Re: [gnso-thickwhois-dt] a modest amendment to our charter point on "privacy and data protection"

[Avri Doria <avri@xxxxxxx>]

Hi,

I must say that I fund it terribly depressing and sad that we are rushing to 
try an impose new violations on people rights, beyond what we are currently 
doing with privacy rights in Europe,  without even being wiling to discuss the 
impact Whois and especially thick Whois has on people's rights.  This is 
something which i predict will give ICANN yet another black eye in the world's 
press.  Our consistent fear and avoidance of any consideration of human rights 
does not serve us well and will hurt ICANN in the end.

And at this point we will not be able to claim that we violate rights 
accidentally, because we are refusing to even countenance an attempt to 
understand the harm we do.

avri

On 13 Oct 2012, at 17:25, Carlton Samuels wrote:

> I say no.
> 
> Friendly as it seems, it takes us into the weeds, arguing definitions, 
> authorities and such.
> 
> We need to keep our eyes on the ball here and not add stuff that will only 
> make the work more controversial.  
> - Carlton
> 
> 
> 
> ==============================
> Carlton A Samuels
> Mobile: 876-818-1799
> Strategy, Planning, Governance, Assessment & Turnaround
> =============================
> 
> 
> On Sat, Oct 13, 2012 at 10:32 AM, Mike O'Connor <mike@xxxxxxxxxx> wrote:
> hi all,
> 
> Avri wasn't able to make the last-minute-Monday call to hammer on this last 
> remaining issue.  she and i visited a bit about this yesterday and came up 
> with the following amendment to one of our bullets.
> 
> i view this as a friendly amendment in that is does a better job of defining 
> the "container" for the "rights" discussion in our charter.  yes, it's a bit 
> broader, but i don't think it's *that* much broader and it does a good job of 
> clarifying the issue i was trying to push us through too quickly on the last 
> "normal" call.
> 
> sorry about the late-breaking news.  i'd be really interested to hear from 
> people who have a violent reaction.  as i said, i think this a modest and 
> helpful clarification of the charter topic.
> 
> mikey
> 
> 
> Current language:
> 
> Impact on privacy and data protection: how would ‘thick’ Whois affect privacy 
> and data protection, also taking into account the involvement of different 
> jurisdictions with different laws and legislation with regard to data privacy 
> as well as possible cross border transfers of registrant data?
> 
> 
> Proposed language:
> 
> Impact on rights: how would ‘thick’ Whois affect rights such as Privacy, 
> Freedom of Expression and Freedom of Association as well as adherence to data 
> protection regulations,  taking into account the involvement of different 
> jurisdictions with different laws and legislation with regard to data privacy 
> as well as possible cross border transfers of registrant data?
> 
> 
> 
> PHONE: 651-647-6109, FAX: 866-280-2356, WEB: www.haven2.com, HANDLE: 
> OConnorStP (ID for Twitter, Facebook, LinkedIn, etc.)
> 
>