Sub-group Members: Amrita Vasudevan, Andrew Harris, Avri Doria, Barbara Wanner, David McAuley, Farzaneh Badii, Greg Shatan, Griffin Barnett, Jyoti Panday, Kavouss Arasteh, Paul McGrady, Pedro da Silva, Phil Marano, Philip Corwin, Rafael Perez Galindo, Samantha Eisner, Tijani Ben Jemaa, Tom Dale, Vinay Kesari (19)
Observers/Guests: Cheryl Langdon-Orr, Iren Borissova, John Poole, Rishabh Dara, Taylor Bentley, Veni Markovski (6)
Staff: Anne-Rachel Inne, Bernie Turcotte, Brenda Brewer, Nigel Hickson
Apologies: Finn Petersen, Jorge Cancio, Milton Mueller, Matthew Shears, Paul Rosenzweig
**Please let Brenda or Yvette know if your name has been left off the list (attendees or apologies).**
The Adobe Connect recording is available here: https://icann.adobeconnect.com/p7knb6kx9k5/
The audio recording is available here: http://audio.icann.org/accountability/ccwg-accountability-jurisdiction-26sep16-en.mp3
Agenda
1. Welcome
2. Continued Discussion of Gap Analysis: Annex 12 includes “confirming and assessing the gap analysis.”
a. Confirming the scope of the “Gap Analysis”
b. Method(s) of assessing/performing the Gap Analysis?
3. Continued discussion of whether any discussion of the effect of ICANN’s place of incorporation and headquarters location is in scope for this subgroup.
a. Confirm that the scope of the Jurisdiction topic includes examining the effects of ICANN’s place of incorporation
and location (for example, on the actual operation of policies and accountability mechanisms and on the settlement of disputes)
b. Relationship to Gap Analysis
4. Continued discussion of whether the subgroup should have the capability to recommend that ICANN move its place of incorporation and/or headquarters location.
5. Begin discussion of “Multi-layers of Jurisdiction.”
6. Continued Detailed Reading of the Google Docs.
a. First Google Doc: https://docs.google.com/document/d/1UGRQqP5Bs923nmDYekZn5ZL7-DQc_QSa0GSnFoj4Pn8/edit?usp=sharing
b. Second Google Doc: https://docs.google.com/document/d/1N2eCmjbA6bxJxCEluEHJIBzP_sGPN6krEqDshA0ARVM/edit?usp=sharing
7. Other Potential Inputs to our Work.
a. Pertinent Literature (influenced by Scope)
b. Experts/Legal Advice
1. Welcome
2. Continued Discussion of Gap Analysis: Annex 12 includes “confirming and assessing the gap analysis.”
a. Confirming the scope of the “Gap Analysis”
b. Method(s) of assessing/performing the Gap Analysis?
Documents Presented
none
Chat Transcript
Brenda Brewer:Welcome all to the Jurisdiction Subgroup Meeting #5 on 26 September 2016 @ 19:00 UTC!
Bernard Turcotte Staff Support:hello all
Pedro da Silva [GAC Brasil]:Hello all!
Bernard Turcotte Staff Support:Reminder please mute if not speaking
David McAuley (RySG):hi Brenda, I am 8222
Brenda Brewer:Thank you David!
nigel hickson:good evening
Cheryl Langdon-Orr (CLO):morning all
Paul McGrady:Do we have audio yet?
Brenda Brewer:Can you hear meeting now Paul?
Paul McGrady:Yes, thanks.
Pedro da Silva [GAC Brasil]:5189 is Pedro
Brenda Brewer:Thank you, Pedro!
Jyoti Panday:hello everyone
Andrew Harris:2932 is Andrew Harris
Philip Corwin:703xxx5316 is me ;-)
Greg Shatan:I hope that Pedro will be able to speak to his emails as well.
Brenda Brewer:Thank you, Phil!
Greg Shatan:We don't appear to have Milton with us on the call, but his email is short and can be brought up in this call..
Avri Doria:i have pinged him, just in case he is free.
Avri Doria:I do not understand why the chises restaurant does not work?
Avri Doria:... chinese restaurant model ... why can't some things be done in one place and some others in another place.
Avri Doria:Agree with Paul, do not understand why the possiblity of finding another gap from a completed gap analysis all of a suddn make us jump to new place of incorp.
David McAuley (RySG):I think Greg summarized it well
Cheryl Langdon-Orr (CLO):I Agree David it mkes perfect sense to me
Paul McGrady 2:I agree with Avri - gaps do not automatically= moving out of California.
Cheryl Langdon-Orr (CLO):Agree Avri
Avri Doria:oh, i will vote for the space station solution, be warned.
Cheryl Langdon-Orr (CLO)::-)
Paul McGrady 2:Ye olde slog.
David McAuley (RySG):we should formulatre an agreed base question as well - that we will be uniformly following as we review the report
Bernard Turcotte Staff Support:that would take us to the meeting on October 10th 1900UTC
David McAuley (RySG):yes
David McAuley (RySG):ignore the host Pedro
Paul McGrady 2:Not just before we identify gaps, but before we identify gaps that can't be fixed by new mechanisms shile staying put...
Paul McGrady 2:while staying put...
Philip Corwin:Didn't our expert and not inexensive outside legal experts provide us with reasonable assurance that all the accountability powers of the designator model could be reasonably and effectively exercised under CA law?
Paul McGrady 2:@Phil - I thought they did and that was what was "sold" to the community before the Marakkech vote.
Cheryl Langdon-Orr (CLO) 2:@ Paul and Phil That is certainly my recollection
David McAuley (RySG):Mine too
David McAuley (RySG):Greg just said the opposite
Philip Corwin:Also, BTW, since the Board was effectively able to veto the member model maybe we should take their temperature on whether they have any sympathy for considering an ICANN organization change of jurisdiction in the near term. As they have accepted the designator model under CA law, should we expend any substantial time or $ on looking at other jurisdictions to cure "gaps" if in the end the Board is going to tell us that they reject the concept of moving at this time? They did dispatch the new CEO to Capitol Hill two weeks ago to tell US Senators that ICANN had full intent to remain in the USA.
Bernard Turcotte Staff Support:time chekc - last minute of call;
Pedro da Silva [GAC Brasil]:I wanted to speak
Cheryl Langdon-Orr (CLO) 2:I think that is the quesstion
David McAuley (RySG):Any meeting is a good one where Occam’s razor is invoked. Thanks all, good bye.
Bernard Turcotte Staff Support:bye all
Cheryl Langdon-Orr (CLO) 2:bye for now then ...
Avri Doria:bye
nigel hickson:thanks