Re: [gnso-acc-sgb] FYI: CALL SUMMARY Sub group B, 2 May, 2007

[Jeff Williams <jwkckid1@xxxxxxxxxxxxx>]

Maria and all,

  Sorry I was not able to be available for this conference call, but
did listen to the mp3.

  I have some suggestions and a question to the sub group B
members.

  I believe we need to define first what is legitimate third party.
If no real working definition can be reasonably determined, than
we will have to proceed as if anyone, any entity, ect., can be such
a " legitimate third party".

 If the latter I feel some very strict enforceable contractual
parameters by which these " legitimate third parties" must
operate.

  I believe law firms, legal organizations of any sort or type and
law enforcement organizations must be disallowed from being
considered " legitimate third parties" for several obvious reasons.

 My question is whom will be overseeing these " legitimate
third parties" and what enforcement mechanisms will be realistically
available for whomever is doing the oversight?

My suggested answer is, a joint ICANN staff and GNSO oversight
group should be formed with 5 members sit for a period of 2 years,
in which 2 members must be independent registrants and have no
current constituency affiliation or membership, one ICANN staff member,
one GNSO council or GNSO constituency member and one non registrant
whom has no affiliation with ICANN or the GNSO in any way.

  Enforcement mechanisms should be as harsh as the level of whatever
infraction or abuse is as determined by the decision of the above
suggested
oversight group.

Maria Farrell wrote:

>    Dear sub group members,
>
> Attached is a brief summary of this sub group's conference call
> yesterday.
>
> I had a problem with the software that monitors who's on the call, so
> if you
> participated but aren't in the list of participants, please email me
> off-list and I'll amend the record.
>
> Best regards, Maria Farrell
>
>
> Sub group 4b
>
> Conference call 2nd May 2007
>
>
>
> Participants:
>
> Milton Mueller (sub group Chair)
>
> Avri Doria
>
> Bertrand de la Chapelle
>
> Dan Krimm
>
> Palmer Hamilton
>
> Doug Isenberg
>
> Carole Bird
>
> Philip Sheppard
>
> Michael Warner
>
> Margie Milam
>
> Ross Rader
>
> Patrick Kane
>
> John Levine
>
> Ken Stubbs
>
> David Fares
>
> Steve Metalitz
>
> David Maher
>
> Susan Kawaguchi
>
> Denise Michel
>
> Maria Farrell
>
> Glen de Saint Gery
>
>
>
> Scope of work
>
> Reminder: this sub group's scope of work follows item 4b of the WG
> Charter.
> The sub group needs to compile information on options to:
>
> "Determine how and which legitimate third parties may access
> registration
> data that is no longer available for unrestricted, public, query-based
>
> access."
>
>
>
>
>
> 1          Logistics arrangements
>
>  There will be 2 further teleconferences of this sub group:
>
> - May 9 and 16 at same time.
>
>
>
> The mailing list of the group is:
>
> gnso-acc-sgb@xxxxxxxxx
>
>
>
>
>
>
>
> 2          Template for proposals
>
> Milton Mueller had already prepared a template for proposals (SEE
> ATTACHED
> DOCUMENT) for this sub group to gather and consider:
>
>
>
>     - Which third parties
>
>     - How are they certified?
>
>     - Access process and mechanisms (sub-heading: speed)
>
>     - Cost burden and distribution
>
>
>
> Adding purpose as a factor was discussed but it was generally agreed
> to roll
> purpose into the nature of the accessing party in the certification
> process,
> i.e. law enforcement, etc.
>
>
>
> The sub group agreed to keep the template Milton had set out with an
> extra
> column for 'notes' to include issues such as possiblity for abuse or
> leakage, technical modalities of access.
>
>
>
>
>
> 3          Proposals received
>
> The two proposals received to date were summarised by Milton.
>
>
>
> Discussion of Paul Stahura's proposal included the difficulty of
> establishing in all countries whether a hierarchy of law enforcement
> agencies exists to match a certification key chain.  On the other
> hand, this
> is why a national and centralized approach was proposed, and also
> multiple
> keys can easily be revoked.
>
>
>
> A distinction was made of access of public and private actors to
> unpublished
> Whois data.
>
>
>
>
>
> Actions
>
> -          Bertrand de la Chapelle agreed to write a paragraph for the
> sub
> group explaining his thoughts on national certification connected to
> an
> international organization for law enforcement authorities.
>
> -          Sub group members are invited to develop and submit their
> own
> proposals in some detail, i.e. don't just say which 3rd parties but
> identify
> how they might be certified or authorized.
>
> -          Proposals need to follow the template.
>
> -          Deadline for proposals: May 7, 5 pm UMT - NOTE change of
> time.
>
> -          Maria will compile and circulate the proposals together.
>
> -           If submitted early, proposals can be discussed on the list
> or
> have a more general discussion about them.
>
>

Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 134k members/stakeholders strong!)
"Obedience of the law is the greatest freedom" -
   Abraham Lincoln

"Credit should go with the performance of duty and not with what is
very often the accident of glory" - Theodore Roosevelt

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liability depends upon whether B is less than L multiplied by
P: i.e., whether B is less than PL."
United States v. Carroll Towing  (159 F.2d 169 [2d Cir. 1947]
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