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 **




1.     Welcome

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)

5.1.  Decisions:

     5.1.1.   None.

5.2.  Action Items:

     5.2.1.   None.

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

7.     Review of ICANN Litigation (15 Minutes) (Sign up:

7.1.  Image Online Design, Inc. v. ICANN - GS

8.     AOB

9.     Next meeting Tuesday 16 May 0500 UTC

10.  Adjourned

Raw Captioning Notes

Please note that these are the unofficial transcript. Official transcript will be posted 2-3 days after the call

Action Items/Decisions/Requests

Documents Presented

Chat Transcript

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

  Tina-captioner: Hello!

  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: 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

  Tina-captioner: thanks!


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