RE: [gnso-dow123] REMINDER: suggested revisions for recommendation #2

["Steven J. Metalitz IIPA" <metalitz@xxxxxxxx>]

I have no problem with Tim's suggested changes.  I could support them a
bit more enthusiastically if I thought that adopting his changes would
make his consitituency more likely to support the proposal!  
 
I don't think that we are really creating a precedent to initiate a PDP
whenever a conflict arises with local law.  In fact, if a procedure were
in place to address such conflicts regarding Whois (which is all the
proposal now requires), then it seem less likely that a PDP would be
needed, since the existing procedure could simply be adapted for the
non-Whois case.  
 
Steve  
 
 

________________________________

From: owner-gnso-dow123@xxxxxxxxx [mailto:owner-gnso-dow123@xxxxxxxxx]
On Behalf Of Tim Ruiz
Sent: Friday, June 17, 2005 7:53 AM
To: Whois TF mailing list; Jordyn A. Buchanan
Subject: RE: [gnso-dow123] REMINDER: suggested revisions for
recommendation #2


I should clarify our position as a registrar, that we do not support any
recommendaton on this topic at all. As has been pointed out to the TF
before, secton 3.7.2 of the RAA already covers this: "Registrar shall
abide by applicable laws and governmental regulations."
 
Any registrar is capable of contacting ICANN to open a dialogue when a
conflict exists. Whois is just one area where that could occur. We don't
believe a precedent should be set where PDPs get started on every area
or situation where such conflicts might occur. That is not practical nor
achievable.

My recommendations on b. and c. below are made out of concern that this
recommendation might become policy, and in such case we would like it to
do as little harm as possible.
 
Tim
 


        -------- Original Message --------
        Subject: RE: [gnso-dow123] REMINDER:  suggested revisions for
        recommendation #2
        From: "Tim Ruiz" <tim@xxxxxxxxxxx>
        Date: Fri, June 17, 2005 6:31 am
        To: "Jordyn A. Buchanan" <jordyn@xxxxxxxxxxxxx>
        Cc: "Whois TF mailing list" <gnso-dow123@xxxxxxxxxxxxxx>
        
        
        I suggest the following revisions of b. and c. of the policy
portion:
         
        b.  Resolving the conflict if possible, doing so in a manner
conducive to 
        ICANN's Mission, applicable Core Values, and the stability and
uniformity of 
        the Whois system;
        
        c.  Providing a mechanism for the consideration, in appropriate

        circumstances where the conflict cannot be otherwise resolved,
of an  
        exception to contractual obligations with regard to collection,

        display and distribution of personally identifiable data via
Whois; and
        
        Article I Section 2. of ICANN's bylaws states in part:
        Any ICANN body making a recommendation or decision shall
exercise its judgment to determine which core values are most relevant
and how they apply to the specific circumstances of the case at hand,
and to determine, if necessary, an appropriate and defensible balance
among competing values.
         
        Since this recommendation does not address this in specifics I
think it is important that b. be revised to at least recognize this
requirement. Also, it wasn't completely clear what the phrase *if
possible* referred to. 
         
        Part c. as written could be taken to mean that ICANN *must* make
an exception where a conflict cannot otherwise be resolved. That
conflicts with part d., and I don't believe any of us on this TF have
the foresight to see all possible situations where this policy may come
into play. This can easily be clarified by changing *recognition* to
*consideration.*
         
        Tim
        
        


                -------- Original Message --------
                Subject: [gnso-dow123] REMINDER:  suggested revisions
for
                recommendation #2
                From: "Jordyn A. Buchanan" <jordyn@xxxxxxxxxxxxx>
                Date: Thu, June 16, 2005 2:45 pm
                To: "Whois TF mailing list" <gnso-dow123@xxxxxxxxxxxxxx>
                
                Fellow Task Force Members: 

                Please take the opportunity to review the attached
recommendation and procedure for resolving conflicts with national laws.
If you have suggested revisions, please submit them as soon as possible
(today ideally, but in any case no later than tomorrow) so that the
other members of the task force has an opportunity to consider them
prior to sending the recommendation to constituencies for their
consideration and comment.

                Jordyn