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Sub-group Members:   Avri Doria, Cheryl Langdon-Orr, Claudio Lucena, David McAuley, Farzaneh Badii, Greg Shatan, Herb Waye, Jorge Cancio, Kavouss Arasteh, Raphael Beauegard-Lacroix,Steve DelBianco, Thiago Jardim

Observers/Guests:  /

ICANN Org:  Bernard Turcotte, Brenda Brewer, Meghan Healy

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 ** If your name is missing from attendance or apology, please send note to acct-staff@icann.org **

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Transcript

Recording

Agenda

  1. Welcome
  2. Review Agenda
  3. Administrative Minute (SOI’s, Audio or Phone Number Participants)
  4. Resolve Remaining Open Items in Report (See chart for details)
    1. Review revised text regarding other related sanctions(now infootnote).
    2. Confirm revised recommendation on choosing from Choice of Law Menu.
    3. Section describing Work of Subgroup after Report sent to Plenary now accepted into Report.
    4. Review proposed new text about adding “Further Discussion of Jurisdiction-Related Concerns” to Report.
    5. 4.1.  Consider proposal to add text about Comments regarding further jurisdiction-related discussions.
    6. Review revised version of proposed paragraph on importance of OFAC Sanctions recommendations.
    7. Stress Tests now accepted into Report.
    8. Review proposed “friendly amendment” to ST #1.
  5. Steps needed to submit revised Subgroup Report to Plenary on 2 March
  6. AOB
  7. Adjourn

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Disclaimer: This rough edit transcript, which may contain missing, misspelled or paraphrased words, is only provided for your immediate review and is not certified as verbatim and is not to be cited in any way. 

Decisions:

  • Note 1
    • Revised text added and moved to footnote, stating “In the future, if ICANN is subject to other similar sanctions (e.g., similar in scope, type and effect and with similar methods of relief for entities not specifically sanctioned), the spirit of these recommendations should guide ICANN’s approach.”
    • Friendly amendment - Instead of saying "if ICANN is subject to similar sanctions", I believe it would be more appropriate to say "if ICANN's activities are affected by similar sanctions”.
    • Agreed with friendly amendment

  • Note 2
    • The Report has been changed to recommend that the Registry (or Registrar) choose from among the choice of law options on the “menu,” i.e., the choice would not be negotiated with ICANN.
    • Agreed

  • Note 3
    • This is a general note that section describing the work of the Subgroup after the draft was submitted to the plenary for the Abu Dhabi meeting has now been “accepted” into the document.
    • Agreed

  • Note 4
    • In the “Overview of the Work of the Subgroup,” the following has been added:

As a result of these discussions [in Abu Dhabi], the section “Further Discussions of Jurisdiction-Related Concerns” was added the draft Report, suggesting a path forward for these concerns beyond the CCWG-Accountability through a further other multistakeholder process.

      • Agreed as amended in meeting per Thiago and Greg suggestions.

    • Note 4.1
      • This suggestion has evolved somewhat. Thiago earlier suggested that “Comments by other countries in support for the further jurisdiction-related discussions, in particular immunities, should be specifically referenced." 
      • After further discussion, Thiago’s revised suggestion appears to be:
        • Comments by other countries in support for the further jurisdiction-related discussions, in particular immunities, should be specifically referenced.
        • it would be fair to also explicitly give similar satisfaction to the contrary voices
        • These are not really contrary to Brazil’s dissent, which should be made explicit in the report as part of the subgroup’s response to the comments received.”

No change has been made to the Report based on this Note, as it unclear what the level of support for this plan.  The Subgroup needs to determine if this addition should be made and if so, how.

        • Concept agreement to some new words which will be suggested by GS.

  • Note 5
    • This text is proposed to be added at the end of the recommendations on sanctions:
      • When implementing each of the recommendations in this section, their utmost importance to ICANN in carrying out its mission and facilitating global access to DNS should be considered.  Taking into account this importance, the implementation phase should start as soon as possible, but in no event later than six months after approval by the ICANN Board.”
    • Agreed

  • Note 6
      • This is a general note that the Stress Tests have now been “accepted” into the Report document.
      • Agreed.

  • Note 7
      • A “friendly amendment” was made on last week’s call to Stress Test 1 in “Proposed Accountability Measures,” to clarify that any registrar’s ability to “accept domain registration requests from citizens of any country” is still “subject to limitations and obligations due to applicable law and registry restrictions.”
      • Agreed without “and registry restrictions”.

Requests:

  • GS will circulated draft final to list by 1800 UTC today and comments need to be provided ASAP as the deadline for submitting the final recommendations is Friday 2 March 2359 UTC.

Documents Presented

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