Showing posts with label Model. Show all posts
Showing posts with label Model. Show all posts

2017-08-11

Business Valuation: Aswath Damodaran On The Value of a User (video)

Aswath Damodaran - The Value of a User

Video above published Jul 26, 2017: While traditional business valuations have treated cash flow as the ultimate metric for gauging success, many of today's companies focus more on the size of their user community than their bottom line. Responding to evolving perspectives, newer valuation models attempt to assign value to individual consumers, but these models involve a series of assumptions and generalizations that do not always withstand scrutiny. Using Uber as a case study, this session compares and contrasts user-based valuation models with more traditional discounted cash flow (DCF) models, identifying where they converge and diverge.

Aswath Damodaran holds the Kerschner Family Chair in Finance Education and is a Professor of Finance at New York University Stern School of Business. He received a B.A. in Accounting from Madras University, an M.S. in Management from the Indian Institute of Management, and an M.B.A. and Ph.D. in Finance from the University of California. He has been voted “Professor of the Year” by the graduating M.B.A. class five times during his career at NYU. In addition, Professor Damodaran is the author of several highly-regarded and widely-used academic texts on Valuation, Corporate Finance, and Investment Management. Professor Damodaran currently teaches Corporate Finance and Equity Instruments & Markets. His research interests include Information and Prices, Real Estate, and Valuation.

The L2 Digital Leadership Academy, led by faculty from NYU Stern, Kellogg School of Management, Harvard Business School, and L2 researchers, is a two-day conference rooted in business fundamentals coupled with tactical sessions on digital topics.



feedback & comments via twitter @DomainMondo


DISCLAIMER

2015-10-18

ALAC Withdraws Support for CCWG's Proposed ICANN Membership Model

Today at ICANN 54, meeting in Dublin, Ireland, ALAC, ICANN's At-Large Advisory Committee, which represents individual Internet users throughout the world, withdrew its support for the Membership model for ICANN, proposed by CCWG-Accountability in its 2nd draft Report (pdf). Alan Greenberg, Chair of the At-Large Advisory Committee posted the following on the public mail list of CCWG-Accountability on Sunday (emphasis added):

Sent: Sunday, October 18, 2015
To: CCWG Accountability
Subject: [CCWG-ACCT] ALAC Statement on proposed accountability models

In its formal response to the CCWG-Accountability proposal issued in August 2015, the ALAC said that it could support the model being proposed, but preferred something far less complex and lighter-weight, and that we saw no need for the level of enforceability that the proposal provided.

Moreover, the ALAC had specific concerns with the budget veto and the apparent lack of participation of perhaps a majority of AC/SOs.

In light of the reconsideration of a designator model by the CCWG, along with the recommendations of the Saturday morning break-out sessions, the ALAC felt that a revised statement was in order.

Accordingly we decided, by a unanimous vote of the 14 ALAC members present (with 1 not present), to withdraw support for the Membership model.

I want to make it clear that this is not a "red line" decision. Should a Membership model become one that is generally advocated by the CCWG, and supported by a supermajority of Board directors (who ultimately MUST support any changes that they will be called upon to approve, else they would be in violation of their fiduciary duty), then the ALAC reserves its right to support such a model.

Alan Greenberg
Chair, At-Large Advisory Committee

Domain Mondo Editor's Note: It is doubtful that any membership model would be supported by the ICANN Board--see: ICANN Board Does NOT Support CCWG Proposed Membership Model Sep 27, 2015.

See also: ALAC Comments on CCWG-Accountability 2nd Draft Report (September 11, 2015)

ALAC has 5 members on the CCWG. The CCWG has a total of 26 members, plus a Board liaison and Staff representative, plus another 164 "participants."

ALAC's 5 members on CCWG-Accountability:
Sebastien Bachollet (Europe)
Tijani Ben Jemaa (Africa)
Alan Greenberg (North America)
Cheryl Langdon-Orr (Asia/Asia Pacific)
León Sanchez (Latin America) – CCWG Co-Chair

ALAC website: atlarge.icann.org

Background: At-Large is the name for the community of individual Internet users who participate in the policy development work of ICANN. More than 140 At-Large Structures representing the views of individual Internet users are active throughout the world. Learn more about the community and its activities on the website www.atlarge.icann.org, as well as how to join and participate in building the future of the worldwide Domain Name System (DNS) and other unique identifiers which every single user of the Internet relies on with every online visit. (source: ALAC website, supra)

About the ALAC, At-Large Advisory Committee:

On 31 October 2002, the ICANN Board adopted new Bylaws that established the ALAC and authorized its supporting At-Large organizations. See: Article XI, Section 2(4). The new Bylaws, which were the result of ICANN's 2002 reform process, went into effect on 15 December 2002. They called for the ALAC to eventually consist of ten members selected by Regional At-Large Organizations, supplemented by five members selected by ICANN's Nominating Committee. Underpinning the ALAC is a network of self-organizing, self- supporting At-Large Structures throughout the world involving individual Internet users at the local or issue level. The At-Large Structures have self-organised into five Regional At-Large Organizations (one in each ICANN region – Africa, Asia-Pacific, Europe, Latin America/Caribbean, and North America). The Regional At-Large Organizations are managing outreach and public involvement and are the main forum and coordination point in each region for public input to ICANN. (source: ICANN)

The CCWG-Accountability (Cross Community Working Group on Enhancing ICANN Accountability) is having further meetings/sessions this week in conjuction with ICANN 54 in Dublin, Ireland. According to the ICANN 54 schedule, CCWG-Accountability sessions scheduled for the rest of this week (all times are Irish Standard Time, and anyone can observe/attend by following the links on each session page link below):

Monday, Oct 19: 10:15 to 11:45 IST Enhancing ICANN Accountability Engagement Session I Auditorium
Monday, Oct 19: 14:00 to 18:30 IST CCWG-Accountability Working Session I Liffey B
Wednesday, Oct 21: 17:00 to 20:00 IST CCWG-Accountability Engagement Session II Auditorium
Thursday, Oct 22: 08:00 to 10:30 IST CCWG-Accountability Working Session II Liffey Hall 2

See recent posts related to CCWG-Accountability on Domain Mondo:



DISCLAIMER

2015-10-17

GAC Oct 17: ICANN CEO, CCWG Co-Chair, Ships Passing in the Night?

ICANN CEO, CCWG Co-Chair--Ships Passing in the Night?--the following is a portion of the transcript of the GAC meeting, October 17, 2015, (part of the ICANN 54 meeting which officially runs from October 18-22, 2015):

ICANN CEO FADI CHEHADE: "... AS THE PROTECTOR OF THE MISSION AND THE PUBLIC INTEREST IN ICANN. THAT IS OUR ULTIMATE ROLE. IN FACT, THE BOARD OF DIRECTORS OF ICANN IS THE ONLY PLACE ULTIMATELY WHERE AFTER THINGS GO THROUGH YOU -- AND CLEARLY, GOVERNMENTS HAVE A BIG ROLE IN ENSURING THE PUBLIC INTEREST IS PROTECTED, BUT ONCE IT GETS TO A DECISION POINT, THE BOARD, WHICH INCLUDES PEOPLE FROM THE BUSINESS AND FROM DIFFERENT PARTS OF ICANN, MUST UPHOLD THE PUBLIC INTEREST. IF THEY DON'T, WE LOST THAT OPPORTUNITY. NOW, IF I'M SITTING AT THE BOARD SEAT AND I KNOW THAT IF I DON'T DO WHAT MY COMMUNITY TELLS ME, MY NECK WILL BE CUT TOMORROW MORNING, HOW WILL I REALLY PAY ATTENTION TO THE PUBLIC INTEREST? THEREFORE, IF WE WANT TO REMOVE BOARD MEMBERS, WE SHOULD REMOVE THEM BECAUSE THEY DID NOT ADHERE TO THE BYLAWS, THE MISSION OF ICANN. AN SO OR AC CAN REMOVE THEIR BOARD MEMBER BUT THERE HAS TO BE A PROCESS. IT CANNOT BE THAT WE JUST REMOVE THEM BECAUSE THEY DIDN'T VOTE OUR WAY. THEN SUDDENLY, WE HAVE A BEHOLDEN, CAPTIVE BOARD. THAT'S NOT HOW WE WILL PRESERVE THE PUBLIC INTEREST IN ICANN. SO YES, LET'S HAVE BOARD REMOVAL. HERE WE PROPOSED SEVERAL IDEAS. EVERY BOARD MEMBER COULD SIGN A CONTRACT BEFORE THEY BECOME A BOARD MEMBER. AND THE CONTRACT INCLUDES CONDITIONS THAT THE COMMUNITY COULD SET. FOR EXAMPLE, REMEMBER THE BINDING ARBITRATION I JUST DISCUSSED? IF A BINDING ARBITRATION AWARD SAYS ICANN SHOULD DO X AND THE BOARD MEMBER VOTES AGAINST IT, YOU COULD PUT IN THEIR CONTRACT THAT IF THEY DO THAT, THEY MUST RESIGN. INSTANTLY. THEY'RE OFF THE BOARD. SO WE COULD PUT CONDITIONS TO HOLD BOARD MEMBERS TO THE THINGS WE CARE ABOUT. WE COULD ALSO MAKE SURE THAT THE BINDING ARBITRATION CAN REMOVE A BOARD MEMBER. WE CAN MAKE SURE THAT THAT BINDING ARBITRATION, AS I JUST DESCRIBED BEFORE, OF COURSE, IS ENFORCEABLE. SO THEN YOU GIVE THE ULTIMATE CONTROL OF THAT BOARD MEMBER. I THINK THE CCWG IS MOVING RIGHT NOW AS WE SPEAK IN THE RIGHT DIRECTION OF BRINGING OUR COMMUNITY TOGETHER AROUND COMMON SOLUTIONS. I AM CONFIDENT THAT WITHIN A FEW DAYS WE WILL ALL BE CLEAR ON WHAT THE COMMUNITY WANTS. I THINK WE ARE IN SYNC. IN CLOSING, I JUST WOULD LIKE TO SAY THIS: AS I LEAVE ICANN AND PREPARE TO GO, WHAT AM I MOST WORRIED ABOUT IN THIS PROCESS? WHAT IS THE THING THAT KEEPS ME UP AT NIGHT? WHEN I MEET MANY OF YOUR GOVERNMENTS AND I WAS JUST AT THE ITU MEETING IN BUDAPEST AND MET MANY, MANY MINISTERS AND GOVERNMENTAL OFFICIALS, WHAT THEY ASKED ME, WHAT ARE YOU WORRIED ABOUT NOW THAT YOU'RE LEAVING? WHAT IS TOP OF YOUR MIND? I'LL BE CANDID WITH YOU. I AM VERY WORRIED THAT WE, AT THE END OF THIS ACCOUNTABILITY REFORM, END UP DAMAGING THE MULTISTAKEHOLDER MODEL. IF WE DAMAGE THE MULTISTAKEHOLDER MODEL, WHICH HAD STOOD -- HAS STOOD THE TEST OF TIME, AND CREATE ANY STRUCTURES THAT ACTUALLY MAKE US CAPTURABLE -- AND BY THE WAY, WE ALL THINK OF CAPTURE WRONGLY AS SOMETHING GOVERNMENTS COULD DO. FRANKLY, GOVERNMENTS AT ICANN HAVE BEEN PROBABLY THE MOST COOPERATIVE TO MAKE THIS PROCESS CONCLUDE PROPERLY. I AM MOST WORRIED ALSO OF SHIFTING CAPTURE TO SPECIAL INTERESTS. WE MUST MAKE SURE -- AND YOU GOVERNMENTS, MUST HELP US MAKE SURE THAT ICANN'S STRENGTH IS ITS INDEPENDENCE. ITS INDEPENDENCE. IF WE LOSE THAT INDEPENDENCE, WE LOSE THE MULTISTAKEHOLDER MODEL, WE LOSE EVERYTHING WE HAVE. WE MUST REMAIN INDEPENDENT. INDEPENDENT OF CAPTURE, INDEPENDENT OF SPECIAL INTERESTS, AND INSTEAD SERVING THE PUBLIC INTEREST. THAT IS MY BIGGEST WORRY. AND MY CHANCE, AND YOUR CHANCE, LADIES AND GENTLEMEN, THIS WEEK, IS TO HELP US MAKE SURE WE STICK TO THESE PRINCIPLES AND WE KEEP ICANN DIVERSE, INCLUSIVE, OPEN, AND MULTISTAKEHOLDER. THANK YOU. 

[GAC] CHAIR THOMAS SCHNEIDER: THANK YOU VERY MUCH, FADI. I NOTE THAT KAVOUSS, OUR COLLEAGUE FROM IRAN HAD TO LEAVE THE MEETING BUT WILL COME BACK. SO HE ANNOUNCED THAT HE WILL WANT TO TAKE THE FLOOR. SO IN CASE I FORGET IT, PLEASE REMIND ME. AND I NOTE ALSO THAT MATHIEU WANTED TO SAY SOMETHING AND THEN I GIVE THE FLOOR TO ALL OF YOU, THANK YOU. 

MATHIEU WEILL [CCWG CO-CHAIR]: THANK YOU VERY MUCH, CHAIR. NO, I'LL SPEAK IN ENGLISH FOR THIS ONE. AS YOU WILL HAVE ALL NOTED, THERE WAS A LITTLE BIT OF DUPLICATION BETWEEN FADI'S SPEECH AND THE PREVIOUS PRESENTATIONS. I WOULD LIKE TO CORRECT A FEW POINTS ABOUT THE WAY FADI HAS CHARACTERIZED THE WORK OF OUR GROUP WHICH I THINK IS IMPORTANT FOR THIS ROOM TO BE AWARE OF. POINT NUMBER ONE, THE SLIDE DECK THAT FADI HAS INTRODUCED, GIVEN THAT WE'VE HAD MORE THAN 14 HOURS OF MEETING ALREADY IS OUTDATED. I STRONGLY ENCOURAGE THAT YOU REFER TO OLGA'S PRESENTATION AS WELL AS THE ONE WE'VE JUST PROVIDED. BECAUSE YES, THINGS ARE MOVING FAST. SO FOCUSING ON THE MOST RECENT MATERIAL CAN BE VERY IMPORTANT TO ENSURE YOU HAVE EFFICIENT DEBATES AND DISCUSSIONS.
SECONDLY, FADI REFERRED TO OUR GROUP AS INVESTIGATING A DESIGNATOR MODEL. THAT IS NOT ADEQUATELY CAPTURING WHERE WE ARE NOW. WHERE WE ARE NOW IS THAT OUR SECOND REPORT IS FOCUSED ON A SOLE MEMBERSHIP MODEL AND THERE HAS BEEN WORK. AND THE WAY TO INVESTIGATE HOW A SOLE DESIGNATOR MODEL WOULD LOOK LIKE BUT IN NO WAY IS OUR GROUP AT A POINT WHERE IT HAS BEEN SHIFTING ITS FOCUS ON SOMETHING ELSE. THERE IS -- IT'S ALSO USEFUL TO REPORT THAT THE ARBITRATION MODEL THAT HAS BEEN PART OF THE BOARD COMMENT IN THE PUBLIC COMMENT HAS BEEN ASSESSED. THERE IS -- THERE HAS BEEN LEGAL REVIEWS WORK IN THE WORK PARTIES ON THIS. AND I THINK A SUMMARY COULD BE THERE ARE SERIOUS LEGAL UNCERTAINTIES ABOUT ITS EFFICIENCY. THERE'S EVEN DEBATE AMONG LAWYERS. THAT'S WHY I'M MENTIONING UNCERTAINTIES ABOUT LEGAL EFFICIENCY. AND FINALLY, I THINK THE DISCUSSION ON THE BOARD MEMBER REMOVAL WAS INTERESTING AND WE GOT FADI'S PERSONAL VIEW ON THIS. BUT IT'S WORTH NOTEING THAT THIS VERY MOMENT WE'VE MADE TREMENDOUS PROGRESS WITH A LOT OF BOARD MEMBERS BEING PERSONALLY INVOLVED IN EXPRESSING THEIR SUPPORT FOR THE WAY FORWARD THAT WE HAVE FOUND, SO I THINK THIS IS A GOOD EXAMPLE OF THE PROGRESS WE'RE MAKING. SO I WILL JOIN FADI IN SAYING THAT WE HAVE LITTLE TIME. THIS IS REALLY THE MOMENT TO ENGAGE, DISCUSS, AND DISCUSS ON THE BASIS OF FACTS THAT ARE ACCURATE AND AVOID SPREADING ANY UNCERTAINTIES THAT MIGHT MAKE THE DECISION HARDER TO MAKE. AND THIS IS OUR COLLECTIVE RESPONSIBILITY. THANK YOU VERY MUCH." 

(Domain Mondo Editor's note: edited from the raw transcript, emphasis added)

The GAC will continue its meeting tomorrow morning, October 18, 2015, 8:30 AM IST (Irish Standard Time time zone converter) which is 3:30 AM ET (US). The GAC meeting will continue on the CCWG-Accountability (Enhancing ICANN Accountability) issues.


See also on Domain Mondo:




DISCLAIMER

2015-10-13

CCWG-Accountability Attorneys: ICANN Already Uses 'Designator Model'

"At ICANN 53 in Buenos Aires U.S. Commerce Dept. Assistant Secretary Larry Strickling stressed two points. He emphasized that the proposal should add only the minimal amount of extra structure and not introduce undetermined risks."--source: Steve Crocker, 15 Jul 2015, ICANN Board Chairman, in blog post entitled The CCWG: From Buenos Aires to Paris to Dublin
In a bombshell dropped Monday, October 12th, Legal Counsel for the Cross-Community Working Group on Enhancing ICANN Accountability have concluded (contrary to the ICANN Board and its counsel) that ICANN already uses the 'Designator Model' under California law.

No 'new structure' needed, just 'fix' the current model? The little-noticed submittal on the public mail list of the Cross-Community Working Group on Enhancing ICANN Accountability (CCWG), states that ICANN, as presently constituted, already utilizes the "Designator Model" under California law, albeit with "gaps"--
Excerpt from CCWG Legal Counsel Memorandum
Excerpt from CCWG-Accountability Legal Counsel Memorandum (yellow highlights to text added)
The six-page memorundum, posted on the CCWG public mail list Monday, October 12, 2015, may be read in its entirety here (pdf). The memorandum concludes:

"We believe that the best interpretation of the ICANN Bylaws is that ICANN functions under a designator model, for which the Code prescribes certain statutory rights and powers to designators that cannot be taken away as long as the ICANN Bylaws give director selection powers to identified stakeholder groups, acting separately or collectively. We believe that the designator structure currently set forth in the ICANN Bylaws has several serious gaps that expose ICANN to potential legal challenge and associated instability. These arise because although the Bylaws provide designator rights, the Bylaws do not specifically expressly acknowledge the legal position of the SOs, ALAC, and the NomCom as designators under California corporate law. While we believe that is the best interpretation of these Bylaws and the state statutes and the most likely outcome of a court test, a dispute on that issue could be very protracted, taking months or years to resolve, including the possibility of trial and appellate proceedings, before a final decision is rendered. Such a suit could arise, for example, if the Board tried to remove a director selected by an SO or ALAC as the Bylaws contemplate but without that appointing body’s consent as required by statute, or if an SO or ALAC tried to remove a director it appointed as the statute contemplates even though that right is not mentioned in the Bylaws. Whether ICANN moves to a member model or keeps and improves its designator model, these gaps should be addressed. For the benefit of both ICANN and the multi-stakeholder community, the Bylaws should be clear on how the separate and collective rights and powers related to selection, removal, and replacement of directors given to the ten groups are to be exercised and protected, consistent with California corporate law. ICANN may have a corporate structure that is innovative, expansive, and adaptive, but the Bylaws must be firmly grounded in the existing California nonprofit statutory framework to minimize the disruptive effect of conflicting interpretations." (emphasis added) 

All of this may come as "news" to the ICANN Board of Directors (and its legal counsel Jones Day) which has gone "on record" as neither supporting the "Single or Sole Member Model" (SMM/ CMSM) nor the "Designator model"--

Message from ICANN Board re Designator Model October 6, 2015:

CCWG,

We appreciate the continued work that the CCWG is doing to consider the public comments received on its second draft report.  Following the Los Angeles F2F we have heard suggestions that a Designator model relying on California statutes may be a replacement for the Sole Member model that was in the second draft report.

To be clear, the concerns that the Board raised on the Sole Member model still apply to a Designator model.  The Designator model still introduces a new legal structure with powers that are intrinsically beyond the structure we have been using.  We understand that many believe it is possible to constrain these powers in order to provide established protections, accountability and thresholds: This is unproven territory and will require more detail and time to understand and test the impact on our bedrock multistakeholder balance. 

Further, it is unclear that this would represent the full multistakeholder community because we do not know yet which SO/ACs will join now or later.  Moreover, the same community accountability issues present in the Sole Member are present in the Designator model.

Steve del Bianco’s constructive suggestion over the weekend that the Board could commit to a future governance structure review triggered by key factors seems like a good path forward.  This can be enshrined in a new fundamental bylaw that would require the holding of a future governance structure review if SOs and ACs agree to kick off that review.

We are all in complete agreement on the objective of enforcement of the five community powers, with new/stronger mechanisms for board removal if/when necessary.  Let’s focus on finalizing the details on these consensus elements to enable implementation and a successful transition. 

--Steve Crocker for the ICANN Board of Directors

The CCWG has its final meeting prior to ICANN 54 in Dublin, on Tuesday--CCWG ACCT Meeting #59--Tuesday, 13 October 12:00 - 14:00 UTC time converter which is 8-10am ET (US). Online access is available via the Adobe Connect Room to any and all "silent observers": https://icann.adobeconnect.com/accountability/

Agenda:
1. Welcome, roll-call, SoI
2. WP status updates
  • WP1
  • WP2
  • WP3
  • WP4
  • ST-WP
3. Update on legal requests
4. Update on plan B discussions
5. Timelines
6. Update on community leaders call
7. A.O.B

Note: recent Domain Mondo posts related to the Cross-Community Working Group on Enhancing ICANN Accountability may be found here.




DISCLAIMER

2015-09-27

ICANN Board Does NOT Support CCWG Proposed Membership Model

"The [ICANN] Board does not support the single member model.  We are unified in wanting to work with the community to find practical solutions to achieve the additional levels of accountability sought by the community including the ability to remove Board members and the whole Board, requiring community approval of bylaws changes, and requiring the Board to work with the community to reach consensus on strategic plans, operating plans and budgets."--ICANN Board Chairman Steve Crocker, Sept 26, 2015, in "chat" following his statement further below (emphasis added)
Following Chairman Crocker's statements (above and below) at the CCWG meeting, Keith Drazek, Chair of the ICANN Registries Stakeholder Group in the "chat" stated--

Keith Drazek: "I don't think anyone wants to get to a point of brinksmanship between community and Board. We're not there now and we should try to avoid it. That probably means the CCWG needs to assess all the public comments, including the Board's, and try to identify a compromise solution that doesn't compromise our stated goals. Some legitimate concerns have been raised by the Board and others, and we need to address them. Doing so should result in a compromise everyone can live with....consensus."

On Saturday, September 26, 2015, the second day of the CCWG-Accountability F2F LA meeting, ICANN Board Chairman Steve Crocker informed the CCWG that the proposed single member model a/k/a CMSM model is not supported by the ICANN Board of Directors. Accordingly, CCWG's 2nd draft proposal for ICANN membership may likely fail to achieve the necessary "consensus"-- see "chat" comment of Keith Drazek, Chair of the ICANN Registries Stakeholder Group, above.

STEVE CROCKER [ICANN Board Chairman]: THANK YOU VERY MUCH. WE CAN'T EMPHASIZE STRONGLY ENOUGH HOW THANKFUL WE ARE, HOW APPRECIATIVE WE ARE THAT EVERYBODY HAS COME TOGETHER. THIS IS A HASTILY SCHEDULED MEETING, DISPLACED A LOT OF SCHEDULES AND EVERYTHING. AND WE KNOW THAT A LOT OF -- THERE'S A LOT OF ENERGY THAT'S GONE INTO THIS. AND I WANT TO SPEAK -- I WANT TO SPEAK ABOUT THE BOARD'S POSITION AND ATTITUDE ABOUT ALL THIS.

THE TRANSITION IS VERY IMPORTANT. "VERY IMPORTANT" IS NOT THE SAME AS IT DOMINATES EVERY POSSIBLE ALTERNATIVE. OUR PRIMARY COMMITMENT, OUR OVERRIDING COMMITMENT IS TO THE INCLUSIVE MULTISTAKEHOLDER MODEL.
IT CANNOT SUPPORT COMPROMISES THAT UNDERMINE THAT MULTISTAKEHOLDER MODEL. THIS HAS BEEN BUILT UP IN A -- BY ACCRETION IN A WAY OVER 17 YEARS WITH CHANGES AND ADDITIONS AND MODIFICATIONS OVER TIME. EACH OF US SERVES ON THE BOARD FOR THREE-YEAR TERMS. AND EVEN IF WE EXTEND IT OUT AS I HAVE FOR A LONG TIME, EVENTUALLY IT COMES TO AN END. NONE OF US ARE HERE PERMANENTLY. THERE'S NO SENSE IN WHICH THE BOARD HAS A ROLE DISTINCT FROM THE COMMUNITY. WE COME FROM THE COMMUNITY. WE RETURN TO THE COMMUNITY. AND WE LEAVE BEHIND WHAT WE HOPE IS A STRONGER AND MORE VIBRANT OPERATION.

BUT I WANT TO EMPHASIZE THAT AS STRONGLY AS WE ARE SUPPORTIVE AND BELIEVE THAT THE TRANSITION AWAY FROM THE CONTRACTUAL ARRANGEMENT WITH THE U.S. GOVERNMENT IS IN THE BEST INTEREST OF THE ENTIRE WORLD, THE ENTIRE COMMUNITY, NOT JUST THE CORPORATE STRUCTURE OF ICANN, IT IS SOMETHING THAT HAS PERSISTED FOR A LONG TIME. WE WRESTLE WITH IT. WE CHAFE UNDER IT A BIT. BUT IT HAS NOT BEEN DISASTROUS. SO THAT SETS A KIND OF THRESHOLD FOR WHAT OUR ULTIMATE DECISION PROCESS IS GOING TO BE.

WE THINK THAT WE ARE SO, SO CLOSE TO WRESTLING -- WRESTLING TO THE GROUND TO GETTING AGREEMENTS ON THE BIG THINGS THAT HAVE BEEN IMPORTANT HERE ON ACCOUNTABILITY, ON TRANSPARENCY, ON ENFORCEABILITY, ON COMMUNITY POWERS, AND EVEN ABILITY TO REMOVE INDIVIDUAL BOARD MEMBERS. YOU MAY THINK THAT THAT'S A THREAT SOMETIMES. WE THINK THAT WOULD BE A RELIEF AS AN ESCAPE. [LAUGHTER ]

ANOTHER KEY THING THAT'S VERY VIBRANT AND VISIBLE TO US IS THE UNDERLYING ASSUMPTION, THE PREDICATE FOR THE ANNOUNCEMENT MADE A YEAR AND A HALF AGO WAS THAT THE U.S. GOVERNMENT WAS SAYING ICANN IS READY FOR BEING CAST LOOSE. IT DID NOT SAY WE ARE TIRED OF RUNNING IT AND WE HAVE TO FIND SOMEBODY TO SUBSTITUTE FOR OURSELVES. THEY DID SAY, OF COURSE, THEY WANTED A GLOBAL ENVIRONMENT, THE MULTISTAKEHOLDER MODEL TO BE COMFORTABLE, TO EVERYBODY TO BE COMFORTABLE WITH THE SYSTEM. AND IT OPENED UP THE DIALOGUE WHICH LED TO WHERE WE ARE TODAY. BUT THEY DID NOT -- AND I SHOULDN'T SPEAK ABOUT WHAT THEY SAID. BUT WE CERTAINLY DID NOT UNDERSTAND AND DON'T BELIEVE THAT CREATING A SUPERSTRUCTURE TO REPLACE THEM IN A CORPORATE SENSE WAS INTENDED, DESIRED, NEEDED, OR APPROPRIATE.

SO WE'RE FEELING OUR WAY VERY GINGERLY THROUGH THIS PROCESS. THE BOARD BELIEVES VERY DEEPLY AND TRIES TO ACT APPROPRIATELY THAT WE REPRESENT AND CARRY OUT THE SENSE OF THE COMMUNITY. WE'RE NOT IN A BASTION POSITION OF DEFENDING OURSELVES AGAINST THE COMMUNITY BECAUSE IN THE END, WE ARE TRYING TO BE REPRESENTATIVES AND CARETAKERS ON BEHALF OF THE COMMUNITY.

BUT AT THE END OF THE DAY, WE HAVE VERY STRONG RESPONSIBILITY. AND THAT RESPONSIBILITY IS CAREFULLY SEPARATED FROM EACH OF THE STAKEHOLDERS AND CONSTITUENCIES. WE TAKE CONFLICTS OF INTEREST VERY SERIOUSLY IN THE SEVERAL INSTANCES WHERE A PARTICULAR BOARD MEMBER HAS A BUSINESS RELATIONSHIP OR DOESN'T HAPPEN, BUT A PERSONAL RELATIONSHIP, IT HAS TO BE DISCLOSED AND THEY GET REMOVED FROM THE DECISION PROCESS AND SO FORTH.

WE DON'T HAVE THE SAME FRAMEWORK OF PROTECTION AND DEVELOPMENT OF DISCIPLINE IF CONFLICTS OF INTEREST, FOR EXAMPLE, IN THE REST OF THE COMMUNITY. AND THAT'S FINE. THAT'S PERFECTLY FINE. BUT IT IS SOMETHING THAT WE TAKE SERIOUSLY.

SO THE COMMENTS THAT WE SUBMITTED SOME TIME AGO, WE DID REPRESENT A BOARD POSITION. WE DID A QUICK CHECK THIS MORNING, AND 100% AGREEMENT THAT WHAT WE SAID THEN STILL STANDS.

WE REALLY, REALLY DO BELIEVE THAT THIS IS SO CLOSE THAT IT'S THERE. AND, AS I SAID, WE ARE VERY STRONGLY SUPPORTIVE OF THE PRINCIPLES AND THE OBJECTIVES. AND WE'RE DOWN TO WHAT IS SOMETIMES SAID WITH A LITTLE BIT OF IRONY, THESE ARE JUST IMPLEMENT DETAILS BUT THE IMPLEMENT DETAILS ARE, IN FACT, QUITE IMPORTANT.

I WAS REFLECTING AS I SAT IN MEETINGS -- IT IS ALMOST EMBARRASSING -- ALMOST 50 YEARS AGO TO BRING INDIVIDUALS TOGETHER TO BUILD THE ARPANET I WAS TERRIBLY CHAGRINED FAIRLY EARLY ON IN THE PROCESS WE HAD -- FIRST TIME WE HAD PEOPLE FLYING ALL THE WAY ACROSS THE U.S. TO COME TO A MEETING. AND THE MEETING FELL APART BY NOONTIME BECAUSE THE SOLUTION THAT I HAD BEEN PUSHING WAS REJECTED BY THE VERY PEOPLE I THOUGHT THAT I WAS DRAWING IT FROM. I WAS TAKING MODELS ABOUT THE WAY THE ADVANCED SYSTEMS AT MIT WORKED AND THE MIT PEOPLE CAME AND SAID "WE CAN'T DO THIS" MUCH THE WHOLE MEETING WAS IN SHAMBLES. I WAS A LOT YOUNGER THEN AND IT RATTLED ME. SOMEBODY TOOK ME ASIDE AND SAID "YOU WILL GET THROUGH THIS." SURE ENOUGH, THE PROTOCOLS GOT REBUILT, AND THE ARPANET GOT BUILT AND LOTS OF THINGS HAVE HAPPENED SINCE THEN.

WE CAN MAKE THIS WORK, AND WE CAN MAKE THIS WORK WELL ENOUGH. I WAS VERY, VERY PLEASED TO SEE THE DIFFERENT SCENARIOS THAT WERE BEING DISCUSSED BEFORE LUNCH. TO MY EYE, THEY WERE MORE SIMILAR THAN DIFFERENT, DIFFERED IN SOME DETAILS. AND ONE OF THE TEST QUESTIONS I ASKED: WHAT WOULD HAVE BEEN DONE DIFFERENTLY? AND THERE WERE ANSWERS. IT WASN'T ZERO. AND I THINK THAT'S FINE. I THINK THERE WERE SOME THINGS THAT ONE COULD ARGUE IT WOULD HAVE BEEN BETTER IF IT WAS DONE DIFFERENTLY, AND THAT'S FINE.

BUT I THINK WE WANT TO DO IT IN A MEASURED AND INCREMENTAL WAY AND WITH THE COMPLETE UNDERSTANDING THAT THIS IS AN ONGOING PROCESS. WE'VE HAD THE ATRT REVIEWS. WE'VE HAD THE STRUCTURAL REVIEWS. WE'D HAD PLENTY -- WE HAVE ALL OF THE ADVICE THAT COMES IN FROM THE ADVISORY COMMITTEES AND WE HAVE THE POLICIES THAT COME UP FROM THE SOs. THIS IS AN ONGOING PROCESS THAT WILL GO ON TOMORROW AND THE NEXT DAY AND THE NEXT DAY. AND IT IS NOT ESSENTIAL THAT WE GRAB HOLD OF EVERY SORT OF THING AND MAKE IT ALL HAPPEN NOW.

SO I WANTED TO CONVEY THAT. I WANTED TO CONVEY THAT THE BOARD IS DEEPLY INVESTED IN TRYING TO BE HELPFUL, IF WE CAN, STAYING OUT OF THE WAY IF THAT'S THE BEST THING TO DO. BUT WE'RE NOT TO BORROW A PHRASE FROM SOME YEARS AGO, WE ARE NOT POTTED PLANTS. WE ARE NOT JUST SITTING HERE PASSIVELY. WE ARE VERY HEAVILY ENGAGED. AND WE HAVE QUITE HEAVY RESPONSIBILITIES. AND THOSE WILL GET EXPRESSED AS THEY ARE -- AS I'M TRYING TO DO NOW AND THEY HAVE BEEN IN THE PAST, AND THEY WILL CONTINUE AS WE GO.

AND WE ARE HOPING VERY STRONGLY THAT WE ARE NOT PUT INTO A POSITION OF HAVING TO MAKE REALLY TOUGH DECISIONS OR GET INTO A "IT'S THAT OR THAT" SORT OF THING. BUT, IF NECESSARY, ALL OF US ARE SEASONED ADULTS AND WE TAKE OUR RESPONSIBILITIES QUITE HEAVILY AND WE DON'T HAVE CONSEQUENCES EXCEPT TO OUR OWN PERSONAL REPUTATIONS OR CONSCIENCE THAT WE HAVE TO DEAL WITH PERHAPS. WE WILL DO WHAT IS NECESSARY, WHEN IT'S NECESSARY. WE DON'T WANT TO CONVEY THAT AS A THREAT, MORE AS A PLEA, SORT OF "PLEASE DON'T THROW US INTO THAT BRIAR PATCH" IF YOU WILL. ..." (emphasis added) (Note: This transcription may be incomplete/inaccurate--a final reviewed transcript will be posted on CCWG Wiki)

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DISCLAIMER

2015-07-24

Enhancing ICANN Accountability, Public Comments Start July 31

Below is the Paris Communiqué issued by ICANN's CCWG-Accountability following its recent face to face meeting in Paris. As stated below, the public comment period on the CCWG's 2nd draft proposal is expected to be open from July 31-September 8, 2015. All issues open for public comment can be accessed on the ICANN website.

Cross Community Working Group on Enhancing ICANN Accountability (CCWG-Accountability) Paris Communiqué (July 20, 2015):

Members and participants of the Cross Community Working Group on Enhancing ICANN Accountability (CCWG-Accountability) met in Paris, France, from 17-18 July 2015. The event served as an opportunity to further advance the discussion on key outstanding issues and to reach agreement on next steps towards finalizing its Work Stream 1 recommendations.

This gathering comes on the heels of ICANN53 in Buenos Aires, as well as a series of prior discussions and feedback in response to the public comment period of the group's draft report.

The meeting had strong community participation, with 76 group members and participants attending in person and an additional 30 joining remotely. Further, several members of the ICANN Board of Directors, Governmental Advisory Committee (GAC) representatives, external Advisors and local stakeholders were also present (list of all participants).

Key issues
discussed and agreed-upon next steps are outlined below:

Community Empowerment Models
Following close examination and a series of dialogues and exchanges on the merits and drawbacks of the three (3) community empowerment models presented, the group agreed to advance the Community Mechanism as Sole Member Model (CMSM) as part of Work Stream 1, noting the momentum that emerged among the members of the CCWG-Accountability in support of this model.

Under this framework, the Supporting Organizations (SOs) and Advisory Committees (ACs) would collectively participate together as the sole member of ICANN. This coordination of SOs and ACs would be empowered to take certain special actions within ICANN. Further, an exchange of views will occur with the community before decisions are made. Additional details will become available over the next few weeks as the community continues to develop the framework for this model. The 'Empowered SO/AC Designator' and 'Empowered SO/AC Membership' models were also discussed and considered. Brief descriptions of each of these models can be found here [PDF, 564 KB].

Review of Government Inputs/Concerns Received
31 GAC members submitted individual contributions to the CCWG-Accountability ahead of the Paris meeting. The contributions addressed a series of questions aimed at further clarifying the positions ofGAC members with regard to their vision of the role of governments in a post-transition environment.

While in Paris, discussions focused on identifying requirements such as the role of governments with regards to public policy and assuring that the ICANN Board of Directors does not act outside of ICANN's mission. The group also acknowledged the challenges for governments to make certain decisions regarding their participation into the new community model in time for ICANN54 in Dublin.

Dependencies between the CWG-Stewardship and CCWG-Accountability
CWG-Stewardship co-Chair, Lise Fuhr, articulated the conditionalities and dependencies between the naming community proposal and the work of the CCWG-Accountability. These dependencies fall under 6 areas:
  1. ICANN Budget: Community rights regarding development and consideration
  2. ICANN Board: Community rights, specifically to appoint/remove members, recall the entire Board
  3. IANA Function Review: Incorporated into the bylaws
  4. Customer Standing Committee: Incorporated into the bylaws
  5. Appeals Mechanism: Independent Review Panel should be made applicable to IANA Functions and accessible by TLD managers
  6. Fundamental bylaws: All foregoing mechanisms are to be provided for in the bylaws as "Fundamental bylaws"
The group agreed to continue coordinating their activities with the CWG-Stewardship in an effort to ensure that the recommendations put forth by the CCWG-Accountability fully meet the requirements [PDF, 1.4 MB] (p. 20-21) of the naming community.

Refinements of Independent Review Process (IRP)
The group reached broad agreement on elements of the enhanced IRP, including diversity as a guideline for conformation and community-driven panel selection processes. Additionally, a subgroup will be formed to further develop IRP rules and procedures as well as fine tune the subject matter for IRP.

Next Steps
Over the coming days, the group faces the challenge of addressing all outstanding issues and compiling a complete 2nd Draft Proposal for a 40-day public comment from 31 July until 23:59 UTC on 8 September 2015. It is important to note that this public comment period will directly parallel the public comment on the Interim Final Transition Proposal being assembled by the IANA Stewardship Transition Coordination Group (ICG).

The first public comment included over 60 submissions that the CCWG-Accountability is carefully considering. Comments were helpful in preparing for the Paris meeting and are being considered in developing the 2nd Draft Proposal. Responses to these comments will be published along with references to the 2nd Draft Proposal to acknowledge substantive changes where applicable.

The CCWG-Accountability aims to have a Work Stream 1 proposal finalized and distributed to its chartering organizations prior to ICANN54 in Dublin. [ICANN 54 - October, 2015]. Based on the current work plan, the group confirms its plans aiming at delivering the Work Stream 1 proposal to the U.S. National Telecommunications Information Administration (NTIA), by late October or early November.

More information: ICANN CCWG-Accountability website
(source: ICANN)


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