[Ws2-jurisdiction] first draft of fact solicitation questions

avri doria avri at apc.org
Wed Nov 23 20:36:49 UTC 2016


+1


On 23-Nov-16 14:31, Mike Rodenbaugh wrote:
> 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
>
>     paul.rosenzweig at redbranchconsulting.com
>     <mailto:paul.rosenzweig at redbranchconsulting.com>
>
>     O: +1 (202) 547-0660 <tel:%2B1%20%28202%29%20547-0660>
>
>     M: +1 (202) 329-9650 <tel:%2B1%20%28202%29%20329-9650>
>
>     VOIP: +1 (202) 738-1739 <tel:%2B1%20%28202%29%20738-1739>
>
>     www.redbranchconsulting.com <http://www.redbranchconsulting.com/>
>
>     My PGP Key:
>     http://redbranchconsulting.com/who-we-are/public-pgp-key/
>     <http://redbranchconsulting.com/who-we-are/public-pgp-key/> __
>
>      
>
>     *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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