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

Kim G. von Arx kim at vonarx.ca
Wed Jun 1 19:44:37 UTC 2011


I agree with Omar and thanks Kathy for your hard work. 

Kim 

__________________________________

kim at vonarx.ca
+1 (613) 286-4445

"Shoot for the moon.  Even if you miss, you'll land among the stars..."







On 1 Jun 2011, at 15:13, Omar Kaminski wrote:

> 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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