Thanks Kathy. One minor formatting suggestion: I think the spectrum that we outline on page 5 (Categories 1-4) is useful, because not all of these comments are advocating for the same thing. Yet the quotes that we've added from the comments are all included under Category 2, which is somewhat confusing. I would suggest that we move: * The quotes from the comments from Google, Endurance International Group, and Jeff Wheelhouse to the paragraph on Category 3. * The quotes from the comments from ICA and Easy DNS to the paragraph on Category 4. Also, I saw that you added quotes from the comments from ISPCPC, Blacknight, and the Association for Progressive Communications, even though those weren't in our initial summary and don't specifically mention Annex E. My thoughts on each: * Here's the full ISPCPC quote, from a section titled "Regarding LEA definitions & differentiations": "While we respect the desire to utilize the official ICANN definition of Law Enforcement Agent (LEA), we acknowledge that intellectual property rights holders and private anti abuse organizations should be treated as complainants and not indisputably wronged parties, and accordingly an independent adjudicator should determine the merits of their claim before rights that users would otherwise have are abrogated by reason of those lawyers' claims." To be honest, I'm not really sure what to make of that (especially given that it is included under a heading about LEA definitions). But I'm not sure that we can assume that it means disclosure only following a court order. Why would Annex E as currently drafted not satisfy the standard of "an independent adjudicator should determine the merits of their claim"? * I also don't understand why we would think that the Blacknight quote is incompatible with Annex E. All it says is that "any policy that would require us to divulge our client's information in the absence of either a request from law enforcement, Irish consumer protection agencies or a court order with jurisdiction over us is incompatible with Irish law." But Annex E as currently drafted doesn't require Blacknight to divulge its client's information. Rather, it gives Blacknight the discretion to make that decision; all it requires is that Blacknight provide the complainant with its reasoning if it chooses to refuse. * I don't understand why we'd include a quote from the APC comment in this section, given that it does not mention Annex E, and that it expressly endorsed the NCSG comment (see: http://forum.icann.org/lists/comments-ppsai-initial-05may15/pdfwOfjgYV0i9.pd...), which we analyze in the previous section that supports the premise of Annex E. From: gnso-ppsai3-bounces@icann.org [mailto:gnso-ppsai3-bounces@icann.org] On Behalf Of Kathy Kleiman Sent: Wednesday, August 26, 2015 5:17 PM To: gnso-ppsai3@icann.org Subject: Re: [Gnso-ppsai3] Revised Subteam 3 Summary with Overview Hi All, Tx to Darcy for the Overview work. I've taken her draft and added to it my work on Section III as promised on the last call. I added more quotes from commenters seeking court orders and the use of existing legal due process mechanisms prior to disclosure of proxied data. There was a wide array of comments on this issue, including from ISPs, individuals, organizations, and companies. I used Darcy's version as the base. Both her edits (Overview) and my edits (Section III) are shown in "track changes." Best, Kathy : Hi, all! In follow up to our call earlier this week, attached is an updated Sub-team 3 analysis draft with the overview added at the beginning. I redlined my changes so you can clearly see what I've done. I hope you find that I present a clear and accurate overview. I also made some minor revisions to Section V ("Comments that did not fit neatly into any of the above categories") that I realized after submitting my original draft of that section made a bit more sense. Again, I've redlined the changes so you can easily see what changed. Please let me know if there are any questions. Thanks, Darcy _______________________________________________ Gnso-ppsai3 mailing list Gnso-ppsai3@icann.org<mailto:Gnso-ppsai3@icann.org> https://mm.icann.org/mailman/listinfo/gnso-ppsai3