[IAG-WHOIS conflicts] Draft preliminary report

[Christopher Wilkinson]

Dear Jamie:

Thankyou, Allen for attacking the word-processing! Very helpful. (NB I did not edit the table of contents, so there is some guff to delete up there.)

1.	Regarding Appendix 3, that is not a minority report, it is a contribution to the report on the outcome of the discussions. From my point of view, Appendix 3 is more important than the rest of the draft preliminary report. I request that it be maintained. Not necessarily as an Appendix; it could form part of the Summary.

2.	As long as ICANN has not proceeded to a vote of all members of the IAG, I do not recognise the current draft preliminary report as a 'majority' report. 
 	Indeed it would be rather odd if a majority, or even a minority, of ICANN stakeholders would endorse a draft report that conflicts with applicable law in a large number of countries.

3.	I have a basic political objection to the use of the word 'national' in this context. ICANN staff and stakeholders are beholden to heave to the Articles of Incorporation which refer to 'applicable' law (precisely to this effect.)

4.	I also have strong reservations about the repeated references to 'enforcement' which I have replaced by reference to e.g.  'competent authorities'. Indeed, to the best of my knowledge in most of Europe (30+ countries) the agencies responsible for the authoritative interpretation and implementation of data protection law are not the same as those responsible for enforcement.

For the rest, I do not need to repeat myself. I shall return to these matters in Dublin as the occasion may arise.

Best regards to you all

CW




On 17 Sep 2015, at 20:14, Jamie Hedlund <jamie.hedlund at icann.org> wrote:

> Christopher, 
> 
> I will do my best to identify your changes.
> 
> Regarding your Appendix 3 and other requests to provide a minority statement, it does not seem appropriate to include these in a document on which public comment is sought. Rather, minority statements are incorporated into final reports. At that point, public comments have been considered and the group has identified where there is consensus. It would be appropriate for minority views to be submitted as public comment. If, after taking into account the universe of public comments, these views do not generate consensus support, they would be ripe for attachment to the final report as minority statements.
> 
> Please let me know if you have any questions or concerns with this approach. Thank you.
> 
> 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: Christopher Wilkinson <cw at christopherwilkinson.eu>
> Date: Thursday, September 17, 2015 at 14:00
> To: Jamie Hedlund <jamie.hedlund at icann.org>
> Cc: "whois-iag-volunteers at icann.org" <whois-iag-volunteers at icann.org>
> Subject: Re: [IAG-WHOIS conflicts] Draft preliminary report
> 
> No, Jamie, there are a number of amendments and additions in the body of the text.
> 
> Since your version is in .docx and my edits are in .odt, track changes does not seem to work.
> (I do not know how to do 'red-lining')
> 
> I suggest that if you do a 'compare documents' you will get the changes.
> 
> Otherwise: Search for 'N.B.'  and for 'applicable'' and you will get most of them.
> 
> Regards
> 
> CW
> 
> 
> 
> 
> On 17 Sep 2015, at 19:50, Jamie Hedlund <jamie.hedlund at icann.org> wrote:
> 
>> Christopher,
>> 
>> Thank you. Could you please confirm that the only change you made to the base text was the addition of Appendix 3? Since the document is not redlined I wanted to make sure we captured your proposed edits. Thanks again.
>> 
>> 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: Christopher Wilkinson <cw at christopherwilkinson.eu>
>> Date: Thursday, September 17, 2015 at 13:24
>> To: Jamie Hedlund <jamie.hedlund at icann.org>
>> Cc: "whois-iag-volunteers at icann.org" <whois-iag-volunteers at icann.org>
>> Subject: Re: [IAG-WHOIS conflicts] Draft preliminary report
>> 
>> Good evening:
>> 
>> Please find attached my edits to the draft preliminary report.
>> 
>> With many thanks for your attention
>> 
>> Regards
>> 
>> Christopher Wilkinson
>> 
> 

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