[Ws2-jurisdiction] OFAC Application , Sanction on the use of DNS

Mon Jan 23 18:59:34 UTC 2017

All,

ICANN legal has pointed out that the GAO of the USG has published a report
which deals with this and may be useful to the Jurisdiction sub-group:

http://www.gao.gov/products/B-327398.

Cheers

B.

---------- Forwarded message ----------
From: Arasteh <kavouss.arasteh at gmail.com>
Date: Mon, Jan 23, 2017 at 11:18 AM
Subject: Re: [Ws2-jurisdiction] OFAC Application , Sanction on the use of
DNS
To: "McAuley, David" <dmcauley at verisign.com>
Cc: "RPEREZGA at minetur.es" <RPEREZGA at minetur.es>, "occ at mrecic.gov.ar" <
occ at mrecic.gov.ar>, "ws2-jurisdiction at icann.org" <ws2-jurisdiction at icann.org>,
"alice at dotafrica.org" <alice at dotafrica.org>

Dear David
Thanks for initial thoughts which is quite helpful.
One point to bring to your kind attention is we need with the help of Jones
Day and Mathieu Weil to investigate is whether DNS , and in particular, is
an asset of any country or it is a common resource available to every and
all countries for use under certain specific rules and conditions since if
it does not fulfill those rules or conditions of use certain other actions
would be applied.
Should we conclude that it is not an asset attributed or belong to any
country then we would be in a better position to express our views in
relation to the corresponding jurisdiction
Kavouss

Sent from my iPhone

On 23 Jan 2017, at 14:52, McAuley, David <dmcauley at verisign.com> wrote:

Thanks Greg for getting this underway.

I meant to volunteer to help but I will be unable to lead this effort due
to commitments elsewhere.

I also think this idea (reviewing ICANN litigation) would benefit from a
presentation by Jones Day, the common element through much of this. That,
of course, is easier said than done and would require ICANN’s client
permission.

I also want to note to prospective volunteers that ICANN, IMO, does a nice
job of indicating the nature of each link in each case compilation under
its litigation list.

For example, a link to an order from the court is listed as ‘Order’; a
court decision is listed as a ‘decision’ and describes the court (trial
court, appellate court); briefs are listed as ‘briefs’ and described as
opening, responsive, amicus, etc.

Thus it ought to be fairly easy to navigate to the most important bits
first – it is not necessarily an exercise in wading through all courts
documents – seems less daunting to me than it might have been.

One more point – to those of us volunteering to review this litigation list
we ought to start mailing among ourselves as to which cases we are
reviewing so as to avoid duplication of effort. We may find cases that need
more than one set of eyes and that would be fine but maybe going in we can
keep each other apprised of what we are doing.

David

David McAuley

International Policy Manager

Verisign Inc.

703-948-4154 <(703)%20948-4154>

*From:* Greg Shatan [mailto:gregshatanipc at gmail.com
<gregshatanipc at gmail.com>]
*Sent:* Saturday, January 21, 2017 8:33 PM
*To:* Kavouss Arasteh
*Cc:* ws2-jurisdiction; McAuley, David; Mathieu.Weill at afnic.fr; León Felipe
Sánchez Ambía; Thomas Rickert; Perez Galindo, Rafael; Alice Munyua; Olga
Cavalli; Manal Ismail; DE SALINS Ghislain; Pedro Ivo Ferraz da Silva;
parminder
*Subject:* [EXTERNAL] Re: OFAC Application , Sanction on the use of DNS

I want to clarify that David is a volunteer, but not the
coordinator/rapporteur for the small group that is preparing litigation
summaries (unless David wants to be...).  I've just sent an email to the
list describing the project and seeking more volunteers (including someone
 to be coordinator/facilitator for the group).

Also, the small group's task is limited to preparing summaries of ICANN's
prior and current litigation matters.  Since the article does not deal with
litigation, it is not germane to the small group's work.

FYI, the article (by Farzaneh Badii) was originally published (in a less
colorful form) here: http://www.internetgovernance.org/2017/01/13/icanns-
jurisdiction-sanctions-and-domain-names/.

Greg

On Sat, Jan 21, 2017 at 2:47 AM, Kavouss Arasteh <kavouss.arasteh at gmail.com>
wrote:

Dear David,

As the rapporteur of small group in sub group WS2 dealing with ICANN
Litigation, pls find attached an article appreas on the Internet on the
matter.

We need to seriously address the issue.-

Kavouss

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