Synopsis from Prof. Edward Swaine - WG call this week?
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@icann.org Telephone: +1-603-5744889 From: <gnso-igo-ingo-crp-bounces@icann.org<mailto:gnso-igo-ingo-crp-bounces@icann.org>> on behalf of Phil Corwin <psc@vlaw-dc.com<mailto:psc@vlaw-dc.com>> Date: Saturday, February 20, 2016 at 12:20 To: George Kirikos <icann@leap.com<mailto:icann@leap.com>> Cc: "gnso-igo-ingo-crp@icann.org<mailto:gnso-igo-ingo-crp@icann.org>" <gnso-igo-ingo-crp@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@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@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@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@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@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
_______________________________________________
Gnso-igo-ingo-crp mailing list
Gnso-igo-ingo-crp@icann.org<mailto:Gnso-igo-ingo-crp@icann.org>
-----
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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.
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Thank you Mary I for one would like a call before ICANN. That would allow us to consolidate our WG views to the extent possible. I do not believe Prof Swaine should be requested to draft proposed arbitration rules. Arbitration is the antithesis of the UDRP as it is complex, expensive and time consuming. Remember that the UDRP was imposed as an efficient system to avoid such complexity, cost and delay. Arbitration also presupposes the presence of immunity and as noted places the burden upon the registrant. My personal experience in Federal court is that the judges consider immunity to have been waived in post UDRP conflicts (e.g Pari.org, Barcelona.com etc). Sincerely, Paul Keating, Esq.
On Feb 29, 2016, at 7:05 PM, Mary Wong <mary.wong@icann.org> wrote:
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@icann.org Telephone: +1-603-5744889
From: <gnso-igo-ingo-crp-bounces@icann.org> on behalf of Phil Corwin <psc@vlaw-dc.com> Date: Saturday, February 20, 2016 at 12:20 To: George Kirikos <icann@leap.com> Cc: "gnso-igo-ingo-crp@icann.org" <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@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@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@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@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@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@icann.org https://mm.icann.org/mailman/listinfo/gnso-igo-ingo-crp
----- No virus found in this message. Checked by AVG - 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 Version: 2016.0.7303 / Virus Database: 4530/11623 - Release Date: 02/14/16 <Swaine Draft IGO Immunity Memo Synopsis - 28 Jan.pdf> _______________________________________________ Gnso-igo-ingo-crp mailing list Gnso-igo-ingo-crp@icann.org https://mm.icann.org/mailman/listinfo/gnso-igo-ingo-crp
Professor Swan seems to be going beyond the 4 fact-finding questions that were asked, in trying to give us "alternatives". Indeed proposing a "compromise" (on page 2) seems to be way out of line -- indeed drafting a provision! In simple terms, "immunity" is just one of many *defenses* that a defendant to a dispute brought by others can raise. There are lots of other defenses available to defendants, one might defend an action by raising the issue of statute of limitations (i.e. that the action was brought too late). IGOs are not 'special' when it comes to having defenses available to them, although very few parties can raise the "immunity" defense. Importantly, and distinct from raising this as a "defense", it's the IGOs who would be the cause of the domain name dispute. I cannot imagine a scenario where an IGO could *bring* an action to a court, and then try to claim "sovereign immunity" in that same court. They would lose that "defense" the moment they brought the action. The existence of the UDRP should not change the above by one iota. It was not meant to create "new law". If the UDRP did not exist, the IGO would *have* to waive immunity to bring any action (as opposed to defending an action brought by others). The professor seems to agree with this analysis, but then goes way beyond his mandate, as if domain name registrants are going to want to reduce their legal rights. If IGOs wanted to challenge a copyright owner, a trademark owner, a property owner, or be the initiator of *any* other kind of dispute, they could not simply wave their hands and insist upon "binding arbitration" in a forum that is convenient to the IGO. Domain names are no different. I think the 'expert' should be focused on providing concrete *facts* (with explicit examples from various countries; just like some of the examples we've found in our work, e.g. Supreme Court of Canada decision, etc.), and not his own views or suggestions on new policies that would undermine domain name registrants under some 'compromise' (a compromise that would be creating 'new law'). Sincerely, George Kirikos 416-588-0269 http://www.leap.com/ On Mon, Feb 29, 2016 at 1:04 PM, Mary Wong <mary.wong@icann.org> wrote:
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@icann.org Telephone: +1-603-5744889
From: <gnso-igo-ingo-crp-bounces@icann.org> on behalf of Phil Corwin <psc@vlaw-dc.com> Date: Saturday, February 20, 2016 at 12:20 To: George Kirikos <icann@leap.com> Cc: "gnso-igo-ingo-crp@icann.org" <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@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@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
On Tue, Jan 26, 2016 at 6:20 PM, Phil Corwin <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@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@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
_______________________________________________
Gnso-igo-ingo-crp mailing list
Gnso-igo-ingo-crp@icann.org
-----
No virus found in this message.
Checked by AVG - 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
Version: 2016.0.7303 / Virus Database: 4530/11623 - Release Date: 02/14/16
Oops, I of course meant "Swaine" (not 'Swan'). On Mon, Feb 29, 2016 at 1:38 PM, George Kirikos <icann@leap.com> wrote:
Professor Swan seems to be going beyond the 4 fact-finding questions
Sincerely, George Kirikos 416-588-0269 http://www.leap.com/
+1 David W. Maher Public Interest Registry Senior Vice-President – Law & Policy +1 312 375 4849 -----Original Message----- From: gnso-igo-ingo-crp-bounces@icann.org [mailto:gnso-igo-ingo-crp-bounces@icann.org] On Behalf Of George Kirikos Sent: Monday, February 29, 2016 12:38 PM To: Mary Wong <mary.wong@icann.org> Cc: gnso-igo-ingo-crp@icann.org Subject: Re: [Gnso-igo-ingo-crp] Synopsis from Prof. Edward Swaine - WG call this week? Professor Swan seems to be going beyond the 4 fact-finding questions that were asked, in trying to give us "alternatives". Indeed proposing a "compromise" (on page 2) seems to be way out of line -- indeed drafting a provision! In simple terms, "immunity" is just one of many *defenses* that a defendant to a dispute brought by others can raise. There are lots of other defenses available to defendants, one might defend an action by raising the issue of statute of limitations (i.e. that the action was brought too late). IGOs are not 'special' when it comes to having defenses available to them, although very few parties can raise the "immunity" defense. Importantly, and distinct from raising this as a "defense", it's the IGOs who would be the cause of the domain name dispute. I cannot imagine a scenario where an IGO could *bring* an action to a court, and then try to claim "sovereign immunity" in that same court. They would lose that "defense" the moment they brought the action. The existence of the UDRP should not change the above by one iota. It was not meant to create "new law". If the UDRP did not exist, the IGO would *have* to waive immunity to bring any action (as opposed to defending an action brought by others). The professor seems to agree with this analysis, but then goes way beyond his mandate, as if domain name registrants are going to want to reduce their legal rights. If IGOs wanted to challenge a copyright owner, a trademark owner, a property owner, or be the initiator of *any* other kind of dispute, they could not simply wave their hands and insist upon "binding arbitration" in a forum that is convenient to the IGO. Domain names are no different. I think the 'expert' should be focused on providing concrete *facts* (with explicit examples from various countries; just like some of the examples we've found in our work, e.g. Supreme Court of Canada decision, etc.), and not his own views or suggestions on new policies that would undermine domain name registrants under some 'compromise' (a compromise that would be creating 'new law'). Sincerely, George Kirikos 416-588-0269 http://www.leap.com/ On Mon, Feb 29, 2016 at 1:04 PM, Mary Wong <mary.wong@icann.org> wrote:
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@icann.org Telephone: +1-603-5744889
From: <gnso-igo-ingo-crp-bounces@icann.org> on behalf of Phil Corwin <psc@vlaw-dc.com> Date: Saturday, February 20, 2016 at 12:20 To: George Kirikos <icann@leap.com> Cc: "gnso-igo-ingo-crp@icann.org" <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@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@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
On Tue, Jan 26, 2016 at 6:20 PM, Phil Corwin <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@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@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
_______________________________________________
Gnso-igo-ingo-crp mailing list
Gnso-igo-ingo-crp@icann.org
-----
No virus found in this message.
Checked by AVG - 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
Version: 2016.0.7303 / Virus Database: 4530/11623 - Release Date: 02/14/16
Gnso-igo-ingo-crp mailing list Gnso-igo-ingo-crp@icann.org https://mm.icann.org/mailman/listinfo/gnso-igo-ingo-crp
Dear all, as of now we have only received indication from one working group member of a wish to have a WG call tomorrow ahead of the Marrakech meeting. If you think it would be preferable to schedule a call tomorrow as well, please reply as soon as possible so that we can make the necessary arrangements and let everyone know. Thanks and cheers Mary Sent from my iPhone On Feb 29, 2016, at 13:04, Mary Wong <mary.wong@icann.org<mailto:mary.wong@icann.org>> wrote: 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@icann.org<mailto:mary.wong@icann.org> Telephone: +1-603-5744889 From: <gnso-igo-ingo-crp-bounces@icann.org<mailto:gnso-igo-ingo-crp-bounces@icann.org>> on behalf of Phil Corwin <psc@vlaw-dc.com<mailto:psc@vlaw-dc.com>> Date: Saturday, February 20, 2016 at 12:20 To: George Kirikos <icann@leap.com<mailto:icann@leap.com>> Cc: "gnso-igo-ingo-crp@icann.org<mailto:gnso-igo-ingo-crp@icann.org>" <gnso-igo-ingo-crp@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@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@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@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@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@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
_______________________________________________
Gnso-igo-ingo-crp mailing list
Gnso-igo-ingo-crp@icann.org<mailto:Gnso-igo-ingo-crp@icann.org>
-----
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 <Swaine Draft IGO Immunity Memo Synopsis - 28 Jan.pdf>
Mary. I saw 3 including me. Sincerely, Paul Keating, Esq.
On Mar 1, 2016, at 3:40 PM, Mary Wong <mary.wong@icann.org> wrote:
Dear all, as of now we have only received indication from one working group member of a wish to have a WG call tomorrow ahead of the Marrakech meeting. If you think it would be preferable to schedule a call tomorrow as well, please reply as soon as possible so that we can make the necessary arrangements and let everyone know.
Thanks and cheers Mary
Sent from my iPhone
On Feb 29, 2016, at 13:04, Mary Wong <mary.wong@icann.org> wrote:
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@icann.org Telephone: +1-603-5744889
From: <gnso-igo-ingo-crp-bounces@icann.org> on behalf of Phil Corwin <psc@vlaw-dc.com> Date: Saturday, February 20, 2016 at 12:20 To: George Kirikos <icann@leap.com> Cc: "gnso-igo-ingo-crp@icann.org" <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@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@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@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@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@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@icann.org https://mm.icann.org/mailman/listinfo/gnso-igo-ingo-crp
----- No virus found in this message. Checked by AVG - 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 Version: 2016.0.7303 / Virus Database: 4530/11623 - Release Date: 02/14/16 <Swaine Draft IGO Immunity Memo Synopsis - 28 Jan.pdf>
Gnso-igo-ingo-crp mailing list Gnso-igo-ingo-crp@icann.org https://mm.icann.org/mailman/listinfo/gnso-igo-ingo-crp
I can make it tomorrow at the usual time, but I'm indifferent as to it being tomorrow or next week (we'd probably want at least 7 or 8 participants if we're going to have it tomorrow). Sincerely, George Kirikos 416-588-0269 http://www.leap.com/ On Tue, Mar 1, 2016 at 9:55 AM, Paul Keating <paul@law.es> wrote:
Mary. I saw 3 including me.
Sincerely, Paul Keating, Esq.
On Mar 1, 2016, at 3:40 PM, Mary Wong <mary.wong@icann.org> wrote:
Dear all, as of now we have only received indication from one working group member of a wish to have a WG call tomorrow ahead of the Marrakech meeting. If you think it would be preferable to schedule a call tomorrow as well, please reply as soon as possible so that we can make the necessary arrangements and let everyone know.
Thanks and cheers Mary
Sent from my iPhone
On Feb 29, 2016, at 13:04, Mary Wong <mary.wong@icann.org> wrote:
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@icann.org Telephone: +1-603-5744889
From: <gnso-igo-ingo-crp-bounces@icann.org> on behalf of Phil Corwin <psc@vlaw-dc.com> Date: Saturday, February 20, 2016 at 12:20 To: George Kirikos <icann@leap.com> Cc: "gnso-igo-ingo-crp@icann.org" <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@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@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
On Tue, Jan 26, 2016 at 6:20 PM, Phil Corwin <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@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@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
_______________________________________________
Gnso-igo-ingo-crp mailing list
Gnso-igo-ingo-crp@icann.org
-----
No virus found in this message.
Checked by AVG - www.avg.com
Version: 2016.0.7227 / Virus Database: 4489/11316 - Release Date: 01/03/16 Internal Virus Database is out of date.
-----
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Checked by AVG - www.avg.com
Version: 2016.0.7303 / Virus Database: 4530/11623 - Release Date: 02/14/16
<Swaine Draft IGO Immunity Memo Synopsis - 28 Jan.pdf>
_______________________________________________ Gnso-igo-ingo-crp mailing list Gnso-igo-ingo-crp@icann.org https://mm.icann.org/mailman/listinfo/gnso-igo-ingo-crp
Paul: We are in no way trying to suppress discussion, but as of yesterday we had not seen anyone indicate that we should hold a call tomorrow other than you. Both staff and the Co-Chairs are very busy this week preparing to fly to Marrakech (I depart on Thursday). Now George indicates that he can be on a call tomorrow, but is indifferent to whether it is held, and thinks it needs minimum participation of 7-8 WG members to be worthwhile. If there are other WG members who believe it would be useful to hold a call tomorrow and are available to participate at 1700 UTC, can they please indicate that at once? 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: George Kirikos [mailto:icann@leap.com] Sent: Tuesday, March 01, 2016 10:00 AM To: Paul Keating Cc: Mary Wong; Phil Corwin; gnso-igo-ingo-crp@icann.org Subject: Re: [Gnso-igo-ingo-crp] Synopsis from Prof. Edward Swaine - WG call this week? I can make it tomorrow at the usual time, but I'm indifferent as to it being tomorrow or next week (we'd probably want at least 7 or 8 participants if we're going to have it tomorrow). Sincerely, George Kirikos 416-588-0269 http://www.leap.com/ On Tue, Mar 1, 2016 at 9:55 AM, Paul Keating <paul@law.es<mailto:paul@law.es>> wrote:
Mary. I saw 3 including me.
Sincerely,
Paul Keating, Esq.
On Mar 1, 2016, at 3:40 PM, Mary Wong <mary.wong@icann.org<mailto:mary.wong@icann.org>> wrote:
Dear all, as of now we have only received indication from one working
group member of a wish to have a WG call tomorrow ahead of the Marrakech meeting.
If you think it would be preferable to schedule a call tomorrow as
well, please reply as soon as possible so that we can make the
necessary arrangements and let everyone know.
Thanks and cheers
Mary
Sent from my iPhone
On Feb 29, 2016, at 13:04, Mary Wong <mary.wong@icann.org<mailto:mary.wong@icann.org>> wrote:
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@icann.org<mailto:mary.wong@icann.org>
Telephone: +1-603-5744889
From: <gnso-igo-ingo-crp-bounces@icann.org<mailto:gnso-igo-ingo-crp-bounces@icann.org>> on behalf of Phil Corwin
<psc@vlaw-dc.com<mailto:psc@vlaw-dc.com>>
Date: Saturday, February 20, 2016 at 12:20
To: George Kirikos <icann@leap.com<mailto:icann@leap.com>>
Cc: "gnso-igo-ingo-crp@icann.org<mailto:gnso-igo-ingo-crp@icann.org>" <gnso-igo-ingo-crp@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@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@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
On Tue, Jan 26, 2016 at 6:20 PM, Phil Corwin <psc@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@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@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
_______________________________________________
Gnso-igo-ingo-crp mailing list
Gnso-igo-ingo-crp@icann.org<mailto:Gnso-igo-ingo-crp@icann.org>
-----
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
<Swaine Draft IGO Immunity Memo Synopsis - 28 Jan.pdf>
_______________________________________________
Gnso-igo-ingo-crp mailing list
Gnso-igo-ingo-crp@icann.org<mailto:Gnso-igo-ingo-crp@icann.org>
----- No virus found in this message. Checked by AVG - www.avg.com<http://www.avg.com> Version: 2016.0.7303 / Virus Database: 4537/11693 - Release Date: 02/25/16
Count me in Sincerely, Jay Chapman * <http://www.digimedia.com>* 102 S. Broadway, #200 - Edmond, OK 73034 jay@digimedia.com - (940) 691-1800 This e-mail & any attachment(s) is(/are) confidential & only for the intended recipient(s). If you are not an intended recipient, please immediately notify me, delete this e-mail & all attachment(s). On Tue, Mar 1, 2016 at 9:20 AM, Phil Corwin <psc@vlaw-dc.com> wrote:
Paul:
We are in no way trying to suppress discussion, but as of yesterday we had not seen anyone indicate that we should hold a call tomorrow other than you. Both staff and the Co-Chairs are very busy this week preparing to fly to Marrakech (I depart on Thursday).
Now George indicates that he can be on a call tomorrow, but is indifferent to whether it is held, and thinks it needs minimum participation of 7-8 WG members to be worthwhile.
*If there are other WG members who believe it would be useful to hold a call tomorrow and are available to participate at 1700 UTC, can they please indicate that at once?*
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: George Kirikos [mailto:icann@leap.com] Sent: Tuesday, March 01, 2016 10:00 AM To: Paul Keating Cc: Mary Wong; Phil Corwin; gnso-igo-ingo-crp@icann.org Subject: Re: [Gnso-igo-ingo-crp] Synopsis from Prof. Edward Swaine - WG call this week?
I can make it tomorrow at the usual time, but I'm indifferent as to it being tomorrow or next week (we'd probably want at least 7 or 8 participants if we're going to have it tomorrow).
Sincerely,
George Kirikos
416-588-0269
On Tue, Mar 1, 2016 at 9:55 AM, Paul Keating <paul@law.es> wrote:
Mary. I saw 3 including me.
Sincerely,
Paul Keating, Esq.
On Mar 1, 2016, at 3:40 PM, Mary Wong <mary.wong@icann.org> wrote:
Dear all, as of now we have only received indication from one working
group member of a wish to have a WG call tomorrow ahead of the Marrakech meeting.
If you think it would be preferable to schedule a call tomorrow as
well, please reply as soon as possible so that we can make the
necessary arrangements and let everyone know.
Thanks and cheers
Mary
Sent from my iPhone
On Feb 29, 2016, at 13:04, Mary Wong <mary.wong@icann.org> wrote:
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@icann.org
Telephone: +1-603-5744889
From: <gnso-igo-ingo-crp-bounces@icann.org> on behalf of Phil Corwin
<psc@vlaw-dc.com>
Date: Saturday, February 20, 2016 at 12:20
To: George Kirikos <icann@leap.com>
Cc: "gnso-igo-ingo-crp@icann.org" <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@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 <icann@leap.com>]
Sent: Tuesday, February 16, 2016 4:33 PM
To: Phil Corwin
Cc: 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
On Tue, Jan 26, 2016 at 6:20 PM, Phil Corwin <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@icann.org
[mailto:gnso-igo-ingo-crp-bounces@icann.org <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@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
_______________________________________________
Gnso-igo-ingo-crp mailing list
Gnso-igo-ingo-crp@icann.org
-----
No virus found in this message.
Checked by AVG - 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
Version: 2016.0.7303 / Virus Database: 4530/11623 - Release Date:
02/14/16
<Swaine Draft IGO Immunity Memo Synopsis - 28 Jan.pdf>
_______________________________________________
Gnso-igo-ingo-crp mailing list
Gnso-igo-ingo-crp@icann.org
-----
No virus found in this message.
Checked by AVG - www.avg.com
Version: 2016.0.7303 / Virus Database: 4537/11693 - Release Date: 02/25/16
_______________________________________________ Gnso-igo-ingo-crp mailing list Gnso-igo-ingo-crp@icann.org https://mm.icann.org/mailman/listinfo/gnso-igo-ingo-crp
Phil, Up to you. I had seen 3 but that is not enough. Perhaps a refer to the group again? It has been awhile since last held a call so they may not be looking. Paul Keating
On 01 Mar 2016, at 4:20 PM, Phil Corwin <psc@vlaw-dc.com> wrote:
Paul:
We are in no way trying to suppress discussion, but as of yesterday we had not seen anyone indicate that we should hold a call tomorrow other than you. Both staff and the Co-Chairs are very busy this week preparing to fly to Marrakech (I depart on Thursday).
Now George indicates that he can be on a call tomorrow, but is indifferent to whether it is held, and thinks it needs minimum participation of 7-8 WG members to be worthwhile.
If there are other WG members who believe it would be useful to hold a call tomorrow and are available to participate at 1700 UTC, can they please indicate that at once?
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: George Kirikos [mailto:icann@leap.com] Sent: Tuesday, March 01, 2016 10:00 AM To: Paul Keating Cc: Mary Wong; Phil Corwin; gnso-igo-ingo-crp@icann.org Subject: Re: [Gnso-igo-ingo-crp] Synopsis from Prof. Edward Swaine - WG call this week?
I can make it tomorrow at the usual time, but I'm indifferent as to it being tomorrow or next week (we'd probably want at least 7 or 8 participants if we're going to have it tomorrow).
Sincerely,
George Kirikos 416-588-0269 http://www.leap.com/
On Tue, Mar 1, 2016 at 9:55 AM, Paul Keating <paul@law.es> wrote:
Mary. I saw 3 including me.
Sincerely, Paul Keating, Esq.
On Mar 1, 2016, at 3:40 PM, Mary Wong <mary.wong@icann.org> wrote:
Dear all, as of now we have only received indication from one working group member of a wish to have a WG call tomorrow ahead of the Marrakech meeting. If you think it would be preferable to schedule a call tomorrow as well, please reply as soon as possible so that we can make the necessary arrangements and let everyone know.
Thanks and cheers Mary
Sent from my iPhone
On Feb 29, 2016, at 13:04, Mary Wong <mary.wong@icann.org> wrote:
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@icann.org Telephone: +1-603-5744889
From: <gnso-igo-ingo-crp-bounces@icann.org> on behalf of Phil Corwin <psc@vlaw-dc.com> Date: Saturday, February 20, 2016 at 12:20 To: George Kirikos <icann@leap.com> Cc: "gnso-igo-ingo-crp@icann.org" <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@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@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
On Tue, Jan 26, 2016 at 6:20 PM, Phil Corwin <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@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@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
_______________________________________________
Gnso-igo-ingo-crp mailing list
Gnso-igo-ingo-crp@icann.org
-----
No virus found in this message.
Checked by AVG - 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
Version: 2016.0.7303 / Virus Database: 4530/11623 - Release Date: 02/14/16
<Swaine Draft IGO Immunity Memo Synopsis - 28 Jan.pdf>
_______________________________________________ Gnso-igo-ingo-crp mailing list 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 Version: 2016.0.7303 / Virus Database: 4537/11693 - Release Date: 02/25/16
Paul: Since I sent that we have scheduled a call tomorrow. You should have received an invitation. 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 From: Paul@law.es ZIMBRA [mailto:paul@law.es] Sent: Tuesday, March 01, 2016 12:48 PM To: Phil Corwin Cc: George Kirikos; Mary Wong; gnso-igo-ingo-crp@icann.org Subject: Re: [Gnso-igo-ingo-crp] Synopsis from Prof. Edward Swaine - WG call this week? Phil, Up to you. I had seen 3 but that is not enough. Perhaps a refer to the group again? It has been awhile since last held a call so they may not be looking. Paul Keating On 01 Mar 2016, at 4:20 PM, Phil Corwin <psc@vlaw-dc.com<mailto:psc@vlaw-dc.com>> wrote: Paul: We are in no way trying to suppress discussion, but as of yesterday we had not seen anyone indicate that we should hold a call tomorrow other than you. Both staff and the Co-Chairs are very busy this week preparing to fly to Marrakech (I depart on Thursday). Now George indicates that he can be on a call tomorrow, but is indifferent to whether it is held, and thinks it needs minimum participation of 7-8 WG members to be worthwhile. If there are other WG members who believe it would be useful to hold a call tomorrow and are available to participate at 1700 UTC, can they please indicate that at once? 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: George Kirikos [mailto:icann@leap.com] Sent: Tuesday, March 01, 2016 10:00 AM To: Paul Keating Cc: Mary Wong; Phil Corwin; gnso-igo-ingo-crp@icann.org<mailto:gnso-igo-ingo-crp@icann.org> Subject: Re: [Gnso-igo-ingo-crp] Synopsis from Prof. Edward Swaine - WG call this week? I can make it tomorrow at the usual time, but I'm indifferent as to it being tomorrow or next week (we'd probably want at least 7 or 8 participants if we're going to have it tomorrow). Sincerely, George Kirikos 416-588-0269 http://www.leap.com/ On Tue, Mar 1, 2016 at 9:55 AM, Paul Keating <paul@law.es<mailto:paul@law.es>> wrote:
Mary. I saw 3 including me.
Sincerely,
Paul Keating, Esq.
On Mar 1, 2016, at 3:40 PM, Mary Wong <mary.wong@icann.org<mailto:mary.wong@icann.org>> wrote:
Dear all, as of now we have only received indication from one working
group member of a wish to have a WG call tomorrow ahead of the Marrakech meeting.
If you think it would be preferable to schedule a call tomorrow as
well, please reply as soon as possible so that we can make the
necessary arrangements and let everyone know.
Thanks and cheers
Mary
Sent from my iPhone
On Feb 29, 2016, at 13:04, Mary Wong <mary.wong@icann.org<mailto:mary.wong@icann.org>> wrote:
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@icann.org<mailto:mary.wong@icann.org>
Telephone: +1-603-5744889
From: <gnso-igo-ingo-crp-bounces@icann.org<mailto:gnso-igo-ingo-crp-bounces@icann.org>> on behalf of Phil Corwin
<psc@vlaw-dc.com<mailto:psc@vlaw-dc.com>>
Date: Saturday, February 20, 2016 at 12:20
To: George Kirikos <icann@leap.com<mailto:icann@leap.com>>
Cc: "gnso-igo-ingo-crp@icann.org<mailto:gnso-igo-ingo-crp@icann.org>" <gnso-igo-ingo-crp@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@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@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
On Tue, Jan 26, 2016 at 6:20 PM, Phil Corwin <psc@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@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@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
_______________________________________________
Gnso-igo-ingo-crp mailing list
Gnso-igo-ingo-crp@icann.org<mailto:Gnso-igo-ingo-crp@icann.org>
-----
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
<Swaine Draft IGO Immunity Memo Synopsis - 28 Jan.pdf>
_______________________________________________
Gnso-igo-ingo-crp mailing list
Gnso-igo-ingo-crp@icann.org<mailto:Gnso-igo-ingo-crp@icann.org>
----- No virus found in this message. Checked by AVG - www.avg.com<http://www.avg.com> Version: 2016.0.7303 / Virus Database: 4537/11693 - Release Date: 02/25/16 ________________________________ No virus found in this message. Checked by AVG - www.avg.com<http://www.avg.com> Version: 2016.0.7303 / Virus Database: 4537/11693 - Release Date: 02/25/16
Yes, I was aware of that. I thought you should cancel if you felt it was appropriate. Paul Keating
On 01 Mar 2016, at 6:53 PM, Phil Corwin <psc@vlaw-dc.com> wrote:
Paul:
Since I sent that we have scheduled a call tomorrow. You should have received an invitation.
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
From: Paul@law.es ZIMBRA [mailto:paul@law.es] Sent: Tuesday, March 01, 2016 12:48 PM To: Phil Corwin Cc: George Kirikos; Mary Wong; gnso-igo-ingo-crp@icann.org Subject: Re: [Gnso-igo-ingo-crp] Synopsis from Prof. Edward Swaine - WG call this week?
Phil,
Up to you. I had seen 3 but that is not enough. Perhaps a refer to the group again? It has been awhile since last held a call so they may not be looking.
Paul Keating
On 01 Mar 2016, at 4:20 PM, Phil Corwin <psc@vlaw-dc.com> wrote:
Paul:
We are in no way trying to suppress discussion, but as of yesterday we had not seen anyone indicate that we should hold a call tomorrow other than you. Both staff and the Co-Chairs are very busy this week preparing to fly to Marrakech (I depart on Thursday).
Now George indicates that he can be on a call tomorrow, but is indifferent to whether it is held, and thinks it needs minimum participation of 7-8 WG members to be worthwhile.
If there are other WG members who believe it would be useful to hold a call tomorrow and are available to participate at 1700 UTC, can they please indicate that at once?
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: George Kirikos [mailto:icann@leap.com] Sent: Tuesday, March 01, 2016 10:00 AM To: Paul Keating Cc: Mary Wong; Phil Corwin; gnso-igo-ingo-crp@icann.org Subject: Re: [Gnso-igo-ingo-crp] Synopsis from Prof. Edward Swaine - WG call this week?
I can make it tomorrow at the usual time, but I'm indifferent as to it being tomorrow or next week (we'd probably want at least 7 or 8 participants if we're going to have it tomorrow).
Sincerely,
George Kirikos 416-588-0269 http://www.leap.com/
On Tue, Mar 1, 2016 at 9:55 AM, Paul Keating <paul@law.es> wrote:
Mary. I saw 3 including me.
Sincerely, Paul Keating, Esq.
On Mar 1, 2016, at 3:40 PM, Mary Wong <mary.wong@icann.org> wrote:
Dear all, as of now we have only received indication from one working group member of a wish to have a WG call tomorrow ahead of the Marrakech meeting. If you think it would be preferable to schedule a call tomorrow as well, please reply as soon as possible so that we can make the necessary arrangements and let everyone know.
Thanks and cheers Mary
Sent from my iPhone
On Feb 29, 2016, at 13:04, Mary Wong <mary.wong@icann.org> wrote:
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@icann.org Telephone: +1-603-5744889
From: <gnso-igo-ingo-crp-bounces@icann.org> on behalf of Phil Corwin <psc@vlaw-dc.com> Date: Saturday, February 20, 2016 at 12:20 To: George Kirikos <icann@leap.com> Cc: "gnso-igo-ingo-crp@icann.org" <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@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@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
On Tue, Jan 26, 2016 at 6:20 PM, Phil Corwin <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@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@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
_______________________________________________
Gnso-igo-ingo-crp mailing list
Gnso-igo-ingo-crp@icann.org
-----
No virus found in this message.
Checked by AVG - 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
Version: 2016.0.7303 / Virus Database: 4530/11623 - Release Date: 02/14/16
<Swaine Draft IGO Immunity Memo Synopsis - 28 Jan.pdf>
_______________________________________________ Gnso-igo-ingo-crp mailing list 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 Version: 2016.0.7303 / Virus Database: 4537/11693 - Release Date: 02/25/16 No virus found in this message. Checked by AVG - www.avg.com Version: 2016.0.7303 / Virus Database: 4537/11693 - Release Date: 02/25/16
No, fine with holding it. 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: Paul@law.es ZIMBRA [mailto:paul@law.es] Sent: Tuesday, March 01, 2016 1:24 PM To: Phil Corwin Cc: George Kirikos; Mary Wong; gnso-igo-ingo-crp@icann.org Subject: Re: [Gnso-igo-ingo-crp] Synopsis from Prof. Edward Swaine - WG call this week? Yes, I was aware of that. I thought you should cancel if you felt it was appropriate. Paul Keating On 01 Mar 2016, at 6:53 PM, Phil Corwin <psc@vlaw-dc.com<mailto:psc@vlaw-dc.com>> wrote: Paul: Since I sent that we have scheduled a call tomorrow. You should have received an invitation. 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 From: Paul@law.es<mailto:Paul@law.es> ZIMBRA [mailto:paul@law.es] Sent: Tuesday, March 01, 2016 12:48 PM To: Phil Corwin Cc: George Kirikos; Mary Wong; gnso-igo-ingo-crp@icann.org<mailto:gnso-igo-ingo-crp@icann.org> Subject: Re: [Gnso-igo-ingo-crp] Synopsis from Prof. Edward Swaine - WG call this week? Phil, Up to you. I had seen 3 but that is not enough. Perhaps a refer to the group again? It has been awhile since last held a call so they may not be looking. Paul Keating On 01 Mar 2016, at 4:20 PM, Phil Corwin <psc@vlaw-dc.com<mailto:psc@vlaw-dc.com>> wrote: Paul: We are in no way trying to suppress discussion, but as of yesterday we had not seen anyone indicate that we should hold a call tomorrow other than you. Both staff and the Co-Chairs are very busy this week preparing to fly to Marrakech (I depart on Thursday). Now George indicates that he can be on a call tomorrow, but is indifferent to whether it is held, and thinks it needs minimum participation of 7-8 WG members to be worthwhile. If there are other WG members who believe it would be useful to hold a call tomorrow and are available to participate at 1700 UTC, can they please indicate that at once? 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: George Kirikos [mailto:icann@leap.com] Sent: Tuesday, March 01, 2016 10:00 AM To: Paul Keating Cc: Mary Wong; Phil Corwin; gnso-igo-ingo-crp@icann.org<mailto:gnso-igo-ingo-crp@icann.org> Subject: Re: [Gnso-igo-ingo-crp] Synopsis from Prof. Edward Swaine - WG call this week? I can make it tomorrow at the usual time, but I'm indifferent as to it being tomorrow or next week (we'd probably want at least 7 or 8 participants if we're going to have it tomorrow). Sincerely, George Kirikos 416-588-0269 http://www.leap.com/ On Tue, Mar 1, 2016 at 9:55 AM, Paul Keating <paul@law.es<mailto:paul@law.es>> wrote:
Mary. I saw 3 including me.
Sincerely,
Paul Keating, Esq.
On Mar 1, 2016, at 3:40 PM, Mary Wong <mary.wong@icann.org<mailto:mary.wong@icann.org>> wrote:
Dear all, as of now we have only received indication from one working
group member of a wish to have a WG call tomorrow ahead of the Marrakech meeting.
If you think it would be preferable to schedule a call tomorrow as
well, please reply as soon as possible so that we can make the
necessary arrangements and let everyone know.
Thanks and cheers
Mary
Sent from my iPhone
On Feb 29, 2016, at 13:04, Mary Wong <mary.wong@icann.org<mailto:mary.wong@icann.org>> wrote:
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@icann.org<mailto:mary.wong@icann.org>
Telephone: +1-603-5744889
From: <gnso-igo-ingo-crp-bounces@icann.org<mailto:gnso-igo-ingo-crp-bounces@icann.org>> on behalf of Phil Corwin
<psc@vlaw-dc.com<mailto:psc@vlaw-dc.com>>
Date: Saturday, February 20, 2016 at 12:20
To: George Kirikos <icann@leap.com<mailto:icann@leap.com>>
Cc: "gnso-igo-ingo-crp@icann.org<mailto:gnso-igo-ingo-crp@icann.org>" <gnso-igo-ingo-crp@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@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@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
On Tue, Jan 26, 2016 at 6:20 PM, Phil Corwin <psc@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@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@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
_______________________________________________
Gnso-igo-ingo-crp mailing list
Gnso-igo-ingo-crp@icann.org<mailto:Gnso-igo-ingo-crp@icann.org>
-----
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
<Swaine Draft IGO Immunity Memo Synopsis - 28 Jan.pdf>
_______________________________________________
Gnso-igo-ingo-crp mailing list
Gnso-igo-ingo-crp@icann.org<mailto:Gnso-igo-ingo-crp@icann.org>
----- No virus found in this message. Checked by AVG - www.avg.com<http://www.avg.com> Version: 2016.0.7303 / Virus Database: 4537/11693 - Release Date: 02/25/16 ________________________________ No virus found in this message. Checked by AVG - www.avg.com<http://www.avg.com> Version: 2016.0.7303 / Virus Database: 4537/11693 - Release Date: 02/25/16 ________________________________ No virus found in this message. Checked by AVG - www.avg.com<http://www.avg.com> Version: 2016.0.7303 / Virus Database: 4537/11693 - Release Date: 02/25/16
I haven't read the report yet. I would prefer to have a post Marrakech call. Lori S. Schulman Senior Director, Internet Policy INTA 202-261-6588 ________________________________ From: Paul@law.es ZIMBRA<mailto:paul@law.es> Sent: 3/1/2016 12:48 PM To: Phil Corwin<mailto:psc@vlaw-dc.com> Cc: gnso-igo-ingo-crp@icann.org<mailto:gnso-igo-ingo-crp@icann.org> Subject: Re: [Gnso-igo-ingo-crp] Synopsis from Prof. Edward Swaine - WG call this week? Phil, Up to you. I had seen 3 but that is not enough. Perhaps a refer to the group again? It has been awhile since last held a call so they may not be looking. Paul Keating On 01 Mar 2016, at 4:20 PM, Phil Corwin <psc@vlaw-dc.com<mailto:psc@vlaw-dc.com>> wrote: Paul: We are in no way trying to suppress discussion, but as of yesterday we had not seen anyone indicate that we should hold a call tomorrow other than you. Both staff and the Co-Chairs are very busy this week preparing to fly to Marrakech (I depart on Thursday). Now George indicates that he can be on a call tomorrow, but is indifferent to whether it is held, and thinks it needs minimum participation of 7-8 WG members to be worthwhile. If there are other WG members who believe it would be useful to hold a call tomorrow and are available to participate at 1700 UTC, can they please indicate that at once? 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: George Kirikos [mailto:icann@leap.com] Sent: Tuesday, March 01, 2016 10:00 AM To: Paul Keating Cc: Mary Wong; Phil Corwin; gnso-igo-ingo-crp@icann.org<mailto:gnso-igo-ingo-crp@icann.org> Subject: Re: [Gnso-igo-ingo-crp] Synopsis from Prof. Edward Swaine - WG call this week? I can make it tomorrow at the usual time, but I'm indifferent as to it being tomorrow or next week (we'd probably want at least 7 or 8 participants if we're going to have it tomorrow). Sincerely, George Kirikos 416-588-0269 http://www.leap.com/ On Tue, Mar 1, 2016 at 9:55 AM, Paul Keating <paul@law.es<mailto:paul@law.es>> wrote:
Mary. I saw 3 including me.
Sincerely,
Paul Keating, Esq.
On Mar 1, 2016, at 3:40 PM, Mary Wong <mary.wong@icann.org<mailto:mary.wong@icann.org>> wrote:
Dear all, as of now we have only received indication from one working
group member of a wish to have a WG call tomorrow ahead of the Marrakech meeting.
If you think it would be preferable to schedule a call tomorrow as
well, please reply as soon as possible so that we can make the
necessary arrangements and let everyone know.
Thanks and cheers
Mary
Sent from my iPhone
On Feb 29, 2016, at 13:04, Mary Wong <mary.wong@icann.org<mailto:mary.wong@icann.org>> wrote:
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@icann.org<mailto:mary.wong@icann.org>
Telephone: +1-603-5744889
From: <gnso-igo-ingo-crp-bounces@icann.org<mailto:gnso-igo-ingo-crp-bounces@icann.org>> on behalf of Phil Corwin
<psc@vlaw-dc.com<mailto:psc@vlaw-dc.com>>
Date: Saturday, February 20, 2016 at 12:20
To: George Kirikos <icann@leap.com<mailto:icann@leap.com>>
Cc: "gnso-igo-ingo-crp@icann.org<mailto:gnso-igo-ingo-crp@icann.org>" <gnso-igo-ingo-crp@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@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@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
On Tue, Jan 26, 2016 at 6:20 PM, Phil Corwin <psc@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@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@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
_______________________________________________
Gnso-igo-ingo-crp mailing list
Gnso-igo-ingo-crp@icann.org<mailto:Gnso-igo-ingo-crp@icann.org>
-----
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
<Swaine Draft IGO Immunity Memo Synopsis - 28 Jan.pdf>
_______________________________________________
Gnso-igo-ingo-crp mailing list
Gnso-igo-ingo-crp@icann.org<mailto:Gnso-igo-ingo-crp@icann.org>
----- No virus found in this message. Checked by AVG - www.avg.com<http://www.avg.com> Version: 2016.0.7303 / Virus Database: 4537/11693 - Release Date: 02/25/16
Lori. It’s not the final report, it’s a 2-page synopsis of research to date. And the synopsis will be the focus for our WG’s discussion in Marrakech. 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: Lori Schulman [mailto:lschulman@inta.org] Sent: Tuesday, March 01, 2016 2:27 PM To: Paul@law.es ZIMBRA; Phil Corwin Cc: gnso-igo-ingo-crp@icann.org Subject: RE: [Gnso-igo-ingo-crp] Synopsis from Prof. Edward Swaine - WG call this week? I haven't read the report yet. I would prefer to have a post Marrakech call. Lori S. Schulman Senior Director, Internet Policy INTA 202-261-6588 ________________________________ From: Paul@law.es ZIMBRA<mailto:paul@law.es> Sent: 3/1/2016 12:48 PM To: Phil Corwin<mailto:psc@vlaw-dc.com> Cc: gnso-igo-ingo-crp@icann.org<mailto:gnso-igo-ingo-crp@icann.org> Subject: Re: [Gnso-igo-ingo-crp] Synopsis from Prof. Edward Swaine - WG call this week? Phil, Up to you. I had seen 3 but that is not enough. Perhaps a refer to the group again? It has been awhile since last held a call so they may not be looking. Paul Keating On 01 Mar 2016, at 4:20 PM, Phil Corwin <psc@vlaw-dc.com<mailto:psc@vlaw-dc.com>> wrote: Paul: We are in no way trying to suppress discussion, but as of yesterday we had not seen anyone indicate that we should hold a call tomorrow other than you. Both staff and the Co-Chairs are very busy this week preparing to fly to Marrakech (I depart on Thursday). Now George indicates that he can be on a call tomorrow, but is indifferent to whether it is held, and thinks it needs minimum participation of 7-8 WG members to be worthwhile. If there are other WG members who believe it would be useful to hold a call tomorrow and are available to participate at 1700 UTC, can they please indicate that at once? 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: George Kirikos [mailto:icann@leap.com] Sent: Tuesday, March 01, 2016 10:00 AM To: Paul Keating Cc: Mary Wong; Phil Corwin; gnso-igo-ingo-crp@icann.org<mailto:gnso-igo-ingo-crp@icann.org> Subject: Re: [Gnso-igo-ingo-crp] Synopsis from Prof. Edward Swaine - WG call this week? I can make it tomorrow at the usual time, but I'm indifferent as to it being tomorrow or next week (we'd probably want at least 7 or 8 participants if we're going to have it tomorrow). Sincerely, George Kirikos 416-588-0269 http://www.leap.com/ On Tue, Mar 1, 2016 at 9:55 AM, Paul Keating <paul@law.es<mailto:paul@law.es>> wrote:
Mary. I saw 3 including me.
Sincerely,
Paul Keating, Esq.
On Mar 1, 2016, at 3:40 PM, Mary Wong <mary.wong@icann.org<mailto:mary.wong@icann.org>> wrote:
Dear all, as of now we have only received indication from one working
group member of a wish to have a WG call tomorrow ahead of the Marrakech meeting.
If you think it would be preferable to schedule a call tomorrow as
well, please reply as soon as possible so that we can make the
necessary arrangements and let everyone know.
Thanks and cheers
Mary
Sent from my iPhone
On Feb 29, 2016, at 13:04, Mary Wong <mary.wong@icann.org<mailto:mary.wong@icann.org>> wrote:
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@icann.org<mailto:mary.wong@icann.org>
Telephone: +1-603-5744889
From: <gnso-igo-ingo-crp-bounces@icann.org<mailto:gnso-igo-ingo-crp-bounces@icann.org>> on behalf of Phil Corwin
<psc@vlaw-dc.com<mailto:psc@vlaw-dc.com>>
Date: Saturday, February 20, 2016 at 12:20
To: George Kirikos <icann@leap.com<mailto:icann@leap.com>>
Cc: "gnso-igo-ingo-crp@icann.org<mailto:gnso-igo-ingo-crp@icann.org>" <gnso-igo-ingo-crp@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@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@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
On Tue, Jan 26, 2016 at 6:20 PM, Phil Corwin <psc@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@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@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
_______________________________________________
Gnso-igo-ingo-crp mailing list
Gnso-igo-ingo-crp@icann.org<mailto:Gnso-igo-ingo-crp@icann.org>
-----
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
<Swaine Draft IGO Immunity Memo Synopsis - 28 Jan.pdf>
_______________________________________________
Gnso-igo-ingo-crp mailing list
Gnso-igo-ingo-crp@icann.org<mailto:Gnso-igo-ingo-crp@icann.org>
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Let's have a quick meeting, it may not be necessary with a full hour, but once you send out the reminder and set-up for a meeting tomorrow, we may well have 1 - 2 more participants. I am avaiallbe. Best, Petter -- Petter Rindforth, LL M Fenix Legal KB Stureplan 4c, 4tr 114 35 Stockholm Sweden Fax: +46(0)8-4631010 Direct phone: +46(0)702-369360 E-mail: petter.rindforth@fenixlegal.eu www.fenixlegal.eu NOTICE This e-mail message is intended solely for the individual or individuals to whom it is addressed. It may contain confidential attorney-client privileged information and attorney work product. If the reader of this message is not the intended recipient, you are requested not to read, copy or distribute it or any of the information it contains. Please delete it immediately and notify us by return e-mail. Fenix Legal KB, Sweden, www.fenixlegal.eu Thank you 1 mars 2016 15:55:24 +01:00, skrev Paul Keating <paul@law.es>:
Mary. I saw 3 including me.
Sincerely, Paul Keating, Esq.
On Mar 1, 2016, at 3:40 PM, Mary Wong <<mary.wong@icann.org>> wrote:
Dear all, as of now we have only received indication from one working group member of a wish to have a WG call tomorrow ahead of the Marrakech meeting. If you think it would be preferable to schedule a call tomorrow as well, please reply as soon as possible so that we can make the necessary arrangements and let everyone know.
Thanks and cheers
Mary
Sent from my iPhone
On Feb 29, 2016, at 13:04, Mary Wong <<mary.wong@icann.org>> wrote:
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@icann.org> Telephone: +1-603-5744889
From:<<gnso-igo-ingo-crp-bounces@icann.org>> on behalf of Phil Corwin <<psc@vlaw-dc.com>> Date:Saturday, February 20, 2016 at 12:20
To:George Kirikos <<icann@leap.com>>
Cc:"<gnso-igo-ingo-crp@icann.org>" <<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@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 <icann@leap.com>] Sent: Tuesday, February 16, 2016 4:33 PM To: Phil Corwin Cc: <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@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@icann.org> [mailto:gnso-igo-ingo-crp-bounces@icann.org <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@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@icann.org> <https://mm.icann.org/mailman/listinfo/gnso-igo-ingo-crp>
----- No virus found in this message. Checked by AVG - <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 - <http://www.avg.com> Version: 2016.0.7303 / Virus Database: 4530/11623 - Release Date: 02/14/16 <Swaine Draft IGO Immunity Memo Synopsis - 28 Jan.pdf>
_______________________________________________ Gnso-igo-ingo-crp mailing list <Gnso-igo-ingo-crp@icann.org> <https://mm.icann.org/mailman/listinfo/gnso-igo-ingo-crp>
_______________________________________________ Gnso-igo-ingo-crp mailing list Gnso-igo-ingo-crp@icann.org <https://mm.icann.org/mailman/listinfo/gnso-igo-ingo-crp>
participants (9)
-
David W. Maher -
George Kirikos -
Jay Chapman -
Lori Schulman -
Mary Wong -
Paul Keating -
Paul＠law.es ZIMBRA
-
Petter Rindforth -
Phil Corwin