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RE: [council] FYI - Draft letter to BFC and CCWG-ACCT Chairs, requesting webinar on Cost Control Mechansisms
Hi everyone,
Bruce is correct and, frankly, I'm not as concerned with the impact of the
scope of WS2 jurisdiction on the budget and cost containment proposals for WS2
as are Paul and Phil..
If the nightmare scenario occurs and the CCWG has a collective change of heart
and decides to move all ICANN jurisdiction to Tomorrowland (just down the
street from Marina Del Ray, inside Disneyland), for example, the problems
created will be far more than the impact on the budget. Our WS1 work product is
based upon California jurisdiction. A change of jurisdiction at this point will
require a complete redo, hiring of one or two different law firms with
expertise in the new jurisdiction etc. IMHO it's an implausible scenario and
not where our focus should be. It would be simple to create similar budget
busting scenerios for other WS2 subgroups but they would be equally
implausible. Happy to do so if you like but none of them are likely to happen.
Don't forget: for any subgroup proposal to gain traction it would need to be
approved by the entire CCWG. In March 2015 I proposed changing the requirement
that ICANN be based in Los Angeles County to one where it could be based
anywhere in California. That idea was shot down by the entire CCWG. I just
don't see where a group which wouldn't consider the possibility of someday
basing ICANN in San Diego would now seriously entertain the thought of moving
it to Nevada, Newfoundland or Namibia. It's just not going to happen.
I should also note that prioritising and giving legitimacy to the idea that
changing jurisdiction is something under serious consideration empowers those
in Washington who are desperately trying to kill the transition.
I think the Webinar could be quite valuable. The legal costs are of particular
concern to me. I'd like to get a bit more information as to the basis legal
costs have / will be determined/approved, the expected breakdown of costs
between Jones Day, Adler and Sidley, any retainer or agreement ICANN has with
Jones Day that would prevent ICANN corporate from obtaining advice elsewhere on
a more economical basis and whether we in the GNSO could direct the CCWG to
utilise the less expensive of the two independent law firms when possible. As a
member of the small CCWG legal sub team that hired both Sidley and Adler and
privy to certain contractual information, I can state that there is a
substantial cost difference between what ICANN is paying each of the firms. The
cheaper firm should be used where possible to get the greatest value for the
corporation.
I'd prefer we don't include special language in the letter prioritising the
question of jurisdiction (particularly since, as Bruce pointed out, that's not
something the BFC or even the CCWG chairs can tell us: don't forget we are
bottom up and the bottom has not yet definitively spoken) but I won't object to
it's inclusion out of respect for my colleagues Paul and Phil. I would hope,
however, that the webinar itself will not devolve into one focused on such an
implausible scenario when more pressing and likely issues and outcomes could
be discussed and deliberated.
Thanks for considering,
Ed Morris
----------------------------------------
From: "Bruce Tonkin" <Bruce.Tonkin@xxxxxxxxxxxxxxxxxx>
Sent: Friday, July 8, 2016 8:18 AM
To: "council@xxxxxxxxxxxxxx" <council@xxxxxxxxxxxxxx>
Subject: RE: [council] FYI - Draft letter to BFC and CCWG-ACCT Chairs,
requesting webinar on Cost Control Mechansisms
Hello James,
Note that the Board doesn't set the scope of Work stream 2 - that is the role
of the chartering organizations.
Regards,
Bruce Tonkin
From: owner-council@xxxxxxxxxxxxxx [mailto:owner-council@xxxxxxxxxxxxxx] On
Behalf Of James M. Bladel
Sent: Friday, 8 July 2016 5:27 AM
To: Phil Corwin <psc@xxxxxxxxxxx>
Cc: Paul McGrady <policy@xxxxxxxxxxxxxxx>; GNSO Council List
<council@xxxxxxxxxxxxxx>
Subject: Re: [council] FYI - Draft letter to BFC and CCWG-ACCT Chairs,
requesting webinar on Cost Control Mechansisms
Hi Phil and Paul. Thanks for these thoughts, and to Paul for catching the
omission of this topic.
I agree that we should raise this, but the goal of this letter is to secure the
webinar. We should, however, flag the subject as an X factor that we will be
watching for in the webinar, and the work of WS2.
How about we split the baby, by adding something along the lines of:
"Of particular interest to many in the GNSO community is the unresolved
question of the scope of Work Stream 2, as it applies to the governing
jurisdiction of I can. Please come prepared to discuss this issue at the
webinar, as our ultimate approval of this proposal and budget allocation may be
dependent upon a resolution to this question."
Thank you,
J.
____________
James Bladel
GoDaddy
On Jul 7, 2016, at 08:40, Phil Corwin <psc@xxxxxxxxxxx> wrote:
+1 to Paul, and let me add this --
On Sunday afternoon in Helsinki I presented my view that ICANN's California
non-profit incorporation should be made a Fundamental Bylaw, to sync with the
facts that the revised Bylaws require both the PTI and EC to be so incorporated
and for that to be Fundamental Bylaws, and that the entire accountability plan
has been designed to fit within and function optimally within the context of
California law. Based upon some of the comments that elicited, it seems clear
that other members of the community have a very different perspective and want
to address the question of changing jurisdictions.
I don't think we should be asking the BFC and CCWG-ACCT Chairs whether the
question of moving ICANN's jurisdiction may arise in WS 2, as it is the
community's decision and not theirs. I think we should be telling them that it
is quite likely to arise in WS 2 and that the budget should include the need
for expert legal advice on that question if it arises.
Philip S. Corwin, Founding Principal
Virtualaw LLC
1155 F Street, NW
Suite 1050
Washington, DC 20004
202-559-8597/Direct
202-559-8750/Fax
202-255-6172/Cell
Twitter: @VlawDC
"Luck is the residue of design" -- Branch Rickey
From: owner-council@xxxxxxxxxxxxxx [mailto:owner-council@xxxxxxxxxxxxxx] On
Behalf Of Paul McGrady
Sent: Thursday, July 07, 2016 9:24 AM
To: 'James M. Bladel'; 'GNSO Council List'
Subject: RE: [council] FYI - Draft letter to BFC and CCWG-ACCT Chairs,
requesting webinar on Cost Control Mechansisms
Hi James,
I thought we agreed to ask them in our correspondence whether or not the
question of the location of ICANN's corporate formation was an open question in
WS2 so that we know how to analyze their budget (which seems very low if we
have to undo WS1 and rebuild it in another jurisdiction - and evaluate all the
possible jurisdictions for the "best" one). Can we please include that in our
letter and ask them for a crisp "yes" or "no"?
Best,
Paul
From: owner-council@xxxxxxxxxxxxxx [mailto:owner-council@xxxxxxxxxxxxxx] On
Behalf Of James M. Bladel
Sent: Thursday, July 07, 2016 8:11 AM
To: GNSO Council List
Subject: [council] FYI - Draft letter to BFC and CCWG-ACCT Chairs, requesting
webinar on Cost Control Mechansisms
Council Colleagues -
Following from our discussions in Helsinki, please see below for a draft letter
(email) that will be sent to the BFC and the CCWG-ACCT Co Chairs.
Please let me know if you have any questions or edits.
Thank you -
J.
----------------------------------
Dear Members of the Board Finance Committee, Dear CCWG-Accountability Chairs,
On behalf of the GNSO Council, I would like to request a webinar to brief the
GNSO Council and the broader GNSO Community on the Proposed Cost Control
Mechanisms, as well as the request for validation of the CCWG-Accountability
Budget.
We appreciate the information provided by email and presented by Xavier during
the GNSO meetings in Helsinki, but the GNSO Council would appreciate a clear
overview of what, specifically, is being requested from the GNSO as a
chartering organization, along the the expected timeframe for approval. As the
next GNSO Council meeting is scheduled for 21 July, this webinar would ideally
take place well before that meeting in order to provide GNSO Stakeholder Groups
and Constituencies sufficient opportunity to review this information, and
provide instructions to their representatives at the Council meeting.
Otherwise, because there is no Council in meeting scheduled for August, this
topic will be taken up by the GNSO Council during its next meeting in September.
If needed, the GNSO Secretariat is available to assist with the planning and
scheduling of the webinar.
Thank you,
James Bladel
GNSO Chair
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