[gnso-dataprotection-thickwhois] Issues for Today

[Don Blumenthal <dblumenthal@xxxxxxx>]

Hello,

My day was derailed further by a family medical issue. I had hoped to 
synthesize the public comments further than in the staff summary and also raise 
some questions worth pursuing that I saw in the NCUC materials, but won't get 
through it.

I'll limit myself to suggesting some threshold topics to cover today. Some came 
up last week but weren't addressed because of the call's free form. Order isn't 
important. Please feel free to add.

1) What is our scope? Perhaps we should spend a few minutes looking at the WG's 
charter. In addition though, and just as a for instance, do we address issues 
that exist already with respect to thick vs thin or that exist regardless of 
the Whois context? We probably will have to, especially with regard to the 
first issue, because I'm hard pressed to think of something that would apply 
only prospectively. IN case you haven't looked at it recently, here is the link 
to the Charter. https://community.icann.org/display/PDP/3.+WG+Charter. The page 
also has a URL for the staff Thick Whois report, which has some relevant points.
2) Will we limit ourselves to the comments or do additional research?
3) How much research or analysis should we engage in? To take one of the 
documents from Ray as one example, are we in a position to question statements 
of the Article 29 working group or suggest that they don't apply? If the 
Article 29 opinion is determinative, do we also canvas other parts of the world 
or other international agreements such as APEC, or is the conflict point made 
sufficiently?
4) Should we look at issues related to third party data handlers and service 
providers?
5) Along with #3, can we analyze the effectiveness of laws and regulations? The 
EU Safe Harbor law, again a focus of the NCUC materials, is a case in point. As 
an alumnus of the US agency that ostensibly has the power to enforce it, I have 
a background and definite opinions on its value.

FYI, I heard back from Dan Halloran in the GC's office. He did not know if the 
Whois conflict mechanism has been used but promised to forward my questions to 
the appropriate folks who work with registrars and registries. I haven't had 
responses to inquiries about the puntCAT RSEP.

Talk to you at 4.

Don