[CCWG-ACCT] Responses to questions from Jones Day

Sun Feb 8 06:06:31 UTC 2015

I agree Becky. This work product is pure advocacy that ignores substantial portions of the statutes it claims to explain. It's actually quite remarkable in that way.

I only hope we are able to retain competent independent legal consultant to guide us in this work. I would classify the Jones Day document as no more than the representation of a  policy position of an interested party drafted by an attorney , not as anything I'd consider valid legal advice.

Sent from my iPad

> On Feb 8, 2015, at 5:03 AM, Burr, Becky <Becky.Burr at neustar.biz> wrote:
> 
> The questions and answers are interesting as advocacy but cannot be considered legal advice for our work
> 
> Sent from my iPad
> 
>> On Feb 8, 2015, at 12:19 PM, León Felipe Sánchez Ambía <leonfelipe at sanchez.mx> wrote:
>> 
>> Dear all,
>> 
>> Answering your questions:
>> 
>> Keith.- The questions were presented by the Co-Chairs at our Frankfut
>> meeting as a high-level first approach to what we should be focusing on
>> achieving. They were also discussed at the CCWG call of January 27.  We
>> then asked Staff to pass the questions through ICANN legal so they
>> referred this questions to Jones Day. The document are the responses
>> prepared by Kevin Espinola of Jones Day.  The goal was to get a very rapid
>> response on some basic questions the group wanted answers on.
>> 
>> Jordan.- I believe Adam has clarified where the questions came from and
>> how they got into Jones Day for response which is in line with what I have
>> replied to Keith.
>> 
>> Phil.- Nobody said this was the advice we are taking. Please see this
>> document as one more input document tat will feed our work, just as the
>> CWG legal document has fed it. This is NOT intended to be taken as the
>> legal advice we¹re looking for although in the end it might (or might not)
>> be compatible with what we need.
>> 
>> I hope this clarifies the doubts and concerns raised so far.
>> 
>> Best regards,
>> 
>> 
>> 
>> León
>> 
>>> El 08/02/2015, a las 12:05, Dr Eberhard W Lisse <el at lisse.NA> escribió:
>>> 
>>> Phil,
>>> 
>>> opinions of dependent lawyers are as interesting as the ones of
>>> independent ones :-)-O
>>> 
>>> el
>>> 
>>>> On 2015-02-08 11:48 , Jordan Carter wrote:
>>>> Phil, yes - the CCWG agreed with that in Frankfurt. It was felt it might
>>>> be helpful to understand the view of the company and its representatives
>>>> as well as an independent view, if I recall correctly.
>>>> Jordan
>>>> 
>>>> On 8 February 2015 at 11:36, Phil Corwin <psc at vlaw-dc.com
>>>> <mailto:psc at vlaw-dc.com>> wrote:
>>>> 
>>>>  Jones Day cannot be regarded as an objective and neutral source of
>>>>  legal advice or opinions on anything related to ICANN. Indeed, any
>>>>  statement made by Jones Day must be regarded as the views of ICANN,
>>>>  its long-standing client.
>>>> 
>>>>  Sent from my BlackBerry 10 smartphone.
>>>> 
>>>>  Philip S. Corwin, Founding Principal
>>>>  Virtualaw LLC
>>>>  1155 F Street, NW. Suite 1050
>>>>  Washington, DC 20004
>>>>  202-559-8597/Direct
>>>>  202-559-8750/Fax
>>>>  202-255-6172/Cell
>>>>  Twitter: @VLawDC
>>>> 
>>>>  "Luck is the residue of design" -- Branch Rickey
>>>>  *From: *Drazek, Keith
>>>>  *Sent: *Sunday, February 8, 2015 11:14 AM
>>>>  *To: *León Felipe Sánchez Ambía
>>>>  *Cc: *CCWG Accountability
>>>>  *Subject: *Re: [CCWG-ACCT] Responses to questions from Jones Day
>>>> 
>>>> 
>>>>  Leon, 
>>>> 
>>>>  Do I understand you correctly that Jones Day developed both the
>>>>  questions and the answers? Did the CCWG request this?
>>>> 
>>>>  Thanks,
>>>>  Keith
>>>> 
>>>>  Sent from my iPhone
>>>> 
>>>>  On Feb 8, 2015, at 10:18 AM, León Felipe Sánchez Ambía
>>>>  <leonfelipe at sanchez.mx <mailto:leonfelipe at sanchez.mx>> wrote:
>>>> 
>>>>>  Dear all,
>>>>> 
>>>>>  Please find attached the responses from Jones Day for questions
>>>>>  prepared by Kevin Espinola. I would like to ask you to please
>>>>>  review the document so we can further discuss it in our session
>>>>>  tomorrow.
>>>>> 
>>>>>  I would also like to remind the group that this is a first step
>>>>>  which runs parallel to what the legal sub-team is doing in
>>>>>  coordination with the CWG “legal client”. The aim is to have this
>>>>>  responses reviewed by the legal sub-team as well as by the larger
>>>>>  CCWG so we can determine how to better validate this responses
>>>>>  with the external legal advisors when we engage with said external
>>>>>  advice.
>>>>> 
>>>>>  I look forward to a fruitful session with all of you.
>>>>> 
>>>>>  Best regards,
>>>>> 
>>>>> 
>>>>> 
>>>>>  León
>>>>> 
>>>>> 
>>>>>  <Accountability Questions for CCWG - from Jones Day.pdf>
>>>> 
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>>>> 
>>>> 
>>>> 
>>>> 
>>>> -- 
>>>> Jordan Carter
>>>> 
>>>> Chief Executive
>>>> *InternetNZ*
>>>> 
>>>> 04 495 2118 (office) | +64 21 442 649 (mob)
>>>> jordan at internetnz.net.nz <mailto:jordan at internetnz.net.nz>
>>>> Skype: jordancarter
>>>> 
>>>> /To promote the Internet's benefits and uses, and protect its potential./
>>>> 
>>>> 
>>>> 
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