[CCWG-ACCT] Responses to questions from Jones Day

Sun Feb 8 07:07:32 UTC 2015

Perhaps I missed that discussion (and would be happy to be guided to that thread) but what are some of the concerns re: accountability in domiciling ICANN out of California ?

Arun

Sent from my iPhone

@arunmsukumar
Senior Fellow, Centre for Communication Governance
National Law University, Delhi
http://amsukumar.tumblr.com 
Ph:+91-9871943272

> On 08-Feb-2015, at 2:20 pm, Greg Shatan <gregshatanipc at gmail.com> wrote:
> 
> 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
> ICANN-related: gregshatanipc at gmail.com
> www.lawabel.com
> _______________________________________________
> Accountability-Cross-Community mailing list
> Accountability-Cross-Community at icann.org
> https://mm.icann.org/mailman/listinfo/accountability-cross-community
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/accountability-cross-community/attachments/20150208/586ab397/attachment.html>