[Ws2-jurisdiction] Question Presented

Matthew Shears matthew at intpolicy.com
Fri Jun 9 12:20:51 UTC 2017


Same +1


On 08/06/2017 23:29, Bartlett Morgan wrote:
> Also +1
>
> On Jun 8, 2017 4:33 PM, "Cheryl Langdon-Orr" <langdonorr at gmail.com 
> <mailto:langdonorr at gmail.com>> wrote:
>
>     Agreed
>
>     On 9 Jun. 2017 05:52, "icannlists" <icannlists at winston.com
>     <mailto: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
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>         *From:* ws2-jurisdiction-bounces at icann.org
>         <mailto:ws2-jurisdiction-bounces at icann.org>
>         [mailto: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
>         <mailto:gregshatanipc at gmail.com>>; 'ws2-jurisdiction'
>         <ws2-jurisdiction at icann.org <mailto:ws2-jurisdiction at icann.org>>
>         *Cc:* acct-staff at icann.org <mailto: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
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>
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>         VOIP: +1 (202) 738-1739 <tel:+1%20202-738-1739>
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>
>         *From:* ws2-jurisdiction-bounces at icann.org
>         <mailto:ws2-jurisdiction-bounces at icann.org>
>         [mailto:ws2-jurisdiction-bounces at icann.org
>         <mailto: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
>         <mailto:ws2-jurisdiction at icann.org>>
>         *Cc:* acct-staff at icann.org <mailto:acct-staff at icann.org>
>         *Subject:* [Ws2-jurisdiction] Question Presented
>
>         Please see attached.
>
>
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Matthew Shears
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+447712472987
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