[gnso-rds-pdp-wg] Proposed Agenda for RDS PDP WG Meeting - Tuesday 6 June

[Gomes, Chuck]

As Stephanie pointed out, our individual objectives as WG members are not the same.  That is why we have a charter with objectives that we need to pursue.  Note that the charter recognizes the differing objectives within the community and tasks us with trying to find ways to meet the competing objectives as best we can while complying with applicable laws.  Doing that with the ‘most latitude’ as Greg suggests could also mean the ‘most risk’ for those who have to implement the policy as well as those who will be impacted.  The advice we get must help us minimize risk and that is why one of our charter questions deals with risk.



Chuck



From: gnso-rds-pdp-wg-bounces at icann.org [mailto:gnso-rds-pdp-wg-bounces at icann.org] On Behalf Of Greg Shatan
Sent: Tuesday, June 06, 2017 12:07 AM
To: Stephanie Perrin <stephanie.perrin at mail.utoronto.ca>
Cc: gnso-rds-pdp-wg at icann.org
Subject: [EXTERNAL] Re: [gnso-rds-pdp-wg] Proposed Agenda for RDS PDP WG Meeting - Tuesday 6 June



The goal of good legal advice should be to give the client (here, the group developing policy) a solution that offers the most latitude to achieve their objectives while complying with the law.  If the goal is to constrain the RDS beyond the minimum constraints of the law, that is not good legal advice to a group trying to develop policy recommendations. It might achieve some other objective, but it is not an objective related to legal advice.



Greg



On Mon, Jun 5, 2017 at 11:12 PM, Stephanie Perrin <stephanie.perrin at mail.utoronto.ca<mailto:stephanie.perrin at mail.utoronto.ca>> wrote:

   Oh, I accept that we are going to have to get outside counsel.  I am just putting a marker in, that we probably have different views on how to seek advice from counsel.  Our goals are different.

   Stephanie



   On 2017-06-05 19:18, Adam Lanier wrote:

      Stephanie,



      Do you have an alternate suggestion then? It sounds as if you think hiring outside council may not be a good idea.



      On another note, it seems to me that there is considerable legal and technical talent already in this WG.  Does everyone feel that there is no way for us to educate each other and fill in at least some of the gaps?



      Adam Lanier | Director Technical Operations | Clearnetwork | alanier at clearnetwork.com<mailto:alanier at voyantinc.com> | +1 732-335-1500 ext. 525<tel:(732)%20335-1500>




      On Jun 5, 2017, at 6:42 PM, Stephanie Perrin <stephanie.perrin at mail.utoronto.ca<mailto:stephanie.perrin at mail.utoronto.ca>> wrote:

         I certainly agree with Andrew that I at least have a technical expertise gap, not so much a public policy and legal gap.  I would also add that the risk in hiring legal counsel to advise us, is that we will not agree on what questions to ask.  For those of us advocating the public policy goals of human rights and protection of data, it will hardly be satisfactory to hire a "privacy goalie" who will be trying to find ways to deflect implementing more stringent data protection.  We have different goals here.

         Stephanie



         On 2017-06-05 18:28, Andrew Sullivan wrote:

            Hi,

            On Mon, Jun 05, 2017 at 11:16:56PM +0100, Paul Keating wrote:

               I would like to reiterate my request that we attempt to formally engage counsel for the e.g. Who can provide meaningful legal advice.


            While I am by no means opposed to that suggestion, I worry about two
            issues: (1) that it'll blow such budget as we maybe have and (2) that
            once we do this we ought also to engage (formally) technical expertise
            and so on.  Without wishing to impugn anyone, I will confess that in
            this group gaps in legal knowledge are way less obvious to me than
            gaps in technical knowledge.  This is doubtless because of my own
            background, and not the relative desity of knowledge gaps.

            Best regards,

            A




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