[CCWG-ACCT] [Ws2-jurisdiction] Jurisdiction Subgroup. Draft Report. Statement of Brazil. Annex. To be annexed to the draft report. For consideration by the CCWG.

Paul Rosenzweig paul.rosenzweig at redbranchconsulting.com
Sun Oct 15 22:20:44 UTC 2017

There is much that can be said in response to these submissions - including
the substantive corrections that has been offered by Greg, which I endorse
completely.  Any suggestion that the subgroup report is the product of an
"incorrect census-level designation made by the Chair" is false as to fact
and the suggestion should be withdrawn.


At this point, however, the only other thing that needs saying is that the
views of Parminder and the Brazilian government were extensively discussed
in the subgroup and never garnered majority support (much less support
approaching consensus).  As such, the dissenting views of the minority are
just that - minority views reflecting the opinion of a small dissatisfied
group of dissenters.


The subgroup was open to participation from everyone in the ICANN community
and it did reach consensus on the two issues presented, which I commend to
the favorable attention of the plenary.




Paul Rosenzweig

 <mailto:paul.rosenzweig at redbranchconsulting.com>
paul.rosenzweig at redbranchconsulting.com

O: +1 (202) 547-0660

M: +1 (202) 329-9650

VOIP: +1 (202) 738-1739

 <http://www.redbranchconsulting.com/> www.redbranchconsulting.com

My PGP Key:


From: accountability-cross-community-bounces at icann.org
[mailto:accountability-cross-community-bounces at icann.org] On Behalf Of
Sent: Sunday, October 15, 2017 2:22 PM
To: Thiago Braz Jardim Oliveira <thiago.jardim at itamaraty.gov.br>;
accountability-cross-community at icann.org
Cc: acct-staff at icann.org; gac at icann.org; GAC <gac at gac.icann.org>;
ws2-jurisdiction <ws2-jurisdiction at icann.org>
Subject: Re: [CCWG-ACCT] [Ws2-jurisdiction] Jurisdiction Subgroup. Draft
Report. Statement of Brazil. Annex. To be annexed to the draft report. For
consideration by the CCWG.


Dear All

I fully support the excellent "statement of Brazil", which makes the
required point very well. The sub-group should consider the draft
recommendations made in the statement. In default, the CCWG should directly
consider them.

My own dissenting opinion is enclosed. It is in two parts, part 1 is about
what was the group's mandate to do but it failed to do. This part first
expresses support to Brazil's statement, and then makes additional points,
detailing how there has been a miscarriage of due process, and thus
justifying why Brazil's draft recs must be considered, in the required
elaborate manner. Part one is enclosed herewith.

Part two will present  some comments on and disagreements with regard to the
two sets of draft recs that have been submitted on the sub-group's behalf. I
am still to write them, so allow me to submit them in the next 12 hours,
which will still be the weekend in some parts of the world, and thus within
the deadline I hope.

Best regards, parminder 


On Sunday 15 October 2017 06:43 AM, Thiago Braz Jardim Oliveira wrote:

Dear all,


On behalf of the Brazilian Government, I hereby submit the "Statement of
Brazil" and its annex, which are to be annexed to the draft report of the
jurisdiction subgroup, submitted on 11 October 2017, for consideration by
the CCWG plenary.


Best regards,







De: ws2-jurisdiction-bounces at icann.org
<mailto:ws2-jurisdiction-bounces at icann.org>
[ws2-jurisdiction-bounces at icann.org
<mailto:ws2-jurisdiction-bounces at icann.org> ] em nome de Greg Shatan
[gregshatanipc at gmail.com <mailto:gregshatanipc at gmail.com> ]
Enviado: quinta-feira, 12 de outubro de 2017 23:29
Para: accountability-cross-community at icann.org
<mailto:accountability-cross-community at icann.org> 
Cc: acct-staff at icann.org <mailto:acct-staff at icann.org> ; ws2-jurisdiction
Assunto: Re: [Ws2-jurisdiction] Jurisdiction Subgroup Draft Report for
CCWG-Accountability Plenary Review



One of the Subgroup members pointed out a minor editing error in the
document.  On pages 13-14, there were several mentions of the RAA, when in
fact the language quoted and discussed was from the ICANN Terms and
Conditions for Registrar Accreditation Application.  (The reference was
correct in the Executive Summary.)  This has now been fixed in the attached.




On Thu, Oct 12, 2017 at 10:10 PM, Greg Shatan <gregshatanipc at gmail.com
<mailto:gregshatanipc at gmail.com> > wrote:



Some minor formatting errors crept into the Report when it was converted
from Word to PDF.  A new PDF of the report is attached. I've checked each
page to confirm that the formatting errors were resolved.


Thank you to Jorge Cancio for catching this problem!




On Wed, Oct 11, 2017 at 7:53 PM, Greg Shatan <gregshatanipc at gmail.com
<mailto:gregshatanipc at gmail.com> > wrote:



I am pleased to submit the Draft Report from the Jurisdiction Subgroup for
consideration by the CCWG-Accountability Plenary.


It is my understanding that a minority viewpoint is expected to be
submitted.  In the interests of time, this will be submitted to the Plenary
separately from the Draft Report.


During the preparation of the OFAC Recommendation, the Subgroup considered
an email where a registrar declined to do business with a potential
reseller, based on the registrar's policy of not doing business with people
with Iranian passports.  The Subgroup also learned that this registrar,
which had been registering domains for a number of Iranian nationals,
refused to continue to do business with them.  The Subgroup has concluded
that, to the extent these instances are related to OFAC, the concerns raised
by these instances are adequately covered in the Recommendation already
without any additional changes.  This is not in any way a comment on the
validity of these particular concerns.  The Subgroup will consider creating
"stress tests" based on these scenarios.


I look forward to the Plenary's reading of the Draft Report.


Best regards,


Greg Shatan




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