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Sub-group Members:   Andree Brambilla, Avri Doria, Becky Burr, Cheryl Langdon-Orr, Christopher Wilkinson, David McAuley, Erich Schweighofer, Farzaneh Badii, Finn Petersen, Greg Shatan, Griffin Barnett, Jorge Cancio, Kavouss Arasteh, Steve DelBianco, Thiago Jardim, Thomas Rickert, Wale Bakare   (17)

Observers/Guests:

Staff:  Bernard Turcotte, Berry Cobb, Brenda Brewer, Meghan Healy, Nigel Hickson   (5)

Apologies:  Herb Waye 

 ** If your name is missing from attendance or apology, please send note to acct-staff@icann.org **

Transcript

  • Word Doc
  • PDF

Recording

Agenda

1.     Welcome

2.     Review of Agenda (2 minutes)

3.     Administration (1 minute)

3.1.   Changes to SOIs

3.2.   Identify Audio Only and Phone Number Participants

4.     Follow-Up Question for ICANN Legal – Status (1 minute)

4.1.   Discuss reply received May 22

5.     Review of decisions and action items from last call (2 minutes)

5.1.   Decisions:

5.1.1.    None.

5.2.   Action Items:

5.2.1.    WG Members need to sign up for remaining 15 litigation cases –NO CHANGE

5.2.2.    Consider whether questionnaire respondents should be offered opportunity to respond to Subgroup’s analysis of their response (either by email or attending a call) – See 7.1 below

6.     Mandate of Jurisdiction Subgroup (10 minutes)

6.1.   Discussion of “strawman” document

7.     Questionnaire (20 minutes)

7.1.   Discuss whether respondents should be offered an opportunity to respond to analysis of their comments, either by email or as a guest on a Subgroup call.

7.2.   Review of Response of Just Net Coalition – Lead: Christopher Wilkinson.

7.3.   Review of Sign-Up Sheet at https://docs.google.com/spreadsheets/d/1Q948Ib31-Hu9Ro3_k9uVYBTwm72UDmkMvUWwU_XyHAI/edit?usp=sharing.

7.4.   To be discussed on May 30 call:

7.4.1. Response of Mohammad Reza Mousavi (Iran) (Erich Schweighofer).

7.4.2. Review of Response of Ministry of Telecom and Mass Communications of the Russian Federation (Tatiana Tropina).

7.4.3. Response of Farzaneh Badii - Internet Governance Project (USA) (Tatiana Tropina)

7.5.   To be scheduled:

7.5.1. Response of Jorge Cancio, ".swiss" domain registry (Switzerland) (Parminder)

7.5.2. Response of Liu Yue, Internet Governance Research Center, Chinese Academy of Information Communications and Technology (China) (Vidushi Marda)

8.     Review of ICANN Litigation (10 Minutes)

8.1.   No cases prepared for this week.

8.2.   Review of sign-up sheet at https://docs.google.com/document/d/1oo9oDJuuxFz1UUNaBfHeor7HPhJ5XcRHFTq3hjRltOM/edit?usp=sharing

8.2.1.      Discuss possible change in approach as no volunteers picked up new cases this week and 15 cases remain unassigned.

8.2.2.      Schreiber v. Dunabin and Bord v. Banco de Chile were sent to the list by Raphael Beauregard-Lacroix on 21 May.  These cases will be discussed on the 30 May call.

9.     AOB

10.   Meetings Remaining Before ICANN59

10.1. Tuesday 30 May 1900 UTC

10.2. Thursday 8 June 1300 UTC

10.3. Thursday 15 June 0500 UTC

10.4. Tuesday 20 June 1900 UTC

11.   Adjourned


Raw Captioning Notes

Please note that these are the unofficial transcript. Official transcript will be posted 2-3 days after the call

Documents Presented

Chat Transcript

 Brenda Brewer:Good day and welcome to Jurisdiction Subgroup Meeting #32 on 23 May 2017 @ 13:00 UTC!

  Brenda Brewer:If you are not speaking, please mute your phone by pressing *6 (star 6).  To unmute press *6.  This call is recorded.

  Brenda Brewer:Reminder to all, please state your name before speaking for the Captioner.  Thank you!

  Bernard Turcotte Staff Support:hello all

  Jorge Cancio (GAC Switzerland):hi there

  David McAuley (RySG):4154 here

  Cheryl Langdon-Orr  (CLO):omnly in Ac as I am still in another ICANN call

  David McAuley (RySG):Multitasking indeed, CLO

  Thomas Rickert:Hi all!

  David McAuley (RySG):Hello Thomas, saw your smiling face in a nice tweet yesterday from eco

  Cheryl Langdon-Orr  (CLO):indeed David, far too 0ften

  Nigel Hickson:good afternoon

  Bernard Turcotte Staff Support:Becky

  David McAuley (RySG):seems to have worked out well in practice is a notable comment that makes sense

  Jorge Cancio (GAC Switzerland):as to ICANN response: it does not really add too much... wonder if registries and registrants would agree that the contract is as bilaterally developed as mentioned

  David McAuley (RySG):hand down, thanks

  Brenda Brewer:These document are also posted on Jurisdiction wiki here;  https://urldefense.proofpoint.com/v2/url?u=https-3A__community.icann.org_x_khWOAw&d=DwIFaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=kbiQDH54980u4nTPfwdloDLY6-6F24x0ArAvhdeDvvc&m=VYYIP_tsjR44ZjhGAqbbKrKO2pCqZ7gCheIQtQ2J_OM&s=cKFcXdQldLVUnPb6aLzJ4z4E8Xls_yexE2CXmnYXHQk&e=

  Jorge Cancio (GAC Switzerland):I feel we have to live with the ambiguities of Annex 12 and not spend too much time on this

  David McAuley (RySG):I believe I agree with Jorge – I re-read my e-mail on what essentially our mandate was (scope and ‘gap analysis’) from last September and still believe as I did then – that mail is in archives at: http://mm.icann.org/pipermail/ws2-jurisdiction/2016-September/000099.html

  David McAuley (RySG):I also want to thank Greg for pulling all this together -

  Jorge Cancio (GAC Switzerland):I would need to look into that email, but bottom line is that Annex 12 establishes our mandate... with its ambiguities... and we have spent many hours on this

  David McAuley (RySG):Annex 12 and Bylaw section 27.1(b)(vi)

  David McAuley (RySG):agree with becky

  avri doria:If we define accountabilty by reference to the work that was included in WS1, then it has a very broad defintion.

  Cheryl Langdon-Orr  (CLO):indeed Avri

  Bernard Turcotte Staff Support:Time Check - 30 minutes left in call

  Jorge Cancio (GAC Switzerland):groundhog day, sorry to say...

  Greg Shatan:The movie ended with a resolution....

  Jorge Cancio (GAC Switzerland):at the end of the movie... we are still at minute 40

  CW:Why are we discussing the Mandate? We have worked with that for some time and are now - I hope - approaching the end.

  Jorge Cancio (GAC Switzerland):Annex 12 dedicates one page and some lines to our mandate - that is what we have to follow...

  Thiago Jardim 2:I do apologise for speaking for too long

  Thiago Jardim 2:I guess yoi're right, it's in rem jurisdiction

  Thiago Jardim 2:but I not so sure about the reason why us cours assumed jurisdiction in the case, notably .ir case

  Thiago Jardim 2:.ir is a ccTLDs, so it's unlikely the basis of jurisdiction was because the registry was a .com operator

  David McAuley (RySG):lost audio

  Andreea Brambilla:Apologies, I have to drop off for another meeting.

  David McAuley (RySG):is this just net

  David McAuley (RySG):what about 7.1 on agenda

  Jorge Cancio (GAC Switzerland):I did not really get the gist of the response... perhaps we could benefit from Parminder explaining their proposals?

  CW:Connection is not stble.

  Finn petersen, DK - GAC:The respondents should be offered an opportunity to respond to analysis of their comments

  Jorge Cancio (GAC Switzerland):Just to clarify that I relayed the response of the ".swiss" (which is run by our Office) - so it is mainly their feedback from a registry's point of view

  Bernard Turcotte Staff Support:Time Check - 10 minutes left in call

  Finn petersen, DK - GAC:I have sent the analysis of the Italian response to Rita Forsi

  David McAuley (RySG):Thankyou Finn

  Finn petersen, DK - GAC:David: I haven’t yet had a feed-back from Rita

  David McAuley (RySG):Well, I am glad she has it and I hope we would welcome her on call if she wishes - thanks again Finn

  David McAuley (RySG):agree with Greg that we are lookingh for facts and reponse should be limited to brief reply of our review with a view to ascertaining fact, not opinion

  Farzaneh Badii 2:Agree with Greg

  Thiago Jardim 2:Agree that it's about establishing facts

  avri doria:clarification on a call might be useful.

  David McAuley (RySG):please no new papers, the deadline has passed

  Jorge Cancio (GAC Switzerland):just give them the chance to attend the call and help understand the subgroup what their arguments are

  Thiago Jardim 2:Not all respondents may want to comment on the analysis of their questionnaire

  avri doria:if the first paer was ambiguous, then how will a second paper help?

  David McAuley (RySG):agree w Avri and Jorge

  Cheryl Langdon-Orr  (CLO):thanks everyone...good discussion...bye

  Nigel Hickson:thanks; off to a call

  Thiago Jardim 2:Thank you all, apologies for monopolising the mic at some point during this call

  David McAuley (RySG):thanks all, good bye

  avri doria:bye

  Bernard Turcotte Staff Support:bye all

  Jorge Cancio (GAC Switzerland):thanks all and bye!

  Greg Shatan:Thank you all and goodbye.

  CW:B'ye CW