[CCWG-ACCT] Notes, recordings and transcript for WS2 Jurisdiction Subgroup Meeting # 10 | 21 November

[MSSI Secretariat]

Hello all,

The notes, recordings and transcripts for CCWG Accountability WS2 Jurisdiction Subgroup Meeting #10 – 21 November 2016 will be available here:  https://community.icann.org/x/pJDDAw

A copy of the action items and notes may be found below.

Thank you.

With kind regards,
Brenda Brewer
MSSI Projects & Operations Assistant
ICANN - Internet Corporation for Assigned Names and Numbers

Action items:

  *   Milton and CW to draft a few questions for review by the group.
  *   Everyone to go to our 2 Documents.

Notes  (including relevant parts of chat):
1. Welcome Back - Vinay Kesari
2.Setting the Scene - Vinay Kesari
Kavouss Arasteh: I am not optimistic of the results we can achieve here - did not understand the introduction. We are widening the subject instead of focusing.
Vinay Kesari: Agree with KA - we need to focus on our core task without removing any possible outcomes.
Greg Shatan: Agree. We do not need to identify solutions to problems that have not been identified.
Note: discussions surrounding Jorge Cancio’s suggestion of a consultation/questionnaire generated most of the traffic in the chat and this should be read in conjunction with these notes.
3.Work Plan
Greg Shatan: will have to redo after this meeting. It seems early for a public consultation.
Vidushi Marda: I am new to the group - where are we vs jurisdiction of incorporation.
Greg Shatan: best to catch up reading transcripts and the email lists. Jurisdiction of incorporation is not off the table but we have agreed to only consider it if it comes up as the only solution to a given issue.
Jorge Cancio: I was proposing a fact finding exercise especially those who have contracts or those who could be considered materially harmed.
Greg Shatan: We need more factual information from concerned parties. We need to get a small group working on the list to begin designing this.
David McAuley: This should be about getting facts and not opinions.
Tijani Ben Jemaa: what are the points we have difficulty to get to consensus on.
Greg Shatan: I see it differently - this is about getting factual information from users.
Kavouss Arasteh: I have no idea what is a stress test and was not very useful in WS1. What surveys, about what, why? Few people would reply to what I understand what we are talking about - this is not what we have said we would work on. We need to focus on applicability of jurisdiction of contracts.
Greg Shatan: We are not looking for legal opinions or theories. What we are discussing is getting real facts from contracted parties - things that have happened. It is in our mandate to get facts.
Kavouss Arasteh: you are focusing on the past - under the new rules there may be new issues.
Greg Shatan: KA this is certainly not the objective - but we could really use facts from the past.
Vinay Kesari: Agree with GS. We only know information that is public. The questions would allow us to possibly identify facts that are not currently in the public domain.
Greg Shatan: temperature check on doing the questionnaire - general support for it. Could we have volunteers to prepare the questions in the chat. We would need a draft for Monday - CW, MM - this is our drafting group which will return the questions to this group with their draft.
4.Document and Discussion: “The Influence of ICANN’s Existing Jurisdictions (Governing Law and Venue) Relating to Resolution of Disputes”
Greg Shatan: we need to get back to working on these documents.  especially focused on Disputes involving ICANN
5.Document and Discussion: “Multiple Layers of Jurisdiction”
Greg Shatan: needs further review and comments from all participants.
6.Suggestion: Reading List
Greg Shatan: We should set up a reading list on our Wiki.
Kavouss Arasteh: What do we mean by influence?
Andrea Brambilla: (govt of Canada) supports the request for a questionnaire. All the work of WS1 is based on current ICANN jurisdiction and this should not be disturbed - it is more important to reinforce accountability.
7.Possible Use of Experts
Greg Shatan: refers to the use of legal. If we have questions we need to submit these to the legal comm. but we are not there yet.
8.AOB
Greg Shatan: Any other business? (none).
9.   Adjourn
        Greg Shatan: Adjourned.

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