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Agenda for 28 February Jurisdiction Subgroup Meeting
by Greg Shatan Feb. 28, 2018

Feb. 28, 2018

All, Attached is the agenda for the upcoming Subgroup meeting. PDF version to follow. I look forward to our call. Greg

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Fwd: Table of Proposed Changes in Feb 27 Jurisdiction Report
by Greg Shatan Feb. 28, 2018

Feb. 28, 2018

---------- Forwarded message --------- From: Gregory S. Shatan <gshatan(a)mosessinger.com> Date: Tue, Feb 27, 2018 at 8:24 PM Subject: Table of Proposed Changes in Feb 27 Jurisdiction Report To: gregshatanipc(a)gmail.com <gregshatanipc(a)gmail.com> All, Attached is a table in Word and PDF that sets out the proposed changes in this version of the Report. (It’s the same document even though the titles are slightly different). Greg _________________________________________________________________ This message is being sent from a Law Firm and may contain CONFIDENTIAL or PRIVILEGED information. If you are not the intended recipient, do not print, copy or distribute this message or any attachments. Advise the sender immediately by reply e-mail, and delete this message and attachments without retaining a copy. *Disclaimer* The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. This email has been scanned for viruses and malware, and may have been automatically archived by *Mimecast Ltd*, an innovator in Software as a Service (SaaS) for business. Providing a *safer* and *more useful* place for your human generated data. Specializing in; Security, archiving and compliance. To find out more Click Here <http://www.mimecast.com/products/>.

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FINAL DRAFT REVISED REPORT OF JURISDICTION SUBGROUP
by Greg Shatan Feb. 27, 2018

Feb. 27, 2018

All, The final draft of the revised Jurisdiction Subgroup report is attached for your review. The Google doc version is at https://docs.google.com/document/d/1rdMJyvZdyN9TApT6gx_3NwpdvIL7YKHEUD7tNfL… *PLEASE SPECIFICALLY REVIEW THE SIX "NOTES" IN THE MARGINAL COMMENTS. THESE SHOW WHERE POSSIBLE CHANGES TO THE REPORT HAVE BEEN DISCUSSED AND TENTATIVELY RESOLVED.* *PLEASE RESPOND WITH YOUR POSITION ON THESE SIX NOTES, PARTICULARLY IF YOU OBJECT TO THE RESOLUTION IN THE BODY OF THE REPORT. (Expressions of support are welcome, but not necessary. Lack of response will be interpreted as "Can live with it.")* *THIS IS PARTICULARLY IMPORTANT IF YOU WILL NOT BE ON WEDNESDAY'S CALL, SO YOUR VOICE CAN BE HEARD. The Report must be submitted to the Plenary no later than Friday, March 2 (two days after our call).* Thank you for your review. Best regards, Greg

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CCWG=Accountability-WS2-Jurisdiction-Meeting Wednesday 28 February 1300 UTC
by Bernard Turcotte Feb. 27, 2018

Feb. 27, 2018

All, This is simply a reminder that the next Jurisdiction is scheduled for Wednesday 28 February 1300 UTC. Bernard Turcotte ICANN Staff Support to the CCWG=Accountability-WS2

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Recordings, DAIRs, Raw Caption Notes for Jurisdiction Subgroup Meeting #56 | 21 February 2018
by MSSI Secretariat Feb. 21, 2018

Feb. 21, 2018

Hello all, Please find the recordings, Decisions, Action Items, Requests (DAIRs), and raw caption notes for CCWG Accountability WS2 Jurisdiction Subgroup Meeting #56 – 21 February 2018 posted at https://community.icann.org/x/UBG8B 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@01D3AB14.FB467270] Action Items: * GS to post updated document to the list ASAP. 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/79434064/CCWG-Accountabili…> * PDF<https://community.icann.org/download/attachments/79434064/CCWG-Accountabili…> Decisions: * From the OPEN ITEMS TO RESOLVE IN REVISED DRAFT REPORT document (all decisions to be confirmed on list): * 1 Best Efforts - agreed * Use BEST EFFORTS with the following footnote - The term “best efforts,” as used throughout, should be understood to be limited by “reasonableness,” meaning that an entity (here, ICANN) must use its best efforts, except for any efforts that would be unreasonable. * 2 REVISE “APPLICANT IS OTHERWISE QUALIFIED.” * No agreement GS will propose text to list. * 3 RECOMMEND A METHOD OF SELECTING FROM CHOICE OF LAW MENU – agreed * Revise menu proposal to (A) recommend that the party contracting with ICANN have the choice of jurisdictions from the menu, and to (B) remove all mentions that it could be negotiated with ICANN. * 4 SUMMARY OF WORK OF SUBGROUP BEFORE, DURING AND AFTER COMMENT PERIOD. Agreed * Suggestion by Thiago to be put to the list by GS. * 5 REVIEW PROPOSED LANGUAGE ADDED TO OFAC GENERAL LICENSE RECOMMENDATION – agreed * The utmost importance of these recommendations for ICANN to carry out its mission and facilitate the global access to DNS should be considered when implementing them. Taking into account this importance, the implementation phase should start no later than six months after approval by the ICANN Board. * 6 REVIEW AND APPROVE STRESS TESTS. Agreed with friendly amendment by D. McAuley and GS. Requests: * Given the next meeting should be last participants are urged to contribute to the list prior to the next meeting.

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ENC: Agenda Materials for Jurisdiction Subgroup Meeting 21 Feb 2018 1300 UTC
by Thiago Braz Jardim Oliveira Feb. 21, 2018

Feb. 21, 2018

It seems my email below was not delivered. De: Thiago Braz Jardim Oliveira Enviada em: quarta-feira, 21 de fevereiro de 2018 09:42 Para: Greg Shatan; ws2-jurisdiction Assunto: RES: [Ws2-jurisdiction] Agenda Materials for Jurisdiction Subgroup Meeting 21 Feb 2018 1300 UTC Dear all, On the “best efforts” discussion we will have in a bit, allow me to reproduce one or two passages below echoing the point I made in our previous call: ‘with respect to limitations on the meaning of “best efforts”, some case law [in Canada] suggests that while “best efforts” require “first class efforts”, they do not require the party making them to sacrifice its own economic interest’ … ‘The Courts [in Canada] have not yet addressed whether the addition of the word “reasonable” has any impact on the interpretation of the “best efforts” obligation. Arguably “best efforts” already incorporates an element of “reasonableness” by definition as the Courts have defined “best efforts” to mean: “taking, in good faith, all reasonable steps to achieve the objective, carrying the process to its logical conclusion and leaving no stone unturned.”’ [https://sheanerland.com/insights/best-efforts-reasonable-efforts-commercial…] I had previously found the same points in English jurisprudence, but am unable to find it again now. In any case, I concede that “best efforts” is a higher standard than “reasonable efforts” (as it probably is in relation “reasonable best efforts” too), but the higher standard that is meant by a “best efforts” obligation has already embedded within it an element of “reasonableness”, and it would be a shame to limit the ambiguity (and leeway to abide by a higher or lower standard) that already exists in the expression, by adding “reasonable” to it”, which would come at the price of turning our call upon ICANN to obtain general licenses to OFAC even softer than it already is… Best regards, Thiago De: Ws2-jurisdiction [mailto:ws2-jurisdiction-bounces@icann.org] Em nome de Greg Shatan Enviada em: terça-feira, 20 de fevereiro de 2018 22:10 Para: ws2-jurisdiction Assunto: [Ws2-jurisdiction] Agenda Materials for Jurisdiction Subgroup Meeting 21 Feb 2018 1300 UTC 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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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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