[CWG-Stewardship] Revised Draft Legal Scoping Document

Greg Shatan gregshatanipc at gmail.com
Mon Jan 19 16:36:16 UTC 2015


I think this question is out of scope for this request for legal advice,
which is aimed at advice on our prospective proposals, not advice on our
process. We are putting enough on the plate as it is.  I note your original
formulation of this suggested question:

1.      Does the membership and process of the CWG give rise to any
concerns or risks of collusion under anti-trust law, in view of the
commercial interests of the participants? This in any relevant jurisdiction.

Given the number of different stakeholder groups in the CWG, I don't
understand your reference to the "commercial interests of the
participants."  Only a portion of the stakeholders have commercial
interests, and these are varied and often in opposition to each other. As
such, collusion does not seem like a possibility.

Finally, since this is a question of general applicability to ICANN's
processes, I think this is a question for ICANN to deal with, if at all.

Best regards,


On Mon, Jan 19, 2015 at 10:52 AM, Christopher Wilkinson <
lists at christopherwilkinson.eu> wrote:

> With reference to point 10 (Anti-Trust) in the new draft, please note that
> this should refer to CWG itself and its sub-committees. Not only to CSC and
> MRT.
> Regards
> Christopher Wilkinson
> On 19 Jan 2015, at 09:26, Greg Shatan <gregshatanipc at gmail.com> wrote:
> This document has now been extensively revised.  Most earlier
> "suggestions" have been "accepted into the document.  A few have been left
> open for further consideration.  There are also a number of new changes and
> additions.  Please review as soon as possible, as i would like to put this
> document largely to rest by 20:00 UTC Tuesday.
> Here is the link.  Please make sure to make your changes in "suggesting"
> or "comments" mode, not "editing" mode. Thanks!
> https://docs.google.com/document/d/14CfnVwo4d3tIGyuFB2fyxqF0ycQ6uxo0rjlvtqhDyTU/edit?usp=sharing
> Thanks!
> Greg
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> CWG-Stewardship at icann.org
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