Dear Alan, Noting that the Mission and Scope of the Charter says, "The PDP Working Group is tasked to provide the GNSO Council with a policy recommendation regarding the use of ‘thick’ Whois by all gTLD Registries, both existing and future....." aside from the issues raised within the Mission and Scope which in fact have already identified some of the considerations such as privacy and data protection across borders. I can see where Avri is coming from in raising the Freedom of Expression and Freedom of Association as an attempt to ensure that all bases are covered and at the same time, I see where you are coming from in terms of delaying the process. The mere use of "existing and future" describes that there is a need to factor in key considerations that would impact on the use. It makes perfect sense therefore, that prior to the Thick Whois Charter PDP, that the recommendations made by the SSAC on the Whois matter be adopted. Otherwise, ICANN could be faced with multiple lawsuits. This matter is fundamental in my view to the security and stability of ICANN based on foreseeable risks on the horizon. To mitigate these risks, it would seem that the prudent thing to do would be to agree first on the use of the data have that be accepted by the global community before proceeding with a solution. What ICANN is beginning to discover is that whilst consensus may be achieved within its community, there are those that allege see, http://domainincite.com/docs/Name.Space%20Complaint%2010.1012.pdf that ICANN behaves in a certain fashion. In light of clear rationale provided by the SSAC on their view of the Whois Final Review, this could also be used against ICANN if aggrieved parties wish to follow the path of what is just beginning. Fundamental to protecting ICANN and the interests of the end users is to ensure that threats against the stability of . the organisation is preserved. The reality, is that ICANN's Financial well is not bottomless, there is a limit that it can take before it is vulnerable and has to be shut down or bailed out. It follows that the advice that the ALAC gives has to take into consideration managing these risks. We have to see both the micro and macro impact and the SSAC has recommended. Kind Regards, Sala On Sun, Oct 14, 2012 at 8:49 AM, Rinalia Abdul Rahim < rinalia.abdulrahim@gmail.com> wrote:

Agree with Alan++.

On Sun, Oct 14, 2012 at 3:34 AM, Alan Greenberg <alan.greenberg@mcgill.ca

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wrote:

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If anyone else either agrees with Evan/Holly that we should object to it, or believes that we should support the change, please speak up. I will delay responding to the DT until I have a better sampling of replies.

Alan

At 13/10/2012 02:21 PM, Evan Leibovitch wrote:

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I fully agree with Alan's stance on this.

As Holly said, it adds nothing and is only an invitation to sidetrack the necessary debate.

- Evan

On 13 October 2012 13:34, Alan Greenberg <alan.greenberg@mcgill.ca> wrote:

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The proposed charter for the Think Whois PDP was tentatively finalized on a meeting last week, but has now been re-opened following a discussion between Avri and Mikey. The proposed change is below, essentially adding "Freedom of Expression and Freedom of Association" to the issues to be reviewed during a PDP.

My personal position is that although "other rights" still need to be addressed by any PDP under the new PDP rules, including these two in the Charter is adding one more distraction to the core issue and will only serve to elongate the process.

It would be useful to be able to make a statement on behalf of the ALAC, even if it only an informal pole and not a formal ALAC position.

The current proposed charter can be found at: http://gnso.icann.org/en/issues/thick-whois-charter-08oct12-en.pdf

Alan

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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?

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