Sub-group Members: Andreea Brambilla, Avri Doria, Becky Burr, Cheryl Langdon-Orr, David McAuley, Erich Schweighofer, Finn Petersen, Greg Shatan, Jorge Cancio, Kavouss Arasteh, Philip Corwin, Steve DelBianco, Tatiana Tropina, Veni Markovski (14)
Observers/Guests: Taylor RW Bentley
Staff: Bernard Turcotte, Berry Cobb, Brenda Brewer, Karen Mulberry, Nigel Hickson (5)
Apologies: Paul McGrady
** 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 (5 minutes)
3.1 Questions to ICANN Legal – Status
3.2 Hypotheticals document and “Influence of ICANN’s Existing Jurisdiction” document - Clarify that active work is suspended until ICANN Legal responds to the questions and the litigation
review is complete, but the documents are still open for contributions.
4. Review of ICANN’s Past and Current Litigation (30 minutes)
4.1 Review of Sign-up sheet (document)
4.2 Review of Summaries
4.2.1 Verisign, Inc. v. ICANN V2 – MW (document)
4.2.2 State of Arizona vs NTIA V2 - MW (document)
4.2.3 Ben Haim v. Iran…. – MW (document)
4.2.4 DCA v. ICANN - DM (document)
4.2.5 DCA V. ICANN – Appellate Court - DM (document)
5. Questionnaire Update (10 minutes)
5.1 Review and Evaluation Team - Update
5.1.1 Team is responsible for updating the subgroup on new responses and their status at each meeting, as well as elaborating an evaluation
framework for responses, for approval by the sub-group, based on the responses received.
5.1.2 Composition of the review team
5.1.3 Review Team – Next steps.
5.2 Status of current responses
6. AOB
7. Adjourn
Notes
Documents Presented
- ICANN Litigations Sign-Up Sheet as of 22 March 2017
- Form_Jurisdiction case - DCA v ICANN-Appellate Court_DM
- Form_Jurisdiction case - DCA v ICANN_DM
- Form_Jurisdiction case - Arizona State vs NTIA_v2
- Form_Jurisdiction case - Ben Haim - Iran
- Form_Jurisdiction case Verisign vs ICANN_v2
- Jurisdiction-Questionnaire-Responses - Sheet1
Chat Transcript
Brenda Brewer:Good day all and welcome to the Jurisdiction Subgroup Meeting #23 on 22 March 2017 @ 13:00 UTC!
Brenda Brewer:Please use *6 (star 6) to mute and unmute your phone lines. Thank you!
Cheryl Langdon-Orr (CLO):hi all..
Bernard Turcotte Staff Support:hello all
David McAuley:4154 here
David McAuley:Enjoyed greatlu the great city of Copenhagen
David McAuley:greatly that is
David McAuley:I did see that Greg, happy to walk thru
Tatiana Tropina:Hi all - sorry for joining late
Jorge Cancio (GAC Switzerland):Hello all - am also a bit late...
Nigel Hickson:good afternoon
David McAuley:I will do two more cases - probably next week
Erich Schweighofer:Now I have some time to do some cases.
Greg Shatan:Thank you, David! Thank you, Erich!
Greg Shatan:The summaries are the same (in the AC room and attached to the email).
avri doria:diversity jurisdiction: how does that work? i guess i can go look it up.
Greg Shatan:I'll ask David to expand a bit on the diversity issue.
avri doria:ie. how do multiple jurisdiction affect things in Federal cases? is that a siginificant thing in itself?
Greg Shatan:Avri, the "diverse" citizenship of the parties is the basis of diversity jurisdiction.
avri doria:is the litigant choice limited to US courts?
avri doria:what kind of claims? being subject to a different set of laws?
avri doria:if i am the only one confused by the implications and what is allowed as a claim, i will go study up.
avri doria:i think the degree to which there is flexibilty on the claims an laws used may be a signification juridical factor in our work. thanks for the education.
avri doria:Could they have gone, e.g., a court in Kenya to litigate?
Kavouss Arasteh:Greg, thanks ,may you please provide a tutorial descrition of the legal7jurisdiction process in USA
Bernard Turcotte Staff Support:time check - 30 minutes left in call
avri doria:unless we had an office in Kenya. Or a represetative?
Kavouss Arasteh:still requires some detailed dewciption on how it works
David McAuley:now that ICANN has an office in Kenya I think the answer would be yes
David McAuley:as of the date that office opened
Becky Burr:agree with David, but isn't there an argument that the harm occurs in Kenya?
David McAuley:fair point Becky
David McAuley:At bottom, in the DCA cases I don't think jurisdiction is a paramount issue
David McAuley:in fact the case is still ongoing in Cal. state court
Kavouss Arasteh:Still the hierarchy of state court, Appeal cour ,which usually at the same state , and when federal courts are called for and when supreme court would be involved are not clear
Jorge Cancio (GAC Switzerland):perhaps we might need to look into forum shopping strategies employed regularly - in order to understand what jurisdictions are prefered by whom - depending on what is what your objectives are (an injunction in a specific territory; damages; blocking a decision... etc)
David McAuley 2:lost connection last few min - back now
David McAuley 2:in adobe
Kavouss Arasteh:The relation between three layers in State courts ,on the one hand, and federal court on the other hand and finally the role of supreme curts need to be further elaborated and documented
avri doria:what i think is importnat to this group is the fexibilty llowed in the current jurisdiction. be intersting to see if this is leveraged in any of the other cases.
avri doria:but 50 State Supreme Curts
Kavouss Arasteh:TKS Greg
avri doria:Courts
avri doria:ok, not 50.
David McAuley 2:Greg gave right reason - but it was ICANN's listing of litigation where split occurred
Bernard Turcotte Staff Support:Time Check: 15 minutes left on call
David McAuley 2:ICANN58 was long and intense - a lot crowded out during that time
Erich Schweighofer:I will help in the questionnaire review.
Tatiana Tropina:Greg, I already volunteered to help with the questionnaire review, can confirm again that I will help
Bernard Turcotte Staff Support:bye all
David McAuley 2:Thanks Greg, staff, and all
Tatiana Tropina:thanks Greg and all - bye
Jorge Cancio (GAC Switzerland):thanks and bye all!
avri doria:bye and thanks again for the legal eduction.
Nigel Hickson:thanks; bye
Greg Shatan:Bye, all and thank you!
Andreea Brambilla:Thank you!
