[Rt4-whois] Comments on the draft discussion paper [SEC=UNCLASSIFIED]

[Kathy Kleiman]

Hi Peter and All,
Peter, tx for your edits and corrections. I agree that the paper is 
looking great -- and now it is time to finish it and get it out for 
public comment (this week is the deadline!). That gives the Community a 
chance to see our issues and questions, and an opportunity to prepare 
notes for our discussions in Singapore (as well as prepare written 
comments for afterwards).

** Two quick notes: (1) I asked Liz Gasster to review the "Clarity of 
existing policy" section, and she found I/we had left out something -- a 
consensus procedure called " 'Handling WHOIS conflicts with Privacy Law' 
(effective January 2008) which details how ICANN will respond to a 
situation where a registrar or registry indicates it is legally 
prevented by local/national privacy laws or regulations from complying 
with the provisions of its ICANN contract regarding the collection, 
display and distribution of personal data via WHOIS. The procedure is 
for use by ICANN staff and did not change the obligations of registries, 
registrars or third parties when approved by the GNSO and adopted by the 
Board."

I have included the text above at the end of the Clarity of existing 
policy.  For those who passed it, it was seen as a small step for ICANN 
since it did not allow registries and registrars to pro-actively bring 
themselves into compliance with laws, but only to wait until they are 
called out as being in violation. So it was seen as a first step, but a 
small step.

Nonetheless, Liz is right in advising that we might include it -- so I 
have done so subject to your approval -- to the changes already 
circulated by Peter on the current draft.

(2) Alice and Olof -- will it be possible to insert links to all of the 
policies and procedures in the final version so people can easily find 
them??  Tx you!
Best,
Kathy


Hello all,
>
> Unfortunately I won't be able to make tonight's call on the discussion 
> paper, and have instead made some comments and suggestions in the 
> attached (in revision mode, and with comment boxes) which I hope will 
> be helpful.
>
> I think the paper is starting to look very good, and one that will 
> hopefully draw out some useful community feedback.
>
> As you'll see, I've noted a couple of questions that I think we'd 
> already agreed to delete, and also proposed an additional 
> sub-component to one question which I'd be very interested to get 
> community feedback on. I've also commented on the proposed 'costs' 
> section of the paper, which I have some questions and concerns about.
>
> I look forward to reviewing the version that comes out of tonight's 
> call asap after its available.
>
> Cheers,
>
> Peter
>
> *From:*rt4-whois-bounces at icann.org 
> [mailto:rt4-whois-bounces at icann.org] *On Behalf Of *Olof Nordling
> *Sent:* Wednesday, 25 May 2011 6:22 PM
> *To:* rt4-whois at icann.org
> *Subject:* [Rt4-whois] WHOIS Review - updated draft following today's call
>
> Dear Review Team Members,
>
> Today's call, chaired by Kathy and attended by Peter, Susan, Bill, Kim 
> and Omar, focused on agenda item 1, advancing the issues paper. Edits 
> were made up to the end of the second question box on page 5, as 
> marked in the attached version. The list of consensus policies was 
> moved above the first question box and the team decided to include 
> hyperlinks to main documents.
>
> PLEASE NOTE: When adding the hyperlinks, I noted that items 3 and 4 in 
> the consensus policy list on page 4 seem to relate to the same 
> instrument, notably the WHOIS Marketing Restriction Policy, so I 
> reflected that in the drafting, marked by red. This is to be 
> confirmed, though!
>
> Also, please correct (and bear with me...) if I missed or 
> misunderstood any of the decided edits.
>
> Very best regards
>
> Olof
>
>
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