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Subject:
From:
Harold Feld <[log in to unmask]>
Reply To:
Harold Feld <[log in to unmask]>
Date:
Thu, 30 Mar 2006 11:29:07 -0500
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It is a long standing question in public policy as to how to get 
"good work" funded.  Milton's comments reflect a recognition that 
funding from any source inevitably has an impact on how people think, 
even if it is the impact of taking additional steps to be even handed.
At the same time, where there is no alternative source of funding 
(and there is none, even the PIR advisory board favored getting ICANN 
to fund NCUC in the long term rather than continue PIR funding).

And, as Milton will recall, I had my own concerns about making 
funding NCUC a condition of the .org delegation.  Any funding source 
will carry with it a set of risks and issues and the question becomes 
how to manage those risks while defending the integrity of the NCUC 
and ensuring that we minimize even the appearance of any impropriety.

Given this, and mindful of the risks Milton rightly points out, I 
think it may be possible to structure ICANN funding in a way that 
best minimizes the risk to the integrity of the NCUC.  If the money 
is structured in such a way that it cannot be adjusted, either to 
increase it or decrease it, for a set period of years per grant, and 
that ICANN has no authority over its handling or disbursement 
(subject to adequate financial controls to ensure that NCUC does not 
misappropriate the funds), it will minimize the risk of "capture" or 
influence by ICANN.

This is similar to the limit in the US Constitution that the salary 
of the President, the Vice President and the Judiciary are set by 
Congress, but cannot be adjusted downward or eliminated during their 
terms in office.  It balances the need to pay the executive and 
judiciary while not allowing the pay master to use control of salary 
to compel a particular result.

I recognize it does not eliminate that risk, but sometimes it is 
necessary to balance unpleasant alternatives.  As between no revenue 
or ICANN funding structured in a way that minimizes the risk that 
ICANN staff will gain influence over the NCUC, I would favor taking 
the ICANN money.

Harold

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