[Ws2-jurisdiction] [CCWG-ACCT] Notes, recordings and transcript for WS2 Jurisdiction Subgroup Meeting # 10 | 21 November

[parminder]

Regarding action item 1 below:

Is it possible that I could join the drafting group. Thanks.

Plus, I remain in favour of going to the wider community at this point
with a possible questionnaire, but hopefully a well balanced one. 

parminder


On Tuesday 22 November 2016 03:31 AM, MSSI Secretariat wrote:
>
> Hello all,
>
>  
>
> The notes, recordings and transcripts for CCWG Accountability WS2
> *Jurisdiction Subgroup Meeting #10* – 21 November 2016 will be
> available here:  https://community.icann.org/x/pJDDAw
>
>  
>
> A copy of the action items and notes may be found below. 
>
>  
>
> Thank you.
>
>  
>
> With kind regards,
>
> Brenda Brewer 
>
> MSSI Projects & Operations Assistant
>
> ICANN**-**Internet Corporation for Assigned Names and Numbers
>
>  
>
> *Action items:*
>
>   * Milton and CW to draft a few questions for review by the group.
>   * Everyone to go to our 2 Documents.
>
> * *
>
> *Notes  (including relevant parts of chat):*
>
> *1. Welcome Back - Vinay Kesari*
>
> *2.Setting the Scene - Vinay Kesari*
>
> Kavouss Arasteh: I am not optimistic of the results we can achieve
> here - did not understand the introduction. We are widening the
> subject instead of focusing.
>
> Vinay Kesari: Agree with KA - we need to focus on our core task
> without removing any possible outcomes.
>
> Greg Shatan: Agree. We do not need to identify solutions to problems
> that have not been identified.
>
> Note: discussions surrounding Jorge Cancio’s suggestion of a
> consultation/questionnaire generated most of the traffic in the chat
> and this should be read in conjunction with these notes.
>
> *3.Work Plan*
>
> Greg Shatan: will have to redo after this meeting. It seems early for
> a public consultation.
>
> Vidushi Marda: I am new to the group - where are we vs jurisdiction of
> incorporation.
>
> Greg Shatan: best to catch up reading transcripts and the email lists.
> Jurisdiction of incorporation is not off the table but we have agreed
> to only consider it if it comes up as the only solution to a given issue.
>
> Jorge Cancio: I was proposing a fact finding exercise especially those
> who have contracts or those who could be considered materially harmed.
>
> Greg Shatan: We need more factual information from concerned parties.
> We need to get a small group working on the list to begin designing this.
>
> David McAuley: This should be about getting facts and not opinions.
>
> Tijani Ben Jemaa: what are the points we have difficulty to get to
> consensus on.
>
> Greg Shatan: I see it differently - this is about getting factual
> information from users.
>
> Kavouss Arasteh: I have no idea what is a stress test and was not very
> useful in WS1. What surveys, about what, why? Few people would reply
> to what I understand what we are talking about - this is not what we
> have said we would work on. We need to focus on applicability of
> jurisdiction of contracts.
>
> Greg Shatan: We are not looking for legal opinions or theories. What
> we are discussing is getting real facts from contracted parties -
> things that have happened. It is in our mandate to get facts.
>
> Kavouss Arasteh: you are focusing on the past - under the new rules
> there may be new issues.
>
> Greg Shatan: KA this is certainly not the objective - but we could
> really use facts from the past.
>
> Vinay Kesari: Agree with GS. We only know information that is public.
> The questions would allow us to possibly identify facts that are not
> currently in the public domain.
>
> Greg Shatan: temperature check on doing the questionnaire - general
> support for it. Could we have volunteers to prepare the questions in
> the chat. We would need a draft for Monday - CW, MM - this is our
> drafting group which will return the questions to this group with
> their draft.
>
> *4.Document and Discussion: “The Influence of ICANN’s Existing
> Jurisdictions (Governing Law and Venue) Relating to Resolution of
> Disputes”*
>
> Greg Shatan: we need to get back to working on these documents. 
> especially focused on Disputes involving ICANN
>
> *5.Document and Discussion: “Multiple Layers of Jurisdiction”*
>
> Greg Shatan: needs further review and comments from all participants.
>
> *6.Suggestion: Reading List*
>
> Greg Shatan: We should set up a reading list on our Wiki.
>
> Kavouss Arasteh: What do we mean by influence?
>
> Andrea Brambilla: (govt of Canada) supports the request for a
> questionnaire. All the work of WS1 is based on current ICANN
> jurisdiction and this should not be disturbed - it is more important
> to reinforce accountability.
>
> *7.Possible Use of Experts*
>
> Greg Shatan: refers to the use of legal. If we have questions we need
> to submit these to the legal comm. but we are not there yet.
>
> *8.AOB*
>
> Greg Shatan: Any other business? (none).
>
> *9.   Adjourn*
>
> *        *Greg Shatan: Adjourned.
>
>  
>
>
>
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