Re: [gnso-dataprotection-thickwhois] Issues for Today

[Alan Greenberg <alan.greenberg@xxxxxxxxx>]

Is this call on today?  No pone elese on Adobe except Gisella who has 
not yet answered my messages and on adigo "waiting for the 
subscriber" on code 3429.
Alan

At 20/02/2013 02:54 PM, Don Blumenthal wrote:

> 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