[CCWG-ACCT] Notes-Recordings-Transcript links for CCWG ACCT Legal Committee Meeting on 17 November 2016

MSSI Secretariat mssi-secretariat at icann.org
Tue Nov 22 15:49:21 UTC 2016

Hello all,

The notes, recordings and transcripts for the CCWG ACCT Legal Committee Meeting on 17 November @ 16:00 UTC will be available here:  https://community.icann.org/x/N5HDAw

A copy of the notes may be found below.

Thank you.

Kind regards,
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).
Notes (including relevant portions of the chat)

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.

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.

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