[Gnso-igo-ingo-crp] Agenda and documents for next WG call on Wednesday 10 June

George Kirikos icann at leap.com
Wed Jun 10 12:09:40 UTC 2015


For point/question #3, in particular:

"What if the Mutual Jurisdiction requirement specified that, to apply
to IGOs, it has to be a jurisdiction of one of its member states?"

I don't see how this could ever be acceptable to registrants. For
example, for a North American registrant using a North American
registrar, an IGO consisting of member states from Iran, Iraq, Syria
and Turkey might place the "mutual jurisdiction" in one of those 4
countries that have absolutely nothing to do with the registrant,
rather than in North America.

The same would apply to the rest of point #3, i.e. allowing the IGO to
"forum shop" by selecting a jurisdiction of a member state. For a
court to even have jurisdiction over a registrant, there must be some
connection to the underlying dispute and parties. That has normally
been (a) location of registrant, (b) location of registrar, or (c)
location of registry operator.

I know these are just 'exploratory' questions, but I don't see why any
legitimacy should be attached to ad hoc proposals like the above by
submitting them to 'experts' in the first place. This should be about
fact-finding, not an informal 'negotiation' with IGOs.
Conclusions/solutions should flow from the facts. Putting out possible
'solutions' first, and then trying to come up with some 'rationale' to
justify them later is the wrong way to do things, in my opinion.

Sincerely,

George Kirikos
416-588-0269
http://www.leap.com/


On Tue, Jun 9, 2015 at 11:34 AM, Mary Wong <mary.wong at icann.org> wrote:
> Dear WG members,
>
> The proposed agenda for our next meeting, scheduled for Wednesday 10 June,
> is as follows:
>
> Roll call/updates to SOI
> Discuss and finalize questions for independent legal expert (see attached
> for draft document from the WG co-chairs)
> Planning for WG meeting in Buenos Aires/next steps
>
>
> It may be that we will not need the full hour; however, Petter and Phil
> would like the group to have this call prior to the open meeting we are
> scheduled to have in Buenos Aires, on Wednesday 24 June at 10.00 a.m. ART
> (local time). For those WG members who will not be present in Buenos Aires,
> the usual remote participation facilities will be available, and we’ll send
> call-in and other details prior to the date.
>
> Thanks and cheers
> Mary
>
> Mary Wong
> Senior Policy Director
> Internet Corporation for Assigned Names & Numbers (ICANN)
> Telephone: +1 603 574 4889
> Email: mary.wong at icann.org
>
>
>
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