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

["Tim Ruiz" <tim@xxxxxxxxxxx>]

Kathy,

 

My requested changes are:

 

Revised b.: 

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;



Reason:

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. 

 

Revised c.:
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

 

Reason:

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-----
From: KathrynKL@xxxxxxx [mailto:KathrynKL@xxxxxxx] 
Sent: Monday, June 20, 2005 2:07 PM
To: marilynscade@xxxxxxxxxxx; maria.farrell@xxxxxxxxx; jordyn@xxxxxxxxxxxxx;
metalitz@xxxxxxxx
Cc: tim@xxxxxxxxxxx; gnso-dow123@xxxxxxxxxxxxxx
Subject: Re: [gnso-dow123] REMINDER: suggested revisions for recommendation
#2

 

I agree with Marilyn.  I think it would be helpful if someone would
circulate a redline version -- showing the original and the edits.

Tim, what impact do you feel your changes make on the original? 

Thanks, Kathy




Have you taken the edits received and prepared a final version and
circulated it from you and the chair? Did I miss that circulation? 

I only saw edits from Tim, but was expecting then a final version to be
circulated for last minute agreement by the TF. Again, if I missed that
stage of the work, my apologies. 

I'm still not clear on what the constiutencies will be seeing and we should
all be clear on that.