[Ws2-jurisdiction] RES: Proposed Final OFAC Recommendation for Plenary

[Paul Rosenzweig]

Naturally, this footnote is note descriptive but argumentative.  If you want to be descriptive the final clause should read:

Several participants of the Subgroup [delete: expressly recognize] [insert: contend] that the country where ICANN is incorporated is in a unique position to enforce its sanctions regime against ICANN’s DNS management, which take place in that country’s territory and are subject to that country’s territorial sovereignty, notably its exclusive enforcement jurisdiction. [Insert:  Other participants in the Subgroup disagree with that contention and do not think that the country of incorporation is in a unique position to enforce sanctions against ICANN.]

P

Paul Rosenzweig
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-----Original Message-----
From: ws2-jurisdiction-bounces at icann.org [mailto:ws2-jurisdiction-bounces at icann.org] On Behalf Of Thiago Braz Jardim Oliveira
Sent: Wednesday, September 20, 2017 4:24 PM
To: 'Greg Shatan' <gregshatanipc at gmail.com>; ws2-jurisdiction <ws2-jurisdiction at icann.org>
Subject: [Ws2-jurisdiction] RES: Proposed Final OFAC Recommendation for Plenary

Dear Greg,
Dear All,

The version attached contains an amendment to footnote 5 (at p. 2), which, as it was intended to be descriptive, should now better reflect the different views expressed within the subgroup. Thank you.

Best,

Thiago



-----Mensagem original-----
De: ws2-jurisdiction-bounces at icann.org [mailto:ws2-jurisdiction-bounces at icann.org] Em nome de Greg Shatan Enviada em: quarta-feira, 20 de setembro de 2017 02:18
Para: ws2-jurisdiction
Assunto: [Ws2-jurisdiction] Proposed Final OFAC Recommendation for Plenary

As discussed on Monday's call, the plan is to submit the OFAC Recommendation for consideration by the Plenary in next week's call.  The document deadline for next week's plenary is 23:59 UTC on Wednesday, September 20.  

As promised on Monday's call, I revised the draft recommendation in Google Docs to reflect the discussions on the call and then circulated PDF and Word copies to the list for review and comment.  I received comments from Milton Mueller on the list, which were consistent with the Monday call, and the draft has been updated with these comments.

I am attaching PDF and Word copies of the latest version of the OFAC Recommendation, which I believe is very close to final form.  I have included a clean copy of the proposed final version, and a version with track changes, showing the changes to the pre-call version of the Recommendations.  IF you want to read the Recommendation, I think the clean version is much easier to follow.  The track changes version is useful if you want to see what changes are made.

So that we may have a Google Doc that shows the proposed final OFAC Recommendation as it will be submitted (i.e., without revisions and comments), I have created a new Google Doc, which I encourage you all to read over one more time before it goes to the plenary.   The link is:
 https://docs.google.com/document/d/1xLDx7IevK2s7yQ1naD3cjnlPGnO7oPrRUN61RKEesFc/edit?usp=sharing

The marked-up version and all prior drafts are still available at the link previously circulated.

If there are any further refinements, corrections, etc., please put them into new, clean version on Google Docs, or add them to the clean document attached here and send it back to the list.

Thanks!

Greg