[Ws2-hr] Proposed agenda + documents meeting October 11 - 19:00 UTC​

[Greg Shatan]

David,

I wouldn't say that there was any agreement that something more succinct
than your email was needed.  We haven't really discussed that point with
any granularity.  There was a thought expressed that a more succinct
definition might be useful, but not to the exclusion of a more lengthy
description or discussion.  Given the importance of the term applicable law
in the Bylaw, I think that both will be needed, and both of your
contributions will be useful in that regard.

Greg

On Tue, Oct 11, 2016 at 9:10 AM, McAuley, David <dmcauley at verisign.com>
wrote:

> Thank you Niels.
>
> And many thanks to the drafting team of Greg, Jorge, Matthew, and Tatiana
> who have labored long and hard  - and at incredible hours of the day and
> night – on the draft work in progress that is on the agenda.
>
> In that document those four grappled with the term “applicable law” (among
> many other things) and agreed that something more succinct was needed than
> my e-mail on the subject provided.
>
> I agree – I wrote that e-mail without fully appreciating that a definition
> was needed – instead I meant to offer a more detailed explanation of a
> comment I made on our last call.
>
> So here is a boiled down version of what I wrote that maybe could help the
> drafting team (noting that nothing is final yet):
>
> The term “applicable law” as used in this context refers to that body of
> law that binds ICANN at any given time and in any given circumstance. It
> may be statutes, rules, regulations and the like, as well as decisional
> orders/rulings of courts having appropriate jurisdiction, that take effect
> through the power of a legitimate governmental entity. “Applicable law” is
> changeable over time and can work disparate impacts around the world. While
> the concept of “applicable law” eludes cataloguing it is ascertainable in
> the context of a specific question or issue.
>
> David
>
> David McAuley
> International Policy Manager
> Verisign Inc.
> 703-948-4154
>
> -----Original Message-----
> From: ws2-hr-bounces at icann.org [mailto:ws2-hr-bounces at icann.org] On
> Behalf Of Niels ten Oever
> Sent: Tuesday, October 11, 2016 5:06 AM
> To: ws2-hr at icann.org
> Subject: Re: [Ws2-hr] Proposed agenda + documents meeting October 11 -
> 19:00 UTC​
>
> Pardon me, I forgot to attach the slides for tonights call, please find
> them attached now, as well as the (work in progress) drafting team document.
>
> Best,
>
> Niels
>
> On 10/11/2016 11:00 AM, Niels ten Oever wrote:
> > Dear all,
> >
> > I hope this email finds you well. Please find underneath the proposed
> > agenda for the call of our subgroup on 11 October 19:00 UTC.
> >
> > Please find also attached the proposed slides as well as the document
> > the Drafting Team consisting of Greg, Tatiana, Matt and Jorge, have
> > been working on this week. You can also find that document here:
> >
> > https://docs.google.com/document/d/1XFmkzSFh4CuVR7uWWh6-ZUNii4iVd-jQwx
> > 9eZ01CGFw/edit
> >
> > All your comments and suggestions are of course very welcome.
> >
> > 1. Administrivia
> > Roll call, absentees, SoIs, etc
> > 2. Analysis and discussion of proposed definition of applicable law by
> > David McAuley 3. Analysis and discussion on new draft FoI document
> > produced by Drafting Team 4. AOB
> >
> > I'm greatly looking forward to see you all on the call.
> >
> > Best,
> >
> > Niels
> >
> >
> >
> >
> > _______________________________________________
> > Ws2-hr mailing list
> > Ws2-hr at icann.org
> > https://mm.icann.org/mailman/listinfo/ws2-hr
> >
>
> --
> Niels ten Oever
> Head of Digital
>
> Article 19
> www.article19.org
>
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