[IAG-WHOIS conflicts] Discussion paper for 1 April 2015 meeting

[Jamie Hedlund]

Steve,

Thanks for pointing out the overlap. You are absolutely correct on all
points. The discussion paper tries to tee up for discussion whether a
package of verification elements that did not include notice of a process
against an operator could meet the "credible demonstration of legal
prevention" threshold. That package might include advice from the relevant
GAC member, opinion from the ICANN GC, evidence of enforcement or intent to
enforce the conflicting national privacy law, public comment and/or
something else. Hope that makes sense.

Look forward to tomorrow¹s call. Thanks.

Best,
Jamie  

Jamie Hedlund
VP, Strategic Programs
Global Domains Division
ICANN
+1.202.374.3969 (m)
+1.202.570.7125 (d)
jamie.hedlund at icann.org

From:  <Metalitz>, Steven Metalitz <met at msk.com>
Date:  Tuesday, March 31, 2015 at 5:02 PM
To:  Jamie Hedlund <jamie.hedlund at icann.org>,
"whois-iag-volunteers at icann.org" <whois-iag-volunteers at icann.org>
Subject:  RE: Discussion paper for 1 April 2015 meeting

Thanks for this discussion paper, Jamie, it should be helpful in framing our
discussion tomorrow.
 
As one aspect of the discussion tomorrow we should take a look at the
existing procedure, as there may be some overlap with what you are
proposing.  For example, see section 2.1.2 of the current procedure:
 
2.1.2 Pursuant to advice from ICANN's Governmental Advisory Committee, ICANN
will request advice from the relevant national government on the authority
of the request for derogation from the ICANN WHOIS requirements.
 
Of course, the touchstone remains ³credible demonstration of legal
prevention,² which is the standard adopted by the community and articulated
in the policy, which the procedure that we have been asked to review is
intended to implement.
 
Steve Metalitz    
 

From: whois-iag-volunteers-bounces at icann.org
[mailto:whois-iag-volunteers-bounces at icann.org] On Behalf Of Jamie Hedlund
Sent: Monday, March 30, 2015 1:27 PM
To: whois-iag-volunteers at icann.org
Subject: [IAG-WHOIS conflicts] Discussion paper for 1 April 2015 meeting
 

All,

 

Attached please find a short paper for the upcoming call. It is intended to
spur discussion on whether the trigger could be modified so long as adequate
verification requirements were in place. The paper follows on from
contributions to the discussions to date. This is the only proposed agenda
item. Based on how the call goes, we can spend the last 10 minutes or so
discussing next steps.  If anyone would like to add anything to the agenda
please let me know. Thanks.

 

Best,

Jamie

 

Jamie Hedlund

VP, Strategic Programs

Global Domains Division

ICANN

+1.202.374.3969 (m)

+1.202.570.7125 (d)

jamie.hedlund at icann.org


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