The newly-adopted ICANN bylaws created several Work Stream 2 accountability subgroups. These subgroups are part of the Cross Community Working Group on Enhancing ICANN Accountability (CCWG-Accountability).
One of these subgroups, the Jurisdiction Subgroup, is seeking responses to this questionnaire for use in the Subgroup’s deliberations. According to Section 27.1(b)(vi) of the Bylaws and to the extent set forth in the CCWG-Accountability Final Report,[1] the Jurisdiction Subgroup is addressing questions related to ICANN’s jurisdiction,* including how choice of jurisdiction and applicable laws for dispute settlement impact ICANN's accountability and the actual operation of ICANN’s policies.
To help the Subgroup in these endeavors, we are asking you to consider and respond to the following specific questions. The Subgroup is asking for concrete, factual submissions (positive, negative, or neutral) that will help ensure that the Subgroup’s deliberations are informed, fact-based, and address real issues. The Subgroup is interested in all types of jurisdiction-related factual experiences responsive to these questions, not just those involving actual disputes/court cases.
The questionnaire is available in each of the 6 languages supported by ICANN (see below). You may respond to the questionnaire in any of these languages.
Responses must be transmitted via email to; ccwg-acctws2.jurisdiction.questionnaire@icann.org. Responses must clearly identify the individual responding and, where applicable, the organization for which the response is being submitted. Responses may be submitted at any point during the response period.
The subgroup will accept responses until 23:59 UTC 17 April 2017.
QUESTIONNAIRE
[1] See CCWG-Accountability Main Report, paragraphs 6 and 234, and Annex 12, paragraphs 25-31.
* For this Questionnaire, “ICANN’s jurisdiction” refers to (a) ICANN being subject to U.S. and California law as a result of its incorporation and location in California, (b) ICANN being subject to the laws of any other country as a result of its location within or contacts with that country, or (c) any “choice of law” or venue provisions in agreements with ICANN.