[Gnso-epdp-team] GAC input on Rec. 8

[Kapin, Laureen]

Hi folks,

Apologies for the late submission of input:

We missed reporting a "cannot live with" item on Rec#8 footnote 9

The last sentence of that footnote reads: "ICANN Compliance will not be in a position to address the merits of the request itself or the legal discretion of the Contracted Party making the determination"

We would like to delete the end of the sentence after "merits of the request."

Rationale:
*        It is unnecessary as guidance provided immediately prior includes how the contracted party applied the balancing test if applicable.
*        It is unclear what "legal discretion" means in this context.
*        With DPA guidance, there may be more clarity on how to weigh disclosure decisions and ICANN Compliance may be able to identify and provide guidance on flawed decision making in the future.

Thank you



Kind regards,

Laureen Kapin
Counsel for International Consumer Protection
Federal Trade Commission
(202) 326-3237

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