Milton, I actually agree with you, up to a point. The slide you refer to was a strawman and a jumping-off point for discussion. By the second call, last week, we had moved away from that slide and from discussing the issue in terms of scope. The CCWG Co-Chairs instead framed the issue around the question "what will get sufficient traction in the group" vs. subjects that will not get sufficient traction, and thus would not lead to a consensus recommendation. However, I don't think this was an instance of anyone preempting a discussion, much less dishonestly. As noted, no issues have been foreclosed by the Co-Chair's decision, which is aligned with your point #2 -- the "lack of traction" for recommending changes to ICANN's corporate status. I hope that everyone is interested in substantive debate, and I hope to see plenty of it in this group in the coming weeks. Best regards, Greg On Mon, Jun 19, 2017 at 10:41 AM John Laprise <jlaprise@gmail.com> wrote:
+1
Best regards,
John Laprise, Ph.D.
Principal Consultant
http://www.linkedin.com/in/jplaprise/
*From:* ws2-jurisdiction-bounces@icann.org [mailto: ws2-jurisdiction-bounces@icann.org] *On Behalf Of *Mueller, Milton L *Sent:* Monday, June 19, 2017 9:40 AM *To:* Greg Shatan <gregshatanipc@gmail.com>; ws2-jurisdiction < ws2-jurisdiction@icann.org> *Cc:* acct-staff@icann.org *Subject:* Re: [Ws2-jurisdiction] Question Presented
Please pardon my late intervention. We were presented with this question:
*Question: Is considering or recommending changes to ICANN's status as a not-for-profit California corporation within the scope of the Subgroup?*
Two things seem obvious to me:
1. The issue IS within the intended scope of the subgroup, and
1. There is overwhelming consensus AGAINST recommending changes to ICANN’s status as a nonprofit California public benefit corporation.
It seems to me that most of the debate is confusing issue #1 with issue #2. The entire discussion has not developed any real alternative, much less a clearly superior one, to California jurisdiction. The identified problems with US jurisdiction (mainly OFAC) can be addressed without moving ICANN’s place of incorporation. So let’s stop trying to dishonestly pre-empt resolution of the jurisdiction issue by ruling certain discussions “out of scope.” Let’s resolve it honestly by developing and acknowledging consensus around the fact that other than the meaningless mirage of “international jurisdiction” there is no better framework within which to work than California law.
The debate about scope, in other words, is a diversion from the substantive issue, and I wish the chairs and the Americans in the subgroup would stop trying to pre-empt substantive debate with scope debate.
I will not be in Johannesburg so I hope people who agree with me can take this perspective into the f2f meeting.
Dr. Milton L. Mueller
Professor, School of Public Policy
Georgia Institute of Technology
*From:* ws2-jurisdiction-bounces@icann.org [ mailto:ws2-jurisdiction-bounces@icann.org <ws2-jurisdiction-bounces@icann.org>] *On Behalf Of *Greg Shatan *Sent:* Thursday, June 8, 2017 9:29 AM *To:* ws2-jurisdiction <ws2-jurisdiction@icann.org> *Cc:* acct-staff@icann.org *Subject:* [Ws2-jurisdiction] Question Presented
Please see attached.