- Gnso-igo-ingo-crp - lists.icann.org

Scheduling the next few meetings for our Working Group
by Mary Wong April 28, 2016

April 28, 2016

Dear all, Due to some scheduling conflicts that have arisen since our last call, our Working Group co-chairs, Petter and Phil, as well as staff would like to propose the following new days and times for the next two Working Group calls: * Thursday 5 May, 1600 UTC, to discuss your feedback and questions for Prof Swaine on his final memo * Thursday 19 May, 1600 UTC (pending Prof Swaine’s availability), to discuss his responses to our feedback and questions Due, again, to scheduling conflicts, there will not be any Working Group calls on 12 or 26 May (both Thursdays); however, it is likely that we will continue to schedule calls at this time on Thursdays in June, up to the dates of the ICANN56 meeting in Helsinki. As such, please let us know as soon as possible if you absolutely cannot participate in any Working Group calls on these dates and times. Thank you! Cheers Mary Mary Wong Senior Policy Director Internet Corporation for Assigned Names and Numbers (ICANN) Email: mary.wong(a)icann.org<mailto:mary.wong@icann.org> Telephone: +1-603-5744889

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Final opinion memo from Professor Edward Swaine
by Mary Wong April 26, 2016

April 26, 2016

Dear Working Group members, I am pleased to attach the final version of the memo that Professor Edward Swaine prepared for our Working Group, in accordance with the terms of reference that were provided to him. As noted previously, Petter and Phil have already seen a near-final version of this document, which in its final form does not change the substantive points made in the version they saw. You will note that although the memo is not structured strictly as individual answers to the questions we posed, Professor Swaine has tried to address all the specific points for which we had questions. He has also offered a few possible ideas for the Working Group to consider as we move forward with our discussions, which staff believes wasreasonable to include in his expert advice. Please look for a further note confirming the time and date of the next Working Group meeting to discuss your feedback and questions on Professor Swaine’s memo. Petter and Phil would like to gather these and invite Professor Swaine to a subsequent Working Group call to respond to or elaborate on his written advice, as appropriate. Thanks and cheers Mary Mary Wong Senior Policy Director Internet Corporation for Assigned Names and Numbers (ICANN) Email: mary.wong(a)icann.org Telephone: +1-603-5744889

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IGO-INGO Curative Rights Protection PDP -- update?
by George Kirikos April 20, 2016

April 20, 2016

It's been a while....do we have any updates on the Swaine report, etc? Sincerely, George Kirikos 416-588-0269 http://www.leap.com/

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FW: Article 6ter: Semi-annual publication of communications
by Phil Corwin March 31, 2016

March 31, 2016

FYI….nine IGOs have invoked their Article 6ter rights over the past six months Philip S. Corwin, Founding Principal Virtualaw LLC 1155 F Street, NW Suite 1050 Washington, DC 20004 202-559-8597/Direct 202-559-8750/Fax 202-255-6172/Cell Twitter: @VlawDC "Luck is the residue of design" -- Branch Rickey From: World Intellectual Property Organization [mailto:newsletters=wipo.int@mail51.atl91.mcsv.net] On Behalf Of World Intellectual Property Organization Sent: Thursday, March 31, 2016 11:05 AM To: Phil Corwin Subject: Article 6ter: Semi-annual publication of communications Additions & changes under Article 6ter View online<http://us8.campaign-archive2.com/?u=ebfb4bd1ae698020adc01a4ce&id=35e83a62c8…> [https://gallery.mailchimp.com/ebfb4bd1ae698020adc01a4ce/images/543cea42-6c5…]<http://wipo.us8.list-manage2.com/track/click?u=ebfb4bd1ae698020adc01a4ce&id…> <http://wipo.us8.list-manage2.com/track/click?u=ebfb4bd1ae698020adc01a4ce&id…>[World Intellectual Property Organization]<http://wipo.us8.list-manage2.com/track/click?u=ebfb4bd1ae698020adc01a4ce&id…><http://wipo.us8.list-manage2.com/track/click?u=ebfb4bd1ae698020adc01a4ce&id…> Article 6ter Updates MARCH 31, 2016 Please note that the semi-annual publication of communications under Article 6ter, dated March 31, 2016, is now available through the Article 6ter Express database<http://wipo.us8.list-manage1.com/track/click?u=ebfb4bd1ae698020adc01a4ce&id…>. SIGNS ADDED States * Italy: 9 armorial bearings (IT33 to IT41) * France: 1 State emblem (FR4) International Intergovernmental Organizations * International Investment Bank (IIB): 3 signs (QO11637 to QO1639) * International Organisation of Vine and Wine (OIV): 13 signs (QO1640 to QO1652) * NATO Communications and Information Organization (NCIO): 3 signs (QO1653 to QO1655) * European Council / Council of the European Union: 50 signs (QO1656 to QO1705) * Asian Infrastructure Investment Bank (AIIB): 5 signs (QO1706 to QO1710) * New Development Bank (NDB): 2 signs (QO1711 and QO1712) * Organisation for the Exploitation of Meterological Satellites (EUMETSAT): 2 signs (QO1713 and QO1714) * Commission Bancaire de l’Union Monétaire Ouest Africaine (UMOA): 2 signs (QO1715 and QO1716) * European Union Intellectual Property Office (EUIPO): 30 signs (QO1717 to QO1746) CHANGES CONCERNING EXISTING RECORDS States * CA24: withdrawal of objection * CR1: objection * ES11: objection * HU43 and HU44: objections International Intergovernmental Organizations * QO1574 to QO1579: change of address in the bibliographical data Follow us on social media <http://wipo.us8.list-manage.com/track/click?u=ebfb4bd1ae698020adc01a4ce&id=…>[https://gallery.mailchimp.com/ebfb4bd1ae698020adc01a4ce/images/f1ff5f1a-814…]<http://wipo.us8.list-manage.com/track/click?u=ebfb4bd1ae698020adc01a4ce&id=…><http://wipo.us8.list-manage.com/track/click?u=ebfb4bd1ae698020adc01a4ce&id=…> Twitter<http://wipo.us8.list-manage2.com/track/click?u=ebfb4bd1ae698020adc01a4ce&id…> <http://wipo.us8.list-manage.com/track/click?u=ebfb4bd1ae698020adc01a4ce&id=…>[https://gallery.mailchimp.com/ebfb4bd1ae698020adc01a4ce/images/69e732f0-6ae…]<http://wipo.us8.list-manage.com/track/click?u=ebfb4bd1ae698020adc01a4ce&id=…><http://wipo.us8.list-manage.com/track/click?u=ebfb4bd1ae698020adc01a4ce&id=…> YouTube<http://wipo.us8.list-manage2.com/track/click?u=ebfb4bd1ae698020adc01a4ce&id…> <http://wipo.us8.list-manage.com/track/click?u=ebfb4bd1ae698020adc01a4ce&id=…>[https://gallery.mailchimp.com/ebfb4bd1ae698020adc01a4ce/images/beb735cb-147…]<http://wipo.us8.list-manage.com/track/click?u=ebfb4bd1ae698020adc01a4ce&id=…><http://wipo.us8.list-manage.com/track/click?u=ebfb4bd1ae698020adc01a4ce&id=…> Facebook<http://wipo.us8.list-manage2.com/track/click?u=ebfb4bd1ae698020adc01a4ce&id…> <http://wipo.us8.list-manage.com/track/click?u=ebfb4bd1ae698020adc01a4ce&id=…>[https://gallery.mailchimp.com/ebfb4bd1ae698020adc01a4ce/images/350018b7-ec4…]<http://wipo.us8.list-manage.com/track/click?u=ebfb4bd1ae698020adc01a4ce&id=…><http://wipo.us8.list-manage.com/track/click?u=ebfb4bd1ae698020adc01a4ce&id=…> Flickr<http://wipo.us8.list-manage.com/track/click?u=ebfb4bd1ae698020adc01a4ce&id=…> We sent you this e-mail because you signed up to receive information from WIPO. 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Working Group meeting at ICANN55
by Mary Wong March 8, 2016

March 8, 2016

Dear all, Thanks to George for posting the link for remote participation in our Working Group meeting that’s scheduled for Wednesday morning in Marrakech. Please find attached a slightly revised synopsis from Professor Swaine that he prepared following feedback from our last WG meeting and discussion between him and our WG co-chairs. As mentioned during our last call, we will use the attached document during our community session tomorrow. Thanks and cheers Mary Mary Wong Senior Policy Director Internet Corporation for Assigned Names and Numbers (ICANN) Email: mary.wong(a)icann.org Telephone: +1-603-5744889 On 3/5/16, 13:09, "gnso-igo-ingo-crp-bounces(a)icann.org on behalf of George Kirikos" <gnso-igo-ingo-crp-bounces(a)icann.org on behalf of icann(a)leap.com> wrote: >To save folks the trouble of looking it up, here's a direct link to >our session in the schedule: > >https://meetings.icann.org/en/marrakech55/schedule/wed-igo-ingo-crp > >9 am Marrakech local time (on Wednesday) would be 4 am Eastern time >(New York, Toronto, etc.) or 1 am Pacific time (Los Angeles, Seattle, >etc.). > >Sincerely, > >George Kirikos >416-588-0269 >http://www.leap.com/ > > >On Fri, Mar 4, 2016 at 6:11 PM, Nathalie Peregrine ><nathalie.peregrine(a)icann.org> wrote: >> Dear all, >> >> In the event that you would like to join the ICANN55 meetings remotely, we >> would like to remind you that several options are available to connect via >> audio. >> >> The audio bridge. This is by far the most reliable connection. You need to >> dial in via telephone and provide the audio passcode orally to the operator. >> All GNSO open dial in information can be found here: >> https://community.icann.org/x/YRmAAw >> Audio in Adobe Connect room: This is streaming only, so all questions/ >> comments must be made in the chat, or via the telephone. AC rooms are also >> posted here: https://community.icann.org/x/YRmAAw >> Audio cast live stream which can be found on the meeting page of the meeting >> you would like to listen in on, from the main meeting schedule. >> >> >> Please let us know if you have many questions. If you do require a telephone >> dial out, please email gnso-secs(a)icann.org specifying the title and time and >> date of the session concerned. >> >> Kind regards >> >> Nathalie >> >> >> >> _______________________________________________ >> Gnso-igo-ingo-crp mailing list >> Gnso-igo-ingo-crp(a)icann.org >> https://mm.icann.org/mailman/listinfo/gnso-igo-ingo-crp >_______________________________________________ >Gnso-igo-ingo-crp mailing list >Gnso-igo-ingo-crp(a)icann.org >https://mm.icann.org/mailman/listinfo/gnso-igo-ingo-crp

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Reminder audio connection for remote participants ICANN55
by Nathalie Peregrine March 5, 2016

March 5, 2016

Dear all, In the event that you would like to join the ICANN55 meetings remotely, we would like to remind you that several options are available to connect via audio. 1. The audio bridge. This is by far the most reliable connection. You need to dial in via telephone and provide the audio passcode orally to the operator. All GNSO open dial in information can be found here: https://community.icann.org/x/YRmAAw 2. Audio in Adobe Connect room: This is streaming only, so all questions/ comments must be made in the chat, or via the telephone. AC rooms are also posted here: https://community.icann.org/x/YRmAAw 3. Audio cast live stream which can be found on the meeting page of the meeting you would like to listen in on, from the main meeting schedule. <https://meetings.icann.org/en/marrakech55/schedule-full> Please let us know if you have many questions. If you do require a telephone dial out, please email gnso-secs(a)icann.org<mailto:gnso-secs@icann.org> specifying the title and time and date of the session concerned. Kind regards Nathalie

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With Updated AC Chat: IGO-INGO Curative Rights Protection PDP WG Meeting - Wednesday 2 March 2016 at 17:00 UTC
by Nathalie Peregrine March 3, 2016

March 3, 2016

Dear all, Please find attendance email with the updated AC chat. Thank you so much to Paul for pointing this out! Apologies for the inconvenience, Kind regards Nathalie From: Paul Tattersfield <gpmgroup(a)gmail.com<mailto:gpmgroup@gmail.com>> Date: Wednesday, March 2, 2016 at 11:46 PM To: Nathalie Peregrine <nathalie.peregrine(a)icann.org<mailto:nathalie.peregrine@icann.org>> Cc: "gnso-igo-ingo-crp(a)icann.org<mailto:gnso-igo-ingo-crp@icann.org>" <gnso-igo-ingo-crp(a)icann.org<mailto:gnso-igo-ingo-crp@icann.org>> Subject: Re: [Gnso-igo-ingo-crp] IGO-INGO Curative Rights Protection PDP WG Meeting - Wednesday 2 March 2016 at 17:00 UTC Hi Nathalie, Just to let you know, the attached chat transcript is from an earlier meeting. Best regards, Paul. On Wed, Mar 2, 2016 at 10:01 PM, Nathalie Peregrine <nathalie.peregrine(a)icann.org<mailto:nathalie.peregrine@icann.org>> wrote: Dear All, Please find the MP3 recording for the IGO-INGO Curative Rights Protection PDP WG Meeting held on Wednesday 2 March 2016 at 17:00 UTC at:http://audio.icann.org/gnso/gnso-crp-pdp-02mar16-en.mp3<http://mailer.samanage.com/wf/click?upn=NrFWbrBstcrPWP369qgbqlXiSKeL20xnUXz…> On page:<http://gnso.icann.org/en/group-activities/calendar#dec>http://gnso.icann.org/en/group-activities/calendar#m<http://gnso.icann.org/en/group-activities/calendar#mar>ar<http://gnso.icann.org/en/group-activities/calendar#mar> The recordings and transcriptions of the calls are posted on the GNSO Master Calendar page: http://gnso.icann.org/en/group-activities/calendar<http://gnso.icann.org/en/group-activities/calendar#nov> Attendees: David Maher - PIR George Kirikos - Individual Jim Bikoff - IPC Paul Tattersfield - Individual Petter Rindforth - IPC Phil Corwin - BC Jay Chapman - Individual Paul Keating - NCUC Rudi Vansnick - NPOC Reg Levy - RySG Apologies: Osvaldo Nova – ISPCP Mason Cole - RySG Mary Wong ICANN staff: Steve Chan Mary Wong Nathalie Peregrine ** Please let me know if your name has been left off the list ** Mailing list archives: http://mm.icann.org/pipermail/gnso-igo-ingo-crp/ Wiki page: https://community.icann.org/x/2YJEAg Thank you. Kind regards, Nathalie Peregrine ------------------------------- Adobe Connect chat transcript for Wednsday 2 March 2016 Nathalie Peregrine:Dear all, welcome to the IGO-INGO Curative Rights Protection PDP WG Meeting on the 2nd March 2016 Nathalie Peregrine:Rudi Vansick has joined the call Rudi Vansnick:sorry being late Nathalie Peregrine:Paul Tattersfield has joined the cal Paul Tattersfield:sorry for being late Mary Wong:From what we can tell, the substantive analysis is completed. Mary Wong:23 pages with footnotes Nathalie Peregrine:Kathy Kleiman has joined the call Paul Tattersfield:I was a bit concerned with the definitions for different types of immunity for example state immunity and sovereign immunity are not necessarily synonymous in some jurisdictions. I think perhaps it would be helpful if these could be more closely defined Rudi Vansnick:question : does sovereignity imply by default immunity in these cases ? Jay Chapman:agree with Paul & George's re - recommendations/alternatives are beyond the Professor's mandate George Kirikos:As noted in email yesterday, the IGOs could also waive their immunity IMPLICITLY (not just relying on EXPLICIT WAIVER). George Kirikos:World Bank had some language (that I emailed yesterday) about beefing up the explicit waiver language. George Kirikos:The waiver happens at the UDRP provider, when the IGO initiates the dispute. Rudi Vansnick:very interesting discussion as I'm not a lawyer I'm learning a lot here ;-) Rudi Vansnick:what if national law is conflicting towards the immunity ? George Kirikos:As a counter-example to his #2, another option (one which is less intrusive) is to allow the IGO to have the dispute brought by an agent, one who waives immunity (e.g. the Solicitor General in the country of the domain name registrant). That's an option I've mentioned before, which balances the registrant's rights. George Kirikos:So, when he says "The final memo will include a draft provision along these lines" (near the very end), can we hold a vote now to kill that? George Kirikos:Or, advise him? George Kirikos:What time is the meeting next week, Eastern Time? Mary Wong:@Phil, yes. We will also inform the GAC and IGO reps of the session. Paul Keating:I would prefer that the synopsis be edited to remove the references to the alternative arbitration suggestion George Kirikos:5 hours time difference. Paul Tattersfield:utc isn'y it? George Kirikos:Here's a reminder of what the Professor was asked (the 4 questions):http://mm.icann.org/pipermail/gnso-igo-ingo-crp/2015-December/00… George Kirikos:He should just stay in scope, instead of going beyond that. Paul Tattersfield:Agree Jim very important George Kirikos:Swaine isn't a policy setter -- we just want the facts on existing law. Jay Chapman:Agree. Request that point 2 (and the paragraph following) be removed from the synopsis George Kirikos:The existence of #2 would have an "anchoring" effect, which would prejudice our own discussions. Paul Tattersfield:+1 George George Kirikos:I would just refer him back to the 4 specific questions he was asked. Rudi Vansnick:i agree with Petter Rudi Vansnick:if we remove 2 people could think it was not taken in consideration Paul Tattersfield:If you keep first paragraph of 2 then “There are” should be replaced with “Any” Petter Rindforth:Rudi: yes I that's a risk Petter Rindforth:Taka away the numbers is likely to most esy way to solve this right now Petter Rindforth:I'll be there from Saturday afternoon (late) George Kirikos:I had my hand up too. Petter Rindforth:Ok with me George Kirikos:Click "Agree" Mary Wong:OK got it - we will communicate as such (remove second paragraph from Section 2) to Prof. Swaine by this weekend. Paul Tattersfield:agree Mary Wong:For purposes of discussion at our session next week. George Kirikos:Sorry, change my vote to delete the entire thing. George Kirikos:Yes, Phil. Kathy Kleiman:I support David Rudi Vansnick:i prefer keeping 2 in Mary Wong:OK - sorry for jumping the gun. Rudi Vansnick:keep first paragraph of 2 George Kirikos:I would delete it all. Paul Tattersfield:is it too late to reword the 1st paragraph of 2? Paul Keating:Sorry but I must leave for another call. I am fine with either deleting all of 2 or keeping only the 1st paragraph of #2. I leave it to you but I dont thiink there is a sufficient consensus to deltete the entire #2 Mary Wong:@Paul T - since we are talking about what to use for our meeting next week, I'm afraid so. George Kirikos:Is there any chance of moving the time of the meeting to noon (local time), which would make it 7 am Eastern time? (makes it accessible to more of us on the East Coast of the USA) George Kirikos:Otherwise, 9 am Marrakech time = 4 am Eastern time Mary Wong:@George, we are told the schedule is locked so it may be very difficult. George Kirikos:Oh, ok, Mary. Will need to pull an all-nighter. :) Rudi Vansnick:are there know samples ? Mary Wong:Sorry, George - will let you know if anything changes. George Kirikos:Here are the 4 questions: http://mm.icann.org/pipermail/gnso-igo-ingo-crp/2015-December/000464.html George Kirikos:(have to scroll down, to see them) George Kirikos:He might want to reformat it, then, to make our job easier? Rudi Vansnick:it is Nathalie Peregrine:Corretc WET is UTC George Kirikos:Bye everyone. Have a great day! Paul Tattersfield:If the meetings were on Monday’s it would give more time in these circumstances Rudi Vansnick:bye till soon in Marrakech Kathy Kleiman:Safe travels, All! Paul Tattersfield:Bye Jay Chapman: goodbye

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IGO-INGO Curative Rights Protection PDP WG Meeting - Wednesday 2 March 2016 at 17:00 UTC
by Nathalie Peregrine March 2, 2016

March 2, 2016

Dear All, Please find the MP3 recording for the IGO-INGO Curative Rights Protection PDP WG Meeting held on Wednesday 2 March 2016 at 17:00 UTC at:http://audio.icann.org/gnso/gnso-crp-pdp-02mar16-en.mp3<http://mailer.samanage.com/wf/click?upn=NrFWbrBstcrPWP369qgbqlXiSKeL20xnUXz…> On page:<http://gnso.icann.org/en/group-activities/calendar#dec>http://gnso.icann.org/en/group-activities/calendar#m<http://gnso.icann.org/en/group-activities/calendar#mar>ar<http://gnso.icann.org/en/group-activities/calendar#mar> The recordings and transcriptions of the calls are posted on the GNSO Master Calendar page: http://gnso.icann.org/en/group-activities/calendar<http://gnso.icann.org/en/group-activities/calendar#nov> Attendees: David Maher - PIR George Kirikos - Individual Jim Bikoff - IPC Paul Tattersfield - Individual Petter Rindforth - IPC Phil Corwin - BC Jay Chapman - Individual Paul Keating - NCUC Rudi Vansnick - NPOC Reg Levy - RySG Apologies: Osvaldo Nova – ISPCP Mason Cole - RySG Mary Wong ICANN staff: Steve Chan Mary Wong Nathalie Peregrine ** Please let me know if your name has been left off the list ** Mailing list archives: http://mm.icann.org/pipermail/gnso-igo-ingo-crp/ Wiki page: https://community.icann.org/x/2YJEAg Thank you. Kind regards, Nathalie Peregrine ------------------------------- Adobe Connect chat transcript for Wednsday 16 December 2015 Nathalie Peregrine:Dear all, welcome to the IGO-INGO Curative Rights Protection PDP WG Meeting on the 16th December 2015 George Kirikos:Hi folks. Paul Tattersfield:Hi George, Everyone Petter Rindforth:Hi all, nice to "see" you again! George Kirikos:Hi Paul and Petter. How are you today? Paul Tattersfield:How's Canada - still snowing? George Kirikos:No snow yet in Toronto. :-) Paul Tattersfield:Greate thanks George and you? Paul Tattersfield:It's strange Peter we feel we can "see" each other but if we met in the real world we might be surprised how different we all looked :) George Kirikos:The internet isn't real?!?!?!? ;-) George Kirikos:(I'd use the phrase 'offline world' instead) :-) Paul Tattersfield:The Intenet is amazing I can get a new site out to Shanghai in under 2 seconds and most of Europe in under .4 seconds George Kirikos:Sorry to hear about the attacks in France, Nathalie. How are things these days? Nathalie Peregrine:thank you for thet George, very sweet of you. George Kirikos:(and Glen too) glen de saint gery:Thank you for thinking of us George, we really appreciate it George Kirikos:Here was Phil's email, in case folks missed it:http://mm.icann.org/pipermail/gnso-igo-ingo-crp/2015-December/000465.html Nathalie Peregrine:Kathy Kleiman has joined the AC room George Kirikos:Of course, we know IGOs (e.g. World Bank) have already used the UDRP, courts, etc. Steve Chan:I'll pass along a message to Mary to infor the WG if there is any additional information re: the small group work Kathy Kleiman:Whew, finally online. It took a long time to connect via Adobe, but I have been listening on the phone line too. George Kirikos:Just in time for the meeting's end, Kathy. :-) Paul Tattersfield:Kathy, I came early because last tiem I had problems with AC - this time, it went straight in! Lori:No problems today either. I usually have to access the screen for the presentation and then dial in. Kathy Kleiman:@George: better late than never :-) Philip Corwin:Welcome Kathy. If you read my email you already know what I reported. Kathy Kleiman:yes, I read your report, and thank you for all your work, Phil!! Philip Corwin:Very welcome George Kirikos:ICANN55 is early March (March 5-10, 2016), so if the report comes in late January, it might be tough to get things done by early March. George Kirikos:ICANN56 = June 27-30, 2016 (in Panama) Lori:Also tough with all eyes on accountability Lori:which is imploding George Kirikos:Bye everyone. Happy holidays! Paul Tattersfield:Bye all, just to add, you did a very good job Phil, it's great to see all the efforts you have being put in on behalf of the working group taking shape. Lori:Happy Holidays everyone! Kathy Kleiman:Happy Holidays, All! Lori:Yes, Phil is a fabulous co-chair Kathy Kleiman:Tx Petter and Phil and All. Jay Chapman:thanks, All. Happy Holidays everyone! Lori:ciao

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Synopsis from Prof. Edward Swaine - WG call this week?
by Mary Wong March 1, 2016

March 1, 2016

Dear all, Please find attached the synopsis document from Professor Swaine that Phil referred to in his email update to our Working Group (below). As Phil mentioned, his and Petter’s plan is to use this as the basis for discussion during the WG meeting at ICANN55, which is currently scheduled for Wednesday 9 March. However, should you wish to hold a brief discussion this Wednesday (at our usual meeting time of 1700 UTC) to provide initial feedback on the attached synopsis as a preparatory step to the fuller discussion next week, please reply to this email accordingly. If a sufficient number of members indicate that they would like to meet this week as well, we will go ahead and schedule a call accordingly. Thanks and cheers Mary Mary Wong Senior Policy Director Internet Corporation for Assigned Names and Numbers (ICANN) Email: mary.wong(a)icann.org Telephone: +1-603-5744889 From: <gnso-igo-ingo-crp-bounces(a)icann.org<mailto:gnso-igo-ingo-crp-bounces@icann.org>> on behalf of Phil Corwin <psc(a)vlaw-dc.com<mailto:psc@vlaw-dc.com>> Date: Saturday, February 20, 2016 at 12:20 To: George Kirikos <icann(a)leap.com<mailto:icann@leap.com>> Cc: "gnso-igo-ingo-crp(a)icann.org<mailto:gnso-igo-ingo-crp@icann.org>" <gnso-igo-ingo-crp(a)icann.org<mailto:gnso-igo-ingo-crp@icann.org>> Subject: Re: [Gnso-igo-ingo-crp] Any update on Swaine report? Dear IGO CRP WG Members: Here is a further update on the situation as regards Prof. Swaine’s legal research. Petter and I, along with Mary and Steve, engaged in a one hour call yesterday with Prof. Swaine in which we discussed our questions and comments regarding the current uncompleted draft report, as well as the needs of the WG in preparation for Marrakech. Prof. Swaine is not comfortable with having an incomplete document bearing his name in wider circulation, and we fully appreciate that viewpoint. In addition, due to his academic responsibilities for the remainder of this month, he does not believe he will be able to complete a final draft prior to a potential 3/2 WG call or our F2F meeting in Marrakech (which is currently scheduled to take place from 9-10:15 am on Wednesday, March 9). However, he did commit to provide our WG with a synopsis of his research to date in the next week to ten days, which will provide us a focus for an anticipated WG planning call on 3/2. The same document can be used to catalyze discussion in Marrakech – and we plan to make sure that GAC and IGO attendees are made aware that they are welcome to participate in our 3/9 session. We will then provide Prof. Swaine with feedback from those two sessions to help guide him in his completion of the report, which we now anticipate receiving in final form later in March. While we had all hoped to have a final report available prior to our Marrakech meeting, the agreed upon approach seems like the second best option and will at least provide us with a basis for discussion over the next few weeks. Please let us know if you have questions or comments. Best to all, Philip Philip S. Corwin, Founding Principal Virtualaw LLC 1155 F Street, NW Suite 1050 Washington, DC 20004 202-559-8597/Direct 202-559-8750/Fax 202-255-6172/cell Twitter: @VlawDC "Luck is the residue of design" -- Branch Rickey From: Phil Corwin Sent: Wednesday, February 17, 2016 10:13 AM To: 'George Kirikos' Cc: gnso-igo-ingo-crp(a)icann.org<mailto:gnso-igo-ingo-crp@icann.org> Subject: RE: [Gnso-igo-ingo-crp] Any update on Swaine report? George: Thanks for your inquiry. Here's the state of play-- · Last week we received a draft from Prof. Swaine. The draft was incomplete in that it did not yet contain conclusions. It is quite comprehensive on the interface of sovereign immunity and IGOs and demonstrates that this area is not fully developed or uniform, that a great deal of discretion is left to individual nations to determine the scope of recognized immunity, and that some considerations argue for waiver in the UDRP context as being acceptable, while others may lead to a contrary conclusion. · Due to travel schedules, the first time that Petter and I had a chance to discuss the draft with ICANN staff was yesterday. We are seeking to schedule a call with Prof. Swaine later this week if at all possible to raise various questions and issues as well as to determine what his preliminary conclusions are.. · Our hope is to get a more complete draft distributed to all WG members as soon as possible, and certainly prior to the Marrakech meeting. Once we speak with Prof. Swaine we will schedule a WG call for either February 24 or March 2 (I depart for Marrakech on March 3) to prepare for our Marrakech meeting. · At our meeting in Marrakech, we intend to seek comments on the draft from all WG members, as well as from IGOs and GAC members. (Staff-do we as yet have a time and date for our WG meeting?) Following Marrakech we intend to move forward expeditiously on our work using the report as a basis for determining our course. Let me know if you have any additional questions at this time. Best regards, Philip Philip S. Corwin, Founding Principal Virtualaw LLC 1155 F Street, NW Suite 1050 Washington, DC 20004 202-559-8597/Direct 202-559-8750/Fax 202-255-6172/cell Twitter: @VlawDC "Luck is the residue of design" -- Branch Rickey -----Original Message----- From: George Kirikos [mailto:icann@leap.com] Sent: Tuesday, February 16, 2016 4:33 PM To: Phil Corwin Cc: gnso-igo-ingo-crp(a)icann.org<mailto:gnso-igo-ingo-crp@icann.org> Subject: Re: [Gnso-igo-ingo-crp] Any update on Swaine report? I just wanted to followup and see how things are progressing. If we don't get the draft Swaine report soon, then that means we're looking at sometime in March for our next teleconference? (i.e. there's no meeting tomorrow, and it wouldn't make sense to have a meeting next Wednesday unless the report was provided before the weekend, so folks can digest it and have informed comments/discussions). Sincerely, George Kirikos 416-588-0269 http://www.leap.com/ On Tue, Jan 26, 2016 at 6:20 PM, Phil Corwin <psc(a)vlaw-dc.com<mailto:psc@vlaw-dc.com>> wrote: > Happy New Year, George. > > We have checked with Professor Swaine and are expecting a draft document very soon, possibly later this week. As soon as we receive it we will be back in touch with the WG. > > Best, Philip > > Philip S. Corwin, Founding Principal > Virtualaw LLC > 1155 F Street, NW > Suite 1050 > Washington, DC 20004 > 202-559-8597/Direct > 202-559-8750/Fax > 202-255-6172/cell > > Twitter: @VlawDC > > "Luck is the residue of design" -- Branch Rickey > > > -----Original Message----- > From: gnso-igo-ingo-crp-bounces(a)icann.org<mailto:gnso-igo-ingo-crp-bounces@icann.org> > [mailto:gnso-igo-ingo-crp-bounces@icann.org] On Behalf Of George > Kirikos > Sent: Tuesday, January 26, 2016 6:16 PM > To: gnso-igo-ingo-crp(a)icann.org<mailto:gnso-igo-ingo-crp@icann.org> > Subject: [Gnso-igo-ingo-crp] Any update on Swaine report? > > Hi folks, > > Happy New Year. > > It's been a while, so I just wanted to see if we have any news/updates regarding the Swaine report? > > Sincerely, > > George Kirikos > 416-588-0269 > http://www.leap.com/ > _______________________________________________ > Gnso-igo-ingo-crp mailing list > Gnso-igo-ingo-crp(a)icann.org<mailto:Gnso-igo-ingo-crp@icann.org> > https://mm.icann.org/mailman/listinfo/gnso-igo-ingo-crp > > ----- > No virus found in this message. > Checked by AVG - www.avg.com<http://www.avg.com> > Version: 2016.0.7227 / Virus Database: 4489/11316 - Release Date: 01/03/16 Internal Virus Database is out of date. ----- No virus found in this message. Checked by AVG - www.avg.com<http://www.avg.com> Version: 2016.0.7303 / Virus Database: 4530/11623 - Release Date: 02/14/16

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Waiver of Immunity -- express AND implied waivers
by George Kirikos Feb. 29, 2016

Feb. 29, 2016

Interestingly, the World Bank maintains a webpage at: http://ppp.worldbank.org/public-private-partnership/ppp-overview/practical-… where it explicitly discusses waiver of immunity, with some *suggested* language: "(1) To the extent that the [awarding authority] may be entitled in any state or jurisdiction to claim or benefit from any immunity (whether characterized as state immunity, sovereign immunity, act of state or otherwise) now or hereafter for itself or any of its property or assets (which it now has or may hereafter acquire) in respect of its obligations under this Agreement from service of process or other documents relating to proceedings, jurisdiction, suit, judgment, execution, attachment (whether before awarded or judgment, in aid or execution or otherwise) or legal process or to the extent that in any such jurisdiction there may be attributed to it or any of its property or assets such immunity (whether or not claimed), the [awarding authority] expressly, unconditionally and irrevocably agrees not to claim, invoke or permit to be invoked on it or its property or assets’ behalf or for it or its property or assets’ benefit and hereby expressly, unconditionally and irrevocably waives such immunity to the fullest extent permitted by the laws of such jurisdiction. (2) Subject to any applicable appellate rights, the [awarding authority] consents generally in respect of any proceedings to the giving of any relief or the issue of any process in connection with the proceedings including, without limitation, the making enforcement or execution against any property or assets whatsoever (irrespective of its use or intended use) of any order or judgment which may be made or given in the proceedings; and (3) The [awarding authority] irrevocably and unconditionally acknowledges that the execution, delivery and performance of this Agreement constitute private and commercial (and not public) acts of the [awarding authority]." That's the kind of language that can be incorporated into a future UDRP document (once that other PDP begins, where the UDRP undergoes reforms). Thanks World Bank! :-) The above is obvious an *explicit* waiver of immunity (like the UDRP has). However, there's also a concept (that this PDP hasn't discussed in depth before, I believe, but only in passing), of *implicit* waiver of immunity. There was a recent Canadian ruling in Ontario's courts that the World Bank had waived its immunity *implicitly* through its actions, requiring it to produce files in a criminal trial: https://bccla.org/our_work/world-bank-group-v-kevin-wallace-et-al/ "Justice Nordheimer of the Ontario Superior Court of Justice found that the World Bank had implicitly waived its immunity through this conduct." That matter has been appealed to the Supreme Court of Canada (no decision yet): http://www.scc-csc.ca/case-dossier/info/dock-regi-eng.aspx?cas=36315 The factum of the BCCLA in the Supreme Court appeal by the World Bank can be seen at: https://bccla.org/wp-content/uploads/2015/11/20151105-Factum-World-Bank-Gro… where it argues that the OECD Convention and ICCPR both support the recognition of "implied waiver". Of course, Argentina just settled a dispute with its international bond holders, http://www.bbc.com/news/business-35690833 where the NYC courts were explicitly given jurisdiction when Argentina raised money long ago. Domain name disputes, of course, are somewhat different in that IGOs have no contracts with domain name registrants (contracts are between registrars and registrants), but seek to intervene and disrupt those contracts as non-parties. I believe when IGOs actively intervene in this manner, they *implicitly* waive any immunity, regardless of whether the UDRP contains the explicit waiver of immunity via the language that currently exists. Sincerely, George Kirikos 416-588-0269 http://www.leap.com/

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