[CCWG-ACCT] Notes, recordings and transcript for WS2 Jurisdiction Subgroup Meeting # 24 | 28 March 2017

[MSSI Secretariat]

Hello all,

The notes, recordings and transcripts for CCWG Accountability WS2 Jurisdiction Subgroup Meeting #24 – 28 March 2017 will be available here:  https://community.icann.org/x/g67RAw
 A copy of the action items and notes may be found below.

With kind regards,
Brenda Brewer, Projects & Operations Assistant
Multistakeholder Strategy & Strategic Initiatives (MSSI)
Internet Corporation for Assigned Names and Numbers
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Action Items:

·         Staff-GS – Add Christopher Wilkinson to Questionnaire Review/Evaluation Team

·         Staff to create email address for Questionnaire Review/Evaluation Team

·         Staff-GS To send doodle poll to arrange for a meeting of the Questionnaire Review/Evaluation Team
Notes (includes relevant text from chat):
13 Participants at start of call
1.  Welcome
2.  Review of Agenda
Greg Shatan - (no objections)
3.  Administration
     a)    Changes to SOIs (none)
     b)   Questions to ICANN Legal – Status (awaiting response)
4.  Questionnaire Update
     a)    Status of current responses – no new responses
     b)   Questionnaire Review/Evaluation Team
                i)  Responsibilities
                    (1)  Updating the Subgroup on new responses and their status at each meeting
                    (2)  Proposing an evaluation framework for responses
                         (a)  Responses received will help guide creation of evaluation framework
Christopher Wilkinson - I responded but my name does not seem to have been accepted.
Greg Shatan - will add.
                         (b)  To be approved by the Subgroup
                ii)     Mail list to be created
                iii)    Meeting to be scheduled – Doodle poll to follow
5.  Review of ICANN’s Past and Current Litigation
      a)   Review of Sign-up sheet (document)
Greg Shatan - (no changes)
      b)  Review of Summary Sheet (document)
      c)   Review of Summaries
               i)   Verisign, Inc. v. ICANN V2 – MW
Mathieu Weill - (presentation of summary sheet). Did not feel comfortable filling in the "choice of law/gov. law" field.
Becky Burr - ICANN used to put in a choice of law claue in its contracts which it does not do anymore.
              ii)   State of AZ vs NTIA V2 - MW
Mathieu Weill - (presentation of summary sheet). Did not feel comfortable filling in the "choice of law/gov. law" field.
Greg Shatan - did the court rule on the jurisdiction argument (MW - no mention of it). Any questions? (none).

             iii)   Ben Haim v. Iran – MW
Mathieu Weill - (presentation of summary sheet). Did not feel comfortable filling in the "choice of law/gov. law" field.
Becky Burr: there was a long discussion in the cases regarding which attachment law (state) applied
Becky Burr: DC or California
Mathieu Weill: I'll check the case and extract the relevant parts
Becky Burr: not WOULD have, but potentially could have
Becky Burr: because the plaintiffs sought the attachment in DC
David McAuley (RySG): just getting wind of this discussion - in the case on screen I think coutrt applied DC law which is a tad unusual on attachment
Becky Burr: so the plaintiff controlled here
Becky Burr: yes, David, you and I are on the same wavelength
Greg Shatan -  should we add a field to the form about alternate jurisdictions.
Mathieu Weill - Do not think we should theorize about this - we just do our analysis and then look at statistics they yield.
Becky Burr: correct Mattieu
David McAuley (RySG): good point @Mathieu
Greg Shatan - Agree we should not do studies beyond what is provided in the materials.
6.  AOB
Greg Shatan - (none)
7.  Adjourn
Greg Shatan - Adjourned.
Decisions (none)


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