Hi,

Thanks for the rewrite James. I think this is very helpful. More inline:

On May 15, 2015, at 10:08 AM, James Gannon <[log in to unmask]> wrote:

> So I would think that Bill is along the right track here, lets not try and ask open ended questions that allow response that don’t answer the question.
> 
> In an attempt to get more specific heres my suggestions:
> 
> 	• Does the board have any plans for new/revised/additional naming policy pr programs outside of the new gTLD program?

I’m still not exactly sure where we’re going with this question. I would like to point out that the publication of a final report of the GNSO policy and implementation WG is imminent. I’m guessing it will be on the Council agenda by the BA meeting. If the WG recommendations are adopted by the Council and the Board, this will lead to significant changes in the PDP Manual and Annex A of the ICANN by-laws that will limit to a great extent what the ICANN board can do with gTLD policy without going through the GNSO. I guess what I’m trying to say that any discussion on this topic may be moot considering some of the ongoing work in the GNSO. Maybe including the policy and implementation WG initial report recommendations within the context of this topic might be helpful.

> 	• Does the board feel that the IANA functions should remain within ICANN in perpetuity, if so should the community not have the right to periodically review the performance of the IANA and if required seek bids rom alternate providers?

I prefer the earlier framing of this question having it begin with “Why”, not “Does”. The easy answer to “Does” would be a No from the board members. There have been indications that staff (perhaps not the board) are pushing for IANA to remain within ICANN in perpetuity. The question should be framed to ask the board to clear up the ambiguities and mixed messages. Doing this does not need to be adversarial. I’m guessing this issue will probably come up outside of the NCSG meeting with the board anyway, so it may be unnecessary to bring it up at all, or perhaps revise the question based on updates we hear in BA.

> 	• When performing its work, what situations does the board feel it it exercising its fiduciary responsibility, and does the board take into account the community input when making such decisions. (JG: Personal suggested addition, has the board received formal guidance on the boundaries if their fiduciary responsibility with regards to the IANA transition)
> 	• On the topic of ‘Public Interest Commitments’ how does the board feel that PICs interact with existing bottom up policy making at ICANN. Does the board feel that there may be a conflict between PICS and multistakeholder policy development. How does the board plan to enforce PICs, specifically in the case where there may not be community agreement over the actions contained in the PIC?

An important question to add here might be a clarification on future actions regarding the PICS. There is a need for a process to revise the PICS, their enforcement and PIC Dispute Resolution Process. Ideally, this should go through a GNSO PDP. Informal discussions have begun on this during and post-Singapore. The discussions need to become more open and inclusive.

> 	• On the topic of gTLD auction proceeds, does the board plan to accept the community suggestions via the CCWG current being chartered or will the board unilaterally decide the uses for the sequestered funds? (JG: Bills suggestion below, my wording)

Agree on including this question, although it seems to me that it would help if this was a question the GNSO Council also directed to the board. In S. Crocker’s letter to the Council, he indicated that CCWG recommendations would be considered, but would not be the only determining factors influencing the Board’s decision. What other considerations is the Board factoring in here. Instead of them doing this unilaterally, why don’t they just ask the CCWG to consider them in their deliberations?

Thanks.

Amr