[Ws2-transparency] Materials for Tomorrow's WS2 Transparency Call

[Mike Rodenbaugh]

Hello all,

I won't be making many if any calls at 13:00 UTC as that is 6a.m. for me.
But I have ample experience getting thwarted by ICANN's self-serving,
incredibly opaque DIDP; and so I intent to participate in those discussions
intensively.

The thematic document poses good issues, to which I would add at least one
at the outset, which is to add "legal privilege" to the list of exceptions
always cited by ICANN.  At minimum, they should provide a privilege log (as
in US court practice, showing the date, the recipients and generally the
topic of any document claimed to be privileged) for such withheld
communications.  Also there should be a mechanism to challenge the
assertion of privilege or any other exception claimed by ICANN legal.  As
of today, as to all of the exceptions to disclosure, ICANN is the only
arbiter of applicability of the exceptions.  They ought not be the sole
decider, as accountability principles demand that an independent arbiter be
allowed to determine their applicability under circumstances where the
assertion of any privilege or exception is reasonably challenged.  That
needs to get built into the DIDP, in my humble opinion.

I look forward to discussing these issues further.

Thanks,
Mike

Mike Rodenbaugh
RODENBAUGH LAW
tel/fax:  +1.415.738.8087
http://rodenbaugh.com

On Wed, Aug 17, 2016 at 12:42 PM, Michael Karanicolas <
michael at law-democracy.org> wrote:

> Hello all,
>
> In advance of our second call for the WS2 transparency subgroup, set for
> tomorrow at 1300 UTC, I am attaching a revised thematic outline. Thanks to
> everyone who contributed ideas, I think that we have succeeded in mapping
> out these issues very well, and look forward to discussing them tomorrow.
>
> Our planned agenda for the meeting is:
>
> 1. Welcome
> 2. Discussion re Thematic Overview Doc
> 3. Next Steps (e.g., further research)
> 4. AOB
>
> As further background, I am also attaching two reviews carried out by
> ICANN which are pertinent to these issues, and which were mentioned in the
> last call.
>
> Best wishes,
>
> Michael Karanicolas
>
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>
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