[Ws2-jurisdiction] Proposed Addition to Jurisdiction Subgroup Report

[Greg Shatan]

All,

Based on the discussions in the Plenary at ICANN 60, the following task was
decided:

   - Jurisdiction second reading of draft recommendations – Approved with 4
   objections but certain edits are required. These include the proposed text
   from Jorge Cancio with respect to continuing the jurisdiction discussions
   ​....


​Having reviewed the transcript, including Jorge's intervention, related
interventions by others, and Thomas's recapitulation​ of this point, I have
drafted the proposed language below (and also attached) to be added to the
Subgroup Report, most likely at the end of the Subgroup Report.


​I hope that this has captured the spirit of the discussion reasonably
well.​

Greg


*FURTHER DISCUSSIONS OF JURISDICTION-RELATED CONCERNS*

There were a number of concerns raised in the Subgroup where the Subgroup
had substantive discussions, but did not get to a point of conclusion.  As
an example, there were discussions of limited or partial immunity for ICANN
that did not come to conclusion.

These concerns were put on the table by different stakeholders, and for
these stakeholders, these are legitimate concerns.  As these concerns were
not discussed to the end, there should be a path forward for these concerns
beyond the CCWG-Accountability, which was tasked to look into a limited
number of issues within a limited period of time and with a limited budget.

Therefore, the Subgroup suggests that a further other multistakeholder
process of some kind should be considered to allow for further
consideration, and potentially resolution, of these concerns.  We believe
that this Report, with its annexes, can be a very useful tool for further
debates which will surely take place – whether in another
cross-constituency effort or in a future ATRT Review, or in some other
ICANN context.  The appropriate forum for such discussions is beyond the
mandate of the CCWG; however, we encourage the community to build on the
work of the Subgroup and prior work in this area.
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