Dear WG members, Please find below a brief report from the co-conveners of Sub Team 4 (since we did not get to that agenda item today) as well as a list of notes, action items and specific discussion points that were either made on the WG call earlier today or that we did not manage to get to. It will be greatly appreciated if you can send your thoughts and comments on any of the points below to this mailing list as soon as you can. Staff will endeavor to update and circulate a new version of Annex E by the end of this week. Thank you! (A) Report from Sub Team 4: The Subteam met on Friday as planned and discussed next steps. 2. We received the last of the reviewed comment summaries yesterday and are incorporating them into the list. We will recirculate the updated template list shortly. 3. Once the final list is circulated, there will be a final chance for the WG to indicate that particular comments have already been addressed by other Subteams. 4. We have a good second draft of our summary complete and we continue our work on refining it. We expect to have our summary for the WG meeting next Tuesday. (B) Notes, Action Items and Additional Discussion Points on Annex E: Proposed Text Changes: * Section I.B(iii) - On the question of whether providers can charge a nominal cost-recovery fee: the word ³standardized² will be deleted. * Section II.A(6)(b)(ii): On the reasons for requesters to use and retain information: either rephrase (i) and (ii) to be less ³legalistic² and self-referencing (to clarify what the objectives are), or delete (ii) entirely * Section III.B On the topic of ³secure communication channels²: concern about too-narrow a definition of ³secure², so either a workable definition is developed (James Gannon to provide a first draft) or (preferably in the view of some WG members) this be rephrased as a best practice Additional Discussion Items: * Section III.C(v) and (vi) - Any overlap that would merit merging, or keep ³as is²? * Annex 1 Both options have been retained; are there further comments/suggestions regarding this? * GENERALLY Do the Annex E framework requirements demonstrate ³verifiable evidence² that can justify disclosure? * Section I.D and GENERALLY Do the Respect our Privacy and Save Domain Privacy comments require re-examining a provider¹s flexibility to publish details or terminate for breach of terms of service? (Staff Note: this seems currently consistent with the WG¹s approach on other Preliminary Recommendations about what a provider must include in its terms of service, and what it must publish about those terms e.g. Preliminary Recommendations #6, #7, #8, #9) * Section III.D and GENERALLY Does the overall discussion about many commenters¹ belief that a court order should be obtained require the WG to re-examine its recommendation that ³disclosure cannot be refused solely for lack of . A court order²? Further Staff Note: * Section III.C(iv) - On whether it should be optional or mandatory for providers to offer the ability for a customer to give up its domain name registration in lieu of disclosure, please note that in another Preliminary Recommendation (#8) the WG does not recommend this as a mandatory requirement; the wording of Preliminary Recommendation #8 contemplates that some providers will while others will not offer this option. Cheers Mary Mary Wong Senior Policy Director Internet Corporation for Assigned Names & Numbers (ICANN) Telephone: +1 603 574 4889 Email: mary.wong@icann.org