Page History
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Sub-group Members: Andreea Brambilla, Avri Doria, Becky Burr, David McAuley, Erich Schweighofer, Farzaneh Badii, Finn Petersen, Greg Shatan, Griffin Barnett, Herb Waye, Mathieu Weill, Paul McGrady, Philip Corwin, Raphael Beauregard-Lacroix, Wale Steve DelBianco, Wale Bakare (1516)
Observers/Guests: Stave DelBianco, Taylor RW Bentley (2)
Staff: Anne-Rachel Inne, Bernard Turcotte, Berry Cobb, Brenda Brewer, Meghan Healy, Nigel Hickson (6)
Apologies: Cheryl Langdon-Orr
** If your name is missing from attendance or apology, please send note to acct-staff@icann.org **
Transcript
- Word Doc
Recording
Agenda
1. Welcome
2. Review of Agenda
3. Administration
- 3.1. Changes to SOIs
- 3.2. Identify Audio Only and Phone Number Participants
4. Review of decisions and action items from last call
- 4.1. Decisions – none
- 4.2. Action Items:
- 4.2.1. GS to prepare and post and draft on working methods and status of the sub-group to the sub-group prior to presenting it to the plenary on 12 April (status?)
5. Review of Working Method
- 5.1. Discussion of draft for plenary.
6. Questions to ICANN Legal
- 6.1. Walk through response from ICANN Legal identify any issues
7. Update on Questionnaire (5 minutes – we will not be going through the JNC submission this week, all submissions can be found at https://community.icann.org/display/WEIA/Jurisdiction+Questionnaire[community.icann.org])
- 7.1.1. Shin Takamura – 4 April
- 7.1.2. Just Net Coalition – 6 April
- 7.1.3. Carlos Vera – 7 april
8. Update on Analysis of Cases (5 Minutes – simply noting these have been submitted unless there is time)
- 8.1. Name.Space, Inc. v. ICANN. – DM
- 8.2. Employ Media LLC v ICANN - RBL
9. AOB
10. Next meeting 18 April 1900UTC
11. Adjourned
Notes (includes relevant text from chat):
18 Participants at start of call
1. Welcome
2. Review of Agenda
Greg Shatan - changes? (none).
Paul McGrady: Greg - special thanks for making this call on an important holiday
3. Administration
3.1. Changes to SOIs (none)
3.2. Identify Audio Only and Phone
Number Participants - None
4. Review of decisions and action items from last call
4.1. Decisions – none
4.2. Action Items:
4.2.1. GS to prepare and post and draft on working methods and status of the sub-group to the sub-group prior to presenting it to the plenary on 12 April (status?)
5. Review of Working Method
5.1. Discussion of draft for plenary.
Greg Shatan - (presentation of document) Looking to have a draft for ICANN59 for first reading.
Mathieu Weill - Strong support for this. This demonstrates progress. Suggestion to add to include how much work has been done on list where there were lists of issues which we should get back to - even if there was no agreement on this - some sort of summary of the key threads. Second suggestion - looking forward - wondering if we would not achieve more by meeting less frequently.
Greg Shatan - good points.
David McAuley - Agree with MW trying to get IOT to pivot to do more work on list. On you April item - tee up those things well in advance and encourage people to understand the positions but not have people rehash knows positions.
Greg Shatan - good thanks
Paul McGrady: +1 David. Team members should also review what the Board Chair has said about this.
Steve DelBianco - ICANN legal responses seem to validate what many people’s positions - would it modify the workplan?
Greg Shatan - makes the workplan more realistic - hope it will assist us greatly in our work. There is a connection between scope, discussions on list and not meeting every week - would require more discipline.
avri doria: it is wonderful that rapporteurs want people to work more on the list. But will wishing make it so.
David McAuley (RySG): one reason we may be able to do more on list in IRP IOT is that we are dealing now with discrete public comments
avri doria: it is just that i have often tried, but long since gave up on that goal. best of luck.
Greg Shatan - any objections to using this for the plenary with edits as per suggestions (none).
David McAuley (RySG): fair points Avri, but I am hoping your wish of good luck comes true
avri doria: i will note that it is the intent we had when we startted the work on the Staff Accountabilty subgroup. While some work got done is shared online documents, almost none got done n the list. YMMV (your mileage may vary, an expression for you results may be different)
6. Questions to ICANN Legal (30 minutes)
6.1. Walk through response from ICANN Legal identify any issues
Greg Shatan - (presentation of ICANN Legal response)
Becky Burr 3: But it is clearly correct to say that many - if not most - countries will provide jurisdiction in a case where ICANN has purposely availed itself of the jurisdiction
Steve DelBianco [BC]: Couldn't a litigant just review prior cases to determine where/how ICANN responds to claims of jurisdiction?
Mathieu Weill: @Steve : our finding was that there is no prior case outside of the US
Becky Burr - These answers are a little frustrating - the jurisdiction issue is common defense - but this is tied to the facts of any case.
Paul McGrady: I'm not surprised by the ICANN Legal answer to #7. They would be nuts to answer such a question. I'm not saying the WG should not have asked it, but the answer was entirely predictable.
Becky Burr 3: agree Paul
David McAuley - Agree with BB. Ground prepared if we want to seek further advice.
Mathieu Weill: Would suggest a follow up question about the 10 Ry, non gov, who picked Geneva : have all requests been granted ? were there criteria and, if so, which ones ?
Mathieu Weill: Also note that the absence of alternative for Registrar Agreements may be a topic to discus within this group
Paul MCGrady - re no third party beneficiaries - New gTLDs re .FEEDBACK - so this needs to looked at deeper but probably not ICANN legal.
Greg Shatan - maybe better to say there are no express TPB.
David McAuley (RySG): I thought that the existence of third party beneficiaries to contracts was usually a public policy matter in the jurisdiction in which litigation exists
Mathieu Weill - this is very helpful from ICANN legal (see above point from MW).
Wale Bakare: Absoultely, i agree with @Mathieu
7. Update on Questionnaire (5 minutes – we will not be going through the JNC submission this week, all submissions can be found at https://community.icann.org/display/WEIA/Jurisdiction+Questionnaire)
7.1.1. Shin Takamura – 4 April
7.1.2. Just Net Coalition – 6 April
7.1.3. Carlos Vera – 7 april
Greg Shatan - sub-group on questionnaire will review these before bringing these back.
8. Update on Analysis of Cases (5 Minutes – simply noting these have been submitted unless there is time)
8.1. Name.Space, Inc. v. ICANN. – DM
8.2. Employ Media LLC v ICANN - RBL
Greg Shatan - would expect comments on list.
9. AOB
(none)
10. Next meeting 18 April 1900UTC
11. Adjourned
Decisions:
- (none)
Action Items:
- Greg Shatan – To review work plan presentation for plenary per comments.
- Questionnaire Review Team – Review latest submissions
- Greg Shatan – Will post to list to encourage discussion of the latest case analysis.
Documents Presented
- Revised Work Plan and Schedule for Jurisdiction Subgroup
- ICANN Responses to Jurisdiction Subgroup Questions-SE
Chat Transcript
Yvette Guigneaux:Welcome all to the Jurisdiction Meeting #26 | 11 April 2017 @ 13:00 UTC!
Yvette Guigneaux:This meeting will be recorded. Please mute your phone when not speaking by pressing *6 (star 6) *6 will also unmute.
Bernard Turcotte Staff Support:Good day all
Herb Waye Ombuds:Greetings everyone
Mathieu Weill:Hello everyone
Bernard Turcotte Staff Support:please remember to mute if not speaking
David McAuley (RySG):hello all
David McAuley (RySG):Thanks Greg
Paul McGrady:Greg - special thanks for making this call on an important holiday
David McAuley (RySG):+1 @Paul
Mathieu Weill:+1 @Paul
Bernard Turcotte Staff Support:time check - 15 minutes left in call
Mathieu Weill:15 ?
Bernard Turcotte Staff Support:apologies 45 minutes
Bernard Turcotte Staff Support:sound is good
Brenda Brewer:Please identify name for phone number ending with 5316. Thank you.
Paul McGrady:+1 David. Team members should also review what the Board Chair has said about this.
avri doria:it is wonderful that rapporteurs want people to work more on the list. But will wishing make it so.
David McAuley (RySG):one reason we may be able to do more on list in IRP IOT is that we are dealing now with discrete public comments
avri doria:it is just that i have often tried, but long since gave up on that goal. best of luck.
avri doria:working on email lists is an old fashioned method that fewer people are well disposed to all the time.
David McAuley (RySG):fair points Avri, but I am hoping your wish of good luck comes true
avri doria:i will note that it is the intent we had when we startted the work on the Staff Accountabilty subgroup. While some work got done is shared online documents, almost none got done n the list. YMMV (your mileage may vary, an expression for you results may be different)
Herb Waye Ombuds:Folks I must cut out... will see you all virtually next week.
Becky Burr 3:But it is clearly correct ot say that many - if not most - countries will provide jurisdiction in a case where ICANN has purposely availed itself of the jurisdiction
Steve DelBianco [BC]:Couldn't a litigant just review prior cases to determine where/how ICANN responds to claims of jurisdiction?
Mathieu Weill:@Steve : our finding was that there is no prior case outside of the US
Paul McGrady:I'm not surprised by the ICANN Legal answer to #7. They would be nuts to answer such a question. I'm not saying the WG should not have asked it, but the answer was entirely predictable.
Becky Burr 3:agree Paul
Bernard Turcotte Staff Support:Time Check - 15 minutes left in call
Mathieu Weill:Would suggest a follow up question about the 10 Ry, non gov, who picked Geneva : have all requests been granted ? were there criteria and, if so, which ones ?
Mathieu Weill:Also note that the absence of alternative for Registrar Agreements may be a topic to discus within this group
David McAuley (RySG):I thought that the existence of third party beneficiaries to contracts was usually a public policy matter in the jurisdiction in which litigation exists
Wale Bakare:Absoultely, i agree with @Mathieu
David McAuley (RySG):Agree - don't think we can do name.space in few minutes remaining
Wale Bakare:Can we move it to the next meeting?
David McAuley (RySG):Thanks to all who participated on their religious holiday
avri doria:hag sameach
Mathieu Weill:+1 David, and others too ! Good call
Bernard Turcotte Staff Support:bye all
Paul McGrady:Great call Greg! Thanks for keeping us on track and on time,
Wale Bakare:Thanks, Greg and all. Bye for now!
Becky Burr 3:Bye everyone -
Erich Schweighofer:Servus from Vienna,
David McAuley (RySG):Thanks Greg, staff, and all - good bye
Nigel Hickson:goodbye
Andreea Brambilla 2:Thanks!