[Gnso-sc-budget] strategic plan - impact of legislation and regulation

Wed Feb 6 11:42:56 UTC 2019

Hi Marilyn,

Just to clarify, the language that we have in the current version of our comment is as follows:

This statement is acceptable and important. The GNSO Council supports the continued examination of legislation and regulations so to foster a fuller understanding of ICANN’s roles and responsibilities. If ICANN continues to have difficulties in recognizing, understanding, and balancing its legal obligations in relation to activities within its remit (as was for the case, for instance, with the European Union's General Data Protection Regulation), this could pose a significant threat to the organization’s legitimacy, sustainability, and reputation.

Best wishes,

Ayden

‐‐‐‐‐‐‐ Original Message ‐‐‐‐‐‐‐
On Tuesday, February 5, 2019 9:32 AM, Marilyn Cade <marilynscade at hotmail.com> wrote:

> excellent. a more moderated "term" reflects our concern but also our professionalism.
>
> M
>
> ---------------------------------------------------------------
>
> From: Stephanie Perrin <stephanie.perrin at mail.utoronto.ca>
> Sent: Tuesday, February 5, 2019 9:04 AM
> To: Marilyn Cade
> Cc: gnso-sc-budget at icann.org
> Subject: Re: [Gnso-sc-budget] strategic plan - impact of legislation and regulation
>
> That word is gone Marilyn, we killed it yesterday in the meeting, and I agree.  I had suggested failure to notice or something like that...
>
> and I think it is a typo, the word is headstrong.
>
> Stephanie
>
> On 2019-02-05 08:54, Marilyn Cade wrote:
>
>> I continue to ask that you not use a word — headstrung - I am not sure that Is even a word.
>> Please consider using something more neutral. We could even say: As ICANN was not following key challenges in the evolution of privacy online, it missed the importance of examining its own role and responsibilities in this area. Early awareness from the community, not only the ICANN staff, in a collaborative approach is preferred.
>>
>> Let’s not be so EU centric in language. There are other actions at national and sub regional and regional levels that are of significant impact.  Given the world’s population of Internet users, neither US, nor Europe are the majority of the registrants opportunities. Africa with over 1B + population and highly interested in the Internet and how it can bring access to information and content; Asia Pacific, Latin American/Caribbean Islands,and some of the states in MENA - and when we recognize risks, let’s make it more generalized — which is factual.
>>
>>> On Feb 5, 2019, at 8:42 AM, Stephanie Perrin <stephanie.perrin at mail.utoronto.ca> wrote:
>>>
>>> this seems fine to me, although I tend to say "so as to foster" but this may be a regional variant....
>>>
>>> cheers Stephanie
>>>
>>> On 2019-02-04 17:25, Ayden Férdeline wrote:
>>>
>>>> Dear all,
>>>>
>>>> In relation to the following line in the vision statement:
>>>>
>>>> - Anticipate and manage the impact of legislation and regulation; and
>>>>
>>>> We currently have the following text in our comment:
>>>>
>>>> - This statement is acceptable and important. The GNSO Council supports the continued examination of legislation and regulations so to foster an understanding of ICANN’s roles and responsibilities. We consider ICANN’s headstrung refusal for over 20 years to adhere to its legal obligations vis-à-vis privacy law to have been an institutional failure which poses a significant threat to the organization’s legitimacy, sustainability, and reputation.
>>>>
>>>> On our call today, concerns were expressed that this language may be too strong. This was not a unanimous view, as one Subject Matter Expert noted that the requirement for an Expedited PDP and the need for the Temp Spec in the first place was a sign of failure.
>>>>
>>>> In order to move us forward I am suggesting that we revise this bullet point to read:
>>>>
>>>> - This statement is acceptable and important. The GNSO Council supports the continued examination of legislation and regulations so to foster a fuller understanding of ICANN’s roles and responsibilities. If ICANN continues to have difficulties in recognizing, understanding, and balancing its legal obligations in relation to activities within its remit (as was for the case, for instance, with the European Union's General Data Protection Regulation), this could pose a significant threat to the organization’s legitimacy, sustainability, and reputation.
>>>>
>>>> Can you please advise if you have any concerns with this new language. Thank you.
>>>>
>>>> Kind regards,
>>>> Ayden Férdeline
>>>>
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