[council] proposed question to legal counsel on whois tf privacy waiver

Marilyn Cade marilynscade at hotmail.com
Thu Aug 18 20:37:44 UTC 2005


Still isn't quite as carefully crafted as I'd like to see. Not a lawyer, but
I have sooooooooooooooooooooooooooooooooo much experience in being advised
by lawyers... that I am careful about words like "is there a possibility"...
learned a long time ago from a number of lawyers that "there is always a
possibility" if one looks long enough.

I think we need to ask for another round of edits to tighten up and clarify
what the question is and note that the question is related to the actual
recommendation that is before the Council, not a wide ranging general
question. 

Perhaps some more of the lawyers on the TF, or the Council can join in the
"crafting" of the question.... thus I've copied David Fares who is one of
the BC reps, who is a lawyer. He doesn't have posting privileges, so should
he want to contribute, I'll provide his inputs as  BC inputs. 

Marilyn 

-----Original Message-----
From: owner-council at gnso.icann.org [mailto:owner-council at gnso.icann.org] On
Behalf Of Ross Rader
Sent: Thursday, August 18, 2005 10:40 AM
To: robin at robingross.com
Cc: council at gnso.icann.org
Subject: Re: [council] proposed question to legal counsel on whois tf
privacy waiver

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Hash: SHA1

On 18/08/2005 9:39 AM Robin Gross noted that;

> Follow-up to comment on WHOIS Task Force and waiver of privacy rights on
> GNSO policy call.
> 
> Robin Gross
> 
> 
> Proposed question from GNSO Council to ICANN Legal Counsel:
> 
> As the GNSO undertakes its further review of the WHOIS and what data
> should be collected and made public, is there a possibility that the
> language may be misconstrued as a waiver of privacy rights, and if so,
> how can we best adjust it to avoid this and preserve the original intent
> of the Task Force?

This looks good to me.

- --






                      -rwr



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