[Rt4-whois] Can everyone volunteer?

[Smith, Bill]

One possible interpretation of "applicable law" is to consider the AOC a "contract" and that the term simply references the jurisdiction for dispute resolution. As such, it might be boilerplate holdover from a prior agreement and would serve to limit the laws in question.

Another interpretation is to look at the AOC as a promise, and that ICANN does not wish to be required to engage in illegal activity in order to fulfill its obligation. With this interpretation, there wouldn't be a jurisdictional limit and as a consequence, a larger set of laws would be involved.

In either case, attempting to list all such laws seems a futile task since the law rather lives and breathes based on precedent, appeal, reversal, and new legislation.

On Jan 6, 2011, at 1:56 PM, Kim G. von Arx wrote:

I should add, I would also be happy to start the "applicable law", but I think that is a much larger task and requires as many people as possible so that we can divide up the continents (at least) in to different sections.

Kim

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Merry Christmas and a Happy New Year or Season's Greetings... whatever works for you.






On 2011-01-06, at 4:46 PM, Kim G. von Arx wrote:

Hi Kathy et al:

I am not exactly sure what you are looking for, but I'd be happy to take on Law Enforcement and, as I understand the purpose of this, I will try to come up with some kind of very rough wireframe proposal which can guide and facilitate a discussion.  It would be great if Sharon would join me in that venture as, I believe, she would have the most relevant experience in that sector.

Kim



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Merry Christmas and a Happy New Year or Season's Greetings... whatever works for you.






On 2011-01-06, at 1:05 PM, Kathy Kleiman wrote:

Hi All,
Happy New Year again!  Bill has inspired me – there are issues we should be looking at now, in preparation for London, rather than waiting for the meeting.  Emily and I selected key areas from the Agenda that would  benefit from advanced planning.  They are substantive and speaker agenda items (all speakers have asked for questions on which they can prepare their presentations).

Would everyone please select one item below (two, if you feel inspired)?  Please take a look at whatever background materials you deem appropriate, and prepare a draft to share with the list.  Nothing fancy needed:  paragraphs, bullet points, rough ideas.  Whatever you provide will give us something to work from – a rough draft.

I propose 1/11 as the deadline – and then a day or two to comment as a group (and then send on to the speakers).  Again, rough draft for discussion purposes is the goal…. a starting point to our discussion in London!

Here’s the list of subjects.  Please let me and Emily know (on or off list) what you would like to volunteer for. Tx you!

I. Definitions – a working set of definitions, background, scope (see initial ideas in Agenda):
1.                         A. Producers of Whois Data _____________ (Volunteer(s))
2.                         B. Law Enforcement _____________ (Volunteer(s))
3.                         C. Consumers and Consumer Trust _____________ (Volunteer(s))
4.                         D. Applicable laws _____________ (Volunteer(s))

II. Questions - for Speakers (to help them organize their presentations to our needs):
5.                         A. Questions for ICANN Staff on Compliance:  James Bladel and _____________ (additional volunteer?)
6.                         B. Questions for ICANN Staff on Whois Policy & History: _____________ (Volunteer(s))
7.                         C. Questions for SOCA Speaker
8.                         D. Questions for Article 29 Speaker (still “invited,” but not yet RSVPed) _____________ (Volunteer(s))
9.                         E. Questions for Department of Commerce/Lawrence Strickling

III. Schedule of Upcoming Meetings
Volunteers: Kathy, Emily, Bill (Bill, hope you don’t mind my volunteering you).

IV. Outreach & Action  Plan:
Volunteers: Emily, Kathy, _____________ (Volunteer(s))


Please let Emily and me know your choice(s) -- did we miss anything?

Best and tx!

Kathy Kleiman
Director of Policy
.ORG, The Public Interest Registry
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