[gnso-rds-pdp-wg] Proposed Agenda for RDS PDP WG Meeting - Tuesday 6 June

[jonathan matkowsky]

Greg raises a very important point. Lawyers serve different roles in
different situations. Here, we should not be seeking a lawyer to serve as
an advocate in this situation for any member's goals, but an advisor to let
us know whether certain options are well within a reasonable degree of
business risk for the group, slightly more risky, or have a higher than the
usual degree of business risk--all based on applicable law. We need someone
that has a lot of experience with various privacy laws in different
jurisdictions specifically as it applies to the Internet. If we need
recommendations, let me know.

On Tue, Jun 6, 2017 at 7:07 AM, Greg Shatan <gregshatanipc at gmail.com> wrote:

> The goal of good legal advice should be to give the client (here, the
> group developing policy) a solution that offers the most latitude to
> achieve their objectives while complying with the law.  If the goal is to
> constrain the RDS beyond the minimum constraints of the law, that is not
> good legal advice to a group trying to develop policy recommendations. It
> might achieve some other objective, but it is not an objective related to
> legal advice.
>
> Greg
>
> On Mon, Jun 5, 2017 at 11:12 PM, Stephanie Perrin <stephanie.perrin at mail.
> utoronto.ca> wrote:
>
>> Oh, I accept that we are going to have to get outside counsel.  I am just
>> putting a marker in, that we probably have different views on how to seek
>> advice from counsel.  Our goals are different.
>>
>> Stephanie
>>
>> On 2017-06-05 19:18, Adam Lanier wrote:
>>
>> Stephanie,
>>
>> Do you have an alternate suggestion then? It sounds as if you think
>> hiring outside council may not be a good idea.
>>
>> On another note, it seems to me that there is considerable legal and
>> technical talent already in this WG.  Does everyone feel that there is no
>> way for us to educate each other and fill in at least some of the gaps?
>>
>>
>> Adam Lanier | Director Technical Operations | Clearnetwork |
>> alanier at clearnetwork.com <alanier at voyantinc.com> | +1 732-335-1500 ext.
>> 525 <(732)%20335-1500>
>>
>>
>>
>> On Jun 5, 2017, at 6:42 PM, Stephanie Perrin <
>> stephanie.perrin at mail.utoronto.ca> wrote:
>>
>> I certainly agree with Andrew that I at least have a technical expertise
>> gap, not so much a public policy and legal gap.  I would also add that the
>> risk in hiring legal counsel to advise us, is that we will not agree on
>> what questions to ask.  For those of us advocating the public policy goals
>> of human rights and protection of data, it will hardly be satisfactory to
>> hire a "privacy goalie" who will be trying to find ways to deflect
>> implementing more stringent data protection.  We have different goals here.
>>
>> Stephanie
>>
>> On 2017-06-05 18:28, Andrew Sullivan wrote:
>>
>> Hi,
>>
>> On Mon, Jun 05, 2017 at 11:16:56PM +0100, Paul Keating wrote:
>>
>> I would like to reiterate my request that we attempt to formally engage counsel for the e.g. Who can provide meaningful legal advice.
>>
>>
>> While I am by no means opposed to that suggestion, I worry about two
>> issues: (1) that it'll blow such budget as we maybe have and (2) that
>> once we do this we ought also to engage (formally) technical expertise
>> and so on.  Without wishing to impugn anyone, I will confess that in
>> this group gaps in legal knowledge are way less obvious to me than
>> gaps in technical knowledge.  This is doubtless because of my own
>> background, and not the relative desity of knowledge gaps.
>>
>> Best regards,
>>
>> A
>>
>>
>>
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>
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