[CCWG-ACCT] Responses to questions from Jones Day

Sun Feb 8 06:20:02 UTC 2015

James,

Actually, I don't think so.  I'm sure ICANN could find counsel to give
similarly restrictive advice about any jurisdiction.

Greg

On Sun, Feb 8, 2015 at 2:17 PM, James M. Bladel <jbladel at godaddy.com> wrote:

> My concern:
>
> -IF- these questions and responses (particularly #3-#5) are indeed taken
> as valid legal advice, then they lay the groundwork for arguing to
> re-domicile ICANN outside of California.
>
> Thank you,
>
> J.
> ____________
> James Bladel
> GoDaddy
>
> > On Feb 8, 2015, at 13:05, 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>
> >>>>
> >>>>  _______________________________________________
> >>>>  Accountability-Cross-Community mailing list
> >>>>  Accountability-Cross-Community at icann.org
> >>>>  <mailto:Accountability-Cross-Community at icann.org>
> >>>>
> https://urldefense.proofpoint.com/v2/url?u=https-3A__mm.icann.org_mailman_listinfo_accountability-2Dcross-2Dcommunity&d=AwIF-g&c=MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=qwBRSEcol5r4bZKf-_y9unJDayHfowmd9pjeG40pqTY&s=WWqaMuLlBAG_Gr0RU6ekSk08rpZDmHGFN6WV735dTxo&e=
> >>>>
> >>>>
> >>>>
> >>>>
> >>>> --
> >>>> 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./
> >>>>
> >>>>
> >>>>
> >>>> _______________________________________________
> >>>> Accountability-Cross-Community mailing list
> >>>> Accountability-Cross-Community at icann.org
> >>>>
> https://urldefense.proofpoint.com/v2/url?u=https-3A__mm.icann.org_mailman_listinfo_accountability-2Dcross-2Dcommunity&d=AwIF-g&c=MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=qwBRSEcol5r4bZKf-_y9unJDayHfowmd9pjeG40pqTY&s=WWqaMuLlBAG_Gr0RU6ekSk08rpZDmHGFN6WV735dTxo&e=
> >>> _______________________________________________
> >>> Accountability-Cross-Community mailing list
> >>> Accountability-Cross-Community at icann.org
> >>>
> https://urldefense.proofpoint.com/v2/url?u=https-3A__mm.icann.org_mailman_listinfo_accountability-2Dcross-2Dcommunity&d=AwIF-g&c=MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=qwBRSEcol5r4bZKf-_y9unJDayHfowmd9pjeG40pqTY&s=WWqaMuLlBAG_Gr0RU6ekSk08rpZDmHGFN6WV735dTxo&e=
> >>
> >> _______________________________________________
> >> Accountability-Cross-Community mailing list
> >> Accountability-Cross-Community at icann.org
> >>
> https://urldefense.proofpoint.com/v2/url?u=https-3A__mm.icann.org_mailman_listinfo_accountability-2Dcross-2Dcommunity&d=AwIF-g&c=MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=qwBRSEcol5r4bZKf-_y9unJDayHfowmd9pjeG40pqTY&s=WWqaMuLlBAG_Gr0RU6ekSk08rpZDmHGFN6WV735dTxo&e=
> > _______________________________________________
> > Accountability-Cross-Community mailing list
> > Accountability-Cross-Community at icann.org
> > https://mm.icann.org/mailman/listinfo/accountability-cross-community
> _______________________________________________
> Accountability-Cross-Community mailing list
> Accountability-Cross-Community at icann.org
> https://mm.icann.org/mailman/listinfo/accountability-cross-community
>

-- 

*Gregory S. Shatan **ï* *Abelman Frayne & Schwab*

*Partner* *| IP | Technology | Media | Internet*

*666 Third Avenue | New York, NY 10017-5621*

*Direct*  212-885-9253 *| **Main* 212-949-9022

*Fax*  212-949-9190 *|* *Cell *917-816-6428

*gsshatan at lawabel.com <gsshatan at lawabel.com>*

*ICANN-related: gregshatanipc at gmail.com <gregshatanipc at gmail.com>*

*www.lawabel.com <http://www.lawabel.com/>*
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/accountability-cross-community/attachments/20150208/f4308d6a/attachment.html>