[gnso-dow123] Proposed change #3

["Jordyn A. Buchanan" <jordyn@xxxxxxxxxxxxx>]

This is the second proposal that we discussed today.  This proposal  
is from the IPC.

I believe we were making some progress with the following draft,  
although I know that both the registries and NCUC still had some  
concerns.  The goal here seems to be to balance transparency on the  
one hand and the need for confidentiality, especially in the event of  
an ongoing investigation.  My reading of this paragraph is that it  
would allow for confidentiality if it were requested by a government  
agency, but maybe some further refinement is needed to make that clear?

The proposal would replace the last paragraph of step one as follows:

Depending on the specific circumstances of the Whois Proceeding, the  
Registrar/Registry may request that ICANN keep all correspondence  
between the parties confidential pending the outcome of the Whois  
Proceeding, although throughout the entire procedure (including later  
steps) confidentiality should only be granted in those circumstances  
where it is necessary, keeping in mind the It is recommended that  
ICANN respond favorably to such requests to the extent that they can  
be accommodated with other legal responsibilities and basic  
principles of transparency applicable to ICANN operations.