[Rt4-whois] Revised definitions [SEC=UNCLASSIFIED]

Tue Sep 13 01:49:21 UTC 2011

Hi Sharon and all,

Unfortunately, I won't be able to make the call on Wednesday, but wanted to thank Sharon and Emily for their work on these definitions.

Regarding the suggestion to agree on the new definitions on Wednesday, the analysis and changes to the definitions of law enforcement and applicable laws raise a number of questions for me.

To give a few examples:

*       In relation to the analysis of applicable laws, I'm not convinced that the initial definition only relates to privacy law, as it explicitly refers to laws that regulate the 'collection, use, access, and disclosure' of personal data. Obviously a law that requires the disclosure of personal data could have privacy implications, but couldn't a provision to 'disclose' data reside in a criminal or other law, rather than only in an explicit privacy law?

*       In terms of the change to the definition, I'm interested in the shift of wording from 'collection, use, access, and disclosure' to 'collection, display and distribution'. Each of these shifts is interesting - for example, is the concept of 'use' covered in the new formulation, or has this been dropped?

*       In relation to the law enforcement definition, what does 'control of the affairs of a community' mean? I understand the desire to narrow the scope of that definition, but would any entity actually meet that criteria?

As we've discussed previously, I'm concerned about any wording that could unintentionally exclude a relevant law or law enforcement entity, and would like a chance to discuss these new definitions further.

Cheers,

Peter

From: rt4-whois-bounces at icann.org [mailto:rt4-whois-bounces at icann.org] On Behalf Of LEMON, Sharon
Sent: Monday, 12 September 2011 7:15 PM
To: rt4-whois at icann.org
Subject: [Rt4-whois] Revised definitions

NOT PROTECTIVELY MARKED

Good Morning (in London) everyone, and welcome Seth,

Emily and I have been working on the definitions, commenting on the feedback, and have made some revisions - these are attached.  Please take time to have a look to see if you are satisfied and we can agree them in our call on Wednesday.

Emily has more work to do on Producers and Maintainers, and will be working on a 'Whois lifecycle' diagram in due course.

I hope you are all well and look forward to seeing you all in MdR, which will be my final face to face meeting with you all as I am not travelling to Senegal.

Best Wishes

Sharon

Sharon LEMON OBE
Deputy Director
Cyber and Forensics
Serious and Organised Crime Agency (SOCA)
07768 290902
0207 855 2800

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