RE: [Fwd: Re: [gnso-dow123] Note to council on Notice recommendation]

["Mansourkia, Magnolia (Maggie)" <maggie.mansourkia@xxxxxxx>]

Ross-
I was not able to be on this call, so it's hard for me to "forget"
something I was not aware of, even after reading the minutes.  However,
I'll accept your statement as fact.  Let us also remember that a waiver,
in the context of contractual rights, has very specific legal meanings
and consequences.  

I think, in deference to the different kinds of experts we have on the
task force, its inappropriate and incredibly unfair to hold a comment
made by my colleague as being the legal position of our constituency.  

Within the ISPCP, as I'm sure with other constituencies, we value and
enjoy the natural synergies that go along with having the expertise of
folks with technical, policy, legal and other backgrounds.  

If you need clarification regarding a position with legal consequences
on behalf the ISPCPs, please feel free to pose a question and we'll be
happy to respond. If you're comment is intended as an indication of a
hidden agenda or legal position of our constituency, let us be clear
that this is in fact inaccurate and unfounded. 

Thanks,
Maggie


-----Original Message-----
From: Ross Rader [mailto:ross@xxxxxxxxxx] 
Sent: Tuesday, August 16, 2005 9:30 AM
To: Mansourkia, Magnolia (Maggie)
Cc: gnso-dow123@xxxxxxxxxxxxxx; gnso.secretariat@xxxxxxxxxxxxxx
Subject: Re: [Fwd: Re: [gnso-dow123] Note to council on Notice
recommendation]

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Let's also not forget that the ISPCP explicitly referred to these
recommendations as a waiver during the call in question.



On 11/08/2005 1:02 PM Mansourkia, Magnolia (Maggie) noted that;
> Dear Colleagues-
> Before getting into the substance of the issue here, I have a
procedural
> problem.  Following the chain of emails, I have noticed a few
instances
> where people are referring to "agreements" made on Tuesday's call.  I
> would suggest that unless the full task force membership is on a call
> and truly "agrees" to a certain decision, it is inappropriate to
quickly
> move toward a position that is coming as a complete surprise to some
> members. I know that in the interest of time, decisions do get made on
> calls, and not everyone can always be present to participate.  That is
> fine. However, something as important as tabling or taking back a
> recommendation that has already been voted through in the task force,
> should require more than one call, should be noticed well in advance
so
> that all members have opportunity for input and should be fully
> explained because it is leaving at least one of us (me) completely
> baffled. 
> 
> Getting to what I believe the substantive issue is-
> I don't see how highlighting terms that are already in existence can
be
> a waiver.  If the issue is that registrants do not have opportunity to
> negotiate the terms, our recommendation does not negatively impact
that.
> I can't remember the last time I negotiated my credit card terms, my
> drivers' license terms or my ISP terms of use, for that matter.
> However, bringing increased attention to a particular provision has no
> impact on that.  
> 
> What it does impact would be a registrant's argument that he was not
> made aware of how his information would be used. Are we saying that it
> would be a good thing to keep such confusion and ambiguity in the
> agreements?   Are we saying that better clarity is equivalent to a
> waiver?  (if so, in what jurisdiction would that be??)  
> 
> My colleague, Greg Ruth, who was on the call indicated to me that task
> force members in favor of taking back the recommendation were invoking
> advice they'd received from legal experts.  I guess I need to hear
from
> such experts b/c I've read through all the discussion and still don't
> get it.  
> 
> To the extent that we are going back to Council to revise any
> recommendations that required a vote, it is the ISPCP position that
such
> revisions must receive the same discussion and full membership vote.  
> 
> Regards,
> Maggie
> 
> 
> -----Original Message-----
> From: owner-gnso-dow123@xxxxxxxxx [mailto:owner-gnso-dow123@xxxxxxxxx]
> On Behalf Of Milton Mueller
> Sent: Thursday, August 11, 2005 10:19 AM
> To: gnso-dow123@xxxxxxxxxxxxxx; gnso.secretariat@xxxxxxxxxxxxxx
> Subject: Re: [Fwd: Re: [gnso-dow123] Note to council on Notice
> recommendation]
> 
> NCUC originally supported the Notice Recommendation and we would
> absolutely support reconsideration. 
> 
> Forwarded from Steve Metalitz who is unable to post while on vacation.
> 
>>(2) Since the constituency Ross and Paul represent voted against the
>>recommendation origiinally, what is the basis for reconsideration?
>>Normally such a motion could only be brought by someone who had voted
>>yes originally
> 
> 
> 
> Dr. Milton Mueller
> Syracuse University School of Information Studies
> http://www.digital-convergence.org
> http://www.internetgovernance.org
> 
> 


- --
- --
Regards,



                       -rwr








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