[Ws2-jurisdiction] RES: mandate re ccTLD issues

[Thiago Braz Jardim Oliveira]

Dear Thomas,

Could you please explain why a << recommendation that ICANN obtain immunity from US jurisdiction in respect of its ccTLD management activities >> "steps over" whatever line there is related to ccNSO's prerogatives?

I'm convinced it does not, and I think I have explained the reasons why (and how) that is so, as well as offered concrete proposals for a recommendation on this ccTLD issue that respects the prerogatives of the ccNSO (for example, see here: http://mm.icann.org/pipermail/ws2-jurisdiction/2017-August/001441.html and here: http://mm.icann.org/pipermail/ws2-jurisdiction/2017-August/001496.html ).

It would be helpful if you could respond to the e-mails I linked above.

Thank you.

Best,

Thiago



-----Mensagem original-----
De: ws2-jurisdiction-bounces at icann.org [mailto:ws2-jurisdiction-bounces at icann.org] Em nome de Thomas Rickert
Enviada em: quarta-feira, 6 de setembro de 2017 04:17
Para: ws2-jurisdiction at icann.org
Cc: Thomas Rickert
Assunto: [Ws2-jurisdiction] mandate re ccTLD issues

Dear all,

there has been quite some discussion about whether or not ccTLD delegations and redelegations (Nigel, I know it is technically not a relegation :-)) should be worked on as issues for the jurisdiction sub team.

This is a particularly sensitive issue for different reasons. 

Not all ccTLD operators are part of the ccNSO and therefore ICANN, let alone our group,and we cannot establish rules for disputes that affect those ccTLDs. 

Further, when we worked on the “judiciary building block“ in our accountability system, we explicitly limited our work to issues not related to ccTLD (re)delegations. Therefore, we made it part of our recommendations that the ccNSO would develop a policy for this.. 

ccNSO representatives have made it abundantly clear that we must not step over this line and try to impose on them. We could check with the ccNSO leadership, but given the discussions at the time I strongly believe that the ccNSO’s support for WS1 recommendations was based on this very demarcation in our recommendations.

In addition to that, one of our main principles for WS2 is not to undo work that has been done in WS1. Working on (re)delegation issues for ccTLDs would violate that rule. 

I hope this helps.

Best,

Thomas