Sub-group Members: Andree Brambilla, Avri Doria, Becky Burr, Cheryl Langdon-Orr, Christopher Wilkinson, David McAuley, Erich Schweighofer, Farzaneh Badii, Finn Petersen, Greg Shatan, Griffin Barnett, Jorge Cancio, Kavouss Arasteh, Steve DelBianco, Thiago Jardim, Thomas Rickert, Wale Bakare (17)
Staff: Bernard Turcotte, Berry Cobb, Brenda Brewer, Meghan Healy, Nigel Hickson (5)
Apologies: 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. Discuss reply received May 22
5. Review of decisions and action items from last call (2 minutes)
5.2. Action Items:
5.2.1. WG Members need to sign up for remaining 15 litigation cases –NO CHANGE
5.2.2. Consider whether questionnaire respondents should be offered opportunity to respond to Subgroup’s analysis of their response (either by email or attending a call) – See 7.1 below
6. Mandate of Jurisdiction Subgroup (10 minutes)
6.1. Discussion of “strawman” document
7. Questionnaire (20 minutes)
7.1. Discuss whether respondents should be offered an opportunity to respond to analysis of their comments, either by email or as a guest on a Subgroup call.
7.2. Review of Response of Just Net Coalition – Lead: Christopher Wilkinson.
7.3. Review of Sign-Up Sheet at https://docs.google.com/spreadsheets/d/1Q948Ib31-Hu9Ro3_k9uVYBTwm72UDmkMvUWwU_XyHAI/edit?usp=sharing.
7.4. To be discussed on May 30 call:
7.4.1. Response of Mohammad Reza Mousavi (Iran) (Erich Schweighofer).
7.4.2. Review of Response of Ministry of Telecom and Mass Communications of the Russian Federation (Tatiana Tropina).
7.4.3. Response of Farzaneh Badii - Internet Governance Project (USA) (Tatiana Tropina)
7.5. To be scheduled:
7.5.1. Response of Jorge Cancio, ".swiss" domain registry (Switzerland) (Parminder)
7.5.2. Response of Liu Yue, Internet Governance Research Center, Chinese Academy of Information Communications and Technology (China) (Vidushi Marda)
8. Review of ICANN Litigation (10 Minutes)
8.1. No cases prepared for this week.
8.2. Review of sign-up sheet at https://docs.google.com/document/d/1oo9oDJuuxFz1UUNaBfHeor7HPhJ5XcRHFTq3hjRltOM/edit?usp=sharing
8.2.1. Discuss possible change in approach as no volunteers picked up new cases this week and 15 cases remain unassigned.
8.2.2. Schreiber v. Dunabin and Bord v. Banco de Chile were sent to the list by Raphael Beauregard-Lacroix on 21 May. These cases will be discussed on the 30 May call.
10. Meetings Remaining Before ICANN59
10.1. Tuesday 30 May 1900 UTC
10.2. Thursday 8 June 1300 UTC
10.3. Thursday 15 June 0500 UTC
10.4. Tuesday 20 June 1900 UTC
Raw Captioning Notes
Please note that these are the unofficial transcript. Official transcript will be posted 2-3 days after the call
Brenda Brewer:Good day and welcome to Jurisdiction Subgroup Meeting #32 on 23 May 2017 @ 13:00 UTC!
Brenda Brewer:If you are not speaking, please mute your phone by pressing *6 (star 6). To unmute press *6. This call is recorded.
Brenda Brewer:Reminder to all, please state your name before speaking for the Captioner. Thank you!
Bernard Turcotte Staff Support:hello all
Jorge Cancio (GAC Switzerland):hi there
David McAuley (RySG):4154 here
Cheryl Langdon-Orr (CLO):omnly in Ac as I am still in another ICANN call
David McAuley (RySG):Multitasking indeed, CLO
Thomas Rickert:Hi all!
David McAuley (RySG):Hello Thomas, saw your smiling face in a nice tweet yesterday from eco
Cheryl Langdon-Orr (CLO):indeed David, far too 0ften
Nigel Hickson:good afternoon
Bernard Turcotte Staff Support:Becky
David McAuley (RySG):seems to have worked out well in practice is a notable comment that makes sense
Jorge Cancio (GAC Switzerland):as to ICANN response: it does not really add too much... wonder if registries and registrants would agree that the contract is as bilaterally developed as mentioned
David McAuley (RySG):hand down, thanks
Brenda Brewer:These document are also posted on Jurisdiction wiki here; https://urldefense.proofpoint.com/v2/url?u=https-3A__community.icann.org_x_khWOAw&d=DwIFaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=kbiQDH54980u4nTPfwdloDLY6-6F24x0ArAvhdeDvvc&m=VYYIP_tsjR44ZjhGAqbbKrKO2pCqZ7gCheIQtQ2J_OM&s=cKFcXdQldLVUnPb6aLzJ4z4E8Xls_yexE2CXmnYXHQk&e=
Jorge Cancio (GAC Switzerland):I feel we have to live with the ambiguities of Annex 12 and not spend too much time on this
David McAuley (RySG):I believe I agree with Jorge – I re-read my e-mail on what essentially our mandate was (scope and ‘gap analysis’) from last September and still believe as I did then – that mail is in archives at: http://mm.icann.org/pipermail/ws2-jurisdiction/2016-September/000099.html
David McAuley (RySG):I also want to thank Greg for pulling all this together -
Jorge Cancio (GAC Switzerland):I would need to look into that email, but bottom line is that Annex 12 establishes our mandate... with its ambiguities... and we have spent many hours on this
David McAuley (RySG):Annex 12 and Bylaw section 27.1(b)(vi)
David McAuley (RySG):agree with becky
avri doria:If we define accountabilty by reference to the work that was included in WS1, then it has a very broad defintion.
Cheryl Langdon-Orr (CLO):indeed Avri
Bernard Turcotte Staff Support:Time Check - 30 minutes left in call
Jorge Cancio (GAC Switzerland):groundhog day, sorry to say...
Greg Shatan:The movie ended with a resolution....
Jorge Cancio (GAC Switzerland):at the end of the movie... we are still at minute 40
CW:Why are we discussing the Mandate? We have worked with that for some time and are now - I hope - approaching the end.
Jorge Cancio (GAC Switzerland):Annex 12 dedicates one page and some lines to our mandate - that is what we have to follow...
Thiago Jardim 2:I do apologise for speaking for too long
Thiago Jardim 2:I guess yoi're right, it's in rem jurisdiction
Thiago Jardim 2:but I not so sure about the reason why us cours assumed jurisdiction in the case, notably .ir case
Thiago Jardim 2:.ir is a ccTLDs, so it's unlikely the basis of jurisdiction was because the registry was a .com operator
David McAuley (RySG):lost audio
Andreea Brambilla:Apologies, I have to drop off for another meeting.
David McAuley (RySG):is this just net
David McAuley (RySG):what about 7.1 on agenda
Jorge Cancio (GAC Switzerland):I did not really get the gist of the response... perhaps we could benefit from Parminder explaining their proposals?
CW:Connection is not stble.
Finn petersen, DK - GAC:The respondents should be offered an opportunity to respond to analysis of their comments
Jorge Cancio (GAC Switzerland):Just to clarify that I relayed the response of the ".swiss" (which is run by our Office) - so it is mainly their feedback from a registry's point of view
Bernard Turcotte Staff Support:Time Check - 10 minutes left in call
Finn petersen, DK - GAC:I have sent the analysis of the Italian response to Rita Forsi
David McAuley (RySG):Thankyou Finn
Finn petersen, DK - GAC:David: I haven’t yet had a feed-back from Rita
David McAuley (RySG):Well, I am glad she has it and I hope we would welcome her on call if she wishes - thanks again Finn
David McAuley (RySG):agree with Greg that we are lookingh for facts and reponse should be limited to brief reply of our review with a view to ascertaining fact, not opinion
Farzaneh Badii 2:Agree with Greg
Thiago Jardim 2:Agree that it's about establishing facts
avri doria:clarification on a call might be useful.
David McAuley (RySG):please no new papers, the deadline has passed
Jorge Cancio (GAC Switzerland):just give them the chance to attend the call and help understand the subgroup what their arguments are
Thiago Jardim 2:Not all respondents may want to comment on the analysis of their questionnaire
avri doria:if the first paer was ambiguous, then how will a second paper help?
David McAuley (RySG):agree w Avri and Jorge
Cheryl Langdon-Orr (CLO):thanks everyone...good discussion...bye
Nigel Hickson:thanks; off to a call
Thiago Jardim 2:Thank you all, apologies for monopolising the mic at some point during this call
David McAuley (RySG):thanks all, good bye
Bernard Turcotte Staff Support:bye all
Jorge Cancio (GAC Switzerland):thanks all and bye!
Greg Shatan:Thank you all and goodbye.