[Rt4-whois] Additional recommendation

[Emily Taylor]

Hi Kathy

I've been following the discussions on applicable laws, and particularly the
exchanges between you and Peter.  I think you both agree in principle
(applicable laws = relevant, GAC = a good stakeholder to consider this), but
disagree on how to achieve the objectives.  Peter is unconvinced that a list
of laws will be useful; he says that it won't be global, because the GAC
membership isn't; and it's not clear how such a list would be kept up to
date etc.  You think a list would be helpful, and that the GAC is the
obvious place to compile such a list.

Have I got your positions correct?

If so, can you help Peter by explaining why a list (comprehensive or not)
would be better than the current system, which I believe is that people can
invoke applicable laws on a case-by-case basis?

Kind regards

Emily

On 17 August 2011 15:47, Kathy Kleiman <kathy at kathykleiman.com> wrote:

> Hi All,
> As our discussion evolve, key recommendations are continuing to emerge.
> I look forward to the ones the Compliance subteam will be sharing
> (important ones!) and wish to add this one...
>
> Additional recommendation:
>
> Per the requirement of the Affirmation of Commitments that "ICANN
> additionally commits to enforcing its existing policy relating to WHOIS,
> subject to applicable laws," the GAC is requested to provide, within a
> six month period, a list of key Applicable Laws. These laws will provide
> guidance and understanding for the ICANN and the Community as they work
> to meet the obligations of the Affirmation of Commitments. As guidance,
> the Whois Review Team shares its definition of Applicable Laws,
> developed in conjunction with the ICANN Community through an open process.
>
> Best,
> Kathy
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>



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