Re: [gnso-dow123] Attached! Preliminary tf Report Purpose Whois and Whois contacts with public comments added

[Ross Rader <ross@xxxxxxxxxx>]

I am unclear what David and Anthony are objecting to. Section 5.3 
clearly outlines the comments made by those supporting Formulation #2 in 
a clear, concise and objective manner. Section 5.1 is a staff analysis 
of the comments, and I think it was completely appropriate for them to 
comment on the similarity and differences of the submissions made by 
those in the "copyright industry" and also to point out that there were 
indications of an organized lobby behind the volume of "objections" from 
rights-holder organizations. Note well that these remarks did not 
implicate everyone who commented in favor of formulation #2, but only 
those that appeared to have filled out form letters.

From my perspective, there certainly is diversity in the support for 
Formulation #2, and also some striking similarities as well. In this 
respect, I think the staff was charitable in giving such substantial 
play to the continued (and somewhat tired) objections of those that use 
the gTLD Whois system for legal investigations at the expense of the 
data subjects.

Unfortunately, neither Tony nor David have given us much to move our 
work forward with - a blanket objection isn't all that productive when 
it isn't accompanied by a substantive proposal.

Here's my proposal - let's leave the report as is, move this to Council 
as quickly as possible and proceed with the rest of our work. I'm 
strongly hoping that we can close the work of this task force this year.

-r

Anthony Harris wrote:
> Maria and colleagues,
>  
> I agree entirely with David's comments. The responses
> supporting formulation 2 come from a wide spectrum of
> companies and organizations, and the report neglects
> to adequately reflect the significance of the
> companies/entities which responded, and the
> volume of their Internet-related activity!
>  
> Tony Harris
>
>     ----- Original Message -----
>     *From:* Fares, David <mailto:DFares@xxxxxxxxxxxx>
>     *To:* 'GNSO.SECRETARIAT@xxxxxxxxxxxxxx'
>     <mailto:'GNSO.SECRETARIAT@xxxxxxxxxxxxxx'> ;
>     'gnso-dow123@xxxxxxxxxxxxxx' <mailto:'gnso-dow123@xxxxxxxxxxxxxx'>
>     *Sent:* Monday, March 06, 2006 4:37 PM
>     *Subject:* RE: [gnso-dow123] Attached! Preliminary tf Report Purpose
>     Whois and Whois contacts with public comments added
>
>     Maria and colleagues,
>
>     Thanks to Maria for preparing the draft report.  Unfortunately, I
>     have a conflict and will not be on the Task Force call tomorrow so I
>     wanted to provide my first reactions to the draft report.  I am
>     surprised by the very negative portrayal of the public comment
>     responses in support of formulation 2 and think it is wholly
>     inappropriate.  The responses reflect the views of the organizations
>     that submitted them and that is the only relevant point.  The
>     secretariat should not attempt to undermine those responses. 
>     Moreover, the draft report fails to recognize the diversity of
>     respondents in-favor of formulation 2 which includes content
>     providers, trademark owners (from many different sectors),
>     anti-piracy organizations, a registrar, an online retailer, a
>     financial institution, ISPs, a portal, a hotel, an information
>     services company and an NGO -- the Red Cross.  Finally, I think that
>     it is important to note that many of the organizations that
>     submitted comments indicated multiple uses of the Whois database.
>
>     With the above in mind, I think it is essential that the portrayal
>     of the responses be factual and neutral.
>
>     Again, apologies for missing tomorrow's call.
>
>     Best regards,
>     David
>
>     -----Original Message-----
>     From: owner-gnso-dow123@xxxxxxxxx
>     [mailto:owner-gnso-dow123@xxxxxxxxx] On Behalf Of
>     GNSO.SECRETARIAT@xxxxxxxxxxxxxx
>     Sent: Monday, March 06, 2006 9:28 AM
>     To: gnso-dow123@xxxxxxxxxxxxxx
>     Subject: [gnso-dow123] Attached! Preliminary tf Report Purpose Whois
>     and Whois contacts with public comments added
>
>     [gnso-dow123[at]gnso.icann.org]
>
>     Dear All,
>
>     The report is attached this time!
>     Sorry!
>
>     Ahead of the Whois task force call tomorrow, 7 March 2006, at 9:30 EST?
>     Maria has asked me to forward the Preliminary task force report on the
>     Purpose of Whois and Whois contacts with "Section 5, Public comments
>     report" that has been added.
>
>     Forgive the numbering, it was difficult to change it on the original.
>     Maria will fix this up when she is back.
>
>     Let me know if you did not receive the call number.
>     Thank you.
>
>     Kind regards,
>     Glen
>     -- 
>     Glen de Saint Géry
>     GNSO Secretariat - ICANN
>     gnso.secretariat[at]gnso.icann.org
>     http://gnso.icann.org
>
>     ------------------------------------------------------------------------
>
>     *This message and its attachments may contain legally privileged or
>     confidential information. It is intended solely for the named
>     addressee. If you are not the addressee indicated in this message (or
>     responsible for delivery of the message to the addressee), you may not
>     copy or deliver this message or its attachments to anyone. Rather, you
>     should permanently delete this message and its attachments and kindly
>     notify the sender by reply e-mail. Any content of this message and its
>     attachments that does not relate to the official business of News
>     America Incorporated or its subsidiaries must be taken not to have been
>     sent or endorsed by any of them. No representation is made that this
>     email or its attachments are without defect. *