[Gnso-ppsai-pdp-wg] SG-C Input Template Redux

[Carlton Samuels]

As a citizen of a common law jurisdiction, +1.

-Carlton


==============================
Carlton A Samuels
Mobile: 876-818-1799
*Strategy, Planning, Governance, Assessment & Turnaround*
=============================


On Tue, Jan 14, 2014 at 9:33 AM, Maria Farrell <maria.farrell at gmail.com>wrote:

> Hi Don,
>
> The use of 'alleged' is common, not to say required in Ireland and, I
> believe the UK. I expect it's used in most or all common law jurisdictions
> to communicate the fact that the issuance of a procedure is not itself an
> indictment, and that even-handedness is an essential given that the
> 'alleged x, y or z' may well in fact be innocent and the role of the
> process in hand is precisely to determine whether or not this is the case.
>
> In this context, I think it's critical that our discussions are fully
> cognizant of the fact that accessing whois as a corrective for misdeeds is
> a process designed in fact for *alleged* misdeeds. It is all too easy to
> slip into a law enforcement frame of mind where the 'alleged perpetrator'
> is simply thought of as a perpetrator, and not afforded the presumption of
> innocence, even in simple procedural or administrative matters such as
> personal data access.
>
> While designing a procedure like this one, we need to be extremely careful
> not to slip into lazy assumptions of guilt, just because of the
> predominance of voices that naturally assume it.
>
> Maria
>
>
>
> On 14 January 2014 14:18, Don Blumenthal <dblumenthal at pir.org> wrote:
>
>>  Kathy,
>>
>>  Thanks for all of the work in this document.
>>
>>  I will address a couple of points but leave the substance for the WG
>> consideration. Discussing a minor item first, the use of “alleged” is the
>> result of publicity concerns in the US that arose in, I believe, the 1960s
>> and definitely not before. The usage arose with respect to named
>> defendants. I don’t think it’s necessary here.  I’m curious from others if
>> the practice of using alleged or something similar before conviction or
>> acquittal is common elsewhere.
>>
>>  More fundamentally, we wouldn’t be going through this exercise if the
>> language were sacred. We have made changes. The question is how long we
>> keep making them before sending the letters. Distributing them does not
>> lock us into anything.  Rather, they are tools for gathering community
>> input to inform our substantive work and how we go about it.
>>
>>  Best,
>>
>>  Don
>>
>>   From: Kathryn Kleiman <kathy at kathykleiman.com>
>> Date: Saturday, January 11, 2014 at 6:30 PM
>> To: PPSAI <gnso-ppsai-pdp-wg at icann.org>
>>
>> Subject: [Gnso-ppsai-pdp-wg] SG-C Input Template Redux
>>
>>  Hi All,
>> I hope you are having a good weekend. NCSG members wanted to follow-up on
>> the invitation at the end of last Tuesday's meeting to share revisions to
>> the SG/Constituency and SO/AC questions for consideration this Tuesday.
>>
>> As requested by staff and our chair, we went back and read closely the
>> background materials. Most questions originate in a report from staff of
>> open issues after the close of the RAA negotiation. They compile questions
>> of those still unhappy with the proxy/privacy system. There was no attempt
>> by the writers of these questions to fair or neutral or balanced or even
>> use consistent terminology-- that was not their goal, and that's fine.
>>
>> *But is that be our goal?  *Shouldn't we more fair, neutral, balanced
>> and use consistent terminology?  In brief:
>> - Malicious or illegal activity has to be judged so, right? If not, it's
>> "alleged" malicious or illegal activity, right?
>> - There might be some people who are happy with the current proxy/privacy
>> system that allows companies, organizations and individuals to have p/p
>> privacy protection for legal purposes. Shouldn't we at least ask?
>>
>> So here is a set of questions NCSG members of the WG have put together.
>> We tried to include discussions of Luc, Volker and John earlier, but note
>> jurisdictional issues are thorny, and we look to your guidance and input
>> again on these. We also hope staff can put together a compilation.
>>
>> In my world, there are only a few sacred texts -- so perhaps there is
>> room for a bit more editing here :-).
>> All the best,
>> Kathy
>>
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>
>
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