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

Sun Oct 15 22:33:55 UTC 2017

Concur with Paul.

On Sun, Oct 15, 2017, 5:22 PM Paul Rosenzweig <
paul.rosenzweig at redbranchconsulting.com> wrote:

> +1  It is time, and past time, for this subgroup to conclude its work.
>
>
>
> Paul Rosenzweig
>
> paul.rosenzweig at redbranchconsulting.com
>
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>
> *From:* accountability-cross-community-bounces at icann.org [mailto:
> accountability-cross-community-bounces at icann.org] *On Behalf Of *Raphaël
> BEAUREGARD-LACROIX
> *Sent:* Sunday, October 15, 2017 9:11 AM
> *To:* <Jorge.Cancio at bakom.admin.ch> <Jorge.Cancio at bakom.admin.ch>
> *Cc:* accountability-cross-community at icann.org; gac at icann.org;
> gac at gac.icann.org; acct-staff at icann.org; ws2-jurisdiction <
> ws2-jurisdiction at icann.org>
> *Subject:* Re: [CCWG-ACCT] [GAC] Jurisdiction Subgroup. Draft Report.
> Statement of Brazil. Annex. To be annexed to the draft report. For
> consideration by the CCWG.
>
>
>
> Dear all,
>
>
>
> The way I see it is that we were as individual members responsible to
> bring up issues and to come up with draft recommendations on that basis.
>
>
>
> Quoting the Brazilian submission :
>
>
>
> *"many views and contributions made during the process – including in some
> cases our own – were systematically disregarded or ignored, with no effort
> being made to build consensus and bridge differences with respect to these
> views and contributions."*
>
>
>
> This statement is, in my view, valid only to the extent that it falls with
> the Rapporteur of the subgroup to turn *all *(and I would add here,
> "systematically" all) issues raised into draft recommendations. That is not
> my understanding of the work of a Rapporteur, nor does it seem to be
> Greg's, in this instance.
>
>
>
> As Jorge points out, we have had a few inconclusive discussions on several
> topics and I do not think that anyone here is under a duty to write up a
> draft recommendation on the basis of an inconclusive discussion.
>
>
>
> Rather, if some members of this subgroup perceive that consensus can be
> reached on a specific issue, it is up to them to present a draft
> recommendation to the subgroup, or at least to take the necessary measures
> to start some work on that. This was not done within the time limit set, it
> is unfortunate indeed, but we were all in the same boat on that.
>
>
>
> That is my understanding, which does not seem to be shared by everyone.
> Maybe a clarification on that matter is warranted, would it be only for the
> sake of future work under that format.
>
>
>
> As for what is to be done with this submission, I do not have a strong
> preference for a specific solution, although leaving it as is does not seem
> to be the most appropriate thing to do at this point, given its level of
> "contentiousness"
>
>
>
> Best,
>
>
>
> Raphael
>
>
>
>
>
>
>
>
>
> 2017-10-15 14:22 GMT+02:00 <Jorge.Cancio at bakom.admin.ch>:
>
> Dear Thiago, dear all,
>
> Thanks for these comments.
>
> Personally I'm a bit unclear why some of the issues identified as such by
> members of the Jurisdiction Subgroup (was it in August, when we lastly did
> so after being requested doing so?) did not receive the form of draft
> recommendations in the Subgroup.
>
> Regarding tailored or limited immunities (remembering how Thomas Rickert
> had described this when the scope was last discussed...), we had various
> debates on it  mainly on list that were rather inconclusive (the way I
> remember it).
>
> At the same time when we were asked to identify issues to be discussed, if
> my recollection is correct, Thiago presented an issue proposal... So I
> wonder why this did not get into the recommendation debate stage.
>
> With this I do not suggest to enter a lengthy procedural discussion.
>
> What I would suggest instead is that we request our Brazilian colleagues
> (and other potentially interested members) to recirculate the issue they
> had prepared some months ago in the Subgroup and adapt it to a
> recommendation format.
>
>  This would allow us to discuss the substance in a focused manner in the
> Subgroup and get back to the Plenary asap.
>
> In a way it would be unfair to all of us not to hold this "final"
> discussion on this subject after having been presented repeatedly in the
> CCWG and the Subgroup, when we are still on time (very late I know, but
> with room to do so).
>
> hope this helps
>
> kind regards
>
> Jorge
>
>
> ________________________________
>
> Von: Thiago Braz Jardim Oliveira <thiago.jardim at itamaraty.gov.br>
> Datum: 15. Oktober 2017 um 03:15:05 MESZ
> An: accountability-cross-community at icann.org <
> accountability-cross-community at icann.org>
> Cc: ws2-jurisdiction <ws2-jurisdiction at icann.org>, acct-staff at icann.org <
> acct-staff at icann.org>, gac at icann.org <gac at icann.org>, GAC <
> gac at gac.icann.org>
> Betreff: [GAC] Jurisdiction Subgroup. Draft Report. Statement of Brazil.
> Annex. To be annexed to the draft report. For consideration by the CCWG.
>
>
> 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,
>
> Thiago
>
>
>
> ________________________________
> De: ws2-jurisdiction-bounces at icann.org [ws2-jurisdiction-bounces at icann.org]
> em nome de Greg Shatan [gregshatanipc at gmail.com]
> Enviado: quinta-feira, 12 de outubro de 2017 23:29
> Para: accountability-cross-community at icann.org
> Cc: acct-staff at icann.org; ws2-jurisdiction
> Assunto: Re: [Ws2-jurisdiction] Jurisdiction Subgroup Draft Report for
> CCWG-Accountability Plenary Review
>
> All,
>
> 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.
>
> Greg
>
> On Thu, Oct 12, 2017 at 10:10 PM, Greg Shatan <gregshatanipc at gmail.com
> <mailto:gregshatanipc at gmail.com>> wrote:
> All,
>
> 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!
>
> Greg
>
> On Wed, Oct 11, 2017 at 7:53 PM, Greg Shatan <gregshatanipc at gmail.com
> <mailto:gregshatanipc at gmail.com>> wrote:
> All,
>
> 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
> Rapporteur
>
>
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> --
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> Raphaël Beauregard-Lacroix
>
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