[Ws2-jurisdiction] Recordings, DAIRs, Raw Caption Notes for Jurisdiction Subgroup Meeting #57 | 28 February 2018

[MSSI Secretariat]

Hello all,

Please find the recordings, Decisions, Action Items, Requests (DAIRs), and raw caption notes for CCWG Accountability WS2 Jurisdiction Subgroup Meeting #57 – 28 February 2018 posted at https://community.icann.org/x/vhK8B

The transcript will be posted on when it becomes available (usually in 3 to 5 business days after the call).

A copy of the DAIRs and raw caption notes may be found below.

Thank you.

With kind regards,
Brenda Brewer, Projects & Operations Assistant
Multistakeholder Strategy & Strategic Initiatives (MSSI)
Internet Corporation for Assigned Names and Numbers (ICANN)
[cid:image001.png at 01D3B0B1.56B81180]


Action Items:  none

Raw Captioning Notes
Disclaimer: This rough edit transcript, which may contain missing, misspelled or paraphrased words, is only provided for your immediate review and is not certified as verbatim and is not to be cited in any way.

  *   Word Doc<https://community.icann.org/download/attachments/79434430/CCWG-Accountability-WS2-Jurisdiction-Meeting-20180228-RawCaption.docx?version=1&modificationDate=1519855976155&api=v2>
  *   PDF<https://community.icann.org/download/attachments/79434430/CCWG-Accountability-WS2-Jurisdiction-Meeting-20180228-RawCaption.pdf?version=1&modificationDate=1519855987500&api=v2>

Decisions:

  *   Note 1
     *   Revised text added and moved to footnote, stating “In the future, if ICANN is subject to other similar sanctions (e.g., similar in scope, type and effect and with similar methods of relief for entities not specifically sanctioned), the spirit of these recommendations should guide ICANN’s approach.”
     *   Friendly amendment - Instead of saying "if ICANN is subject to similar sanctions", I believe it would be more appropriate to say "if ICANN's activities are affected by similar sanctions”.
     *   Agreed with friendly amendment


  *   Note 2
     *   The Report has been changed to recommend that the Registry (or Registrar) choose from among the choice of law options on the “menu,” i.e., the choice would not be negotiated with ICANN.
     *   Agreed


  *   Note 3
     *   This is a general note that section describing the work of the Subgroup after the draft was submitted to the plenary for the Abu Dhabi meeting has now been “accepted” into the document.
     *   Agreed


  *   Note 4
     *   In the “Overview of the Work of the Subgroup,” the following has been added:
        *   As a result of these discussions [in Abu Dhabi], the section “Further Discussions of Jurisdiction-Related Concerns” was added the draft Report, suggesting a path forward for these concerns beyond the CCWG-Accountability through a further other multistakeholder process.

     *   Agreed as amended in meeting per Thiago and Greg suggestions.


     *   Note 4.1
        *   This suggestion has evolved somewhat. Thiago earlier suggested that “Comments by other countries in support for the further jurisdiction-related discussions, in particular immunities, should be specifically referenced."
        *   After further discussion, Thiago’s revised suggestion appears to be:
           *   Comments by other countries in support for the further jurisdiction-related discussions, in particular immunities, should be specifically referenced.
           *   it would be fair to also explicitly give similar satisfaction to the contrary voices
           *   These are not really contrary to Brazil’s dissent, which should be made explicit in the report as part of the subgroup’s response to the comments received.”
No change has been made to the Report based on this Note, as it is unclear what the level of support for this plan.  The Subgroup needs to determine if this addition should be made and if so, how.


  *   Concept agreement to some new words which will be suggested by GS.

·         Note 5

     *   This text is proposed to be added at the end of the recommendations on sanctions:
        *   When implementing each of the recommendations in this section, their utmost importance to ICANN in carrying out its mission and facilitating global access to DNS should be considered.  Taking into account this importance, the implementation phase should start as soon as possible, but in no event later than six months after approval by the ICANN Board.”
     *   Agreed

·         Note 6

        *   This is a general note that the Stress Tests have now been “accepted” into the Report document.
        *   Agreed.

·         Note 7

        *   A “friendly amendment” was made on last week’s call to Stress Test 1 in “Proposed Accountability Measures,” to clarify that any registrar’s ability to “accept domain registration requests from citizens of any country” is still “subject to limitations and obligations due to applicable law and registry restrictions.”
        *   Agreed without “and registry restrictions”.

Requests:

  *   GS will circulate draft final to list by 1800 UTC today and comments need to be provided ASAP as the deadline for submitting the final recommendations is Friday 2 March 2359 UTC.

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