[Rt4-whois] Applicable law updated with comments

[Omar Kaminski]

Seems I made my considerations in the wrong email, but they are the
same, besides one more point on privacy laws: if the Whois system
should be kept public and accessible, the problems should arise
specially - surprise! in fact, not - on proxy servers and services
that keep personal data on private, or under certain conditions
(usually paying a tax).

Omar



2011/11/30 Seth M Reiss <seth.reiss at lex-ip.com>:
> Good
>
>
>
> From: rt4-whois-bounces at icann.org [mailto:rt4-whois-bounces at icann.org] On
> Behalf Of Kathy Kleiman
> Sent: Wednesday, November 30, 2011 10:15 AM
> To: rt4-whois at icann.org
> Subject: [Rt4-whois] Applicable law updated with comments
>
>
>
> Hi All, On a key definition applicable law, Alice and I adopted the edits
> proposed:
>
> ==>  Now: The Team understands the “applicable laws” reference as
> encompassing all laws, but mainly focused on privacy laws and regulations,
> and notes ICANN’s existing consensus policy relating to conflicts with
> privacy laws. The Team considered, but determined not to include within the
> definition, international agreements and regional laws recognizing that such
> laws are enforceable only to the extent incorporated into the domestic laws
> of contracting states.
>
> OK?  Raise a flag if not. Tx! Kathy & Alice
>
> ORIGINAL ===>  The Team understands the “applicable laws” reference as
> limited to privacy laws and regulation (SK) comment: I agree with Emily
> should change to “encompass all laws but many mainly focus on privacy laws
> and regulations” and notes ICANN’s existing consensus policy relating to
> conflicts with privacy laws. The Team considered but determined not to
> include within the definition international agreements and regional laws,
> recognizing that such laws are enforceable only to the extent incorporated
> into the domestic laws of contracting states.
>
> --
>
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