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

parminder parminder at itforchange.net
Mon Oct 16 07:39:35 UTC 2017

Dear All

Enclosed is the complete document of my dissenting opinion, which now
includes part 2 as well (with some modifications in part 1) as a single
document. Please ignore the earlier submitted document.

This is for CCWG's consideration. Also for jurisdiction sub-group,
assuming that it continues to function.

Best regards


On Sunday 15 October 2017 11:51 PM, parminder wrote:
> 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,
>> 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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