Re: [gnso-dow123] Proposed change #3

[Ross Rader <ross@xxxxxxxxxx>]

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Given that this is guidance for the staff, and tempered by ICANN's
mission, mandate and bylaws - we should stick to the original language
which provides for a level of confidentiality that would seem to suit
the broadest range of circumstances.

On 30/08/2005 5:16 PM Jordyn A. Buchanan noted that;
> 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.
> 
> 


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Regards,



                       -rwr








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