[Ws2-jurisdiction] Question Presented
Matthew Shears
matthew at intpolicy.com
Fri Jun 9 12:20:51 UTC 2017
Same +1
On 08/06/2017 23:29, Bartlett Morgan wrote:
> Also +1
>
> On Jun 8, 2017 4:33 PM, "Cheryl Langdon-Orr" <langdonorr at gmail.com
> <mailto:langdonorr at gmail.com>> wrote:
>
> Agreed
>
> On 9 Jun. 2017 05:52, "icannlists" <icannlists at winston.com
> <mailto:icannlists at winston.com>> wrote:
>
> Thanks Paul R.
>
> Greg, I agree with this – mostly. I do think it is worth
> noting in our final report that the issue of moving ICANN’s
> formation jurisdiction outside of California was discussed at
> great length by this group and there was no consensus to do
> so. Otherwise, our report would look like we just assumed
> that California formation would remain but did not discuss
> it. That would not be accurate.
>
> Best,
>
> Paul M.
>
> *Paul D. McGrady Jr.*
>
> *Partner *
>
> *Chair, Trademark, Domain Names and Brand Enforcement Practice *
>
> Winston & Strawn LLP
> 35 W. Wacker Drive
> Chicago, IL 60601-9703
>
> D: +1 (312) 558-5963 <tel:+1%20312-558-5963>
>
> F: +1 (312) 558-5700 <tel:+1%20312-558-5700>
>
> Bio
> <http://www.winston.com/en/who-we-are/attorneys/mcgrady-paul-d.html> |
> VCard <http://www.winston.com/vcards/996.vcf> | Email
> <mailto:pmcgrady at winston.com> | winston.com
> <http://www.winston.com>
>
> Winston & Strawn LLP
>
> *From:* ws2-jurisdiction-bounces at icann.org
> <mailto:ws2-jurisdiction-bounces at icann.org>
> [mailto:ws2-jurisdiction-bounces at icann.org
> <mailto:ws2-jurisdiction-bounces at icann.org>] *On Behalf Of
> *Paul Rosenzweig
> *Sent:* Thursday, June 08, 2017 2:13 PM
> *To:* 'Greg Shatan' <gregshatanipc at gmail.com
> <mailto:gregshatanipc at gmail.com>>; 'ws2-jurisdiction'
> <ws2-jurisdiction at icann.org <mailto:ws2-jurisdiction at icann.org>>
> *Cc:* acct-staff at icann.org <mailto:acct-staff at icann.org>
> *Subject:* Re: [Ws2-jurisdiction] Question Presented
>
> Hi Greg
>
> Per our discussion on the call today, I would suggest a slight
> amendment to this strawman proposal. My take is that, as Avri
> suggested, the Subgroup should continue its work on the basis
> of an assumption that the jurisdiction of incorporation will
> remain unchanged and that our report to the Plenary will state
> that as an assumption (rather than, as David has suggested
> (and I would support) as a conclusion or recommendation).
> This will enable us to work forward on real issues of
> accountability effects arising from incorporation and move
> past the endless recircling we are doing.
>
> The practical consequences of this choice would be to confine
> our discussion in two ways. When a potential issue that
> effects accountability is raised (e.g. OFAC or in rem) it
> would not be a response to say “well, we are stuck with that
> because we are in California” but it would also no longer be a
> suitable response to say “we can eliminate that problem by
> moving to XXX” Our work would, as I understand it, focus on
> the question of “can that problem be mitigated by the
> application of other aspects of California/US/contractual law”
> (that is law that assumes that incorporation is unchanged but,
> for example, admits of the possibility that ICANN might be
> able to contract around some problems). I would support this
> approach, as did a majority of those on the call (maybe even
> everyone).
>
> Thus I would reformulate your submission to the Plenary as a
> report of what we have determined as the way forward – namely
> to assume that the place of incorporation will not change, but
> to make explicit the premise that our assumption is without
> prejudice to the issue being raised in some other broader forum.
>
> Cheers
>
> Paul
>
> Paul Rosenzweig
>
> paul.rosenzweig at redbranchconsulting.com
> <mailto:paul.rosenzweig at redbranchconsulting.com>
>
> O: +1 (202) 547-0660 <tel:+1%20202-547-0660>
>
> M: +1 (202) 329-9650 <tel:+1%20202-329-9650>
>
> VOIP: +1 (202) 738-1739 <tel:+1%20202-738-1739>
>
> www.redbranchconsulting.com <http://www.redbranchconsulting.com/>
>
> My PGP Key:
> https://keys.mailvelope.com/pks/lookup?op=get&search=0x9A830097CA066684
> <https://keys.mailvelope.com/pks/lookup?op=get&search=0x9A830097CA066684>
>
> *From:* ws2-jurisdiction-bounces at icann.org
> <mailto:ws2-jurisdiction-bounces at icann.org>
> [mailto:ws2-jurisdiction-bounces at icann.org
> <mailto:ws2-jurisdiction-bounces at icann.org>] *On Behalf Of
> *Greg Shatan
> *Sent:* Thursday, June 8, 2017 9:29 AM
> *To:* ws2-jurisdiction <ws2-jurisdiction at icann.org
> <mailto:ws2-jurisdiction at icann.org>>
> *Cc:* acct-staff at icann.org <mailto:acct-staff at icann.org>
> *Subject:* [Ws2-jurisdiction] Question Presented
>
> Please see attached.
>
>
> ------------------------------------------------------------------------
> The contents of this message may be privileged and
> confidential. If this message has been received in error,
> please delete it without reading it. Your receipt of this
> message is not intended to waive any applicable privilege.
> Please do not disseminate this message without the permission
> of the author. Any tax advice contained in this email was not
> intended to be used, and cannot be used, by you (or any other
> taxpayer) to avoid penalties under applicable tax laws and
> regulations.
>
> _______________________________________________
> Ws2-jurisdiction mailing list
> Ws2-jurisdiction at icann.org <mailto:Ws2-jurisdiction at icann.org>
> https://mm.icann.org/mailman/listinfo/ws2-jurisdiction
> <https://mm.icann.org/mailman/listinfo/ws2-jurisdiction>
>
>
> _______________________________________________
> Ws2-jurisdiction mailing list
> Ws2-jurisdiction at icann.org <mailto:Ws2-jurisdiction at icann.org>
> https://mm.icann.org/mailman/listinfo/ws2-jurisdiction
> <https://mm.icann.org/mailman/listinfo/ws2-jurisdiction>
>
>
> <http://www.avg.com/email-signature?utm_medium=email&utm_source=link&utm_campaign=sig-email&utm_content=emailclient>
> Virus-free. www.avg.com
> <http://www.avg.com/email-signature?utm_medium=email&utm_source=link&utm_campaign=sig-email&utm_content=emailclient>
>
>
> <#DAB4FAD8-2DD7-40BB-A1B8-4E2AA1F9FDF2>
>
>
> _______________________________________________
> Ws2-jurisdiction mailing list
> Ws2-jurisdiction at icann.org
> https://mm.icann.org/mailman/listinfo/ws2-jurisdiction
--
Matthew Shears
matthew at intpolicy.com
+447712472987
Skype:mshears
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/ws2-jurisdiction/attachments/20170609/9555114a/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 2044 bytes
Desc: not available
URL: <http://mm.icann.org/pipermail/ws2-jurisdiction/attachments/20170609/9555114a/image001-0001.jpg>
More information about the Ws2-jurisdiction
mailing list