[CCWG-ACCT] Clarification about Greg's response

Thu Dec 22 18:44:51 UTC 2016

Dear Co-Chairs, Greg

Thanks for your response which is sufficient enough for now.

Wishing you all a happy new year in advance.

Regards
Sent from my LG G4
Kindly excuse brevity and typos

On 22 Dec 2016 16:08, "Mathieu Weill" <mathieu.weill at afnic.fr> wrote:

> Dear Seun,
>
>
>
> First, there are different interpretations of the WS1 report regarding the
> scope of work of the Jurisdiction subgroup.  This is important to recognize
> and acknowledge.
>
> While discussion of ICANN’s place of incorporation is not central to the
> work of the incumbent subgroup, as per the recommendations of our WS1
> report, should the subgroup identify an issue where it appears that the
> only apparent solution would be a change in ICANN’s place of incorporation,
> then the issue would be discussed, since we don’t want to rule out any
> discussions that can help the subgroup produce a better and complete
> outcome.
>
> To that end, the subgroup must keep in mind that having ICANN move its
> place of incorporation materially means dismantling the accountability
> framework of WS1.  Indeed, it could mean dismantling ICANN as we know it
> and building a new organization from the ground up, hence the difficulty in
> implementing such a task without huge risks around it.”
>
>
>
> In addition, we know that:
>
> •             ICANN’s incorporation and location in California was listed
> as one of the existing accountability mechanisms at the very beginning of
> our work in WS1;
>
> •             ICANN’s Articles of Incorporation (which is treated the same
> as a fundamental Bylaw) say that ICANN’s HQ is in California;
>
> •             We need consensus on each recommendation, at the plenary
> level and with the Chartering Orgs and the Board.
>
> You are most welcome to join the subgroup, bearing in mind that we need to
> find a way forward that is suitable to all. As is often the case in such
> discussions, listening to each other is even more important than speaking
> up, if we want to ensure a constructive outcome.
>
>
>
> We hope this (delayed) response is helpful to you, and look forward to
> your further contributions.
>
>
>
> Best,
>
> Thomas, Leon & Mathieu
>
> PS : many thanks to Greg Shatan for his support in drafting this response.
>
>
>
>
>
> *De :* Seun Ojedeji [mailto:seun.ojedeji at gmail.com]
> *Envoyé :* mercredi 14 décembre 2016 22:16
> *À :* Mathieu Weill
> *Cc :* Accountability Cross Community
> *Objet :* Clarification about Greg's response
>
>
>
> Dear Co-Chairs,
>
> I figured I should create a new thread for my question to avoid any
> mis-understanding as my question is not in response to any of the 4
> "jurisdiction questions" but a clarification on scope of the jurisdiction
> sub-group with respect to the WS1 proposal.
>
> I look forward to Greg's response.
>
>
>
> Regards
>
>
>
> On Wed, Dec 14, 2016 at 5:26 PM, Seun Ojedeji <seun.ojedeji at gmail.com>
> wrote:
>
> Dear Co-Chairs,
>
>
>
> As a follow-up to my question on the call and based on Greg's response
> which I think may be beyond the jurisdiction scope as stipulated in the WS1
> proposal. I like to get further clarity for the record.
>
>
>
> Let me re-state my question again: "is change of ICANN's current
> jurisdiction of incorporation open for debate within WS2 hence can be an(or
> one of the) outcome from the jurisdiction sub-group"?
>
>
>
> Greg's Response was "somewhat yes" - if there is an issue that warrants it
> then it will be recommended.
>
>
>
> While I have no problem leaving such option open for discussion in future
> (perhaps by other group even though it's been discussed significantly in
> the past), and ofcourse the actions of the new US govt could trigger such
> need especially if the ICANN Board is convinced as such but that is not the
> case as as today.
>
>
>
> I am concerned that the sub-group on jurisdiction seem to imply place of
> incorporation is within their scope hence may probably be expending
> resources on that discussion point. Resources which includes volunteer time
> and most importantly legal working hours which isn't cheap from experience
> ;-). In addition, the unnecessary tension(most importantly the political
> ones) that this would create cannot be under estimated - ICANN just had a
> major structural reform and should be given time to settle and live a
> normal life for once ;-).
>
>
>
> I will appreciate if Greg could confirm whether i have parsed his response
> accurately and also provide reference to appropriate section of WS1
> proposal to support his response.
>
> Regards
>
> Sent from my LG G4
> Kindly excuse brevity and typos
>
>
>
> On 14 Dec 2016 08:44, "Mathieu Weill" <mathieu.weill at afnic.fr> wrote:
>
> Dear Colleagues,
>
>
>
> On behalf of the jurisdiction subgroup rapporteurs, please find attached
> two documents that will be discussed in the upcoming plenary.
>
>
>
> Best
>
> Mathieu
>
>
>
> *De :* Greg Shatan [mailto:gregshatanipc at gmail.com]
> *Envoyé :* mercredi 14 décembre 2016 07:37
> *À :* Mathieu.Weill at afnic.fr; León Felipe Sánchez Ambía; Thomas Rickert;
> acct-staff at icann.org
> *Objet :* Jurisdiction Proposed Questions and Poll Results
>
>
>
> Co-Chairs and Staff:
>
>
>
> The Jurisdiction Subgroup is considering distributing a questionnaire. The
> first attachment shows the proposed preamble (introduction to the
> questions) and each of the questions proposed in the Subgroup.
>
>
>
> The second attachment shows the results of a poll taken in the Subgroup to
> get a sense of support in the group for each of the questions.
>
>
>
> These documents should be sent to the CCWG Plenary for discussion.
>
>
>
> Greg
>
>
>
> _______________________________________________
> Accountability-Cross-Community mailing list
> Accountability-Cross-Community at icann.org
> https://mm.icann.org/mailman/listinfo/accountability-cross-community
>
>
>
>
> --
>
> ------------------------------------------------------------------------
>
>
>
> *Seun Ojedeji,Federal University Oye-Ekitiweb:      *
> *http://www.fuoye.edu.ng <http://www.fuoye.edu.ng>**Mobile:
> +2348035233535 <+234%20803%20523%203535>*
> *alt email: <http://goog_1872880453>seun.ojedeji at fuoye.edu.ng
> <seun.ojedeji at fuoye.edu.ng>*
>
> Bringing another down does not take you up - think about your action!
>
>
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/accountability-cross-community/attachments/20161222/41c6fee4/attachment.html>