[IAG-WHOIS conflicts] Draft preliminary report

Thu Sep 17 21:16:12 UTC 2015

Well, now we really have a minority opinion on record.

Good night

CW

On 17 Sep 2015, at 22:28, "Silver, Bradley" <Bradley.Silver at timewarner.com> wrote:

> Jamie, all:
>  
> I have a few comments/concerns about the recent round of changes proposed by Christopher.  I had understood that the point of providing comments to the report was to ensure that the report adequately reflects the discussions that have taken place.  However, a number of these new edits appear to be an attempt to reopen/continue discussions, and/or to insert minority (or single-proponent) views. 
>  
> In particular:
> ·         Objections regarding the underlying WHOIS policy are not appropriate for this report – we discussed this on calls in the past, and there was no agreement that such a view to presented as part of the AIG’s readout – indeed, the opposite conclusion was reached.  These changes are in the summary and Section 1.2.  As a minority views which falls outside the mandate of the AIG, efforts to reopen to address perceived deficiencies in the underlying policy should be directed through appropriate policy development channels.
> ·         The editing of “local/national laws” to read “applicable laws” does not reflect the focus of the discussions of the group – which was solely on the laws of national territories, so this should be retained.  This is carried through in edits to the wording of the alternative trigger, which changes “government agency” to “governmental (regional or national) agency” – again, we did not discuss or reach agreement on conflicts between contractual compliance and “regional” bodies.  Furthermore, the difference between a “government” agency and a “governmental” agency is unclear. 
> ·         It is inappropriate to tinker with the alternative trigger, Written Legal Opinion trigger and Contracted Party Request proposals at this stage – again, the point of providing comments to the report was not to reopen or continue discussions, but to ensure that the report adequately reflects the discussions that have taken place.   For example, with regard to the alternative trigger:
> o   the deletion of “enforcing” with interpreting and implementing” is inaccurate and does not reflect the proposal which was the subject of preliminary agreement. 
> o   There was no agreement that an agency charged with “interpreting and implementing” data privacy laws would satisfy the trigger.  
> o   The same comments are carried through to question 3 in the public comment section, and section 6.1  - Preliminary Recommendations.
> ·         In the “Objective and Next Steps” section, the reference to the possible lack of competence and objectivity of the GNSO again seems to be inserting a view into the paper is neither appropriate for this report, which is a majority report – not a compendium of all the views expressed on the calls thus far.  
> ·         At the end of the “Background” section, the addition of language claiming that despite the procedure never having been invoked, “many concerns have been expressed to the effect that the procedure is inconsistent with applicable laws” – this language is biased, not reflective of discussions in the group and presupposes that the procedure is inadequate – which we agreed on the first call was outside the terms of reference of the AIG’s mandate, and should not therefore be reflected as an editorial comment on the background of this exercise. 
> ·         Section 5.2, second bullet  – it is precisely the point of this exercise for ICANN to define what data protection authority is an acceptable authority – and in any event, these were the terms of the AIG’s engagement, and one cannot revise that now.
>  
> Regards,
>  
> Bradley Silver
> From: whois-iag-volunteers-bounces at icann.org [mailto:whois-iag-volunteers-bounces at icann.org] On Behalf Of Jamie Hedlund
> Sent: Thursday, September 17, 2015 2:39 PM
> To: Jamie Hedlund; Allen Grogan; Christopher Wilkinson
> Cc: whois-iag-volunteers at icann.org
> Subject: Re: [IAG-WHOIS conflicts] Draft preliminary report
> Importance: High
>  
> Just to clarify, the last sentence was directed at the IAG, not Allen. 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: <whois-iag-volunteers-bounces at icann.org> on behalf of Jamie Hedlund <jamie.hedlund at icann.org>
> Date: Thursday, September 17, 2015 at 14:37
> To: Allen Grogan <allen.grogan at icann.org>, Christopher Wilkinson <cw at christopherwilkinson.eu>
> Cc: "whois-iag-volunteers at icann.org" <whois-iag-volunteers at icann.org>
> Subject: Re: [IAG-WHOIS conflicts] Draft preliminary report
>  
> Thank you, Allen. 
>  
> In light of the extensive edits, please review and indicate whether you have any concerns or objections. 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: Allen Grogan <allen.grogan at icann.org>
> Date: Thursday, September 17, 2015 at 14:31
> To: Jamie Hedlund <jamie.hedlund at icann.org>, Christopher Wilkinson <cw at christopherwilkinson.eu>
> Cc: "whois-iag-volunteers at icann.org" <whois-iag-volunteers at icann.org>
> Subject: Re: [IAG-WHOIS conflicts] Draft preliminary report
>  
> Can't guarantee the accuracy, but I believe the attached redline reflects the changes proposed by Christopher.  Note that some language consisting of hyperlinks in the original document shows up here in blue (meaning it looks like it is a change to the document even though it isn't).
>  
>  
> Regards,
>  
> Allen R. Grogan
> Chief Contract Compliance Officer
> direct:  + 1 310 578-8932
> mobile: +1 310 795-8206
> allen.grogan at icann.org 
>  
> 12025 Waterfront Drive
> Suite 300
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>  
>  
> From: <whois-iag-volunteers-bounces at icann.org> on behalf of Jamie Hedlund <jamie.hedlund at icann.org>
> Date: Thursday, September 17, 2015 11:14 AM
> To: Christopher Wilkinson <cw at christopherwilkinson.eu>
> Cc: "whois-iag-volunteers at icann.org" <whois-iag-volunteers at icann.org>
> Subject: Re: [IAG-WHOIS conflicts] Draft preliminary report
>  
> 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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