[Ws2-jurisdiction] FOR YOUR REVIEW: Revisions-in-Process version of Jurisdiction Subgroup Report

[Greg Shatan]

All,

I have attached Word and PDF versions of the revisions-in-process version
of the Jurisdiction Subgroup Report.  This draft is also available as a
Google Doc at
https://docs.google.com/document/d/1rdMJyvZdyN9TApT6gx_3NwpdvIL7YKHEUD7tNfLf6hU/edit?usp=sharing

 This draft reflects changes to the consensus of the Subgroup’s Draft
Report based on the Subgroup’s review and discussion of the Public
Comments.  I would like to draw your attention particularly to the
following items:

1.  *Consensus Check Needed on Recommending a Method of Choosing Governing
Law.  *On the February 7 Subgroup call, there was considerable support for
changing the consensus on how the “choice of law” would be chosen from the
menu.  In the Comment Draft, the Subgroup mentioned both having the
registry (or the registrar) choose the governing law and having the choice
of governing law be subject to negotiation, without expressing a preference
for either.  On the Subgroup call, there was support for recommending that
the registry (or the registrar) choose the governing law, and stating
expressly that it would not be negotiated with ICANN.  *It is important to
see if we have a new consensus among the Subgroup members, not just those
on the call, since the call was lightly attended.   A*ny “recommendation”
by this Subgroup on this issue will be advisory only and not truly a
recommendation (i.e., one that if approved by the Chartering Orgs and the
Board, must be put in place), since amendments to the base agreements are
governed by a separate process.  *If we adopt this new approach, the marked
proposed changes on pages 5, 20, 21 and 25 would be accepted.  If not,
these changes would not be adopted.  (For your convenience, there is a
comment attached to each of these proposed changes.)*

2. *Proposed Language Needed from NCSG on change to OFAC General License
Recommendation.  *On the February 7 Subgroup call, there was discussion of
the NCSG’s comment on the recommendation relating to OFAC general licenses,
which suggested changing the consensus language on this point to a firmer
approach.  Since we were coming to the end of the call, and the NCSG
comment did not suggest exact edits to the current language, a request was
made to the NCSG representatives on the call that a proposed revision be
circulated so that the Subgroup could have a more concrete discussion of
the proposed change.  It would be very helpful to have this new language
ASAP.  If none is forthcoming, I will try my best to come up with a
proposed revision this recommendation before the call.

3. *Summary of Subgroup’s Latest Work added to “Background” Section  (page
11).  *The summary of work in the public comment draft necessary ended
before the draft was completed by the Subgroup for submission to the
Plenary.  I have now added proposed language describing events since that
time, particularly the submission of the dissenting opinion by the
Government of Brazil, the approval of the Report by the Plenary, the Public
Comment period, the receipt of Comments, and the Subgroup’s consideration
of the Comments.

While there are other proposed changes in the document, I believe these are
the most significant.

We will go over these points in our upcoming call and, hopefully, complete
our “second reading” of the Comments as well, including any changes to the
Subgroup’s consensus requiring revisions to the Report.

I look forward to our call.

Best regards,

Greg
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