[CCWG-ACCT] Responses to questions from Jones Day
Samantha Eisner
Samantha.Eisner at icann.org
Sun Feb 8 07:40:25 UTC 2015
Kevin, a skilled attorney in California corporate structures as well as
governance issues, provided these responses to the CCWG questions as a
mode of giving input into the process. Kevin has just arrived here in
Singapore and will be available to discuss these answers; if modifications
or clarifications are needed, they can be provided. These responses, many
of which provide a transparent view on advice or positions that ICANN has
taken in the past on these issues, are being provided to help narrow and
clarify the issues for which external advice may be sought. From the
ICANN side, we are very interested in making sure that the CCWG gets the
input that it needs and in the most efficient and cost-effective manner;
ICANN’s transparency on this issue will allow for other counsel to be able
to provide advice in a quicker, more timely manner.
As we go down the legal advice path, each of us are likely to see answers
that we may not agree with; while we do not have to accept positions with
which we take issue, we do need to afford the appropriate respect to those
providing responses. Suggestions of “incompetence” are not acceptable.
On 2/8/15, 2:06 PM, "Edward Morris" <egmorris1 at toast.net> wrote:
>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*
>>>>>
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>>>>> Skype: jordancarter
>>>>>
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>>>>>
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