[Ws2-jurisdiction] REMINDER: Focus, Working Method and Revisions to Proposed Questions: RESPONSE REQUESTED [was: Jurisdiction Proposed Questions and Poll Results]

matthew shears mshears at cdt.org
Sun Jan 1 18:02:13 UTC 2017


+ 1 Paul


On 31/12/2016 18:20, Paul Rosenzweig wrote:
>
> Actually, this is a good example of why I don't think this question is 
> helpful.  Not because I object to the solution space (as Avri says 
> some may) but because this question is not designed to get us to the 
> solution space that might exist.  Asking only about problems or issues 
> with respect to the jurisdiction of incorporation ignores the question 
> of benefits.  asking about problems only is like asking me what I 
> dislike about my wife, and not taking into account all the many myriad 
> things I like about her. :-)
>
> And, as I've said before, the question as formulated also ignores the 
> issue of whether any other Jurisidction might be an improvement or 
> not.  It is easy to discount the value of my own wife for a 
> hypothetical beauty -- but in the real world, the choices are not 
> hypothetical.  Unless we ask about benefits that have arisen from the 
> current jursidiction; and also experiences with other potential 
> venues, this question is just a way of collecting complaints about 
> American juridiction.
>
> So, while I completely understand why Seun would make this suggestion 
> and while, from one perspective, it is a sensible one, it is just a 
> good example of why this question is so fraught.
>
> Happy new year all
> Paul
>
> --
> Paul Rosenzweig
> Sent from myMail app for Android
>
> Friday, 30 December 2016, 00:20PM -05:00 from Greg Shatan 
> gregshatanipc at gmail.com <mailto:gregshatanipc at gmail.com>:
>
>     I am forwarding the following message from Seun Ojedeji to the
>     Jurisdiction list, as he currently has Observer status and cannot
>     post.
>
>     Greg
>
>     On Fri, Dec 30, 2016 at 2:37 AM, Seun Ojedeji
>     <seun.ojedeji at gmail.com
>     <//e-aj.my.com/compose/?mailto=mailto%3aseun.ojedeji at gmail.com>>
>     wrote:
>
>         The suggested way forward seem fine but I would suggest
>         modifying alternative 1 of question 4 by asking for just the
>         "disadvantages" as I don't think there is need to ask for
>         advantages since the goal of the question is to identify
>         issues (okay problems - just playing around with words).
>
>         Regards
>         PS: Can't remember if I have posting rights. Otherwise, kindly
>         help forward to list.
>
>         Sent from my LG G4
>         Kindly excuse brevity and typos
>
>         On 30 Dec 2016 8:27 a.m., "Greg Shatan"
>         <gregshatanipc at gmail.com
>         <//e-aj.my.com/compose/?mailto=mailto%3agregshatanipc at gmail.com>>
>         wrote:
>
>             REMINDER to READ this email and RESPOND, at least with
>             regard to the questionnaire (see attachment). I've
>             slightly revised the email for clarity.
>
>             To try and focus this discussion, I'll provide a strawman
>             for how to deal with the alternatives:
>
>             Preamble -- Use Alternative 1.
>             Question 1 -- Use Alternative 1.
>             Question 2 -- No change
>             Question 3 -- No change.
>             Question 4 -- Use Alternative 1.
>
>             Thank you for your responses.
>
>             ---------- Forwarded message ----------
>             From: *Greg Shatan* <gregshatanipc at gmail.com
>             <//e-aj.my.com/compose/?mailto=mailto%3agregshatanipc at gmail.com>>
>             Date: Tue, Dec 27, 2016 at 3:28 PM
>             Subject: Focus, Working Method and Revisions to Proposed
>             Questions: RESPONSE REQUESTED [was: Jurisdiction Proposed
>             Questions and Poll Results]
>             To: ws2-jurisdiction at icann.org
>             <//e-aj.my.com/compose/?mailto=mailto%3aws2%2djurisdiction at icann.org>
>
>
>             All,
>
>             I'm sending this to the Jurisdiction subgroup list, since
>             this was initially send to a discussion thread on
>             jurisdiction taking place on the CCWG list.
>
>             *Please respond here, rather than there.  Thank you.*
>
>             Greg
>
>             ---------- Forwarded message ----------
>             From: *Greg Shatan* <gregshatanipc at gmail.com
>             <//e-aj.my.com/compose/?mailto=mailto%3agregshatanipc at gmail.com>>
>             Date: Tue, Dec 27, 2016 at 2:56 AM
>             Subject: Re: [CCWG-ACCT] RES: Jurisdiction Proposed
>             Questions and Poll Results
>             To: "accountability-cross-community at icann.org
>             <//e-aj.my.com/compose/?mailto=mailto%3aaccountability%2dcross%2dcommunity at icann.org>"
>             <accountability-cross-community at icann.org
>             <//e-aj.my.com/compose/?mailto=mailto%3aaccountability%2dcross%2dcommunity at icann.org>>
>
>
>             All:
>
>             Two quick but important points:
>
>             1. We have strayed from the basic topic in front of us,
>             which is to decide on the formulation of the questions to
>             be sent out. *
>             ​​
>             I have gone through the emails and meeting notes and
>             pulled the alternative formulations and revisions in to a
>             single document, attached to this email. *
>
>             With regard to question 4, I believe that the best way to
>             move forward is to see if one of the alternatives gets
>             stronger support within the CCWG.  If we can get to a
>             point where there is broad support for the question
>             without significant opposition that may resolve issues
>             relating to whether and when this question will be sent out.
>
>             2. Our overall agreed-upon working method is to first
>             identify, discuss and arrive at a list of
>             ​problems
>             , and then move on to identifying, discussing and arriving
>             at a list of potential remedies for each
>             ​problem
>              on our list.  We are still working on
>             ​problems
>             .  For a remedy to be up for discussion when we move to
>             discussing remedies, that remedy needs to provide a
>             solution to a
>             ​ problem
>             .  We can't discuss a potential remedy without having a
>             ​ problem​
>             it is intended to solve.  If there is a potential "remedy"
>             but it does not solve any of our
>             ​problems​
>             , we won't discuss it.
>
>             We've already put aside one potential "remedy" until we
>             see whether we identify any
>             ​problems​
>              it would solve -- the "remedy" of changing ICANN's
>             jurisdiction of incorporation or headquarters location.
>              "Immunity" is another potential remedy that we need to
>             deal with the same way.  Skipping forward to discussions
>             of remedies is only slowing down our discussion of
>             ​problems
>             .  I strongly suggest we refocus on
>             ​problems​
>             , so that we can get to the discussion of remedies. Once
>             we've agreed on a list of
>             ​problems​
>             , a discussion of remedies will be more productive.
>
>             Our working method of dealing with
>             ​problems​
>              first and then remedies may also help us find agreement
>             on a way to deal with question 4.  Questions 1-3 clearly
>             deal with issues. Perhaps a version of question 4 that is
>             limited to asking for
>             ​problems​
>              will get broader support ("Alternative 1" on the
>             attachment may fit this description.)
>
>             ​Greg​
>
>             _​The following responses were received on the
>             Accountability list_:
>
>             *Parminder*:
>             Greg/ All
>
>             I think the Alternative 1, which you take as likely
>             candidate for broader support, is fine. I list this
>             formulation below:
>
>             What are the advantages or disadvantages, if any, relating
>             to ICANN's jurisdiction*, particularly with regard to the
>             actual operation of ICANN’s policies and accountability
>             mechanisms? Please support your response with appropriate
>             examples, references to specific laws, case studies, other
>             studies, and analysis. In particular, please indicate if
>             there are current or past instances that highlight such
>             advantages or problems.
>
>             (* For these questions, “ICANN’s jurisdiction” refers to
>             (a) ICANN being subject to U.S. and California law as a
>             result of its incorporation and location in California,
>             (b) ICANN being subject to the laws of any other country
>             as a result of its location within or contacts with that
>             country, or (c) any “choice of law” or venue provisions in
>             agreements with ICANN.)
>
>             ENDS
>
>             Lets move on with it. We are spending too much time on
>             framing a question.
>
>             ​*Kavouss Arasteh: *
>             Grec,
>             Tks again,
>             As I said I believe ,it is counter productive to discuss
>             many alternative,
>             I could agree with formulation of Parminder
>             Regards
>             Kavouss​
>
>             *Sam Lanfranco:*
>             Greg,
>
>             Thank you for presenting alternatives for reaching
>             agreement on a/ Roadmap for Moving Forward to identify
>             operational issues embedded in the overall “jurisdiction”
>             issue/. It is important to recognize that what is being
>             proposed is the choice of roadmap for moving forward.
>             Where this takes us will flow from the assembly of
>             evidence, the application of analysis, and the resulting
>             array of possible options for addressing jurisdiction base
>             operational issues.
>
>             Sam Lanfranco*
>             *
>
>
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>
>
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>
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-- 
------------
Matthew Shears
Global Internet Policy and Human Rights
Center for Democracy & Technology (CDT)
+ 44 771 2472987

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