Sub-group Members: Cheryl Langdon-Orr, David McAuley, Erich Schweighofer, Finn Petersen, Greg Shatan, Kavouss Arasteh, Mary Uduma, Tatiana Tropina, Thiago Jardim.
Staff: Patrick Dodson, Yvette Guigneaux (Tina Stevenson - captioner).
Apologies: Christopher Wilkinson, Herb Waye.
** If your name is missing from attendance or apology, please send note to firstname.lastname@example.org **
2. Review of Agenda (2 minutes)
3. Administration (1 minute)
3.1. Changes to SOIs
3.2. Identify Audio Only and Phone Number Participants
4. Follow-Up Question for ICANN Legal – Status (1 minute)
4.1. Question sent to ICANN Legal on May 2
5. Review of decisions and action items from last call (2 minutes)
5.2. Action Items:
6. Questionnaire (20 minutes)
6.1. Review of Response of Rita Forsi (Italy) – Lead: David McAuley.
6.2. Review of Response of Ministry of Telecom and Mass Communications of the Russian Federation – Lead: Tatiana Tropina .
6.3. Review of Sign-Up Sheet at https://docs.google.com/spreadsheets/d/1Q948Ib31-Hu9Ro3_k9uVYBTwm72UDmkMvUWwU_XyHAI/edit?usp=sharing.
7. Review of ICANN Litigation (15 Minutes) (Sign up: https://docs.google.com/document/d/1oo9oDJuuxFz1UUNaBfHeor7HPhJ5XcRHFTq3hjRltOM/edit?usp=sharing)
7.1. Image Online Design, Inc. v. ICANN - GS
9. Next meeting Tuesday 16 May 0500 UTC
Raw Captioning Notes
Please note that these are the unofficial transcript. Official transcript will be posted 2-3 days after the call
- ANALYSIS OF RESPONSE FROM RITA FORSI
- ICANNLitigationsSign-UpSheet (4)
- Image Online Design Litigation Summary
- Sign-Up Sheet -- Questionnaire Response Analysis - Sheet1 (1)
Yvette Guigneaux: Welcome all to the Jurisdiction Subgroup Meeting #31 | 16 May 2017 @ 05: 00 UTC!
Yvette Guigneaux: If you are not speaking, please mute your phone by pressing *6 (star 6). To unmute press *6
Yvette Guigneaux: Reminder to all, please state your name before speaking for the Interpreters and Captioner.
Kavouss Arasteh: Hi Yevette
Yvette Guigneaux: hi Kavouss - good day
Yvette Guigneaux: Hello all =)
Yvette Guigneaux: Kavouss - do you still need a dial out?
Yvette Guigneaux: it does not seem to ge going thru - or are you good to go as is?
Cheryl Langdon-Orr (CLO): hi all.. Yvette did you hear me when I joined the audio channel
Yvette Guigneaux: yes i certainly did
Yvette Guigneaux: was just checking to make sure you were good
Yvette Guigneaux: great minds... lol
Cheryl Langdon-Orr (CLO): : -)
Yvette Guigneaux: Hi Kavouss - we are trying to call you but keep getting an error message
Yvette Guigneaux: do you still need a dial out or are you good as is?
Yvette Guigneaux: cause i see you're in the AC Room
Yvette Guigneaux: Kavouss - are you connected?
David McAuley: i am 8222
Yvette Guigneaux: got it David, thank you
Tatiana Tropina: Hi all
Yvette Guigneaux: Kavouss - are you connected? just trying to make sure you will be able to participate
Yvette Guigneaux: would you kindly advise
Tatiana Tropina: Aha - I see that I am on the agenda : ) I am ready to review the Russian response, but when I saw David's format of review I think that instead of only walking everyone through the reponse I should have written things. Greg - may be better to reschedule me. Let's see.
Greg Shatan: Tatiana, we'll reschedule you, so that you can prepare a written analysis.
Tatiana Tropina: I also signed up for IGP's response as the problems they raise are largely corresponding to those in the Russian response so I can prepare two for the next meeting.
Tatiana Tropina: so we can discuss them back-to-back
Tatiana Tropina: it's a very sad time for Europe : -) 7 am.
David McAuley: Bless you for takinmg another one Tatiana
Tatiana Tropina: David, OMG after seeing how much you do here - I think no sign ups will be enough even to get near in terms of work done : -)
David McAuley: you are kind Tatiana, thank you
Yvette Guigneaux: now we hear you
Yvette Guigneaux: Next meeting: 23 May 17 @ 1300 UTC
Yvette Guigneaux: Bernie is in transit home from Madrid
Yvette Guigneaux: scrolling available if need be
Greg Shatan: Thank you, Yvette!
Yvette Guigneaux: you're welcome
Thiago Jardim: David, can you please develop again on why you think it is a policy issue rather than a legal one?
Yvette Guigneaux: yes
Tatiana Tropina: I was also wondering - in a hypothetical way, if ICANN changes its approach - jurisdiction have nothing to deal with this?
Thiago Jardim: Thank you
Tatiana Tropina: ok, this is answered, thanks David
Tatiana Tropina: (and thanks a lot for the case analysis)
Finn Petersen, GAC - DK: David: Acquis communautaire or EU acquis is the accumulated legislation in the EU
David McAuley: Thanks Finn
David McAuley: my connection is a bit fuzzy, may miss a little bit of words
Thiago Jardim: But in case the .wine case had reached US courts, the way US laws govern the matter would have the impact feared by the European Governments as identified in the Forsi, wouldn't it?
Thiago Jardim: *as identified in the Forsi questionnaire
Greg Shatan: That is a hypothetical that I don't think anyone is prepared to answer thoughtfully.
Thiago Jardim: Bu thypothetically it is possible, indeed probable.
Greg Shatan: I have no basis to believe that is the case.
Thiago Jardim: It depends on US courts' good-will to listen to AMICI BRIEF, which is as much hypothetical as the hypothesis we're considering
David McAuley: agree Thiago that the outcome would be uncertain
Thiago Jardim: what is for sure is that US courts will apply US laws, and only eventually might rely on other countries' views for the purposes of interpreting US laws
David McAuley: I am not sure that is correct Thiago - in conflict situations US courts can apply other laws
Yvette Guigneaux: Time check: 30 min
David McAuley: is that 30 min left or 30 min already gone Yvette? ;-)
Thiago Jardim: US conflict of laws, which is US law. Wouldn't that be the case?
Yvette Guigneaux: 30 min left David =)
Thiago Jardim: Other countrie's principles of conflict of laws would lead to a different result
Thiago Jardim: so in a way it is the local jursdiction's laws.
David McAuley: a dot wine court case could be brought in EU, no? say in Belgium.
David McAuley: against ICANN that is
Thiago Jardim: I can tell you for sure that Brazil's take on conflict of laws principles differ from US conflict of laws
Thiago Jardim: Sure, Thank you Greg
Kavouss Arasteh: gREG, mAY YOU PLS ALLOW OTHERS TO SPEAK
Kavouss Arasteh: Sorry foer cap
Tatiana Tropina: Me: two cases
Tatiana Tropina: Yes.
Tatiana Tropina: because am ready. Just not in writing.
Thiago Jardim: Perhaps it would be a good idea to give Ms Forsi the opportunity to comment on the David's analysis to her questionnaire, if that's not already the case, in which case I apologise for raising the issue
Tatiana Tropina: written responses will be prepared for the next meeting.
Erich Schweighofer: o.k.
Thiago Jardim: I guess it would be useful at least for those questionnaires' raising a more lively debate
Yvette Guigneaux: sorry Greg - we have two sign up sheets uploaded
Finn Petersen, GAC - DK: Greg: anyway I will Davids analysis to Rita
Finn Petersen, GAC - DK: will send
Yvette Guigneaux: scrolling available if need be
Yvette Guigneaux: Time check: 5 min left to top of the hour
David McAuley: thanks Greg
David McAuley: 2am here
Cheryl Langdon-Orr (CLO): thanks everyone... bye for now
David McAuley: back to sleep - thanks all, good bye
Tatiana Tropina: thanks a lot all! Bye
Yvette Guigneaux: 1300 utc
Thiago Jardim: Thanks, bye
nigel.hickson: thanks all;have good day
Mary Uduma: bye all