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Recordings, DAIRs, Raw Caption Notes for Jurisdiction Subgroup Meeting #45 | 6 September 2017
by MSSI Secretariat Sept. 6, 2017

Sept. 6, 2017

Hello all, You may find the recordings, Decisions, Action Items, Requests (DAIRs), and raw caption notes for CCWG Accountability WS2 Jurisdiction Subgroup Meeting #45 – 6 September 2017 posted at https://community.icann.org/x/diUhB. 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@01D32735.BBE71570] Action Items: * GS to amend draft OFAC recommendation per discussions. 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/69281142/CCWG-Accountabili…> * PDF<https://community.icann.org/download/attachments/69281142/CCWG-Accountabili…> Decisions: * (none) Requests: * Participants comment OFAC recommendation and review issues list. Documents Presented * OFAC Recommendation First Draft 09062017<https://community.icann.org/download/attachments/69281142/OFAC%20Recommenda…>

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CCWG-Accountability-WS2-Jurisdiction Recap of ICANN Legal Responses to Jurisdiction sub-group questions
by Bernard Turcotte Sept. 6, 2017

Sept. 6, 2017

All, The initial responses by ICANN Legal can be found at: https://community.icann.org/display/WEIA/Jurisdiction?preview=/59643282/640… and the answers to the additional questions (including those on choice of law for the registry and registrar agreements) can be found at: https://community.icann.org/display/WEIA/Jurisdiction?preview=/59643282/649… As usual all this information is available at all times on the WS2-Jurisdiction Wiki at: https://community.icann.org/display/WEIA/Jurisdiction Cheers. Bernard Turcotte ICANN Staff Support to the CCWG-Accountability-WS2

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Raphael's email with Issue on Choice of Law in Registry Agreements
by Greg Shatan Sept. 6, 2017

Sept. 6, 2017

All, I've put Raphael's email in these documents to cover part of our Choice of Law in contracts discussion today. Greg

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Current Draft of OFAC Recommendation
by Greg Shatan Sept. 6, 2017

Sept. 6, 2017

All, I've just downloaded the draft of the OFAC Recommendation as it currently stands. It is attached in Word and PDF versions. The Master List will follow. Greg

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Current Draft of Master List of Proposed Issues
by Greg Shatan Sept. 6, 2017

Sept. 6, 2017

All, Here is the current version of the Google Doc Master List of Proposed Issues. Greg

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Agenda for Upcoming Jurisdiction Subgroup Meeting 1900 UTC 6 September 2017
by Greg Shatan Sept. 6, 2017

Sept. 6, 2017

All, The agenda for our upcoming meeting is attached. We will be reviewing the documents at the links below, which will be circulated in Word and PDF versions closer to the time of the meeting. This will allow the group some more time to work on the OFAC Recommendation in particular. We will also be discussing the following set of proposed issues (as listed in the Master List): Provisions relating to choice of law in certain ICANN Agreements - Registry Agreements do not have a provision stating the governing law of the agreement - Registrar Agreements do not have a provision stating the governing law of the agreement - Arbitration of Registry Agreement: Lack of choice in arbitral body and jurisdiction of arbitration - Lack of governing law provisions could lead to courts more likely choosing their own law as governing law - Provisions regarding the venue for hearing disputes in registry agreements are limited to one specific venue, with flexibility allowed only in contracts with Governments and other special cases I look forward to our call. Greg OFAC Recommendation First Draft https://docs.google.com/document/d/1h9xCMjxmKDEHj2aD5d4xDEhIddAR0iId5Uer6nL… Master List of Proposed Issues https://docs.google.com/document/d/1WNYj8jfau11OMUzvguZN8UE-fGos54m8XTYUTnR…

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Agenda and Master List of Proposed Issues for Upcoming Jurisdiction Subgroup Meeting at 13:00 UTC 30 August 2017
by Greg Shatan Sept. 4, 2017

Sept. 4, 2017

All: I have attached the agenda and the master list of proposed issues, collated from all of the recent submissions on the list and in the Google Doc. As a first order of business, we need to confirm that all submissions have been found and added to this list. Please review this before the meeting if possible. Thanks! I look forward to our upcoming meeting. Greg

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Google Doc of Draft OFAC Issues and Recommendations
by Greg Shatan Sept. 3, 2017

Sept. 3, 2017

All, Here is the link to the Google Doc for the Draft OFAC Issues and Recommendations document: https://docs.google.com/document/d/1h9xCMjxmKDEHj2aD5d4xDEhIddAR0iId5Uer6nL… Your comments and suggestions will be much appreciated. Thanks! Greg

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Re: [Ws2-jurisdiction] Agenda and Master List of Proposed Issues for Upcoming Jurisdiction Subgroup Meeting at 13:00 UTC 30 August 2017
by Jorge.Cancio＠bakom.admin.ch Sept. 3, 2017

Sept. 3, 2017

Dear Greg, Apologies for missing the meeting, but it conflicts with a prior commitment. As to the issues collated, I have the following comments I would like you to consider: 1) I cannot identify where exactly our submitted issues nr. 2 and 6 are included, which dealt respectively about arbitration clauses, and venue for resolving conflicts. Could you please clarify? 2) Our submitted issue nr. 3 deals not with "community applications" in the specific meaning of the AGB, but generally with TLDs that serve a community. 3) Our submitted issues contained proposed solutions. Where are these solutions listed? Linking to the respective original submissions would be helpful. Thanks and regards Jorge ________________________________ Von: Greg Shatan <gregshatanipc(a)gmail.com> Datum: 30. August 2017 um 06:10:16 MESZ An: ws2-jurisdiction <ws2-jurisdiction(a)icann.org> Betreff: [Ws2-jurisdiction] Agenda and Master List of Proposed Issues for Upcoming Jurisdiction Subgroup Meeting at 13:00 UTC 30 August 2017 All: I have attached the agenda and the master list of proposed issues, collated from all of the recent submissions on the list and in the Google Doc. As a first order of business, we need to confirm that all submissions have been found and added to this list. Please review this before the meeting if possible. Thanks! I look forward to our upcoming meeting. Greg

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Google Doc with Master List of Proposed Issues
by Greg Shatan Sept. 3, 2017

Sept. 3, 2017

All, Here is a link to the Google Doc with the Master List of Proposed Issues: https://docs.google.com/document/d/1WNYj8jfau11OMUzvguZN8UE-fGos54m8XTYUTnR… Please add suggestions and comments to the list prior to our next meeting. Thank you. Greg

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