[Ws2-jurisdiction] first draft of fact solicitation questions

Sat Nov 26 14:51:53 UTC 2016

I agree with Milton and Edward. It is a research exercise … questions about an opinio juris may come later.
Best, Erich

ao. Univ.-Prof. Mag. DDr. Erich Schweighofer
Arbeitsgruppe Rechtsinformatik
Institut für Europarecht, Internationales Recht und
Rechtsvergleichung, Universität Wien
Schottenbastei 10-16/2/5, 1010 Wien, AT
Tel. +43 1 4277 35305, Fax +43 1 4277 9353
Erich.Schweighofer at univie.ac.at
http://rechtsinformatik.univie.ac.at

Von: Edward Morris<mailto:egmorris1 at toast.net>
Gesendet: Samstag, 26. November 2016 15:39
An: Mueller, Milton L<mailto:milton at gatech.edu>
Cc: ws2-jurisdiction at icann.org<mailto:ws2-jurisdiction at icann.org>
Betreff: Re: [Ws2-jurisdiction] first draft of fact solicitation questions

I agree with Milton.

If we were to go in this direction we would also need to add something like "What do you think the problems would be, if any, of changing jurisdiction...". Neither question would be appropriate for what is intended to be an exercise in factual discovery rather than subjective opinion.

Ed Morris

Sent from my iPhone

On 26 Nov 2016, at 08:26, Mueller, Milton L <milton at gatech.edu<mailto:milton at gatech.edu>> wrote:

Sorry, Parminder, I see this as a request for opinions, not facts. The whole point of this exercise is to gain specific factual cases that show actual issues, not to provide people with an excuse to complain about what the “think are the problems.” I would reject adding such a question to the list

From: ws2-jurisdiction-bounces at icann.org<mailto:ws2-jurisdiction-bounces at icann.org> [mailto:ws2-jurisdiction-bounces at icann.org] On Behalf Of parminder
Sent: Wednesday, November 23, 2016 11:54 PM
To: ws2-jurisdiction at icann.org<mailto:ws2-jurisdiction at icann.org>
Subject: Re: [Ws2-jurisdiction] first draft of fact solicitation questions

I will like to add a general question to the below:

What do you think are the problems, if any, with continued jurisdiction of the US state over ICANN, as a US non-profit? Please justify your response with appropriate examples, analysis, etc. Especially, if there are existing and past instances that highlight such problems please indicate them.

parminder

On Wednesday 23 November 2016 09:50 PM, Mike Rodenbaugh 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
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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