ICANN funding

[Harold Feld]

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