February 2018 - Ws2-jurisdiction

US Court Holding on Attachment of Property of a Foreign Government.
by paul.rosenzweig＠gmail.com Feb. 21, 2018

Feb. 21, 2018

Colleagues This issue lies in our past, and I do not wish to reopen it substantively, but for a fair amount of time we considered the extent to which US courts would protect the interest of foreign governments and their property. For those who want to continue to follow this issue, this unanimous opinion of the US Supreme Court, issued today, might be of interest: https://www.supremecourt.gov/opinions/17pdf/16-534_6jfm.pdf All the best Paul Paul Rosenzweig paul.rosenzweig(a)gmail.com <mailto:paul.rosenzweig@gmail.com> M: +1 (202) 329-9650 VOIP: +1 (202) 738-1739 Our travel blog: http://www.paulandkatyexcellentadventure.blogspot.com/ My PGP Key: https://keys.mailvelope.com/pks/lookup?op=get <https://keys.mailvelope.com/pks/lookup?op=get&search=0x9A830097CA066684> &search=0x9A830097CA066684 <https://www.rsaconference.com/events/us18?utm_source=speakers&utm_medium=em ail&utm_campaign=signature-us2018>

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Agenda Materials for Jurisdiction Subgroup Meeting 21 Feb 2018 1300 UTC
by Greg Shatan Feb. 21, 2018

Feb. 21, 2018

All, Attached are the Agenda, Draft Report and a document showing the open items we must resolve in the revised draft Report. I look forward to our call. Greg

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CCWG-Accountability-WS2-Jurisdiction Meeting Wednesday 21 February 1300 UTC - Reminder to confirm
by Bernard Turcotte Feb. 20, 2018

Feb. 20, 2018

All, this is to confirm that this meeting will be held. Thank You. Bernard Turcotte ICANN Staff Support to the CCWG-Accountability-WS2 On Fri, Feb 16, 2018 at 9:58 AM, Bernard Turcotte < turcotte.bernard(a)gmail.com> wrote: > All, > > corrected the SUBJECT line which was missing that this was for the > Jurisdiction call. > > > Bernard Turcotte > ICANN Staff Support to the CCWG-Accountability-WS2 > > > On Fri, Feb 16, 2018 at 9:49 AM, Bernard Turcotte < > turcotte.bernard(a)gmail.com> wrote: > >> All, >> >> This is a reminder to please confirm your participation in the above >> mentioned meeting. >> >> We require a minimum of 5 confirmations 36 hours prior to the call to >> confirm holding it. >> >> In this case the deadline for confirming is Tuesday 20 February 0100UTC. >> >> Thank You. >> >> >> >> Bernard Turcotte >> ICANN Staff Support to the CCWG-Accountability-WS2 >> >> >> >

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Jurisdiction Draft 11 11 Feb 2018
by Kavouss Arasteh Feb. 17, 2018

Feb. 17, 2018

Dear Greg, Thank You very much for the draft I was unable to attend the last meeting as I was on the Plane However, on page 16 .Section/ Paragraph 4,I have noted a paragraph in bold. The inclusion of that bolded paragraph, has a negative connotation as it negate and neutralize the action(s) described / required in that paragraph. I therefore suggest the following amendment which convey the same message but in positive sense See Below * ” 4. Application Process.* Applicant acknowledges that ICANN must comply with all U.S. laws, rules, and regulations. One such set of regulations is the economic and trade sanctions program administered by the Office of Foreign Assets Control ("OFAC") of the U.S. Department of the Treasury. These sanctions have been imposed on certain countries, as well as individuals and entities that appear on OFAC's List of Specially Designated Nationals and Blocked Persons (the "SDN List"). ICANN is prohibited from providing most goods or services to residents of sanctioned countries or their governmental entities or to SDNs without an applicable U.S. government authorization or exemption. ICANN generally will not seek a license to provide goods or services to an individual or entity on the SDN List. In the past, when ICANN has been requested to provide services to individuals or entities that are not SDNs, but are residents of sanctioned countries, ICANN has sought and been granted licenses as required. While ICANN ,in principle, is under no obligations to seek such licenses and, in any given case, and OFAC may decide not to issue a requested license, nevertheless ICANN, is required to apply for and use reasonable best efforts to secure an OFAC license if the other party is otherwise acceptable as a registrar (and is not on the SDN List). During the licensing process, ICANN should be helpful and transparent with regard to the licensing process and ICANN’s efforts, including ongoing communication with the potential registrar. Moreover, I saw that you referring to the comments from Non Commerciale Stakeholder that you want to consider for which I have no objection but, Why you have not taken into account comments from Russia, Italy, France into account It seems you have totally ignore these comments that formally requested you to briefly refer to the French, Italian, Russian comments in the introductory part Regards . Kavouss

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CCWG-Accountability-WS2-Jurisdiction Meeting Wednesday 21 February 1300 UTC - Reminder to confirm
by Bernard Turcotte Feb. 16, 2018

Feb. 16, 2018

All, corrected the SUBJECT line which was missing that this was for the Jurisdiction call. Bernard Turcotte ICANN Staff Support to the CCWG-Accountability-WS2 On Fri, Feb 16, 2018 at 9:49 AM, Bernard Turcotte < turcotte.bernard(a)gmail.com> wrote: > All, > > This is a reminder to please confirm your participation in the above > mentioned meeting. > > We require a minimum of 5 confirmations 36 hours prior to the call to > confirm holding it. > > In this case the deadline for confirming is Tuesday 20 February 0100UTC. > > Thank You. > > > Bernard Turcotte > ICANN Staff Support to the CCWG-Accountability-WS2 > > >

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CCWG-Accountability-WS2 Meeting Wednesday 21 February 1300 UTC - Reminder to confirm
by Bernard Turcotte Feb. 16, 2018

Feb. 16, 2018

All, This is a reminder to please confirm your participation in the above mentioned meeting. We require a minimum of 5 confirmations 36 hours prior to the call to confirm holding it. In this case the deadline for confirming is Tuesday 20 February 0100UTC. Thank You. Bernard Turcotte ICANN Staff Support to the CCWG-Accountability-WS2

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Recordings, DAIRs, Raw Caption Notes for Jurisdiction Subgroup Meeting #55 | 14 February 2018
by MSSI Secretariat Feb. 16, 2018

Feb. 16, 2018

Hello all, Please find the recordings, Decisions, Action Items, Requests (DAIRs), and raw caption notes for CCWG Accountability WS2 Jurisdiction Subgroup Meeting #55 – 14 February 2018 posted at https://community.icann.org/x/ewa8B The transcript will be posted on when it becomes available (usually in 3 to 5 business days after the call). A copy of the DAIRs and raw caption notes may be found below. Thank you. With kind regards, Brenda Brewer, Projects & Operations Assistant Multistakeholder Strategy & Strategic Initiatives (MSSI) Internet Corporation for Assigned Names and Numbers (ICANN) [cid:image001.png@01D3A686.5D14A960] Action Items: * GS to produce two footnote options regarding the REASONABLE BEST EFFORT discussion for the list. Raw Captioning Notes Disclaimer: This rough edit transcript, which may contain missing, misspelled or paraphrased words, is only provided for your immediate review and is not certified as verbatim and is not to be cited in any way. * Word Doc<https://community.icann.org/download/attachments/79431291/CCWG-Accountabili…> * PDF<https://community.icann.org/download/attachments/79431291/CCWG-Accountabili…> Decisions: * Continue second reading of comments starting at comment 9.01 on next call Requests: * (none) Next Meeting: * Wednesday 21 February 1300 UTC Documents Presented * WS2-Jurisdiction-Final Draft v1.2.3<https://community.icann.org/download/attachments/79431291/WS2-Jurisdiction-…>

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FOR YOUR REVIEW: Revisions-in-Process version of Jurisdiction Subgroup Report
by Greg Shatan Feb. 12, 2018

Feb. 12, 2018

All, I have attached Word and PDF versions of the revisions-in-process version of the Jurisdiction Subgroup Report. This draft is also available as a Google Doc at https://docs.google.com/document/d/1rdMJyvZdyN9TApT6gx_3NwpdvIL7YKHEUD7tNfL… This draft reflects changes to the consensus of the Subgroup’s Draft Report based on the Subgroup’s review and discussion of the Public Comments. I would like to draw your attention particularly to the following items: 1. *Consensus Check Needed on Recommending a Method of Choosing Governing Law. *On the February 7 Subgroup call, there was considerable support for changing the consensus on how the “choice of law” would be chosen from the menu. In the Comment Draft, the Subgroup mentioned both having the registry (or the registrar) choose the governing law and having the choice of governing law be subject to negotiation, without expressing a preference for either. On the Subgroup call, there was support for recommending that the registry (or the registrar) choose the governing law, and stating expressly that it would not be negotiated with ICANN. *It is important to see if we have a new consensus among the Subgroup members, not just those on the call, since the call was lightly attended. A*ny “recommendation” by this Subgroup on this issue will be advisory only and not truly a recommendation (i.e., one that if approved by the Chartering Orgs and the Board, must be put in place), since amendments to the base agreements are governed by a separate process. *If we adopt this new approach, the marked proposed changes on pages 5, 20, 21 and 25 would be accepted. If not, these changes would not be adopted. (For your convenience, there is a comment attached to each of these proposed changes.)* 2. *Proposed Language Needed from NCSG on change to OFAC General License Recommendation. *On the February 7 Subgroup call, there was discussion of the NCSG’s comment on the recommendation relating to OFAC general licenses, which suggested changing the consensus language on this point to a firmer approach. Since we were coming to the end of the call, and the NCSG comment did not suggest exact edits to the current language, a request was made to the NCSG representatives on the call that a proposed revision be circulated so that the Subgroup could have a more concrete discussion of the proposed change. It would be very helpful to have this new language ASAP. If none is forthcoming, I will try my best to come up with a proposed revision this recommendation before the call. 3. *Summary of Subgroup’s Latest Work added to “Background” Section (page 11). *The summary of work in the public comment draft necessary ended before the draft was completed by the Subgroup for submission to the Plenary. I have now added proposed language describing events since that time, particularly the submission of the dissenting opinion by the Government of Brazil, the approval of the Report by the Plenary, the Public Comment period, the receipt of Comments, and the Subgroup’s consideration of the Comments. While there are other proposed changes in the document, I believe these are the most significant. We will go over these points in our upcoming call and, hopefully, complete our “second reading” of the Comments as well, including any changes to the Subgroup’s consensus requiring revisions to the Report. I look forward to our call. Best regards, Greg

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Re: [Ws2-jurisdiction] CCWG-Accountability-WS2-Jurisdiction Meeting Wednesday 14 February 1900 UTC - Reminder to confirm
by Bernard Turcotte Feb. 12, 2018

Feb. 12, 2018

All, We now have our minimum required number of participants which have confirmed - as such we can advise that this call will proceed as planned. Bernard Turcotte ICANN Staff Support to the CCWG-Accountability-WS2 On Sun, Feb 11, 2018 at 10:31 AM, Bernard Turcotte < turcotte.bernard(a)gmail.com> wrote: > All, > > We currently only have 3 confirmations of attendance to this call. > > As noted last week the deadline for confirmations is Tuesday 13 February > 0700 UTC - if we fail to obtain the 5 confirmations of attendance we will > be forced to cancel this call. > > Thank you. > > > Bernard Turcotte > ICANN Staff Support to the CCWG-Accountability-WS2 >

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CCWG-Accountability-WS2 Meeting Wednesday 14 February 1900 UTC - Reminder to confirm
by Bernard Turcotte Feb. 11, 2018

Feb. 11, 2018

All, We currently only have 3 confirmations of attendance to this call. As noted last week the deadline for confirmations is Tuesday 13 February 0700 UTC - if we fail to obtain the 5 confirmations of attendance we will be forced to cancel this call. Thank you. Bernard Turcotte ICANN Staff Support to the CCWG-Accountability-WS2

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