[Gnso-ppsai-pdp-wg] Follow up actions from the call yesterday

[Luc SEUFER]

Hi Mary et alia,

Here attached are my comments on the proposed input template. As Kathy pointed out I believe some terms would benefit from being more clearly defined, but I also trust we should trim this questionnaire if we want it to be answered to.
Furthermore, asking the other constituencies if a third party (the pp provider) should disregard their local laws seems a tad odd to me. Either there is a bi or multilateral convention between the country where the illegal activity was conducted and the one of the service provider or there isn’t. Our industry may be self-regulated (or at least it like to think it is) but the fact remains that each country is sovereign on its territory.

This is again a case of national law vs contractual terms and the latter can’t supersede the former. IMHO we should take that fact in account or we will end up with a pp accreditation program that the majority of providers can’t abide by/ or that can’t be legally enforceable, just like the 2013 RAA.


Best Wishes,

Luc


On Jan 8, 2014, at 15:53, Mary Wong <mary.wong at icann.org<mailto:mary.wong at icann.org>> wrote:

Dear all,

As discussed on the call yesterday, here are two action items for your review.

(1) The first concerns finalizing the letters to be sent to the SO/AC Chairs, and the SG/Constituency Input Template to be sent to SG/Cs. Attached please find a CLEAN version of both the SO/AC invitation letters and the SG/C template for input that we are requesting from individual Stakeholder Groups and Constituencies (SG/Cs).

Please note that these are the same versions as were discussed during the meeting earlier today, i.e. reflecting WG Chair Don Blumenthal's edits as of 18 December 2013. This is because the more recent suggestions made by Kathy, Gema and John (and for which a good discussion is ongoing onlist) go largely toward proposed substantive modification of the original Charter questions. The only change that has been made is the addition of a sentence to the SO/AC letter, at WG Vice Chair Steve Metalitz's suggestion, that reflects some of that ongoing discussion.

We suggest that for those types of substantive edits, staff compile the suggestions into a separate document that the WG can review at a subsequent meeting, for two reasons. First, the GNSO PDP Manual specifies that SG/C input should be sought at an "early stage" in the PDP, and that SG/Cs have 35 days to respond to a formal solicitation for input. Assuming the letters and template go out at the end of this week or early next, the due date for feedback will be mid-February such that the WG will likely only be reviewing the feedback six weeks from now at the earliest. Secondly, the SG/C input template as drafted and with Don's edits reproduces the actual Charter questions – and any substantive modification of these should first be discussed by the WG prior to circulation, since they may constitute additional issues for which the WG may need to go back to the Council.

(2) The second action item concerns Steve's proposal that the WG request that ICANN staff ask those registrars subject to the 2013 Registrar Accreditation Agreement (RAA) to provide links to information that is either published on their website, or on that of their privacy or proxy service, relating to the terms and conditions of those services and a "description of procedures" employed by the service in question for a number of functions, including receipt of complaints of abuse, relay and reveal policies, conditions for termination of service, and customer support. Although some of this information is also being sought by the EWG's proposed questionnaire, having the links provided to this WG may be helpful in addition to the aggregated responses that the EWG plans to prepare to share with the group.

Please feel free to provide suggestions and revisions to the letter and template to the list, and to indicate whether or not you support Steve's suggestion (or not).

Thanks and cheers
Mary

Mary Wong
Senior Policy Director
Internet Corporation for Assigned Names & Numbers (ICANN)
Telephone: +1 603 574 4892
Email: mary.wong at icann.org<mailto:mary.wong at icann.org>

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