[RDS-WHOIS2-RT] Scope: Legitimate needs

[Alan Greenberg]

In reviewing the draft Scope document, I looked once more at the 
Phrase "legitimate needs".

The sentence in the Bylaws reads: "The Board shall cause a periodic 
review to assess the effectiveness of the then current gTLD registry 
directory service and whether its implementation meets the legitimate 
needs of law enforcement, promoting consumer trust and safeguarding 
registrant data."

We have previously discussed whether this means the RDS implementation:
= meets the legitimate needs of law enforcement;
= promotes consumer trust; and
= safeguards registrant data.

OR

The RDS implementation:
= meets the legitimate needs of law enforcement;
= meets the legitimate needs of promoting consumer trust; and
= meets the legitimate needs of safeguarding registrant data.

The latter interpretation is what is in the draft scope.

I went back to the original Affirmation of Commitments to see what it 
said: "... ICANN will organize a review of WHOIS policy and its 
implementation to assess the extent to which WHOIS policy is 
effective and its implementation meets the legitimate needs of law 
enforcement and promotes consumer trust."

So I believe that the first interpretation is in fact the original 
one and if we revert to it, we do not need to worry about identifying 
what the legitimate needs of promoting consumer trust are (as opposed 
to the non-legitimate needs of promoting consumer trust).

Safeguarding user data was added during the transfer of the AoC into 
the Bylaws and I believe we can similarly not need to worry about 
legitimate safeguarding vs illegitimate safeguarding.

Alan 
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