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Notes, recordings and transcript for WS2 Jurisdiction Subgroup Meeting # 28 | 25 April 2017
by MSSI Secretariat April 25, 2017

April 25, 2017

Hello all, The notes, recordings and transcripts for CCWG Accountability WS2 Jurisdiction Subgroup Meeting #28– 25 April 2017 will be available here: https://community.icann.org/x/0c3RAw A copy of the action items and raw caption notes may be found below. With kind regards, Brenda Brewer, Projects & Operations Assistant Multistakeholder Strategy & Strategic Initiatives (MSSI) Internet Corporation for Assigned Names and Numbers [cid:image001.png@01D2BD9E.9169D400] Action Items * GS – to circulate a doodle poll to schedule a call of the questionnaire evaluation group. * GS – to circulate form for Litigation analysis to list * GS – To complete analysis of his two cases. * GS – Will complete the question on choice of law and send to the legal committee. Raw Captioning Notes · Word Doc <https://community.icann.org/download/attachments/64081361/0425ICAN0500UTC.d…> (Note that these are the unofficial transcript. Official transcript will be posted 2-3 days after the call) · PDF <https://community.icann.org/download/attachments/64081361/0425ICAN0500UTC.p…> (Note that these are the unofficial transcript. Official transcript will be posted 2-3 days after the call)

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Draft Follow-Up Question to ICANN Legal
by Greg Shatan April 25, 2017

April 25, 2017

All, Here is a draft of the question to ICANN Legal, along with their initial answer on the fact that the RA and RAA do not specify an applicable law. Your comments are appreciated. This will be referred to on the upcoming call. Greg *Greg Shatan *C: 917-816-6428 S: gsshatan Phone-to-Skype: 646-845-9428 gregshatanipc(a)gmail.com

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Jurisdiction Subgroup Agenda for 24 April 2017 at 0500 UTC
by Greg Shatan April 25, 2017

April 25, 2017

All, I have attached the agenda for the upcoming meeting, along with copies of the Litigation chart and Work Plan circulated earlier today. I look forward to talking shortly. Greg *Greg Shatan *C: 917-816-6428 S: gsshatan Phone-to-Skype: 646-845-9428 gregshatanipc(a)gmail.com

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Revised Draft Work Plan
by Greg Shatan April 24, 2017

April 24, 2017

All, The revised draft Work Plan is now posted as a Google Doc that everyone can comment on. Here is the link: https://docs.google.com/document/d/1li2uDMNIfMmoXnCdLuAb4rsN6F9JFu7Mae1y0sF… A copy is also attached as a PDF. All comments are appreciated (but most appreciated if they are added to the Google Doc). Thanks! Greg *Greg Shatan *C: 917-816-6428 S: gsshatan Phone-to-Skype: 646-845-9428 gregshatanipc(a)gmail.com

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Update on Subgroup Review of ICANN Litigations
by Greg Shatan April 24, 2017

April 24, 2017

All: I have attached a PDF of the list of ICANN Litigations, showing progress to date. Progress is being tracked in the right hand column and also in a new table at the end of the document. As you will see, there are still 20 cases unclaimed, as well as 6 cases in process. As you will also see, only 4 cases were claimed in the last 4 weeks. We clearly need more volunteers to review and summarize cases if we want to finish this project. The list is available on Google Drive, where you can sign up for cases: https://docs.google.com/document/d/1oo9oDJuuxFz1UUNaBfHeor7HPhJ5XcRHFTq3hjR… *Greg Shatan *C: 917-816-6428 S: gsshatan Phone-to-Skype: 646-845-9428 gregshatanipc(a)gmail.com

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Fwd: [CCWG-AcctWS2.Jurisdiction.Questionnaire] Responses to the Jurisdiction Questionnaire
by Bernard Turcotte April 24, 2017

April 24, 2017

---------- Forwarded message ---------- From: ICANN_GAC <dpt_02(a)motc.gov.tw> Date: Mon, Apr 24, 2017 at 4:21 AM Subject: [CCWG-AcctWS2.Jurisdiction.Questionnaire] Responses to the Jurisdiction Questionnaire To: "ccwg-acctws2.jurisdiction.questionnaire" < ccwg-acctws2.jurisdiction.questionnaire(a)icann.org> Cc: dpt_02 <dpt_02(a)motc.gov.tw> Dear Sirs, On behalf of the Ministry of Transportation and Communications, Republic of China (Taiwan), I hereby send the responses to the CCWG-Accountability WS2 Issues Jurisdiction Questionnaire as below. Best regards, Mao-shong (Morris) Lin Taiwan GAC Representative Deputy Director of Dept. Posts and Telecommunications Ministry of Transportation and Communications Republic of China (Taiwan) QUESTIONNAIRE 1. Has your business, your privacy or your ability to use or purchase domain name-related services been affected by ICANN's jurisdiction* in any way? If the answer is Yes, please describe specific cases, situations or incidents, including the date, the parties involved, and links to any relevant documents. Please note that “affected” may refer to positive and/or negative effects. Response: No. 2. Has ICANN's jurisdiction* affected any dispute resolution process or litigation related to domain names you have been involved in? If the answer is Yes, please describe specific cases, situations or incidents, including the date, the parties involved, and links to any relevant documents. Please note that “affected” may refer to positive and/or negative effects. Response: Not yet. 3. Do you have copies of and/or links to any verifiable reports of experiences of other parties that would be responsive to the questions above? If the answer is yes, please provide these copies and/or links. Response: No. 4. a. Are you aware of any material, documented instance(s) where ICANN has been unable to pursue its Mission because of its jurisdiction?* If so, please provide documentation. Response: No. b. Are you aware of and able to document the existence of an alternative jurisdiction where ICANN would not be so prevented from pursuing its Mission? If so, please provide documentation. Response: No. ** 本信件可能包含交通部機密資料，非指定收件者，請勿使用或揭露本信件內容 / This mail may contain MOTC confidential information. Please do not use or disclose it in any way and please delete it if you are not the intended recipient/ ** _______________________________________________ CCWG-AcctWS2.Jurisdiction.Questionnaire mailing list CCWG-AcctWS2.Jurisdiction.Questionnaire(a)icann.org https://mm.icann.org/mailman/listinfo/ccwg-acctws2. jurisdiction.questionnaire

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Fwd: [CCWG-AcctWS2.Jurisdiction.Questionnaire] Fw: Inputs from China Internet community on Jurisdiction Questions
by Bernard Turcotte April 21, 2017

April 21, 2017

Response to questionnaire. B. ---------- Forwarded message ---------- From: 刘越 <liuyue(a)caict.ac.cn> Date: Thu, Apr 20, 2017 at 3:44 PM Subject: [CCWG-AcctWS2.Jurisdiction.Questionnaire] Fw: Inputs from China Internet community on Jurisdiction Questions To: ccwg-acctws2.jurisdiction.questionnaire(a)icann.org Dear Sir/Madam, I am a researcher from the Internet Governance Research Center,Chinese Academy of Information Communications and Technology. Our Center held a workshop on the Jurisdiction questions of the CCWG-Accountability WS2.The workshop is a part of ICANN 58 China Internet Community Readout Session. Please find the attached files. These are the transcripts of the workshop with Chinese and English versions as our inputs for your reference. Thank you! If you have any question, please contact me. Yours, Liu Yue -----原始邮件----- *发件人:*"刘越" <liuyue(a)caict.ac.cn> *发送时间:*2017-04-18 06:41:54 (星期二) *收件人:* ws2-jurisdiction(a)icann.org *抄送:* *主题:* Inputs from China Internet community on Jurisdiction Questions Dear Sir/Madam, I am a researcher from the Internet Governance Research Center,Chinese Academy of Information Communications and Technology. Our Center held a workshop on the Jurisdiction questions of the CCWG-Accountability WS2.The workshop is a part of ICANN 58 China Internet Community Readout Session. Please find the attached files. These are the transcripts of the workshop with Chinese and English versions as our inputs for your reference. Thank you! If you have any question, please contact me. Yours, Liu Yue _______________________________________________ CCWG-AcctWS2.Jurisdiction.Questionnaire mailing list CCWG-AcctWS2.Jurisdiction.Questionnaire(a)icann.org https://mm.icann.org/mailman/listinfo/ccwg-acctws2. jurisdiction.questionnaire

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Upcoming Jurisdiction Calls
by Greg Shatan April 20, 2017

April 20, 2017

All: For your convenience, here is the current schedule of upcoming calls: Tuesday, April 25: 0500 UTC (invite sent 22 March) Tuesday, May 2: 1300 UTC (invite sent 12 April) Tuesday, May 9: 1900 UTC (invite sent 12 April) Tuesday, May 16: 0500 UTC (invite sent 12 April) Tuesday, May 23: 1300 UTC (invite not yet sent) Tuesday, May 30: 1900 UTC (invite not yet sent) Please make sure the first four meetings are noted in your calendar, and be on the lookout for the invites for the last two meetings. Greg *Greg Shatan *C: 917-816-6428 S: gsshatan Phone-to-Skype: 646-845-9428 gregshatanipc(a)gmail.com

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Fwd: [CCWG-AcctWS2.Jurisdiction.Questionnaire] CCWG-Accountability Work Stream 2 Issues Jurisdiction Questionnaire
by Bernard Turcotte April 20, 2017

April 20, 2017

questionnaire response. B. ---------- Forwarded message ---------- From: Lance Hinds <gac.mopt(a)gmail.com> Date: Thu, Apr 20, 2017 at 6:13 AM Subject: [CCWG-AcctWS2.Jurisdiction.Questionnaire] CCWG-Accountability Work Stream 2 Issues Jurisdiction Questionnaire To: ccwg-acctws2.jurisdiction.questionnaire(a)icann.org Dear Sir/Madam, Please see attached Best regards Lance Hinds Principal Advisor, ICT Ministry of Public Telecommunications Government of Guyana _______________________________________________ CCWG-AcctWS2.Jurisdiction.Questionnaire mailing list CCWG-AcctWS2.Jurisdiction.Questionnaire(a)icann.org https://mm.icann.org/mailman/listinfo/ccwg-acctws2. jurisdiction.questionnaire

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Notes, recordings and transcript for WS2 Jurisdiction Subgroup Meeting # 27 | 18 April 2017
by MSSI Secretariat April 19, 2017

April 19, 2017

Hello all, The notes, recordings and transcripts for CCWG Accountability WS2 Jurisdiction Subgroup Meeting #27– 18 April 2017 will be available here: https://community.icann.org/x/zs3RAw A copy of the action items and notes may be found below. With kind regards, Brenda Brewer, Projects & Operations Assistant Multistakeholder Strategy & Strategic Initiatives (MSSI) Internet Corporation for Assigned Names and Numbers [cid:image001.png@01D2B90A.5F4366F0] Action Items: · Staff – Get responses to questionnaire which are not in English translated to English. · Greg Shatan – (Re Employ media case analysis) Draft a request to ICANN Legal as to why there is no choice of law in the registry agreements. · Greg Shatan – Place work plan in Google Docs and post link to group to facilitate commenting. · Greg Shatan – post update to list on Review of ICANN Litigations noting which cases are due by who and which cases still need people to review. Notes (including relevant portions of chat): 16 participants at start of call 1. Welcome 2. Review of Agenda (2 minutes) Greg Shatan - (none) 3. Administration (1 minute) 3.1. Changes to SOIs Greg Shatan - Any changes (none). 3.2. Identify Audio Only and Phone Number Participants Greg Shatan - Any audio only? (none) 4. Review of decisions and action items from last call (2 minutes) 4.1. Decisions – none 4.2. Action Items: 4.2.1. To review work plan presentation for plenary per comments (Greg) Greg Shatan - this was done and emailed and presented to the plenary. 4.2.2. Questionnaire Review Team – Review latest submissions Greg Shatan - No meeting of this group yet. An email has been sent to the QRT email list with a proposed process. 4.2.3. Will post to list to encourage discussion of the latest case analysis (Greg) Greg Shatan - completed. 5. Update on Questionnaire (10 minutes) 5.1. Questionnaire closed April 17, 2017 Kavouss Arasteh - should cut off as of this meeting. Greg Shatan - chat seems to indicate preference for Friday 23:59UTC (DECISION). need staff to advise when translations will be available (ACTION ITEM). Note that there are more than a dozen open comments currently. avri doria: it isn't just holidays, it is the massive number for open comments. avri doria: same thing happened at NCSG call this morning Jorge Cancio (GAC Switzerland): I just note that apparently we have little feedback from registries and registrars (or their constituencies)... 6. Review of ICANN Litigations (15 minutes) 6.1. Name.Space, Inc. v. ICANN. – DM David McAuley - Interesting case but very little impact on Jurisdiction. (presenting case analysis). Milton Mueller - want to emphasize - the original lawsuit from NSI in the late 90's is why the USG asserted control over the Root to avoid the anti-trust issues. ICANN could still be sued for monopolization if it could be proved it colluded for this but this was by design and the fact it is US jurisdiction makes little difference. Phil Corwin - question for DM - if this case were brought today would it also be dismissed? David McAuley - Hard to say - it could of been a little easier for NSI to make the monopolization case - but uncertain they would of gotten any further. Kavouss Arasteh: Milton, Is really ICANN able to do this type of monopolization after transition avri doria: i think until it is challenged, it is difficult to call it definitely. Depends on how they interpret the NTIA grant to ICANN when it turned everything over. Milton Mueller: there is no NTIA grant to ICANN Greg Shatan - re anti-trust immunity or a state actor were not considered by the court - the contract with the USG was the main consideration. avri doria: Milton, i will be interested to see how future cases argue it and how it is treated. Milton Mueller: Kavouss: if ICANN passed a policy that was proposed by registrars and registries that substantially restricted competition in the domain name market it could be sued on antitrust grounds David McAuley (RySG): The "no amendment would cure language by the court is also interesting Erich Schweighofer: Does that mean that ICANN is subject to control of monopolisation, e.g. abuse of a dominant market position. David McAuley (RySG): I cannot answer that one Erich 6.2. Employ Media LLC v ICANN - RBL Raphael Beauregard-Lacroix - (presenting case analysis) Milton Mueller: What was the settlement, Raphael? Raphael Beauregard-Lacroix - who would be able to register for .jobs. Milton Mueller: Who caved ? ICANN or .JOBs? Jorge Cancio (GAC Switzerland): what could be the reasons for not specifying the applicable law? Raphael Beauregard-Lacroix - not specified in the documentation. Jorge Cancio (GAC Switzerland): nobody does such a thing without a reason... Milton Mueller: right Jorge Cancio (GAC Switzerland): (being a well-advised corporation) Greg Shatan - ACTION ITEM - Ask ICANN applicable is not specified - Anyone interested in drafting? if not I will.why Kavouss Arasteh - why was this not included - there must be a reason? Greg Shatan - any further questions? 7. Questions to ICANN Legal: Follow-Up (10 minutes) 7.1. Further questions and next steps Greg Shatan - Sam Eisner was on the plenary call - if participants missed that they are encouraged to read the transcript or listen to the recording. Any further points on this except the question from the previous point? (none). Jorge Cancio (GAC Switzerland): and I guess others may pop-up as we discuss 8. Draft Work Plan and Schedule: Follow-Up (10 minutes) 8.1. Comments or Questions on Current Draft (revised after Subgroup meeting and circulated to Plenary) Greg Shatan - Encourage all comments on the plan - this is our plan so please comment. ACTION ITEM GS - will put it up as a GoogleDoc. to facilitate comments. Would like to remind everyone we should only look for remedies to issues that are identified. David McAuley (RySG): That would be welcome Greg Greg Shatan - would note there are some cases that have not been claimed for analysis - and would encourage people to claim those and those that have claimed but not completed to please complete these (ACTION ITEM). Would be nice to have something for ICANN 59. Cheryl Langdon-Orr (CLO): aim for that...yes Kavouss Arasteh - will this work plan actually get us somewhere? Greg Shatan – This is my hope but this is our workplan – so up to us to decide. David McAuley (RySG): our return to scope discussion will be important in this respect 9. AOB (none) 10. Next meeting 25 April 05:00 UTC 11. Adjourned

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