Hello all, The notes, recordings and transcripts for CCWG Accountability WS2 Jurisdiction Subgroup Meeting #25 – 04 April 2017 will be available here: https://community.icann.org/x/TL-RAw A copy of the agenda and notes may be found below. Kind Regards, Yvette Guigneaux (MSSI) Multistakeholder Strategy & Strategic Initiatives Projects & Operations Assistant. ICANN – Internet Corporation for Assigned Names and Numbers Email: yvette.guigneaux@icann.org Cell: +1-310-460-8432 Skype: yvette.guigneaux.icann www.icann.org<http://www.icann.org/> [cid:image002.png@01D2ACD1.B5AB4B10] ________________________________ Jurisdiction Subgroup Meeting #25 04 April 2017 @ 19:00 UTC This meeting will be recorded. Please mute your phone when not speaking by pressing *6 (star 6) *6 will also unmute. Apologies: Paul Rosenzweig, Andreea Brambilla, Avri Doria Agenda: 1. Welcome 2. Review of Agenda (2 minutes) 3. Administration (1 minute) a. Changes to SOIs b. Identify Audio Only and Phone Number Participants 4. Status of Questions to ICANN Legal 5. Review of decisions and action items from last call (2 minutes) a. Decisions – none b. Action Items: - Add Christopher Wilkinson to Questionnaire Review/Evaluation Team (GSS/Staff) (completed) - Create email address/list for Questionnaire Review/Evaluation Team (Staff) (completed) - Create email address/list for Questionnaire Review/Evaluation Team (Staff) (completed) 6. Update on Questionnaire (2 minutes) a. No new submissions 7. Review of ICANN’s past and current litigation a. Pool.com (MW) b. Updated reviews (MW) 8. Review of Working Method (30 minutes) a. Current approach to work b. Issues and Concerns 9. AOB 10. Next meeting 11 April 1300UTC 11. Adjourned Notes (includes relevant text from chat): 1. Welcome Greg is running a few minutes late, the call will start momentarily. 2. Review of Agenda No changes to agenda. 3. Administration a. Changes to SOIs No changes to SOIs. b. Identify Audio Only and Phone Number Participants Kavouss Arasteh will be out of the AC room for the last 10 min of the call. Seun Ojedeji on audio. 4. Status of Questions to ICANN Legal Bernie - Sam is actively working on this request. Staff will follow-up this week. 5. Review of decisions and action items from last call a. Decisions: none b. Action Items: - Add Christopher Wilkinson to Questionnaire Review/Evaluation Team (GSS/Staff) (completed) - Create email address/list for Questionnaire Review/Evaluation Team (Staff) (completed) - Create email address/list for Questionnaire Review/Evaluation Team (Staff) (completed) 6. Update on Questionnaire a. No new submissions Greg - It's not too late to promote the questionnaire or respond to the questionnaire. 7. Review of ICANN’s past and current litigation David McAuley - started working on namespace case. Bernie - sign up sheet can be found at: https://docs.google.com/document/d/1oo9oDJuuxFz1UUNaBfHeor7HPhJ5XcRHFTq3hjRltOM/edit[docs.google.com]<https://urldefense.proofpoint.com/v2/url?u=https-3A__docs.google.com_document_d_1oo9oDJuuxFz1UUNaBfHeor7HPhJ5XcRHFTq3hjRltOM_edit&d=DwMFaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=tihW1uCnFwXm_sH9wNMai3y0xxhhePS6f2Cyln3oOJf49IevVWeqHegteH8rLf_J&m=aZFSjmO76ez5H4_Lfi6LSFiWuGaLRiUCz0fEKhHs-yQ&s=aLjy9ZSEJSpndPRvAmRQhzyX9oxvtGwMuINsRMmN0_c&e=> a. Pool.com (MW) Mathieu Weill (MW) presented review of pool.com litigation. Greg - Seun had some comments on the mailing list earlier today, but is not connected right now. David McAuley - I take it this case was not appealed? MW - no, it was dropped. Greg - was it dropped because the parties settled? MW - I think there was a settlement, but that's my interpretation, there is no mention of that in the case. Kavouss - was the case dropped by the court? what would have happened if it had not been dropped? MW - Ottawa is a city in Ontario, in Canada. I cannot say what would have happened if the case had not been dropped. Greg - the plaintiff must have dropped it, the court would have dismissed it, court cannot drop it, only the plaintiff can. David - I believe this subject is part of the questions that were sent to ICANN Legal. Kavouss - I hope we can find a case outside of the US where the case was not dropped. Greg - that was the only case that was outside of the US, all others listed are in the US. MW - confirming what Greg indicated. That in itself is an interesting finding. Kavouss - could we look into cases where the plaintiff is a non US? Mathieu Weill: Non US Plaintiff are useful to look at indeed. Such as DitAfrica ? Kavouss - do we have cases in countries where ICANN doesn't have offices? Greg - I believe we should get answer to that question from ICANN Legal. b. Updated reviews (MW) 8. Review of Working Method a. Current approach to work Kavouss - the people who raise the concerns that our working methods are not taking us anywhere should attend the calls so we can discuss. We also need answers from ICANN Legal in order to move the work forward. DM - looking at past litigations, and the questionnaire, all this seems to be very sensible and legitimate. Seun - It's not necessarily a complete exercise that we are doing. We are only looking at past experiences. MW - this conversation highlights the need to clarify the various tracks of work that we are currently working on. Past litigations is one, questions to ICANN Legal is another, and the questionnaire is a 3rd. We have been requested to provide an update to the plenary of what we are currently working on, and what the next steps will be. Greg - I don't think that any of the work that we are doing is intended to create the impression that we fill time. We still need to clarify the mandate of the group, but we have taken steps to find the facts. Our working method is to look for issues, and then to find remedies. Seun - yes, but for now we have only been looking for issues in the past, we have not looked into potential issues in the future. Mathieu Weill: Potential issues in the future is a definition of Risks. Greg - looking for potential issues is not part of our mandate. Greg - I will prepare a status of where we are, and will submit it to the mailing list. MW - maybe we could invite the persons who commented on the mailing list to join us in the next subgroup call. Greg - good suggestion, let's do that. b. Issues and Concerns 9. AOB None raised. 10. Next meeting 11 April 1300UTC 11. Adjourned