[Ws2-jurisdiction] Additional Document for upcoming meeting

[Nigel Roberts]

If you can't win the argument on the merits, one may always challenge 
the process, eh?





On 30/08/17 12:05, parminder wrote:
> Two issues about the OFAC doc:
>
> First is a question, I understand that a general licence is given for a
> particular sanction regime, say against X country. There is no provision
> for a general licence that is standing, for a particular class of
> activities (DNS related) and/ or a particular set or class of actors
> (ICANN) that would automatically apply to every sanction regimes,
> including new ones.
>
> If indeed this be true, then there is no one time guarantee and
> exemption that can be given to ICANN from OFAC, even if the US
> administration be inclined to do so. ICANN have to keep asking for
> exemptions under every new OFAC sanction regime, without any guarantee
> that it will be given such exempting general license. Am I correct?
>
> Second: It surprises me that there is no will here even to recommend
> that ICANN does ask for a general licence of exemption for a given
> sanction regime, only that it studies its processes, possibilities, etc.
>
> This convinces me that the way many, including the chair, look at what
> the mandate and purpose of this group is and what I take it to be are
> quite different. People here seem to think that they should only given
> such recommendations that US gov is highly likely to accept, and if the
> likelihood is less than very high it is best to first explore such
> likelihood before proceeding further. And only to proceed if such high
> likelihood can be found.
>
> This to me is very disparaging to the authority of this group, and its
> members, which is supposed to be working on the behalf of the global
> public and not of the US administration, as an advisory group to it. I
> resent such devaluation of this group, and its mandate and authority
> (which comes from its legitimacy of representing the interests of the
> global public). I take the mandate and responsibility of the group to be
> to recommend practical and sufficiently appropriate means that makes
> ICANN accountable to all the global public and not just the US public,
> through the jurisdiction of the US state.
>
> parminder
>
>
>
> On Wednesday 30 August 2017 01:07 PM, Greg Shatan wrote:
>> All,
>>
>> As mentioned on the Plenary Call, the attached first draft
>> recommendation regarding OFAC, assembled from the input of various
>> participants, will be reviewed on the Subgroup call.
>>
>> The Agenda will be amended accordingly.
>>
>> I look forward to comments from the Subgroup.
>>
>> Greg
>>
>>
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>
>
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