Dear all, I do believe this was not a matter we had the time to discuss specifically and it was considered somewhat last minute during the drafting and hence was left open. That being said it makes more sense for the choice to rest solely with the registry. Best, Raphael 2018-02-05 9:22 GMT+01:00 <Jorge.Cancio@bakom.admin.ch>:
Dear all,
I find these comments useful and consistent with our work on this recommendation.
Kind regards
Jorge
*Von:* Ws2-jurisdiction [mailto:ws2-jurisdiction-bounces@icann.org] *Im Auftrag von *Finn Petersen *Gesendet:* Sonntag, 4. Februar 2018 21:01 *An:* Greg Shatan <gregshatanipc@gmail.com>; ws2-jurisdiction < ws2-jurisdiction@icann.org> *Betreff:* Re: [Ws2-jurisdiction] Copy of Jurisdiction Subgroup Draft Report for Suggested Revisions
Dear Greg, dear all
As mentioned in the chat at the last meeting I am sending suggested changes to the report in order to take into account the comments made by Denmark.
The purpose is – if more choices of law in the RA and RAA and also choices of Venue in the RA are made available – that it then should be up to Registries and Registrars to decide the applicable law and venue. It should not be part of the negotiation when entering into a contract with ICANN.
1) Page 20, last line: Delete “(or at least to negotiate for)”.
2) Page 21, 1st paragraph: Replace ”The method of “choosing” from the menu also needs to be considered. The registry could simply be able to make a choice from the menu, or it could be part of the registry’s negotiations with ICANN.” with “The method of “choosing” from the menu also needs to be considered. The Sub-group recommends that it should be up to the registry to choose from the menu. It should not be part of the registry’s negotiations with ICANN.”
3) Page 25: Add the following sentence after the last bullet point in the section with the title “Choice of law in Registry Agreements”: “If a menu approach is implemented then it should be up the Registry to choose from the menu.”
I hope the above suggestions are helpful.
Best,
Finn
*Fra:* Ws2-jurisdiction [mailto:ws2-jurisdiction-bounces@icann.org <ws2-jurisdiction-bounces@icann.org>] *På vegne af *Greg Shatan *Sendt:* 31. januar 2018 06:14 *Til:* ws2-jurisdiction *Emne:* [Ws2-jurisdiction] Copy of Jurisdiction Subgroup Draft Report for Suggested Revisions
All.
There is a working copy of the Jurisdiction Subgroup's report as it was put out for public comment in Google Docs at https://docs.google.com/ document/d/1H-8AKrebLqPFHNCyUavzgJXxMkNnxo28zhG1CYdNzlI/edit?usp=sharing.
Any proposed revisions to the report based on the public comments will be added to this document.
For your convenience, I have attached Word and PDF copies of the report to this email.
I look forward to our call.
Best regards,
Greg
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