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