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

Mon Oct 16 16:30:44 UTC 2017

On Monday 16 October 2017 09:13 PM, Mueller, Milton L wrote:
>
> This is a disappointing statement, but it needs to be understood that
> this is a dissent from a tiny minority whose ideas were not accepted
> because they were unrealistic and unattainable.
>
>  
>
> It was already known that proposals for an intergovernmental
> organization governed by some as-yet-nonexistent form of international
> law had support from only two or three people, and overwhelmingly
> strong opposition from everyone else.
>

Milton

Can you point me to such a proposal in the sub-group's proceedings
having been seriously presented and discussed? I myself did not see it.
Or are you on the job of creating straw-men!

> And it was also clear that petitioning the Trump administration and a
> Republican Congress for an act of Congress granting ICANN immunity
> would be a blunder of unprecedented magnitude that would achieve
> exactly the opposite of the proponents’ stated objectives. 
>

You often speak about intellectual honesty. Let me take you up on it: 
is your problem only about what Trump admin will do with a
"jurisdictional immunity for ICANN"  proposal? Were you really ready for
it before Trump came to power, and when he will not be in power? I hope
you do not run away and actually answer these questions.

parminder

>  
>
> While a small minority was wasting time on a futile attempt to turn
> the clock back to 1997, the rest of us were confronting real,
> practical jurisdictional issues. We came up with tangible progress on
> OFAC and choice of law. These recommendations enjoy overwhelming
> consensus. Thus, I do not see that this dissent causes any problems.
> Let them display their petulance and in Abu Dhabi  we can discuss and
> debate it as needed to expose their fallacies and move on.
>
>  
>
> Dr. Milton Mueller
>
> Professor, School of Public Policy
>
> Georgia Institute of Technology
>
>  
>
> IGP_logo_gold block_email sig <http://www.internetgovernance.org/>
>
>  
>
>  
>
>  
>
>  
>
> *From:*ws2-jurisdiction-bounces at icann.org
> [mailto:ws2-jurisdiction-bounces at icann.org] *On Behalf Of *Thiago Braz
> Jardim Oliveira
> *Sent:* Saturday, October 14, 2017 9:14 PM
> *To:* 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:* [Ws2-jurisdiction] 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
> <mailto: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
> <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
>
> 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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