[Ws2-jurisdiction] Mandate and Scope of Jurisdiction Subgroup will be on Tuesday's Agenda

[Jorge.Cancio at bakom.admin.ch]

Dear Greg,

I have a calendar invite for Thursday (not Tuesday).

In any case, either Tuesday or Thursday I need to apologize because I'll be tied in meetings in Tallinn (Eurodig and EU).

As to the mandate and scope: please note my position that we need to stick to the mandate given to the CCWG ws2 by the chartering organizations.

The decision whether something is in or out of scope should be based on that mandate, should be considered in light of the specific facts of the case, and should be decided prima facie by the CCWG plenary...

The Subgroup may reach ex-post i.e. case by case its own understanding v-a-v a given case where there would be a question of in/out scope, but I don't think we should lose time on developing an ex-ante position of the Subgroup in general terms.

kind regards

Jorge




________________________________

Von: Greg Shatan <gregshatanipc at gmail.com>
Datum: 4. Juni 2017 um 23:40:05 MESZ
An: ws2-jurisdiction <ws2-jurisdiction at icann.org>
Betreff: [Ws2-jurisdiction] Mandate and Scope of Jurisdiction Subgroup will be on Tuesday's Agenda

All,

I wanted to provide advance notice that we will pick up the discussion of the Subgroup's Mandate and Scope on Tuesday's call, with the goal of settling the issue over this call and the next. After all, we need to know what our mandate is in order to know if we ar fulfilling it. Some notes:

1. It's not up to the Subgroup to define the Subgroup's mandate and Scope. This has been done in the foundational documents -- Charter. WS 1 Report and Transition Bylaw. What we need to do is clarify our understanding of that mandate and Scope.

2. As such, the foundational documents need to form both the basis and the boundary of any such clarification or proposal for clarification. These documents were excerpted in my "straw man" mandate document sent around in the last few weeks.

3. Mandate and Scope (defined in these documents) need to be distinguished from potential issues participants might raise. Such issues, by and large, are not mentioned in the foundational documents.

4. The Mandate and Scope will be used to determine if any potential issue is "in scope".

5. Discussions of the issue on the list in advance of the call will be most helpful, since the call is only an hour.

6. While some have said we have gone in circles on this issue, or avoided resolving it. The goal here and now is to avoid that fate, whatever the outcome might be.

Finally, I request broad participation on this issue, even if you have given up on this subject of discussion.

Thank you.

Greg