[Ws2-jurisdiction] Mandate and Scope of Jurisdiction Subgroup will be on Tuesday's Agenda
Thiago Braz Jardim Oliveira
thiago.jardim at itamaraty.gov.br
Mon Jun 5 14:46:52 UTC 2017
Dear Greg,
I'm not sure there is a need to come back to discussions we already had on the Subgroup's mandate (and in fact I saw no one else proposing this, at least not before you included it yourself as an item in our agenda).
An illustration that there is no such a need is that we will be discussing substantive issues in our upcoming calls, which the Subgroup agreed to as it had no difficulty in seeing them as within our mandate: the impact of OFAC sanctions in ICANN's operations, for example, and the ability of US courts to interfere with the allocation of ccTLDs (upon a suggestion by Tatiana Tropina, which others and I seconded, and which encountered no objection from within the Subgroup as I understand).
Jorge's proposed approach is very sensible, I believe is in line with what the Subgroup said it'd be doing in our upcoming calls, and I fully support it. Perhaps only where "there would be a question of in/out scope" "vis-à-vis a given case", as identified and supported by a reasonable portion of the Subgroup, should we come back to the mandate discussion for specific guidance. But again, the mandate is set out in the foundational documents and we all have had an opportunity to read them.
Best,
Thiago
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De: ws2-jurisdiction-bounces at icann.org [mailto:ws2-jurisdiction-bounces at icann.org] Em nome de ws2-jurisdiction-request at icann.org
Enviada em: segunda-feira, 5 de junho de 2017 09:00
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Assunto: Ws2-jurisdiction Digest, Vol 12, Issue 3
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Today's Topics:
1. Mandate and Scope of Jurisdiction Subgroup will be on
Tuesday's Agenda (Greg Shatan)
2. Re: Mandate and Scope of Jurisdiction Subgroup will be on
Tuesday's Agenda (Jorge.Cancio at bakom.admin.ch)
3. Re: Mandate and Scope of Jurisdiction Subgroup will be on
Tuesday's Agenda (Kavouss Arasteh)
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Message: 1
Date: Sun, 04 Jun 2017 21:39:25 +0000
From: Greg Shatan <gregshatanipc at gmail.com>
To: ws2-jurisdiction <ws2-jurisdiction at icann.org>
Subject: [Ws2-jurisdiction] Mandate and Scope of Jurisdiction Subgroup
will be on Tuesday's Agenda
Message-ID:
<CA+aOHUSKwbzuxXL-F1riN4j8SVjZhVWUsDmEYBLrYaAVKHtqKA at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"
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
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Message: 2
Date: Mon, 5 Jun 2017 06:41:06 +0000
From: <Jorge.Cancio at bakom.admin.ch>
To: <ws2-jurisdiction at icann.org>, <gregshatanipc at gmail.com>
Subject: Re: [Ws2-jurisdiction] Mandate and Scope of Jurisdiction
Subgroup will be on Tuesday's Agenda
Message-ID:
<AB0B03BAA04C59408DBA5398AFB3B5200D29C434 at SB00108A.adb.intra.admin.ch>
Content-Type: text/plain; charset="us-ascii"
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
------------------------------
Message: 3
Date: Mon, 5 Jun 2017 12:46:45 +0200
From: Kavouss Arasteh <kavouss.arasteh at gmail.com>
To: "<Jorge.Cancio at bakom.admin.ch>" <Jorge.Cancio at bakom.admin.ch>
Cc: ws2-jurisdiction <ws2-jurisdiction at icann.org>
Subject: Re: [Ws2-jurisdiction] Mandate and Scope of Jurisdiction
Subgroup will be on Tuesday's Agenda
Message-ID:
<CACNR4-K83Wk2CgdGLVXcgA9nQQzbCxi4G=50xzXbqU5fxLUWEg at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"
Dear Greg,
In the last call , you undertook to produce a document addressing OFAC.
This fundamental and crucial .
Pls kindly refrain to provide your personal views ; which has been always respected as the views of individual and not the rapporteur, I am not convinced with the views that you and one of CCWG members provided few months ago.
ICANN must be away from any political motivation. Domain name is Natural and mankind resources and does not belong to any state and must be used neutrally, efficiently, effectively and economivcal without any discrimination and any political motivation.
If that issue is not appropriately addressed we failed to fulfill our responsibility .
Blocking or removing a domain name is not admitted under any circumstances.
Regards
Kavouss
2017-06-05 8:41 GMT+02:00 <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
> _______________________________________________
> Ws2-jurisdiction mailing list
> Ws2-jurisdiction at icann.org
> https://mm.icann.org/mailman/listinfo/ws2-jurisdiction
>
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