[Gnso-igo-ingo-crp] Synopsis from Prof. Edward Swaine - WG call this week?

Jay Chapman jay at digimedia.com
Tue Mar 1 15:42:03 UTC 2016


Count me in

Sincerely,
Jay Chapman

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On Tue, Mar 1, 2016 at 9:20 AM, Phil Corwin <psc at vlaw-dc.com> wrote:

> Paul:
>
>
>
> We are in no way trying to suppress discussion, but as of yesterday we had
> not seen anyone indicate that we should hold a call tomorrow other than
> you. Both staff and the Co-Chairs are very busy this week preparing to fly
> to Marrakech (I depart on Thursday).
>
>
>
> Now George indicates that he can be on a call tomorrow, but is indifferent
> to whether it is held, and thinks it needs minimum participation of 7-8 WG
> members to be worthwhile.
>
>
>
> *If there are other WG members who believe it would be useful to hold a
> call tomorrow and are available to participate at 1700 UTC, can they please
> indicate that at once?*
>
>
>
> Best, Philip
>
>
>
> 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
>
>
>
> -----Original Message-----
> From: George Kirikos [mailto:icann at leap.com]
> Sent: Tuesday, March 01, 2016 10:00 AM
> To: Paul Keating
> Cc: Mary Wong; Phil Corwin; gnso-igo-ingo-crp at icann.org
> Subject: Re: [Gnso-igo-ingo-crp] Synopsis from Prof. Edward Swaine - WG
> call this week?
>
>
>
> I can make it tomorrow at the usual time, but I'm indifferent as to it
> being tomorrow or next week (we'd probably want at least 7 or 8
> participants if we're going to have it tomorrow).
>
>
>
> Sincerely,
>
>
>
> George Kirikos
>
> 416-588-0269
>
> http://www.leap.com/
>
>
>
> On Tue, Mar 1, 2016 at 9:55 AM, Paul Keating <paul at law.es> wrote:
>
> > Mary. I saw 3 including me.
>
> >
>
> > Sincerely,
>
> > Paul Keating, Esq.
>
> >
>
> > On Mar 1, 2016, at 3:40 PM, Mary Wong <mary.wong at icann.org> wrote:
>
> >
>
> > Dear all, as of now we have only received indication from one working
>
> > group member of a wish to have a WG call tomorrow ahead of the Marrakech
> meeting.
>
> > If you think it would be preferable to schedule a call tomorrow as
>
> > well, please reply as soon as possible so that we can make the
>
> > necessary arrangements and let everyone know.
>
> >
>
> > Thanks and cheers
>
> > Mary
>
> >
>
> > Sent from my iPhone
>
> >
>
> > On Feb 29, 2016, at 13:04, Mary Wong <mary.wong at icann.org> wrote:
>
> >
>
> > Dear all,
>
> >
>
> > Please find attached the synopsis document from Professor Swaine that
>
> > Phil referred to in his email update to our Working Group (below). As
>
> > Phil mentioned, his and Petter’s plan is to use this as the basis for
>
> > discussion during the WG meeting at ICANN55, which is currently
>
> > scheduled for Wednesday
>
> > 9 March.
>
> >
>
> > However, should you wish to hold a brief discussion this Wednesday (at
>
> > our usual meeting time of 1700 UTC) to provide initial feedback on the
>
> > attached synopsis as a preparatory step to the fuller discussion next
>
> > week, please reply to this email accordingly. If a sufficient number
>
> > of members indicate that they would like to meet this week as well, we
>
> > will go ahead and schedule a call accordingly.
>
> >
>
> > Thanks and cheers
>
> > Mary
>
> >
>
> >
>
> > Mary Wong
>
> > Senior Policy Director
>
> > Internet Corporation for Assigned Names and Numbers (ICANN)
>
> > Email: mary.wong at icann.org
>
> > Telephone: +1-603-5744889
>
> >
>
> >
>
> > From: <gnso-igo-ingo-crp-bounces at icann.org> on behalf of Phil Corwin
>
> > <psc at vlaw-dc.com>
>
> > Date: Saturday, February 20, 2016 at 12:20
>
> > To: George Kirikos <icann at leap.com>
>
> > Cc: "gnso-igo-ingo-crp at icann.org" <gnso-igo-ingo-crp at icann.org>
>
> > Subject: Re: [Gnso-igo-ingo-crp] Any update on Swaine report?
>
> >
>
> > Dear IGO CRP WG Members:
>
> >
>
> >
>
> >
>
> > Here is a further update on the situation as regards Prof. Swaine’s
>
> > legal research.
>
> >
>
> >
>
> >
>
> > Petter and I, along with Mary and Steve, engaged in a one hour call
>
> > yesterday with Prof. Swaine in which we discussed our questions and
>
> > comments regarding the current uncompleted draft report, as well as
>
> > the needs of the WG in preparation for Marrakech.
>
> >
>
> >
>
> >
>
> > Prof. Swaine is not comfortable with having an incomplete document
>
> > bearing his name in wider circulation, and we fully appreciate  that
>
> > viewpoint. In addition, due to his academic responsibilities for the
>
> > remainder of this month, he does not believe he will be able to
>
> > complete a final draft prior to a potential 3/2 WG call or our F2F
>
> > meeting in Marrakech (which is currently scheduled to take place from
> 9-10:15 am on Wednesday, March 9).
>
> >
>
> >
>
> >
>
> > However, he did commit to provide our WG with a synopsis of his
>
> > research to date in the next week to ten days, which will provide us a
>
> > focus for an anticipated WG planning call on 3/2. The same document
>
> > can be used to catalyze discussion in Marrakech – and we plan to make
>
> > sure that GAC and IGO attendees are made aware that they are welcome
>
> > to participate in our 3/9 session. We will then provide Prof. Swaine
>
> > with feedback from those two sessions to help guide him in his
>
> > completion of the report, which we now anticipate receiving in final
> form later in March.
>
> >
>
> >
>
> >
>
> > While we had all hoped to have a final report available prior to our
>
> > Marrakech meeting, the agreed upon approach seems like the second best
>
> > option and will at least provide us with a basis for discussion over
>
> > the next few weeks.
>
> >
>
> >
>
> >
>
> > Please let us know if you have questions or comments.
>
> >
>
> >
>
> >
>
> > Best to all,
>
> >
>
> > Philip
>
> >
>
> >
>
> >
>
> >
>
> >
>
> >
>
> >
>
> >
>
> >
>
> >
>
> >
>
> >
>
> >
>
> > 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: Phil Corwin
>
> > Sent: Wednesday, February 17, 2016 10:13 AM
>
> > To: 'George Kirikos'
>
> > Cc: gnso-igo-ingo-crp at icann.org
>
> > Subject: RE: [Gnso-igo-ingo-crp] Any update on Swaine report?
>
> >
>
> >
>
> >
>
> > George:
>
> >
>
> >
>
> >
>
> > Thanks for your inquiry.
>
> >
>
> >
>
> >
>
> > Here's the state of play--
>
> >
>
> > ·         Last week we received a draft from Prof. Swaine. The draft was
>
> > incomplete in that it did not yet contain conclusions. It is quite
>
> > comprehensive on the interface of sovereign immunity and IGOs and
>
> > demonstrates that this area is not fully developed or uniform, that a
>
> > great deal of discretion is left to individual nations to determine
>
> > the scope of recognized immunity, and that some considerations argue
>
> > for waiver in the UDRP context as being acceptable, while others may
>
> > lead to a contrary conclusion.
>
> >
>
> > ·         Due to travel schedules, the first time that Petter and I had a
>
> > chance to discuss the draft with ICANN staff was yesterday. We are
>
> > seeking to schedule a call with Prof. Swaine later this week if at all
>
> > possible to raise various questions and issues as well as to determine
>
> > what his preliminary conclusions are..
>
> >
>
> > ·         Our hope is to get a more complete draft distributed to all WG
>
> > members as soon as possible, and certainly prior to the Marrakech
> meeting.
>
> > Once we speak with Prof. Swaine we will schedule a WG call for either
>
> > February 24 or March 2 (I depart for Marrakech on March 3) to prepare
>
> > for our Marrakech meeting.
>
> >
>
> > ·         At our meeting in Marrakech, we intend to seek comments on the
>
> > draft from all WG members, as well as from IGOs and GAC members.
>
> > (Staff-do we as yet have a time and date for our WG meeting?)
>
> > Following Marrakech we intend to move forward expeditiously on our
>
> > work using the report as a basis for determining our course.
>
> >
>
> > Let me know if you have any additional questions at this time.
>
> >
>
> >
>
> >
>
> > Best regards, Philip
>
> >
>
> >
>
> >
>
> > 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
>
> >
>
> >
>
> >
>
> >
>
> >
>
> > -----Original Message-----
>
> > From: George Kirikos [mailto:icann at leap.com <icann at leap.com>]
>
> > Sent: Tuesday, February 16, 2016 4:33 PM
>
> > To: Phil Corwin
>
> > Cc: gnso-igo-ingo-crp at icann.org
>
> > Subject: Re: [Gnso-igo-ingo-crp] Any update on Swaine report?
>
> >
>
> >
>
> >
>
> > I just wanted to followup and see how things are progressing. If we
>
> > don't get the draft Swaine report soon, then that means we're looking
>
> > at sometime in March for our next teleconference? (i.e. there's no
>
> > meeting tomorrow, and it wouldn't make sense to have a meeting next
>
> > Wednesday unless the report was provided before the weekend, so folks
>
> > can digest it and have informed comments/discussions).
>
> >
>
> >
>
> >
>
> > Sincerely,
>
> >
>
> >
>
> >
>
> > George Kirikos
>
> >
>
> > 416-588-0269
>
> >
>
> > http://www.leap.com/
>
> >
>
> >
>
> >
>
> >
>
> >
>
> > On Tue, Jan 26, 2016 at 6:20 PM, Phil Corwin <psc at vlaw-dc.com> wrote:
>
> >
>
> >> Happy New Year, George.
>
> >
>
> >>
>
> >
>
> >> We have checked with Professor Swaine and are expecting a draft
>
> >> document very soon, possibly later this week. As soon as we receive
>
> >> it we will be back in touch with the WG.
>
> >
>
> >>
>
> >
>
> >> Best, Philip
>
> >
>
> >>
>
> >
>
> >> 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
>
> >
>
> >>
>
> >
>
> >>
>
> >
>
> >> -----Original Message-----
>
> >
>
> >> From: gnso-igo-ingo-crp-bounces at icann.org
>
> >
>
> >> [mailto:gnso-igo-ingo-crp-bounces at icann.org
> <gnso-igo-ingo-crp-bounces at icann.org>] On Behalf Of George
>
> >
>
> >> Kirikos
>
> >
>
> >> Sent: Tuesday, January 26, 2016 6:16 PM
>
> >
>
> >> To: gnso-igo-ingo-crp at icann.org
>
> >
>
> >> Subject: [Gnso-igo-ingo-crp] Any update on Swaine report?
>
> >
>
> >>
>
> >
>
> >> Hi folks,
>
> >
>
> >>
>
> >
>
> >> Happy New Year.
>
> >
>
> >>
>
> >
>
> >> It's been a while, so I just wanted to see if we have any
>
> >> news/updates regarding the Swaine report?
>
> >
>
> >>
>
> >
>
> >> Sincerely,
>
> >
>
> >>
>
> >
>
> >> George Kirikos
>
> >
>
> >> 416-588-0269
>
> >
>
> >> http://www.leap.com/
>
> >
>
> >> _______________________________________________
>
> >
>
> >> Gnso-igo-ingo-crp mailing list
>
> >
>
> >> Gnso-igo-ingo-crp at icann.org
>
> >
>
> >> https://mm.icann.org/mailman/listinfo/gnso-igo-ingo-crp
>
> >
>
> >>
>
> >
>
> >> -----
>
> >
>
> >> No virus found in this message.
>
> >
>
> >> Checked by AVG - www.avg.com
>
> >
>
> >> Version: 2016.0.7227 / Virus Database: 4489/11316 - Release Date:
>
> >> 01/03/16 Internal Virus Database is out of date.
>
> >
>
> >
>
> >
>
> > -----
>
> >
>
> > No virus found in this message.
>
> >
>
> > Checked by AVG - www.avg.com
>
> >
>
> > Version: 2016.0.7303 / Virus Database: 4530/11623 - Release Date:
>
> > 02/14/16
>
> >
>
> > <Swaine Draft IGO Immunity Memo Synopsis - 28 Jan.pdf>
>
> >
>
> > _______________________________________________
>
> > Gnso-igo-ingo-crp mailing list
>
> > Gnso-igo-ingo-crp at icann.org
>
> > https://mm.icann.org/mailman/listinfo/gnso-igo-ingo-crp
>
>
>
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>
> Checked by AVG - www.avg.com
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> Version: 2016.0.7303 / Virus Database: 4537/11693 - Release Date: 02/25/16
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