David, I wouldn't say that there was any agreement that something more succinct than your email was needed. We haven't really discussed that point with any granularity. There was a thought expressed that a more succinct definition might be useful, but not to the exclusion of a more lengthy description or discussion. Given the importance of the term applicable law in the Bylaw, I think that both will be needed, and both of your contributions will be useful in that regard. Greg On Tue, Oct 11, 2016 at 9:10 AM, McAuley, David <dmcauley@verisign.com> wrote:
Thank you Niels.
And many thanks to the drafting team of Greg, Jorge, Matthew, and Tatiana who have labored long and hard - and at incredible hours of the day and night – on the draft work in progress that is on the agenda.
In that document those four grappled with the term “applicable law” (among many other things) and agreed that something more succinct was needed than my e-mail on the subject provided.
I agree – I wrote that e-mail without fully appreciating that a definition was needed – instead I meant to offer a more detailed explanation of a comment I made on our last call.
So here is a boiled down version of what I wrote that maybe could help the drafting team (noting that nothing is final yet):
The term “applicable law” as used in this context refers to that body of law that binds ICANN at any given time and in any given circumstance. It may be statutes, rules, regulations and the like, as well as decisional orders/rulings of courts having appropriate jurisdiction, that take effect through the power of a legitimate governmental entity. “Applicable law” is changeable over time and can work disparate impacts around the world. While the concept of “applicable law” eludes cataloguing it is ascertainable in the context of a specific question or issue.
David
David McAuley International Policy Manager Verisign Inc. 703-948-4154
-----Original Message----- From: ws2-hr-bounces@icann.org [mailto:ws2-hr-bounces@icann.org] On Behalf Of Niels ten Oever Sent: Tuesday, October 11, 2016 5:06 AM To: ws2-hr@icann.org Subject: Re: [Ws2-hr] Proposed agenda + documents meeting October 11 - 19:00 UTC
Pardon me, I forgot to attach the slides for tonights call, please find them attached now, as well as the (work in progress) drafting team document.
Best,
Niels
On 10/11/2016 11:00 AM, Niels ten Oever wrote:
Dear all,
I hope this email finds you well. Please find underneath the proposed agenda for the call of our subgroup on 11 October 19:00 UTC.
Please find also attached the proposed slides as well as the document the Drafting Team consisting of Greg, Tatiana, Matt and Jorge, have been working on this week. You can also find that document here:
https://docs.google.com/document/d/1XFmkzSFh4CuVR7uWWh6-ZUNii4iVd-jQwx 9eZ01CGFw/edit
All your comments and suggestions are of course very welcome.
1. Administrivia Roll call, absentees, SoIs, etc 2. Analysis and discussion of proposed definition of applicable law by David McAuley 3. Analysis and discussion on new draft FoI document produced by Drafting Team 4. AOB
I'm greatly looking forward to see you all on the call.
Best,
Niels
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