[Ws2-jurisdiction] The Gap Analysis: Question, Method and Objective -- Proposal for Comment

[Greg Shatan]

All,

Based on the call today, I'm presenting the following as the proposed path
forward on the Gap Analysis:

1. *The Question*.  Whether each of the accountability measures proposed in
Work Stream 1 can be implemented under ICANN's current jurisdictional
framework without any gaps.  (Implementation "without any gaps" means the
ability to apply an accountability measure to, and ultimately enforce that
measure against, ICANN.)

2.  *The Objective*.  The first objective is to determine whether there are
any "gaps," i.e., whether any of the WS1 accountability measures cannot be
fully implemented under ICANN's current jurisdictional framework.  After
possible gaps are identified, the subgroup will examine each possible gap
to determine if it is in fact a gap.  A list of identified gaps will be
prepared.  (After the gap analysis is completed, the subgroup will then
explore possible ways to "close the gap" for each applicable accountability
measure, i.e., to implement the measure effectively.)

3. *The Method*.  The Final Proposal of WS1 will be posted as a Google
Doc.  Subgroup members are asked to assign themselves one chapter of the
Proposal to review for "gaps."  Notes on potential "gaps" can be made
directly on the Google Doc proposal as comments.  A separate sign-up sheet
will be posted, also as a Google Doc.  Subgroup members that cannot access
Google Drive can put their chosen "assignments" into an email, and can also
provide their analysis via email as well.  Subgroup rapporteurs and staff
will make the necessary notations.

Comments are requested and appreciated. However, in order to keep up the
momentum, the Final Proposal and sign-up sheet will be posted on Tuesday,
September 27.  Our question, objective and method can be further refined
even as we move forward.

I look forward to your comments and to seeing the assignments and analyses
in the coming days and weeks.

Best regards,

Greg
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