Here's a copy of the PDF of the document Bernie mentioned. Greg On Mon, Jan 23, 2017 at 1:59 PM, Bernard Turcotte < turcotte.bernard@gmail.com> wrote:
All,
ICANN legal has pointed out that the GAO of the USG has published a report which deals with this and may be useful to the Jurisdiction sub-group:
http://www.gao.gov/products/B-327398.
Cheers
B.
---------- Forwarded message ---------- From: Arasteh <kavouss.arasteh@gmail.com> Date: Mon, Jan 23, 2017 at 11:18 AM Subject: Re: [Ws2-jurisdiction] OFAC Application , Sanction on the use of DNS To: "McAuley, David" <dmcauley@verisign.com> Cc: "RPEREZGA@minetur.es" <RPEREZGA@minetur.es>, "occ@mrecic.gov.ar" < occ@mrecic.gov.ar>, "ws2-jurisdiction@icann.org" < ws2-jurisdiction@icann.org>, "alice@dotafrica.org" <alice@dotafrica.org>
Dear David Thanks for initial thoughts which is quite helpful. One point to bring to your kind attention is we need with the help of Jones Day and Mathieu Weil to investigate is whether DNS , and in particular, is an asset of any country or it is a common resource available to every and all countries for use under certain specific rules and conditions since if it does not fulfill those rules or conditions of use certain other actions would be applied. Should we conclude that it is not an asset attributed or belong to any country then we would be in a better position to express our views in relation to the corresponding jurisdiction Kavouss
Sent from my iPhone
On 23 Jan 2017, at 14:52, McAuley, David <dmcauley@verisign.com> wrote:
Thanks Greg for getting this underway.
I meant to volunteer to help but I will be unable to lead this effort due to commitments elsewhere.
I also think this idea (reviewing ICANN litigation) would benefit from a presentation by Jones Day, the common element through much of this. That, of course, is easier said than done and would require ICANN’s client permission.
I also want to note to prospective volunteers that ICANN, IMO, does a nice job of indicating the nature of each link in each case compilation under its litigation list.
For example, a link to an order from the court is listed as ‘Order’; a court decision is listed as a ‘decision’ and describes the court (trial court, appellate court); briefs are listed as ‘briefs’ and described as opening, responsive, amicus, etc.
Thus it ought to be fairly easy to navigate to the most important bits first – it is not necessarily an exercise in wading through all courts documents – seems less daunting to me than it might have been.
One more point – to those of us volunteering to review this litigation list we ought to start mailing among ourselves as to which cases we are reviewing so as to avoid duplication of effort. We may find cases that need more than one set of eyes and that would be fine but maybe going in we can keep each other apprised of what we are doing.
David
David McAuley
International Policy Manager
Verisign Inc.
703-948-4154 <(703)%20948-4154>
*From:* Greg Shatan [mailto:gregshatanipc@gmail.com <gregshatanipc@gmail.com>] *Sent:* Saturday, January 21, 2017 8:33 PM *To:* Kavouss Arasteh *Cc:* ws2-jurisdiction; McAuley, David; Mathieu.Weill@afnic.fr; León Felipe Sánchez Ambía; Thomas Rickert; Perez Galindo, Rafael; Alice Munyua; Olga Cavalli; Manal Ismail; DE SALINS Ghislain; Pedro Ivo Ferraz da Silva; parminder *Subject:* [EXTERNAL] Re: OFAC Application , Sanction on the use of DNS
I want to clarify that David is a volunteer, but not the coordinator/rapporteur for the small group that is preparing litigation summaries (unless David wants to be...). I've just sent an email to the list describing the project and seeking more volunteers (including someone to be coordinator/facilitator for the group).
Also, the small group's task is limited to preparing summaries of ICANN's prior and current litigation matters. Since the article does not deal with litigation, it is not germane to the small group's work.
FYI, the article (by Farzaneh Badii) was originally published (in a less colorful form) here: http://www.internetgover nance.org/2017/01/13/icanns-jurisdiction-sanctions-and-domain-names/.
Greg
On Sat, Jan 21, 2017 at 2:47 AM, Kavouss Arasteh < kavouss.arasteh@gmail.com> wrote:
Dear David,
As the rapporteur of small group in sub group WS2 dealing with ICANN Litigation, pls find attached an article appreas on the Internet on the matter.
We need to seriously address the issue.-
Kavouss
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