Re: [gnso-dow123] Proposed change #3
- To: "Jordyn A. Buchanan" <jordyn@xxxxxxxxxxxxx>
- Subject: Re: [gnso-dow123] Proposed change #3
- From: Ross Rader <ross@xxxxxxxxxx>
- Date: Wed, 31 Aug 2005 12:57:31 -0400
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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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