Dear Greg, I'm not sure there is a need to come back to discussions we already had on the Subgroup's mandate (and in fact I saw no one else proposing this, at least not before you included it yourself as an item in our agenda). An illustration that there is no such a need is that we will be discussing substantive issues in our upcoming calls, which the Subgroup agreed to as it had no difficulty in seeing them as within our mandate: the impact of OFAC sanctions in ICANN's operations, for example, and the ability of US courts to interfere with the allocation of ccTLDs (upon a suggestion by Tatiana Tropina, which others and I seconded, and which encountered no objection from within the Subgroup as I understand). Jorge's proposed approach is very sensible, I believe is in line with what the Subgroup said it'd be doing in our upcoming calls, and I fully support it. Perhaps only where "there would be a question of in/out scope" "vis-à-vis a given case", as identified and supported by a reasonable portion of the Subgroup, should we come back to the mandate discussion for specific guidance. But again, the mandate is set out in the foundational documents and we all have had an opportunity to read them. Best, Thiago -----Mensagem original----- De: ws2-jurisdiction-bounces@icann.org [mailto:ws2-jurisdiction-bounces@icann.org] Em nome de ws2-jurisdiction-request@icann.org Enviada em: segunda-feira, 5 de junho de 2017 09:00 Para: ws2-jurisdiction@icann.org Assunto: Ws2-jurisdiction Digest, Vol 12, Issue 3 Send Ws2-jurisdiction mailing list submissions to ws2-jurisdiction@icann.org To subscribe or unsubscribe via the World Wide Web, visit https://mm.icann.org/mailman/listinfo/ws2-jurisdiction or, via email, send a message with subject or body 'help' to ws2-jurisdiction-request@icann.org You can reach the person managing the list at ws2-jurisdiction-owner@icann.org When replying, please edit your Subject line so it is more specific than "Re: Contents of Ws2-jurisdiction digest..." Today's Topics: 1. Mandate and Scope of Jurisdiction Subgroup will be on Tuesday's Agenda (Greg Shatan) 2. Re: Mandate and Scope of Jurisdiction Subgroup will be on Tuesday's Agenda (Jorge.Cancio@bakom.admin.ch) 3. Re: Mandate and Scope of Jurisdiction Subgroup will be on Tuesday's Agenda (Kavouss Arasteh) ---------------------------------------------------------------------- Message: 1 Date: Sun, 04 Jun 2017 21:39:25 +0000 From: Greg Shatan <gregshatanipc@gmail.com> To: ws2-jurisdiction <ws2-jurisdiction@icann.org> Subject: [Ws2-jurisdiction] Mandate and Scope of Jurisdiction Subgroup will be on Tuesday's Agenda Message-ID: <CA+aOHUSKwbzuxXL-F1riN4j8SVjZhVWUsDmEYBLrYaAVKHtqKA@mail.gmail.com> Content-Type: text/plain; charset="utf-8" All, I wanted to provide advance notice that we will pick up the discussion of the Subgroup's Mandate and Scope on Tuesday's call, with the goal of settling the issue over this call and the next. After all, we need to know what our mandate is in order to know if we ar fulfilling it. Some notes: 1. It's not up to the Subgroup to define the Subgroup's mandate and Scope. This has been done in the foundational documents -- Charter. WS 1 Report and Transition Bylaw. What we need to do is clarify our understanding of that mandate and Scope. 2. As such, the foundational documents need to form both the basis and the boundary of any such clarification or proposal for clarification. These documents were excerpted in my "straw man" mandate document sent around in the last few weeks. 3. Mandate and Scope (defined in these documents) need to be distinguished from potential issues participants might raise. Such issues, by and large, are not mentioned in the foundational documents. 4. The Mandate and Scope will be used to determine if any potential issue is "in scope". 5. Discussions of the issue on the list in advance of the call will be most helpful, since the call is only an hour. 6. While some have said we have gone in circles on this issue, or avoided resolving it. The goal here and now is to avoid that fate, whatever the outcome might be. Finally, I request broad participation on this issue, even if you have given up on this subject of discussion. Thank you. Greg