Dear All,The statement made or the trasncript made on my behalf is WRONGI THEREFORE CORRECT THATKavouss Arasteh: is in favor of Applicable Law2016-09-10 10:50 GMT+02:00 MSSI Secretariat <mssi-secretariat@icann.org>:Hello all,
The notes, recordings and transcripts for CCWG Accountability WS2 Jurisdiction Subgroup Meeting #2 – 8 September 2016 will be available here: https://community.icann.
org/x/YhKsAw
A copy of the notes may be found below.
Thank you.
With kind regards,
Brenda Brewer
MSSI Projects & Operations Assistant
ICANN - Internet Corporation for Assigned Names and Numbers
Notes
Welcome/Admin
Tatiana Tropina audio only for
the moment. No changes to SOIs.
• Meeting Time Rotation
Greg Shatan: will rotate betwe
en 1300 and 1900 slots leaving aside the 0500. May vary days of the week but will avoid 1900 on Friday. Kavouss Arasteh: could we shif
t 1900 to 2000? Bernard Turcotte: Schedule wil
l be reviewed with change to daylight savings later in the fall. • Work Plan and Schedule Over
view (attached). Looking to have a deliverable complete in February 2017. Greg Shatan: This work plan as
sumes we are a Complex project . Presentation of the slide. Milton Mueller: this schedule
seems unrealistic to me. We ta ke 2.5 months to develop a wor k plan and don't talk substanc e until December, then we complete our "deliverable" in only one month? David McAuley: We may be able
to get into substance by askin g participants to contribute to a gap analysis between the accountability framework that is being implemented vs its ap plicability vs jurisdictions. Greg Shatan: Need a rolling li
st of action items. The first item should be this gap analys is. Farzaneh Badii: Greg as to gap
analysis you say in the doc that: I think there was a gene ral conclusion that ICANN's current jurisdiction didn't re sult in any significant "gaps"
relating to ICANN accountability. Whether there is a formal "gap analysis" is another question, and one we need to explore. David McAuley: Do not remember
any formal gap analysis from WS1. This is about the settlement of disputes jursidiction. Kavouss Arasteh: there was no formal c
onclusion in WS1 that there wa s no gap. Kavouss Arasteh: was NOTa g
eneral conclusion that ICANN's current jurisdiction didn't r esult in any significant "gaps " relating to ICANN accountabi lity. Whether there is a
formal "gap analysis" is another question, and one we need to explore. Jorge Cancio (GAC Switzerland): We h
ad very general discussions - that is what we did... Jorge Cancio (GAC Switzerland): anyw
ay what is on the ws1 final pa pers is what represents our ag reements... David McAuley: agree w/Kavouss
re gap - we have to check • Plan to Develop Detailed Wo
rk Plan & Schedule • Plan for September/
October (see attached) • Suggestions for ove
rall Work Plan • Our Goal is a Deliv
erable • Discussion of Scope
• Do we begin with Sc
ope? • Jordan Car
ter lightning talk suggested being “upfront about our interests” • Detailed Reading of
Google Doc (Staff Paper, as revised and annotated by Membe rs of Subgroup) Kavouss Arasteh: Not in favor of Appl
icable Law? Greg Shatan: no issue since it
is in Annex 12. David McAuley: disputes should
include legal actions vs ICANN in various jurisdictions ? Milton Mueller: so jurisdictio
nal effects on two distinct things: 1) accountability mechanisms; 2) actual operation of policies (whateve r that means) And by 2) we are referring
primarily to dispute resolution jorge cancio (GAC Switzerland)
: At the same time we said that this refers "primarily" to 1) settlement of disputes, inc luding choice of jurisdiction and applicable laws, what disputes "within ICANN" m eans could also be useful. Greg Shatan: Within ICANN implies actors within IC
ANN but it would seem undluly restrictive to say this only includes ICANN's internal dispute resolution processes. jorge cancio (GAC Switzerland)
: within ICANN I guess coversall parties affected by ICANN decisions and which may bring an internal claim agains t it. Kavouss Arasteh: why NOT NECESSARILY?
David McAuley: From WS1 recoll
ection the NECESSARILY comes in if the gap analysis notes that the accountability mechan isms are broken (material problem) because of jurisdicti on. Edward Morris: My recollection
is the same as David's David McAuley: Thanks Kavouss,
and I think that is part of o ur task. Good question you ask ed. Milton Mueller: I think many o
f these points could be best p ursued on the list, in writing David McAuley: +1 Milton
Avri Doria: so ICANN is only i
ncorporated in one place and t hese lesser 'registrations' do not affect jurisdiction? Registrations and their relati on to incorporation are essent ially different with respect to jurisdictional obligations? Is so where are jurisdictional issues related to multiple registrations dealt with? Vinay Kesari: Agree with Paul.
I think ICANN has gone on rec ord stating specifically that local offices are subject to local laws on issues such as employment. Kavouss Arasteh: best to use both emai
l list and Google doc. As to this question is it not too detailed at this time? Avri Doria: what is the status
of the ICANN presence in non- US jurisdiction? Greg Shatan: Action Item - thi
s should be answered by ICANN legal. Samantha Eisner: We have to ad
here to laws that allow us to have offices in different loca tions but I can confirm that we have not incorporated in any other location Samantha Eisner: ICANN typical
ly is a "branch" location or a registered foreign office equivalent Jeff Neuman: I would like to k
now the difference between "En gagement Centers", "HUBs", "Of fices", etc/ Avri Doria: Not incorporated? Also not registered as some so
rt of company? Jeff Neuman: Is there a way to
get those definitions from IC ANN staff? Jeff Neuman: I have to admit I
never understood Fadi's disti nctions Samantha Eisner: Yes, Jeff
Greg Shatan: Will start the next version of
the google doc and circulate. Vinay Kesari: Hi Avri, many co
untries (India for example) al low a foreign company to set up a
representative/ branch officelocally. This is not a separat e legal entity, can't sue/ be sued. But it
requires a registration• Creation of Scope D
ocument? • Other Potential Inputs to o
ur Work • More Detailed Revie
w of Lightning Talks • Pertinent Literatur
e (influenced by Scope) • Experts/Legal Advic
e • AOB
• Adjourn
Greg Shatan: Adjourned
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