<html>
<head>
<meta http-equiv="Content-Type" content="text/html; charset=UTF-8">
</head>
<body text="#000000" bgcolor="#FFFFFF">
<p><font size="+1"><font face="Lucida Grande">Whether or not we were
set up to fail is an interesting question. Every single
attempt to resolve WHOIS disagreements has failed, in my
opinion, so I don't think we should ponder the set up too
much, although I will confess to being curious about whether
plan B (the Board imposed emergency policy) had been in the
minds of Board members and some stakeholder groups all along.
<br>
</font></font></p>
<p><font size="+1"><font face="Lucida Grande">The important question
that I think we need to examine now is why these attempts are
failing. This group has assembled an impressive group of
experts, who have put in many many hours of work. We have
expert staff and experienced leadership. I for one have
agonized about slowing things down and insisting on certain
caveats, knowing how unpopular my views/experience on privacy
policy application are, but each expert owes it to his/her
discipline to present that perspective. I think the problem
is the reluctance of many to actually listen to the other
perspectives with respect, to present facts not opinion, and
to have a genuine desire to learn and to reach a solution.
The ad hominem attacks certainly have not helped, and perhaps
the leadership could have taken a harder line when dealing
with an evident reluctance on the part of many to actually
complete the homework assignments (i.e. read the documents
presented by the other guys they are arguing with).</font></font></p>
<p><font size="+1"><font face="Lucida Grande">I hope the leadership
team is thinking hard about how to reconstitute/restructure
the group. I certainly am. Neither the emergency policy, nor
the expedited PDP can possibly deal with all the issues that
are as yet unresolved, in my view. Time will tell, but I see
no evidence that ICANN leadership including the Board have a
bag of pixie dust they are about to haul out to make this
thing fly .</font></font></p>
<p><font size="+1"><font face="Lucida Grande">As to Nathalie's last
comment....The GDPR is as a fact. It will be as difficult to
apply as any regional treaty that has international or
extra-territorial implications. It is based on a sound
international human rights framework. Just because
jurisdictional conflicts are inevitable is no reason not to
keep trying. We would not be in the environmental and fishing
mess we are currently in if countries had not given up on the
Law of the Sea as an instrument; fortunately those who are
fighting human trafficking don't give up when they see lack of
enforcement in their particular sphere of activity. There are
countless examples of failure in international negotiations,
over issues that really matter for our mutual safety,
security, and survival as a species. I don't see why this
effort to resolve what is basically a disagreement about the
mechanisms of using personal data to resolve participation in
the DNS, human rights, cybersecurity, and trademark
enforcement in the DNS should be unsolvable, if enough people
care about reaching an agreement.</font></font></p>
<p><font size="+1"><font face="Lucida Grande">Looking forward to
further announcements.</font></font></p>
<p><font size="+1"><font face="Lucida Grande">Stephanie Perrin</font></font><br>
</p>
<div class="moz-cite-prefix">On 2018-05-10 08:36, nathalie coupet
via gnso-rds-pdp-wg wrote:<br>
</div>
<blockquote type="cite"
cite="mid:149817270.1995064.1525955768296@mail.yahoo.com">
<meta http-equiv="Content-Type" content="text/html; charset=UTF-8">
<div style="font-family:Helvetica Neue, Helvetica, Arial,
sans-serif;font-size:13px;">
<div>
<div>Weren't we set up for failure from the start? Whenever
there is a conflict of jurisdiction, only States can resolve
the issue. If the government of the State of Wallawalla
declares its courts have sole jurisdiction over all matters
dealing with the abuse of ferrets, unless other States agree
to waive jurisdiction of their courts over such matters and
adopt procedural guidelines on how to transfer such
authority, a unilateral declaration of jurisdiction over
ferret matters is inapplicable. </div>
<div>It wold result in forum shopping, etc. </div>
<div><br>
</div>
<div>GDPR is inapplicable as it is written. </div>
<div> </div>
<div><br>
</div>
<div class="ydp3eccc104signature">Nathalie </div>
</div>
<div><br>
</div>
<div><br>
</div>
<div id="yahoo_quoted_6535324707" class="yahoo_quoted">
<div style="font-family:'Helvetica Neue', Helvetica, Arial,
sans-serif;font-size:13px;color:#26282a;">
<div> On Wednesday, May 9, 2018, 9:26:57 PM EDT, Andrew
Sullivan <a class="moz-txt-link-rfc2396E" href="mailto:ajs@anvilwalrusden.com"><ajs@anvilwalrusden.com></a> wrote: </div>
<div><br>
</div>
<div><br>
</div>
<div>Dear colleagues,<br clear="none">
<br clear="none">
I certainly appreciate the notice from the Chairs (and
indeed, I have<br clear="none">
not made my travel plans yet). But I think we are
permitting<br clear="none">
formalism to get in the way of plain talk:<br clear="none">
<br clear="none">
On Wed, May 09, 2018 at 05:03:41PM -0700, Chuck wrote:<br
clear="none">
<br clear="none">
> Whatever happens, it will be up to the Council and
the GNSO as a whole to<br clear="none">
> determine the status of the RDS PDP WG going forward.<br
clear="none">
<br clear="none">
It seems to me blindingly obvious that the RDS PDP has not
come to a<br clear="none">
successful conclusion, but that events mean that we _have_
come to a<br clear="none">
conclusion. The fact that all these other things are
going on and<br clear="none">
that there is all this uncertainty suggests to me that the
ICANN<br clear="none">
community would be better served if we simply admitted it
and sent<br clear="none">
them that message, loud and clear, before Panama. There
is no hope<br clear="none">
whatever that anything resembling this WG is going to be
reconvened to<br clear="none">
solve the same problems. We ought to state forthrightly
that, at<br clear="none">
least under our previous charter, we argued for two years
and barely<br clear="none">
made a dent in this topic.<br clear="none">
<br clear="none">
We failed. We should have the courage to admit it so that
the ICANN<br clear="none">
community can take that into account in whatever it tries
to do next.<br clear="none">
<br clear="none">
Best regards,<br clear="none">
<br clear="none">
A<br clear="none">
<br clear="none">
-- <br clear="none">
Andrew Sullivan<br clear="none">
<a shape="rect" ymailto="mailto:ajs@anvilwalrusden.com"
href="mailto:ajs@anvilwalrusden.com"
moz-do-not-send="true">ajs@anvilwalrusden.com</a>
<div class="yqt3095976807" id="yqtfd98174"><br
clear="none">
_______________________________________________<br
clear="none">
gnso-rds-pdp-wg mailing list<br clear="none">
<a shape="rect"
ymailto="mailto:gnso-rds-pdp-wg@icann.org"
href="mailto:gnso-rds-pdp-wg@icann.org"
moz-do-not-send="true">gnso-rds-pdp-wg@icann.org</a><br
clear="none">
<a shape="rect"
href="https://mm.icann.org/mailman/listinfo/gnso-rds-pdp-wg"
target="_blank" moz-do-not-send="true">https://mm.icann.org/mailman/listinfo/gnso-rds-pdp-wg</a><br
clear="none">
</div>
</div>
</div>
</div>
</div>
<!--'"--><br>
<fieldset class="mimeAttachmentHeader"></fieldset>
<pre class="moz-quote-pre" wrap="">_______________________________________________
gnso-rds-pdp-wg mailing list
<a class="moz-txt-link-abbreviated" href="mailto:gnso-rds-pdp-wg@icann.org">gnso-rds-pdp-wg@icann.org</a>
<a class="moz-txt-link-freetext" href="https://mm.icann.org/mailman/listinfo/gnso-rds-pdp-wg">https://mm.icann.org/mailman/listinfo/gnso-rds-pdp-wg</a></pre>
</blockquote>
</body>
</html>