[CCWG-ACCT] RES: Jurisdiction Proposed Questions and Poll Results

Sam Lanfranco sam at lanfranco.net
Tue Dec 27 14:12:11 UTC 2016


Greg,

Thank you for presenting alternatives for reaching agreement on 
a/Roadmap for Moving Forward to identify operational issues embedded in 
the overall “jurisdiction” issue/. It is important to recognize that 
what is being proposed is the choice of roadmap for moving forward. 
Where this takes us will flow from the assembly of evidence, the 
application of analysis, and the resulting array of possible options for 
addressing jurisdiction base operational issues.

Sam Lanfranco

On 12/27/2016 2:56 AM, Greg Shatan wrote:
> All:
>
> Two quick but important points:
>
> 1. We have strayed from the basic topic in front of us, which is to 
> decide on the formulation of the questions to be sent out.  I have 
> gone through the emails and meeting notes and pulled the alternative 
> formulations and revisions in to a single document, attached to this 
> email.
>
> With regard to question 4, I believe that the best way to move forward 
> is to see if one of the alternatives gets stronger support within the 
> CCWG.  If we can get to a point where there is broad support for the 
> question without significant opposition that may resolve issues 
> relating to whether and when this question will be sent out.
>
> 2. Our overall agreed-upon working method is to first identify, 
> discuss and arrive at a list of issues that raise concerns, and then 
> move on to identifying, discussing and arriving at a list of potential 
> remedies for each issue on our list.  We are still working on issues.  
> For a remedy to be up for discussion when we move to discussing 
> remedies, that remedy needs to provide a solution to an  issue.  We 
> can't discuss a potential remedy without having an issue it is 
> intended to solve.  If there is a potential "remedy" but it does not 
> solve any of our issues, we won't discuss it.
>
> We've already put aside one potential "remedy" until we see whether we 
> identify any issues it would solve -- the "remedy" of changing ICANN's 
> jurisdiction of incorporation or headquarters location.  "Immunity" is 
> another potential remedy that we need to deal with the same way.  
> Skipping forward to discussions of remedies is only slowing down our 
> discussion of issues.  I strongly suggest we refocus on issues, so 
> that we can get to the discussion of remedies. Once we've agreed on a 
> list of issues, a discussion of remedies will be more productive.
>
> Our working method of dealing with issues first and then remedies may 
> also help us find agreement on a way to deal with question 4.  
> Questions 1-3 clearly deal with issues. Perhaps a version of question 
> 4 that is limited to asking for issues will get broader support 
> ("Alternative 1" on the attachment may fit this description.)
>
> Greg
>
     <rest deleted>

-- 
------------------------------------------------
"It is a disgrace to be rich and honoured
in an unjust state" -Confucius
  邦有道,贫且贱焉,耻也。邦无道,富且贵焉,耻也
------------------------------------------------
Dr Sam Lanfranco (Prof Emeritus & Senior Scholar)
Econ, York U., Toronto, Ontario, CANADA - M3J 1P3
email: Lanfran at Yorku.ca   Skype: slanfranco
blog:  https://samlanfranco.blogspot.com
Phone: +1 613-476-0429 cell: +1 416-816-2852

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