Third Draft of Experience Solicitation Questions
All: Based on discussions on our last call and the list, I've revised these questions as follows (added text underlined). Please reply to this email with any comments or suggested changes. Greg 1. Has your business, your privacy or your ability to use or purchase DNS-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*. 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*. 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. _____________________________ * For these questions, “ICANN’s jurisdiction” refers to (a) ICANN being subject to U.S. and California law as a result of its incorporation and location in California, (b) ICANN being subject to the laws of any other country as a result of its location or contacts with that country, or (c) any “choice of law” or venue provisions in agreements with ICANN.
Here's a slight change to the footnote (also made in the footnote to the proposed additional question). *Fourth Formulation -- Second Draft* What are the advantages or disadvantages, if any, relating to ICANN's jurisdiction*, particularly with regard to the actual operation of ICANN’s policies and accountability mechanisms? Please support your response with appropriate examples, references to specific laws, case studies, other studies, and analysis. In particular, please indicate if there are current or past instances that highlight such advantages or problems. In terms of likely future risk, please mention specific ways in which U.S. or California laws safeguard or interfere with, or may be used to safeguard or interfere with, ICANN's ability to carry out its policies throughout the world. For any disadvantage identified, please identify alternatives (including other jurisdictions), if any, where that problem would not occur. For each such jurisdiction or other alternative, please specify whether and how it would support the outcomes of CCWG-Accountability Work Stream 1, identify the risks of those jurisdictions or other alternatives, and discuss the risks associated with changing from the current situation. _________________ * For these questions, “ICANN’s jurisdiction” refers to (a) ICANN being subject to U.S. and California law as a result of its incorporation and location in California, (b) ICANN being subject to the laws of any other country as a result of its location *within *or contacts with that country, or (c) any “choice of law” or venue provisions in agreements with ICANN. On Sun, Dec 4, 2016 at 9:58 PM, Greg Shatan <gregshatanipc@gmail.com> wrote:
All:
Based on discussions on our last call and the list, I've revised these questions as follows (added text underlined). Please reply to this email with any comments or suggested changes.
Greg
1. Has your business, your privacy or your ability to use or purchase DNS-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*.
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*.
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.
_____________________________
* For these questions, “ICANN’s jurisdiction” refers to (a) ICANN being subject to U.S. and California law as a result of its incorporation and location in California, (b) ICANN being subject to the laws of any other country as a result of its location or contacts with that country, or (c) any “choice of law” or venue provisions in agreements with ICANN.
Grec, What happened to the question 3 that was on the mailing list last night? Did you totally suppress that because two or three persons objected? We are a group of some 40 persons and should be influenced by the views of some people Pls put the question back into the list and try to soften that so as does not give the impression that we are attempting to move from Multistakeholder Approach to different Approach Regards Kavouss 2016-12-05 3:58 GMT+01:00 Greg Shatan <gregshatanipc@gmail.com>:
All:
Based on discussions on our last call and the list, I've revised these questions as follows (added text underlined). Please reply to this email with any comments or suggested changes.
Greg
1. Has your business, your privacy or your ability to use or purchase DNS-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*.
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*.
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.
_____________________________
* For these questions, “ICANN’s jurisdiction” refers to (a) ICANN being subject to U.S. and California law as a result of its incorporation and location in California, (b) ICANN being subject to the laws of any other country as a result of its location or contacts with that country, or (c) any “choice of law” or venue provisions in agreements with ICANN.
_______________________________________________ Ws2-jurisdiction mailing list Ws2-jurisdiction@icann.org https://mm.icann.org/mailman/listinfo/ws2-jurisdiction
I support this formulation, thanks. Mike Rodenbaugh RODENBAUGH LAW tel/fax: +1.415.738.8087 http://rodenbaugh.com On Sun, Dec 4, 2016 at 6:58 PM, Greg Shatan <gregshatanipc@gmail.com> wrote:
All:
Based on discussions on our last call and the list, I've revised these questions as follows (added text underlined). Please reply to this email with any comments or suggested changes.
Greg
1. Has your business, your privacy or your ability to use or purchase DNS-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*.
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*.
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.
_____________________________
* For these questions, “ICANN’s jurisdiction” refers to (a) ICANN being subject to U.S. and California law as a result of its incorporation and location in California, (b) ICANN being subject to the laws of any other country as a result of its location or contacts with that country, or (c) any “choice of law” or venue provisions in agreements with ICANN.
_______________________________________________ Ws2-jurisdiction mailing list Ws2-jurisdiction@icann.org https://mm.icann.org/mailman/listinfo/ws2-jurisdiction
I think I support this formulation, but can you please define what DNS-related services are. If I missed this in a previous thread, I apologize. But 90% of DNS-related services (in my opinion) are non-ICANN related (services like managed external DNS, internal DNS management, DDoS protection services, etc.)…..Those examples have very little if anything to do with ICANN. Jeffrey J. Neuman Senior Vice President |Valideus USA | Com Laude USA 1751 Pinnacle Drive, Suite 600 Mclean, VA 22102, United States E: jeff.neuman@valideus.com<mailto:jeff.neuman@valideus.com> or jeff.neuman@comlaude.com<mailto:jeff.neuman@comlaude.com> T: +1.703.635.7514 M: +1.202.549.5079 @Jintlaw From: ws2-jurisdiction-bounces@icann.org [mailto:ws2-jurisdiction-bounces@icann.org] On Behalf Of Mike Rodenbaugh Sent: Tuesday, December 6, 2016 10:20 PM To: Greg Shatan <gregshatanipc@gmail.com> Cc: ws2-jurisdiction@icann.org Subject: Re: [Ws2-jurisdiction] Third Draft of Experience Solicitation Questions I support this formulation, thanks. Mike Rodenbaugh RODENBAUGH LAW tel/fax: +1.415.738.8087 http://rodenbaugh.com On Sun, Dec 4, 2016 at 6:58 PM, Greg Shatan <gregshatanipc@gmail.com<mailto:gregshatanipc@gmail.com>> wrote: All: Based on discussions on our last call and the list, I've revised these questions as follows (added text underlined). Please reply to this email with any comments or suggested changes. Greg 1. Has your business, your privacy or your ability to use or purchase DNS-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. 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. 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. _____________________________ * For these questions, “ICANN’s jurisdiction” refers to (a) ICANN being subject to U.S. and California law as a result of its incorporation and location in California, (b) ICANN being subject to the laws of any other country as a result of its location or contacts with that country, or (c) any “choice of law” or venue provisions in agreements with ICANN. _______________________________________________ Ws2-jurisdiction mailing list Ws2-jurisdiction@icann.org<mailto:Ws2-jurisdiction@icann.org> https://mm.icann.org/mailman/listinfo/ws2-jurisdiction
Jeff, I think your question is a good one. I think you may be using DNS in a more narrow way than the drafter intended, but we should clarify this (which may mean revising the question somewhat). I would say that DNS was being used here to mean "domain name-related services," and not merely "DNS services" of the type that could be offered by a "DNS service provider" -- but your reading is a logical one and others could take the same approach, which would muddy the effort considerably. Milton and Christopher, can you answer Jeff's question below? On Tue, Dec 6, 2016 at 11:03 PM, Jeff Neuman <jeff.neuman@comlaude.com> wrote:
I think I support this formulation, but can you please define what DNS-related services are. If I missed this in a previous thread, I apologize. But 90% of DNS-related services (in my opinion) are non-ICANN related (services like managed external DNS, internal DNS management, DDoS protection services, etc.)…..Those examples have very little if anything to do with ICANN.
*Jeffrey J. Neuman*
*Senior Vice President *|*Valideus USA* | *Com Laude USA*
1751 Pinnacle Drive, Suite 600
Mclean, VA 22102, United States
E: jeff.neuman@valideus.com or jeff.neuman@comlaude.com
T: +1.703.635.7514 <(703)%20635-7514>
M: +1.202.549.5079 <(202)%20549-5079>
@Jintlaw
*From:* ws2-jurisdiction-bounces@icann.org [mailto:ws2-jurisdiction- bounces@icann.org] *On Behalf Of *Mike Rodenbaugh *Sent:* Tuesday, December 6, 2016 10:20 PM *To:* Greg Shatan <gregshatanipc@gmail.com> *Cc:* ws2-jurisdiction@icann.org *Subject:* Re: [Ws2-jurisdiction] Third Draft of Experience Solicitation Questions
I support this formulation, thanks.
Mike Rodenbaugh
RODENBAUGH LAW
tel/fax: +1.415.738.8087 <(415)%20738-8087>
On Sun, Dec 4, 2016 at 6:58 PM, Greg Shatan <gregshatanipc@gmail.com> wrote:
All:
Based on discussions on our last call and the list, I've revised these questions as follows (added text underlined). Please reply to this email with any comments or suggested changes.
Greg
1. Has your business, your privacy or your ability to use or purchase DNS-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*.
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*.
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.
_____________________________
* For these questions, “ICANN’s jurisdiction” refers to (a) ICANN being subject to U.S. and California law as a result of its incorporation and location in California, (b) ICANN being subject to the laws of any other country as a result of its location or contacts with that country, or (c) any “choice of law” or venue provisions in agreements with ICANN.
_______________________________________________ Ws2-jurisdiction mailing list Ws2-jurisdiction@icann.org https://mm.icann.org/mailman/listinfo/ws2-jurisdiction
participants (4)
-
Greg Shatan -
Jeff Neuman -
Kavouss Arasteh -
Mike Rodenbaugh