[Gnso-ppsai-pdp-wg] Some additional subtopics arising from the thousands of comments we received

[Kathy Kleiman]

Hi All,
I have now reviewed a number of the comments, as I hope you have. As 
discussed in an earlier email, I think there are other topics we should 
be looking at in the sub-teams based on the outpouring of responses from 
companies, organizations, and especially thousands of individuals. My 
thought is not to create additional sub-teams, but to assign additional 
topics to sub-teams (so the sub-teams remain diverse and well-staffed).

Here are three additional topics that arise from a review of the 
comments - and I would be interested in hearing what others have found 
as well.
A) Due process: thousands of commenters call for due process, and the 
call is not necessarily or exclusively for court orders. Due process is 
considered to be a fundamental balance and fairness and ability of all 
parties involved to participate equally in a process impacting them. 
What do the commenters say about due process and how might these 
recommendations be incorporated into all or various aspects of the draft 
recommendations and report?

B) Use of proxy/privacy registration and abuse of registrants who do not 
have them. We have received /thousands /of pieces of data on abuses of 
domain name data - some of which we knew and and some that we did not. 
What are the types of problems that registrants -- legitimate, good 
faith registrants -- have shared with us in these comments and how can 
their experiences be better reflected in our work?

C) Speech/expression/anonymity/chilling effects. These are mentioned in 
a number of the longer, substantive comments coming in from groups both 
inside ICANN and outside. What are the issues being raised and how can 
we better address them in our draft recommendations and report? /See 
e.g, comment of //Center for Democracy and Technology, New America's 
Open Technology Institute, and Public Knowledge./

To Steve's three topics and sub-teams below, I would add the following 
important expansion to insure that we look into the full range of topics 
an issue offers -- even if those who commented did not use the right 
words or vocabulary - /additions in italics below. /

(1) Section 1.3.2 of the Initial Report (on escalation of relay requests 
and the handling of disclosure/publication requests from third parties 
other than IP rights holders);

(2) Section 1.3.3 (on the open question regarding online financial 
transactions) /to include a review of those comments that addressed the 
////commerical/noncommercial distinction more generally and evaluate if 
these commenters provide insight and guidance on the "sub-commercial 
use" issue of financial transactions as well/ /(with note that those 
outside of ICANN may use non-ICANN terms and vocabulary to approach the 
same concern)/; and

(3) Annex E (the Illustrative Disclosure Framework) -- /hopefully with 
the subteam also evaluate the new subtopic A, Due Process, and the 
issues commenters have raised in their thousands of "due process" 
comments as they might impact the review and revisions of these detailed 
framework recommendations*.
*
/Best,
Kathy*
*
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