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

[Omar Kaminski]

Dear Kathy,

Thanks for this important input on "applicable laws". I agree it's a
small step - on a still obscure/undone path.

Omar


2011/6/1 Kathy Kleiman <kathy at kathykleiman.com>:
>
> ** 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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