RE: [gnso-dow123] DRAFT redline of recommendation 2

["Milton Mueller" <Mueller@xxxxxxx>]

Tim:

ToR calls for: "3. Consider options for limiting the amount of data
made available for public access, if any."
A procedure to permit contractual exceptions that would permit removal
of data elements to conform to national law are one such option. 



Dr. Milton Mueller
Syracuse University School of Information Studies
http://www.digital-convergence.org
http://www.internetgovernance.org


>>> "Tim Ruiz" <tim@xxxxxxxxxxx> 4/26/2005 11:58:13 AM >>>
Let me reword my question:

Is the Task Force allowed to change/set the Terms of Reference? I
Still don't see where the TOR officially became resolving RAA conflicts
with
National privacy law, which is what this recommendation really
addresses.

Tim

-----Original Message-----
From: Milton Mueller [mailto:Mueller@xxxxxxx] 
Sent: Tuesday, April 26, 2005 10:49 AM
To: jordyn@xxxxxxxxxxxxx; tim@xxxxxxxxxxx; ross@xxxxxxxxxx 
Cc: vb@xxxxxxxxxxxxxx; gnso-dow123@xxxxxxxxxxxxxx 
Subject: RE: [gnso-dow123] DRAFT redline of recommendation 2

It doesn't address "conflicts with national law" in general, it
addresses conflicts with national PRIVACY law.

>>> "Tim Ruiz" <tim@xxxxxxxxxxx> 4/26/2005 11:46:22 AM >>>
Is the Task Force allowed to change/set the Terms of Reference? I
still
don't see where the TOR officially became resolving RAA conflicts with
national law, which is what this recommendation really addresses, not
privacy.

Tim


-----Original Message-----
From: owner-gnso-dow123@xxxxxxxxx [mailto:owner-gnso-dow123@xxxxxxxxx]

On
Behalf Of Jordyn A. Buchanan
Sent: Tuesday, April 26, 2005 9:56 AM
To: ross@xxxxxxxxxx 
Cc: Milton Mueller; vb@xxxxxxxxxxxxxx; gnso-dow123@xxxxxxxxxxxxxx 
Subject: Re: [gnso-dow123] DRAFT redline of recommendation 2

Ross:

> Where might one find this documentation. Any pointers would be 
> appreciated.
>
> ...also, I'd still like to hear why this approach was selected over
> other options and how this relates to the terms of reference for
this
> task force.

A good starting point for you might be the TF 2 report, which includes

discussion of national privacy laws and a fairly lengthy appendix 
comparing elements of those laws, along with the conclusion that "The 
Task Force belives that there is an ongoing risk of conflict between a

registrars or registries legal obligations under local privacy laws
and

their contractual obligations to ICANN."

To answer your questions, until Vittorio proposed differing contracts 
by country, I'm not aware of any other options being proposed to this 
particular problem.  I'm sure the task force could consider the merits

of such proposals if they were presented.

The relation to the terms of reference is that TF2 investigated 
national privacy laws as part of its work to determine what data 
elements to display, and the TF reached the conclusion that there was 
some potential for the existing requirements to cause conflict without

being certain of what the specific conflict might be given the broad 
range of jurisdictions, so this procedure was developed as a general 
mechanism for resolving such conflicts.

Jordyn