In reviewing the draft Scope document, I looked once more at the Phrase "legitimate needs".

The sentence in the Bylaws reads: "The Board shall cause a periodic review to assess the effectiveness of the then current gTLD registry directory service and whether its implementation meets the legitimate needs of law enforcement, promoting consumer trust and safeguarding registrant data."

We have previously discussed whether this means the RDS implementation:
= meets the legitimate needs of law enforcement;
= promotes consumer trust; and
= safeguards registrant data.

OR

The RDS implementation:
= meets the legitimate needs of law enforcement;
= meets the legitimate needs of promoting consumer trust; and
= meets the legitimate needs of safeguarding registrant data.

The latter interpretation is what is in the draft scope.

I went back to the original Affirmation of Commitments to see what it said: "... ICANN will organize a review of WHOIS policy and its implementation to assess the extent to which WHOIS policy is effective and its implementation meets the legitimate needs of law enforcement and promotes consumer trust."

So I believe that the first interpretation is in fact the original one and if we revert to it, we do not need to worry about identifying what the legitimate needs of promoting consumer trust are (as opposed to the non-legitimate needs of promoting consumer trust).

Safeguarding user data was added during the transfer of the AoC into the Bylaws and I believe we can similarly not need to worry about legitimate safeguarding vs illegitimate safeguarding.

Alan