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Re: [gnso-dataprotection-thickwhois] Issues for Today
- To: Don Blumenthal <dblumenthal@xxxxxxx>,        "gnso-dataprotection-thickwhois@xxxxxxxxx"	<gnso-dataprotection-thickwhois@xxxxxxxxx>
 
- Subject: Re: [gnso-dataprotection-thickwhois] Issues for Today
 
- From: Alan Greenberg <alan.greenberg@xxxxxxxxx>
 
- Date: Wed, 20 Feb 2013 15:09:39 -0500
 
 
 
 Never mind!  Gisella just pointed out that although I had dialed in 
on the hour, it was the wrong hour!
At 20/02/2013 03:05 PM, Alan Greenberg wrote:
 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
 
  
 
 
 
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