[Ws2-jurisdiction] Question Presented

[Cheryl Langdon-Orr]

Agreed

On 9 Jun. 2017 05:52, "icannlists" <icannlists at winston.com> wrote:

> Thanks Paul R.
>
>
>
> Greg, I agree with this – mostly.  I do think it is worth noting in our
> final report that the issue of moving ICANN’s formation jurisdiction
> outside of California was discussed at great length by this group and there
> was no consensus to do so.  Otherwise, our report would look like we just
> assumed that California formation would remain but did not discuss it.
> That would not be accurate.
>
>
>
> Best,
>
> Paul M.
>
>
>
>
>
> *Paul D. McGrady Jr.*
>
> *Partner *
>
> *Chair, Trademark, Domain Names and Brand Enforcement Practice *
>
> Winston & Strawn LLP
> 35 W. Wacker Drive
> Chicago, IL 60601-9703
>
> D: +1 (312) 558-5963 <+1%20312-558-5963>
>
> F: +1 (312) 558-5700 <+1%20312-558-5700>
>
> Bio <http://www.winston.com/en/who-we-are/attorneys/mcgrady-paul-d.html>
>  | VCard <http://www.winston.com/vcards/996.vcf> | Email
> <pmcgrady at winston.com> | winston.com <http://www.winston.com>
>
> [image: Winston & Strawn LLP]
>
>
>
>
>
>
>
>
>
> *From:* ws2-jurisdiction-bounces at icann.org [mailto:ws2-jurisdiction-
> bounces at icann.org] *On Behalf Of *Paul Rosenzweig
> *Sent:* Thursday, June 08, 2017 2:13 PM
> *To:* 'Greg Shatan' <gregshatanipc at gmail.com>; 'ws2-jurisdiction' <
> ws2-jurisdiction at icann.org>
> *Cc:* acct-staff at icann.org
> *Subject:* Re: [Ws2-jurisdiction] Question Presented
>
>
>
> Hi Greg
>
>
>
> Per our discussion on the call today, I would suggest a slight amendment
> to this strawman proposal.  My take is that, as Avri suggested, the
> Subgroup should continue its work on the basis of an assumption that the
> jurisdiction of incorporation will remain unchanged and that our report to
> the Plenary will state that as an assumption (rather than, as David has
> suggested (and I would support) as a conclusion or recommendation).  This
> will enable us to work forward on real issues of accountability effects
> arising from incorporation and move past the endless recircling we are
> doing.
>
>
>
> The practical consequences of this choice would be to confine our
> discussion in two ways.  When a potential issue that effects accountability
> is raised (e.g. OFAC or in rem) it would not be a response to say “well, we
> are stuck with that because we are in California” but it would also no
> longer be a suitable response to say “we can eliminate that problem by
> moving to XXX”  Our work would, as I understand it, focus on the question
> of “can that problem be mitigated by the application of other aspects of
> California/US/contractual law” (that is law that assumes that incorporation
> is unchanged but, for example, admits of the possibility that ICANN might
> be able to contract around some problems).  I would support this approach,
> as did a majority of those on the call (maybe even everyone).
>
>
>
> Thus I would reformulate your submission to the Plenary as a report of
> what we have determined as the way forward – namely to assume that the
> place of incorporation will not change, but to make explicit the premise
> that our assumption is without prejudice to the issue being raised in some
> other broader forum.
>
>
>
> Cheers
>
> Paul
>
>
>
> Paul Rosenzweig
>
> paul.rosenzweig at redbranchconsulting.com
>
> O: +1 (202) 547-0660 <+1%20202-547-0660>
>
> M: +1 (202) 329-9650 <+1%20202-329-9650>
>
> VOIP: +1 (202) 738-1739 <+1%20202-738-1739>
>
> www.redbranchconsulting.com
>
> My PGP Key: https://keys.mailvelope.com/pks/lookup?op=get&search=
> 0x9A830097CA066684
>
>
>
> *From:* ws2-jurisdiction-bounces at icann.org [mailto:ws2-jurisdiction-
> bounces at icann.org <ws2-jurisdiction-bounces at icann.org>] *On Behalf Of *Greg
> Shatan
> *Sent:* Thursday, June 8, 2017 9:29 AM
> *To:* ws2-jurisdiction <ws2-jurisdiction at icann.org>
> *Cc:* acct-staff at icann.org
> *Subject:* [Ws2-jurisdiction] Question Presented
>
>
>
> Please see attached.
>
> ------------------------------
> The contents of this message may be privileged and confidential. If this
> message has been received in error, please delete it without reading it.
> Your receipt of this message is not intended to waive any applicable
> privilege. Please do not disseminate this message without the permission of
> the author. Any tax advice contained in this email was not intended to be
> used, and cannot be used, by you (or any other taxpayer) to avoid penalties
> under applicable tax laws and regulations.
>
>
> _______________________________________________
> Ws2-jurisdiction mailing list
> Ws2-jurisdiction at icann.org
> https://mm.icann.org/mailman/listinfo/ws2-jurisdiction
>
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/ws2-jurisdiction/attachments/20170609/da8a2f19/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 2044 bytes
Desc: not available
URL: <http://mm.icann.org/pipermail/ws2-jurisdiction/attachments/20170609/da8a2f19/image001.jpg>