[Ws2-jurisdiction] first draft of fact solicitation questions

Wed Nov 23 19:39:45 UTC 2016

+1
it's better to be overbroad than to exclude interesting info beforehand. Some may even be reluctant to come forward openly with their issues if the dispute did not or has not reached a formal stage. Remember that many issues do not reach such formal stage for many reasons, but we nevertheless may learn from such experiences.

regards

Jorge

________________________________

Von: Mike Rodenbaugh <mike at rodenbaugh.com>
Datum: 23. November 2016 um 20:31:08 MEZ
An: Paul Rosenzweig <paul.rosenzweig at redbranchconsulting.com>
Cc: ws2-jurisdiction at icann.org <ws2-jurisdiction at icann.org>
Betreff: Re: [Ws2-jurisdiction] first draft of fact solicitation questions

I think we want the broadest range of experiences, but of course would not consider hearsay.  If anyone can point us to documents about anyone else's experiences, then what is the harm in considering those documents?  To me, the worse risk is that we don't hear about them at all because the person who had the experience does not see our survey.

Mike Rodenbaugh
RODENBAUGH LAW
tel/fax:  +1.415.738.8087
http://rodenbaugh.com

On Wed, Nov 23, 2016 at 11:27 AM, Paul Rosenzweig <paul.rosenzweig at redbranchconsulting.com<mailto:paul.rosenzweig at redbranchconsulting.com>> wrote:
+1  Everyone has opinions and second hand information.  We want primary sources on t his …

P

Paul Rosenzweig
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From: ws2-jurisdiction-bounces at icann.org<mailto:ws2-jurisdiction-bounces at icann.org> [mailto:ws2-jurisdiction-bounces at icann.org<mailto:ws2-jurisdiction-bounces at icann.org>] On Behalf Of Greg Shatan
Sent: Wednesday, November 23, 2016 2:06 PM
To: CW Mail <mail at christopherwilkinson.eu<mailto:mail at christopherwilkinson.eu>>
Cc: ws2-jurisdiction at icann.org<mailto:ws2-jurisdiction at icann.org>
Subject: Re: [Ws2-jurisdiction] first draft of fact solicitation questions

I agree with CW on this one -- we are looking for first person facts, experiences and "anecdotal evidence."  The facts are best known by the participants, and third parties (viewing events from the outside) often make assumptions about what happened or otherwise get things wrong.

Greg

On Wed, Nov 23, 2016 at 1:04 PM, CW Mail <mail at christopherwilkinson.eu<mailto:mail at christopherwilkinson.eu>> wrote:
Mike: I might see the point of broadening, if possible, the scope and catchment of the questions, but perhaps not in that way.

We should be dealing with Principals (in the sense of directly with those responsible for the entities concerned). Not their surrogates or other third parties.
Otherwise we risk receiving second hand information with which the Principals may not agree, and inviting 'bulk' replies from interested organisations.

We should also be cautious about receiving anonymous hearsay.

Just a thought

CW

On 23 Nov 2016, at 17:20, Mike Rodenbaugh <mike at rodenbaugh.com<mailto:mike at rodenbaugh.com>> wrote:

These seem well-stated, except perhaps they should not be looking only for personal experience, but broaden the request to seek any experience the responder is aware of?  So I suggest something like:

1.       Are you aware of any instance in which anyone's business, privacy, or ability to use or purchase DNS-related services, has been affected by ICANN's jurisdiction in any way?

If the answer is Yes, please describe specific cases or incidents, including the date, the parties involved, and links to any relevant documents.

2.       Are you aware of any instance in which ICANN's jurisdiction affected any dispute resolution process or litigation related to domain names?

If the answer is Yes, please describe specific cases or incidents, including the date, the parties involved, and links to any relevant documents.

Mike Rodenbaugh
RODENBAUGH LAW
tel/fax:  +1.415.738.8087<tel:%2B1.415.738.8087>
http://rodenbaugh.com<http://rodenbaugh.com/>

On Wed, Nov 23, 2016 at 6:47 AM, Mueller, Milton L <milton at gatech.edu<mailto:milton at gatech.edu>> wrote:
CW and I have agreed on the following draft:

Request for stakeholder input on jurisdiction issues

The Jurisdiction subgroup of the CCWG Accountability is asking for the community to provide factual input on the following questions:

1.       Has your business, your privacy or your ability to use or purchase DNS-related services, been affected by ICANN's jurisdiction in any way?

If the answer is Yes, please describe specific cases or incidents, including the date, the parties involved, and links to any relevant documents.

2.       Has ICANN's jurisdiction affected any dispute resolution process or litigation related to domain names you have been involved in?

If the answer is Yes, please describe specific cases or incidents, including the date, the parties involved, and links to any relevant documents.

Dr. Milton L. Mueller
Professor, School of Public Policy
Georgia Institute of Technology

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