Attendees:
Sub-group Members: David McAuley, Edward Morris, Greg Shatan, Laena Rahim, Leon Sanchez, Michael Abejuela, Robin Gross, Thomas Rickert. (8)
Staff: Bernard Turcotte, Brenda Brewer, Karen Mulberry, Yvette Guigneaux
Apologies: John Jeffrey, Samantha Eisner
** If your name is missing from attendance or apology, please send note to acct-staff@icann.org **
Transcript
Recording
Agenda
1. WELCOME | ROLL CALL
2. REVIEW OF WORKING METHOD
3. REVIEW OF CURRENT REQUESTS & ASSIGNMENTS
a. Legal Requests (Google Doc)
4. AOB
Notes (including relevant portions of the chat)
1. WELCOME | ROLL CALL
2. REVIEW OF WORKING METHOD
Robin Gross: One of the reasons we worked well in WS1 was because we were a small committee. I hope we can keep that element in WS2.
Edward Morris: +1 Robin
Leon Sanchez: This is our objective. Also AF will be replaced by Michael Abejuela if confirmed by the plenary. SM has stepped down and Greg Shattan has been named to the legal committee but could not attend today.
Robin Gross: our meetings will be recorded and transcribed as with all meetings, si?
Bernard Turcotte: this is the default Robin
Leon Sachez: this group should consider if all requests can go to ICANN Legal - if this is the case then the request should be sent to them - the legal committee should then review the response to see if it meets the requirements.
Ed Morris: if we send it to ICANN legal we will not get billed for any external legal costs billed to ICANN for this.
Leon Sanchez: correct.
Ed Morris: If we know ICANN is conflicted from the start do we still have to send it to ICANN legal?
Leon Sanchez: No - this is the job of the legal committee - it can decide to go external first if there is a clear problem.
Robin Gross: As long as we (LC) retain the right to ask whichever lawyers we want to ask.
Robin Gross: And we don't need approval for our decisions from ICANN as to which lawyer.
Thomas Rickert: Just a reminder we want to be as cost efficient as possible. We do not want to ask for opinions that ICANN could already have in hand. We need to try to be open as open as possible - even if ICANN's position is deemed biased it could still be very valuable information for us. The objective is to obtain knowledge for things they already have.
3. REVIEW OF CURRENT REQUESTS &
Robin Gross: I'm pretty sure we are going to need independent advice regarding the "good faith conduct" issue, but am happy to ICANN legal to have a go first. But this is the sort of issue where conflict exists.
Leon Sanchez: Ombudsman question regarding a potential conflict having current Ombudsman on drafting team?
Robin Gross: I'd like to know what outside counsel thinks about this issue
David McAuley: would seem a good question for ICANN Legal.
Ed Morris: More in line with RG on this but ok to ask ICANN Legal and try to get a response ASAP.
Leon Sanchez: Yes this is the approach. Action Item - Assign to ICANN Legal. Next question Re Applicable Law - this is a direct question to ICANN Legal and we should approve this to go to ICANN Legal.
David McAuley: Disclaimer - I am a member of the Human Rights team and I have taken a position on this and my proposals have been included in the current draft. I have no question sending it to ICANN legal but it should be expanded to be more detailed.
Leon Sanchez: Agree with DM and would ask him to draft the expansion he has presented here and then confirm with the HR Rapporteur. Next human rights question vs Respect. Any objections going to ICANN legal.
David McAuley: Again, issue with the way the question is posed.
Leon Sanchez: DM could you help us refine all these questions for the human rights group and obtain the ok.
David McAuley: Can do but can only get to it tomorrow.
4. AOB
Leon Sanchez: any other points? (none). Adjourned. Next meeting after next week - can we have a Doodle poll for this. Adjourned.
Action Items:
- LS to forward Ombudsman conflict question to legal for an opinion ASAP.
- DM to reframe questions from Human Rights sub-group and distribute to rapporteur and Legal Committee Friday.
- Staff to Doodle poll Legal Committee members as to the date and time of the next meeting (in two weeks given US Thanksgiving next week).
Documents Presented
Chat Transcript
Yvette Guigneaux: Welcome all to the Legal Committee Meeting Call | Thursday, 17 November @ 16: 00 UTC!
Bernard Turcotte Staff Support: good day everyone
Robin Gross: Would that mean a subgroup may have to wait 3+ weeks before we can address the request? That might be a long wait.
Robin Gross: ok - thanks
Edward Morris: That sounds good Leon. If you recall, in WS1 we often had short meetings on short notice.
Edward Morris: as needed
Robin Gross: that sounds good, Leon.
Bernard Turcotte Staff Support: the presentation can also be found it is posted on this page as well; https: //urldefense.proofpoint.com/v2/url?u=https-3A__community.icann.org_x_E43DAw&d=DgICaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=xjNMRR-fjlgBx7tqUEv8lZv2O9RJyMyqWkymcecegCUuwDxFVsW6VBuvkqKnS_lk&m=XkF-2AFCD9-u4wEzNiqZSdTInCy0a8BWzGHPUDyOHcE&s=6PAyc9DY1l9hRXzFAxd7RpdRCTMSQJLNKV4Zf3_ekfI&e=
Robin Gross: One of the reasons we worked well in WS1 was because we were a small committee. I hope we can keep that element in WS2.
Edward Morris: +1 Robin
Robin Gross: our meetings will be recorded and transcribed as with all meetings, si?
Bernard Turcotte Staff Support: this is the default Robin
Bernard Turcotte Staff Support: for WS2
David McAuley: sorry I am late
Robin Gross: thank you.
David McAuley: Brenda, I am 4154
Edward Morris: Welcome David.
David McAuley: Thank you Ed
Yvette Guigneaux: Thank you David, got it
David McAuley: Good question Ed
Robin Gross: As long as we (LC) retain the right to ask withever lawyers we want to ask.
Robin Gross: whichever
Robin Gross: And we don't need approval for our decisions from ICANN as to which lawyer.
Edward Morris: Thanks Leon
Robin Gross: We don't have to "convince" anyone of our decision.
David McAuley: can we get scroll - not finished with notes on right yet
Yvette Guigneaux: Scrolling available
David McAuley: thanks
Robin Gross: I'm pretty sure we are going to need independent advice regarding the "good faith conduct" issue, but am happy to ICANN legal to have a go first. But this is the sort of issue where conflict exists.
Robin Gross: which question?
David McAuley: i should have said so as well - ombuds question
Robin Gross: I'd like to know what outside counsel thinks about this issue.
Robin Gross: yep
David McAuley: agree w/Ed on need for ICANN legal to expedite as this is an ongoing circumstance
Robin Gross: If ICANN legal understands that their work will be checked by outside counsel we may get better advice in the long run.
Robin Gross: I'm happy for outside counsel to go first, but will want a check on that advice
Robin Gross: +1 David.
Edward Morris: Agree with Davis.
Edward Morris: David
Robin Gross: It helps for us to give context to the lawyers.
Edward Morris: I'm a bit confused about the exact legal question being asked here.
Edward Morris: Agreed David.
David McAuley: agreed
David McAuley: none here
Robin Gross: all sounds ok, Leon. Thanks.
Edward Morris: Thanks Leon
David McAuley: Thanks Leon
Robin Gross: ok by me
Edward Morris: Ombuddy
Edward Morris: Thanks David
Bernard Turcotte Staff Support: Ombdsman
David McAuley: good - thanks
David McAuley: thanks all, good bye
Michael Abejuela (ARIN): Thanks everyone and looking forward to working with the group
Robin Gross: Thanks, Leon and all, Bye!
Bernard Turcotte Staff Support: bye all
