be refunded or otherwise dealt with. Alan At 31/08/2016 11:16 AM, Jonathan Robinson wrote: All, Two points. First, thank-you to Sylvia for the recent review of the document. Note also that I have done likewise today and have included a commented / further modified version (attached). I am willing to speak to these points as we work through the document tonight and do not expect that any suggested changes or additions will be seen as material or, at least, controversial. Second, Afilias was a participant in the .web auction. There is a reported lawsuit around the outcome, which does not involve Afilias. Notwithstanding, I believe it is not appropriate for me to comment on or get involved with any discussions around the proceeds from the .web auction. Talk with you all a little later. Jonathan From: Sylvia Cadena [ mailto:sylvia@apnic.net] Sent: 31 August 2016 02:26 To: dt-cwg-auctionproceeds@icann.org Subject: Re: [Dt-cwg-auctionproceeds] Proposed Agenda - new gTLD Auction Proceeds DT meeting on Wednesday 31 August at 19.30 UTC Thanks Marika. Happy to focus the discussion on the file “CCWG Auction Proceeds - Draft Charter - items for discussion - Updated 30 August 2016†which hopefully we will be able to finalize soon so that we can go through point 3 on the agenda. I would like to ask if the proceeds of the .WEB are then considered as part of this process or not, or what implication has that they are held on a different account as per the message that Asha and Erika shared. It doesn’t have any implication right? As they are listed here http://newgtlds.icann.org/en/applicants/auctions/proceeds they are all considered part of the same fund. Right? I dont think that is an item for the agenda though, but just wanted to have some clarify about that. Talk to you soon :) Regards, Sylvia ————————————————————— ”————————————————— Sylvia Cadena | APNIC Community Partnerships Specialist | sylvia@apnic.net sylvia@voip.apnic.net | skypeID: sylviacadena FB ISIF.asia | G+ ISIFAsia | @ISIF_Asia 6 Cordelia Street, South Brisbane, QLD, 4101 Australia | PO Box 3646 Tel: +61 7 3858 3100 | Fax: +61 7 3858 3199 http://www.apnic.net | http://www.isif.asia | https://blog.apnic.net/ * Love trees. Print only if necessary. From: < dt-cwg-auctionproceeds-bounces@icann.org> on behalf of Marika Konings <marika.konings@icann.org > Date: Wednesday, 31 August 2016 at 5:44 AM To: " dt-cwg-auctionproceeds@icann.org" < dt-cwg-auctionproceeds@icann.org> Subject: [Dt-cwg-auctionproceeds] Proposed Agenda - new gTLD Auction Proceeds DT meeting on Wednesday 31 August at 19.30 UTC Dear All, Please find below the proposed agenda for the next new gTLD Auction Proceeds DT meeting which has been scheduled for Wednesday 31 August at 19.30 UTC. Note, you will find attached two versions of the draft charter. One version includes all comments & edits made to date (note, in this version, some of Sylvia’s suggestions that were deemed non-controversial have already been incorporated) and one version in which all non-controversial comments and/or edits have been removed/accepted so that only those items that need DT input / review are remaining (note, most changes are still visible in redline). The items requiring DT review are highlighted in yellow in both versions. To facilitate the review and discussion during tomorrow’s meeting, the focus will be on the second version and more specifically the items highlighted in yellow. As such, if there are any other items that you believe need DT discussion, please flag those prior to the meeting. Best regards, Marika Proposed Agenda – new gTLD Auction Proceeds DT Meeting – Wednesday 31 A1 August 2016 1. Roll call / Welcome 2. Review of latest version of draft charter (see attached): a. Any comments / concerns in relation to how remaining comments were addressed? (see latest version of public comment review tool) b. Any items that need to be discussed that have not been flagged as ‘yellow’ (see attached for current ‘yellow’ items) c. Review and discuss items flagged in yellow (see attached) 3. Confirm deadline for final review & comments and target date for sharing draft charter with SO/ACs 4. Confirm next meeting Marika Konings Senior Policy Director & Team Leader for the GNSO, Internet Corporation for Assigned Names and Numbers (ICANN) Email: marika.konings@icann.org Follow the GNSO via Twitter @ICANN_GNSO Find out more about the GNSO by taking our interactive courses and visiting the GNSO Newcomer pages. 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