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

[Michael Karanicolas]

Hi,

Thanks Mike - great to hear from you. Sorry about the timing - we are
rotating the calls around, as per ICANN's guidelines. I can promise
you, both Chris and myself and very much looking forward to the call
following this one, which will be at 2 am and 3 am for us!

We can certainly include the use of legal privilege in the discussion
on exceptions - as that's undoubtedly an important one to dig into.
More progressive jurisdictions have already significantly narrowed how
this is interpreted for public bodies. And independent oversight will
be an important part of the discussion under point 1.d.

Best,

Michael

On Wed, Aug 17, 2016 at 8:12 PM, Mike Rodenbaugh <mike at rodenbaugh.com> wrote:
> 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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>