April 2012 - Rt4-whois - lists.icann.org

Preliminary report for your approval - 9 Nov
by Alice Jansen May 1, 2012

May 1, 2012

Dear Review Team Members, Please find attached the preliminary report of your teleconference held on 9 November. Kindly note that this will be discussed during your upcoming conference call. In the meantime, please feel free to email editing suggestions/requirements. Thanks, Very best regards Alice -- Alice Jansen Assistant, Organizational Reviews 6 Rond Point Schuman, Bt.5 B-1040 Brussels Belgium Direct dial: +32 2 234 78 64 Mobile: +32 4 73 31 76 56 Skype: alice_jansen_icann

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Compliance chapter - draft
by Emily Taylor April 30, 2012

April 30, 2012

Hi there As discussed on my call with Peter this morning, I attach a first draft of the new Chapter 4, complete with Findings and Recommendations. I'm copying to the entire list so that you all have the opportunity to comment as soon as possible. Please do read this. It's core to our report. I have no pride of authorship, please let me have your frank feedback. There are some tracked changes at the end but really the whole thing is pretty new, so just read it through. It's only 9 pages. Can I have your final edits please by the end of Monday. Kind regards Emily -- * * 76 Temple Road, Oxford OX4 2EZ UK t: +44 (0)1865 582 811 • m: +44 (0)7540 049 322 emily(a)emilytaylor.eu *www.etlaw.co.uk* Emily Taylor Consultancy Limited is a company registered in England and Wales No. 7630471. VAT No. 114487713.

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Agenda - call with ICANN Staff
by Alice Jansen April 30, 2012

April 30, 2012

Dear Review Team Members, As you know, your call with ICANN Staff is scheduled for Monday, 30 April at 22:00 UTC (time converter at: http://timeanddate.com/worldclock/fixedtime.html?msg=WHOIS+Policy+RT%3E%3CI…) Please find enclosed the draft agenda (also available at https://community.icann.org/display/whoisreviewprivate/Call+with+ICANN+Staf…) Thanks, Kind regards Alice 1. Roll-call & apologies 2. Adopt agenda 3. Discuss the RAA sections that pertain to the accuracy of WHOIS information and the registrar's and registrant's responsibilities i.e.: * 3.3.1 * 3.7.2 * 3.7.7.2 * 3.7.8 4. Discuss Compliance Team & decision-making * Does the "Head of the Contractual Compliance Team" make final decisions about compliance actions in all instances or do these need to be cleared with, or vetted by, someone else (e.g. the General Counsel)? * If so, is there a threshold and/or criteria for taking responsibility for a compliance decision outside of the compliance team? * Are these processes and reporting lines clear and documented? * What are the responsibilities and incentives of the ultimate decision makers (particularly if they are outside of the compliance team) – e.g. are their incentives and responsibilities clear and/or exclusively compliance focused? If not, why not? How are any conflicts of incentives/interests resolved? 5. A.O.B -- Alice Jansen Organizational Reviews Manager 6 Rond Point Schuman, Bt.5 B-1040 Brussels Belgium Direct dial: +32 2 234 78 64 Mobile: +32 4 73 31 76 56 Skype: alice_jansen_icann

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Re: [Rt4-whois] Executive version - latest version
by Emily Taylor April 30, 2012

April 30, 2012

Hi Seth Eeek. Not really. How about you limit the work, and just take in any public comments on the main body of the report (I think there are only a handful)? E On 30 April 2012 18:47, Seth M Reiss <seth.reiss(a)lex-ip.com> wrote: > No questions, but I did want to advise you of the status of my review and > edit. **** > > ** ** > > Due to workload from my practice, I was not able to begin my review until > today. I will need this week to get through it. Please let me know if > that will work for you and the team.**** > > ** ** > > Your patience is appreciated.**** > > ** ** > > Seth **** > > *From:* rt4-whois-bounces(a)icann.org [mailto:rt4-whois-bounces@icann.org] *On > Behalf Of *Emily Taylor > *Sent:* Sunday, April 29, 2012 10:43 PM > *To:* Alice Jansen > *Cc:* rt4-whois(a)icann.org > > *Subject:* Re: [Rt4-whois] Executive version - latest version**** > > ** ** > > Thanks Alice**** > > ** ** > > Please would you also make sure that the compliance chapter findings and > recommendations reflect the latest amendments, and that Seth has a copy of > the text of the compliance chapter for editing and integration into the > final report - it replaces the current chapter on compliance.**** > > ** ** > > Seth, if you have any questions, let me know.**** > > ** ** > > Kind regards**** > > ** ** > > Emily > > On Monday, April 30, 2012, Alice Jansen wrote:**** > > Dear Review Team Members,**** > > ** ** > > Please find attached the latest version of the executive summary (also > available at: > https://community.icann.org/display/whoisreviewprivate/Final+Report) which > includes:**** > > - Emily, Peter, Kathy, Bill's comments and edits;**** > - Data validation text.**** > > Please make sure to use this version should you have edits to insert or > comments to make.**** > > Thanks,**** > > ** ** > > Kind regards**** > > ** ** > > Alice**** > > -- **** > > *Alice Jansen***** > > Organizational Reviews Manager**** > > *6 Rond Point Schuman, Bt.5***** > > *B-1040 Brussels***** > > *Belgium***** > > Direct dial: +32 2 234 78 64**** > > Mobile: +32 4 73 31 76 56**** > > Skype: alice_jansen*_*icann**** > > ** ** > > ** ** > > > > -- > > > **** > > * > * > > 76 Temple Road, Oxford OX4 2EZ UK > t: +44 (0)1865 582 811 • m: +44 (0)7540 049 322 > emily(a)emilytaylor.eu > > *www.etlaw.co.uk* > > Emily Taylor Consultancy Limited is a company registered in England and > Wales No. 7630471. VAT No. 114487713.**** > > ** ** > -- * * 76 Temple Road, Oxford OX4 2EZ UK t: +44 (0)1865 582 811 • m: +44 (0)7540 049 322 emily(a)emilytaylor.eu *www.etlaw.co.uk* Emily Taylor Consultancy Limited is a company registered in England and Wales No. 7630471. VAT No. 114487713.

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Executive version - latest version
by Alice Jansen April 30, 2012

April 30, 2012

Dear Review Team Members, Please find attached the latest version of the executive summary (also available at: https://community.icann.org/display/whoisreviewprivate/Final+Report) which includes: * Emily, Peter, Kathy, Bill's comments and edits; * Data validation text. Please make sure to use this version should you have edits to insert or comments to make. Thanks, Kind regards Alice -- Alice Jansen Organizational Reviews Manager 6 Rond Point Schuman, Bt.5 B-1040 Brussels Belgium Direct dial: +32 2 234 78 64 Mobile: +32 4 73 31 76 56 Skype: alice_jansen_icann

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Executive summary, findings and recommendations - revised
by Emily Taylor April 30, 2012

April 30, 2012

Dear all Thank you Kathy for your work on combining our discussions, findings and recommendations into a single document along with the Executive Summary. I have gone through it all now, and attach a marked up draft, which I hope does the following: 1. I have marked as accepted all the text which I believe has been agreed by the team on our previous calls - that is the wording of findings and recommendations on strategic priority, data accuracy, most of the wording on privacy proxy (apart from last para), the common interface, and the new ones at the end on progress reporting. I may have got this wrong, and hope that others will review carefully. 2. I have marked up new text: - there were some sections of the old exec summary which I thought we could reintroduce since they make important points on (1) consensus building and (2) consumer trust. - The text on strategic priority which is new, recalls our agreement on the last call. This is basically Susan's text. Having reviewed the whole recommendation, it makes sense (I think) to pull out some duplicate ideas (on incentives), and also to put the reporting bit at the end. - I added a few words into Kathy's new text introducing Outreach (rec 3). I like Kathy's text and recommend that it is accepted. - Whole new section on Compliance. As reported on our last call, we've had an outline in circulation for some time, but only had the opportunity to discuss in our small team yesterday. This is our proposal, which is lifted from the larger chapter that was circulated yesterday. - I added the WDRP text (which was quite a popular draft recommendation!) into data accuracy recommendations. I recall from our discussions in Costa Rica that we agreed it was a bit out of place as the second recommendation, and that it fitted better as a sub-section on accuracy. Having put in that recommendation, I saw that we had no text in the findings to anchor it. Taking Kathy's approach, I found the paragraph in our original draft report (Compliance chapter - findings), which described the problem we perceive. - The paragraph on data validation (drafted by James, Lynn and me) is now at the end of the findings on data accuracy, as agreed on our last call. Otherwise, I recommend Kathy's changes are accepted (I've left them marked up so all can see and comment). Lastly, Kathy - you asked about "de-accreditation", and my recollection is that we noted James' draft and helpful explanations on this, and agreed that we didn't need to go further or add new text into the recommendations. Again, if I've misunderstood, please shout. All: Would be grateful for your input on this as soon as possible. Even if it's a short e-mail saying "I read it; I agree" ;-) Kind regards Emily -- * * 76 Temple Road, Oxford OX4 2EZ UK t: +44 (0)1865 582 811 • m: +44 (0)7540 049 322 emily(a)emilytaylor.eu *www.etlaw.co.uk* Emily Taylor Consultancy Limited is a company registered in England and Wales No. 7630471. VAT No. 114487713.

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USE THIS VERSION: Compliance chapter - latest version
by Alice Jansen April 30, 2012

April 30, 2012

oK – thanks, Emily :-). Review Team Members, please use this version for your comments and edits. Thanks, Kind regards Alice From: Emily Taylor <emily(a)emilytaylor.eu<mailto:emily@emilytaylor.eu>> To: Alice Jansen <alice.jansen(a)icann.org<mailto:alice.jansen@icann.org>> Subject: Fwd: Compliance chapter - latest version This this does it. E ---------- Forwarded message ---------- From: Emily Taylor <emily(a)emilytaylor.eu<mailto:emily@emilytaylor.eu>> Date: 30 April 2012 14:20 Subject: Re: Compliance chapter - latest version To: Alice Jansen <alice.jansen(a)icann.org<mailto:alice.jansen@icann.org>> Cc: Seth M Reiss <seth.reiss(a)lex-ip.com<mailto:seth.reiss@lex-ip.com>>, "rt4-whois(a)icann.org<mailto:rt4-whois@icann.org>" <rt4-whois(a)icann.org<mailto:rt4-whois@icann.org>>, "m.yakushev(a)mail.ru<mailto:m.yakushev@mail.ru>" <m.yakushev(a)mail.ru<mailto:m.yakushev@mail.ru>> Sorry Alice My fault - I thin k that the extra recommendation 1 and 2 (page 10) right at the end is legacy text, now amended and replicated above. E On 30 April 2012 14:16, Alice Jansen <alice.jansen(a)icann.org<mailto:alice.jansen@icann.org>> wrote: Dear Review Team Members, The compliance has been updated following Emily's request. You will find attached as well as on the private wiki at: https://community.icann.org/display/whoisreviewprivate/Final+Report Please be kindly reminded to submit any edits/comments you may have by today, end of your business day. Thanks, Kind regards Alice From: Emily Taylor <emily(a)emilytaylor.eu<mailto:emily@emilytaylor.eu>> To: Alice Jansen <alice.jansen(a)icann.org<mailto:alice.jansen@icann.org>> Cc: "rt4-whois(a)icann.org<mailto:rt4-whois@icann.org>" <rt4-whois(a)icann.org<mailto:rt4-whois@icann.org>> Subject: Re: [Rt4-whois] Executive version - latest version Thanks Alice Please would you also make sure that the compliance chapter findings and recommendations reflect the latest amendments, and that Seth has a copy of the text of the compliance chapter for editing and integration into the final report - it replaces the current chapter on compliance. Seth, if you have any questions, let me know. Kind regards Emily -- [http://www.etlaw.co.uk/images/stories/etlaw/etclogo250x60.gif] 76 Temple Road, Oxford OX4 2EZ UK t: +44 (0)1865 582 811<tel:%2B44%20%280%291865%20582%20811> • m: +44 (0)7540 049 322<tel:%2B44%20%280%297540%20049%20322> emily(a)emilytaylor.eu<mailto:emily@emilytaylor.eu> www.etlaw.co.uk<http://www.etlaw.co.uk> Emily Taylor Consultancy Limited is a company registered in England and Wales No. 7630471. VAT No. 114487713. -- [http://www.etlaw.co.uk/images/stories/etlaw/etclogo250x60.gif] 76 Temple Road, Oxford OX4 2EZ UK t: +44 (0)1865 582 811 • m: +44 (0)7540 049 322 emily(a)emilytaylor.eu<mailto:emily@emilytaylor.eu> www.etlaw.co.uk<http://www.etlaw.co.uk> Emily Taylor Consultancy Limited is a company registered in England and Wales No. 7630471. VAT No. 114487713.

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Rotation of Calls - resume?
by Kathy Kleiman April 30, 2012

April 30, 2012

Hi All, Tx you for an excellent call this evening. Alice will circulate notes tomorrow, but quick summary is that the subteams continue their work on findings and recommendations, with the guidance of the Team (and we discussed each of the major sections this evening). We'll all report back to the full Team before the call next Wednesday. Alice tried to come on the call at the end to raise an additional question, and I did not hear her (sorry!) Here's her question: *Do we want to resume call rotations? *It is the way we established in the past to be fair. With our weekly calls now in full swing, should we start it again? Tx for your thoughts, Kathy --

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FW: Recommendation 3 - Strategic Priority - consolidated draft [SEC=UNCLASSIFIED]
by Nettlefold, Peter April 29, 2012

April 29, 2012

Hello all, Thanks again to Susan and everyone else who contributed to these findings and recommendations, which I fully support. I spotted a couple of minor typos, and have made a couple of minor edits to coordinate/cross-reference with the compliance findings and recommendations that have also been circulated for comment. I hope this helps. Cheers, Peter From: rt4-whois-bounces(a)icann.org [mailto:rt4-whois-bounces@icann.org] On Behalf Of Alice Jansen Sent: Friday, 27 April 2012 4:50 PM To: rt4-whois(a)icann.org Subject: [Rt4-whois] Recommendation 3 - Strategic Priority - consolidated draft Dear Review Team Members, Please find attached the clean and consolidated version of the recommendation 3 - Strategic Priority - draft. This is also available at: https://community.icann.org/display/whoisreviewprivate/Final+Report Thanks, Kind regards Alice -- Alice Jansen Organizational Reviews Manager 6 Rond Point Schuman, Bt.5 B-1040 Brussels Belgium Direct dial: +32 2 234 78 64 Mobile: +32 4 73 31 76 56 Skype: alice_jansen_icann ------------------------------------------------------------------------------- NOTICE: This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. This message has been content scanned by the Axway MailGate. MailGate uses policy enforcement to scan for known viruses, spam, undesirable content and malicious code. For more information on Axway products please visit www.axway.com. -------------------------------------------------------------------------------

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action items list - updated
by Alice Jansen April 28, 2012

April 28, 2012

Dear Review Team Members, Please find enclosed the most recent version of your action items list (also available at: https://community.icann.org/display/whoisreview/Action+Items+-+Spring+2012) Subcategories have been added for your convenience. Thanks, Kind regards Alice Action Items - Spring 2012 Data Accuracy SIGNED OFF [https://community.icann.org/images/icons/emoticons/smile.gif] * Review and submit language of recs 5-9 (Data Accuracy) - Susan [https://community.icann.org/images/icons/emoticons/check.gif] * Susan to circulate findings (3/4 paragraphs), agreed recommendations and add wordings (+ define the substantial/full failure terms) * Susan and James to add footnotes references * Susan to delete recommendation 7 and to move it to overarching recommendation 21 (20 with renumbering), to circulate draft to Team for comments - by 25 April[https://community.icann.org/images/icons/emoticons/check.gif] * Note: timeline discussion now component of this discussion[https://community.icann.org/images/icons/emoticons/check.gif] * Alice to clean the document[https://community.icann.org/images/icons/emoticons/check.gif] Proxy/Privacy Recommendations * Propose alternative language for Proxy and Privacy recommendations - James + Susan + Peter + Seth + Lynn ; [https://community.icann.org/images/icons/emoticons/check.gif] * Subteam to review comments submitted and to circulate a draft - by 25 April[https://community.icann.org/images/icons/emoticons/check.gif] * Peter to submit comments in writing - by 19 April [https://community.icann.org/images/icons/emoticons/check.gif] * Kathy to circulate language to transcribe discussion held during call - by 19 April[https://community.icann.org/images/icons/emoticons/check.gif] * Subteam to comment and finalize - by 24 April[https://community.icann.org/images/icons/emoticons/check.gif] * Subteam to go back to transcripts (Dakar) regarding rights/responsibilities discussions * Alice to circulate clean version[https://community.icann.org/images/icons/emoticons/check.gif] * Peter to propose new language for contentious paragraph * Review Team Members to submit comments on clean version Recommendation 3 - Strategic Priority * Hold the pen on rec. 3 strategic priority -- Emily ; [https://community.icann.org/images/icons/emoticons/check.gif] * Emily to integrate comments received by next call (note: overlap with Compliance Subteam)[https://community.icann.org/images/icons/emoticons/check.gif] * Susan to put forward some language on senior position - by 25 April [https://community.icann.org/images/icons/emoticons/check.gif] * Alice to merge the two assignments, to circulate to Emily and Kathy for final approval and then submit to list for comments[https://community.icann.org/images/icons/emoticons/check.gif] * Review Team Members to provide comments on consolidated draft Deaccreditation CLOSED - NO ACTION NEEDED * Find text on accreditation-- Kathy ; + Hierarchy of enforcement - James [https://community.icann.org/images/icons/emoticons/check.gif] * James to circulate language (incentives><penalties) * Kathy to finalize and circulate Recommendation 17 - Data Access/Common Interface SIGNED OFF [https://community.icann.org/images/icons/emoticons/smile.gif] * Work on language of rec. 17 Emily; [https://community.icann.org/images/icons/emoticons/check.gif] AGREEMENT REACHED * Kathy to circulate iterations - if substantive, back on action items list by 25 April[https://community.icann.org/images/icons/emoticons/check.gif] * Alice to tidy-up track changes[https://community.icann.org/images/icons/emoticons/check.gif] IDN Recommendations * Review language of recs. on IDNs -- Sarmad + Kathy + Wilfried + Michael * IDN subteam to hold a call with Steve Sheng (Staff to schedule it [https://community.icann.org/images/icons/emoticons/check.gif] ) * Subteam to share language Compliance Recommendations * Strengthen compliance recommendations and add justification to proposal - Peter + Emily + Bill** Team to take on discussion about recommendation 3 - Strategic priority * Alice to organize a subteam call [https://community.icann.org/images/icons/emoticons/check.gif] * Denise provide the material requested by Emily(budget information etc) * Emily to draft up the chapter after the subteam call[https://community.icann.org/images/icons/emoticons/check.gif] * Review Team Members to provide comments by Monday, 30 April Chapters & Report * Review your chapters and send redline to Seth + Omar + Alice * Review body of text in light of comments and integrate changes suggested/required by Members-- Seth + Omar * Seth to edit report in light of public comment received. * Alice to email Seth doc versions of summary of comments and draft report[https://community.icann.org/images/icons/emoticons/check.gif] Data Validation * Data Validation: James and Peter to draft language by next call + to determine where this fits in the report[https://community.icann.org/images/icons/emoticons/check.gif] * To be added between findings and recommendations Executive Summary * Kathy to dive into the executive summary and to propose minor edits[https://community.icann.org/images/icons/emoticons/check.gif] * Alice to accept track changes for agreed recommendations, to insert (+mark-up) the findings and recommendations from new compliance chapter and to add comment regarding WDRP recommendation --> Emily in V2[https://community.icann.org/images/icons/emoticons/check.gif] * Review Team to submit comments Comments * Review comments submitted to the Team and Denise's recommendation tracking document [https://community.icann.org/images/icons/emoticons/check.gif] * Review Team Members to respond to Staff's comments for Community's information Call with ICANN Staff * Circulate discussion points by Friday, 7 April - 17:00 UTC[https://community.icann.org/images/icons/emoticons/check.gif] Timeline NO ACTION REQUIRED * Draft some language on timeframes and implementation paths in light of the AoC - Susan + Lynn [https://community.icann.org/images/icons/emoticons/check.gif] AGREEMENT * Susan to add agreed language to data accuracy recommendation[https://community.icann.org/images/icons/emoticons/check.gif] * Emily to make a decision on timeline of final report[https://community.icann.org/images/icons/emoticons/check.gif] Administrative * Revive call schedule (calls to take place on Wednesdays once a week; first call to take place on Wed, 28 March) – Alice [https://community.icann.org/images/icons/emoticons/check.gif] * Denise to circulate draft advisory 2010 and material (recording, notes etc) of Cartagena discussion on this subject matter [https://community.icann.org/images/icons/emoticons/check.gif] -- Alice Jansen Organizational Reviews Manager 6 Rond Point Schuman, Bt.5 B-1040 Brussels Belgium Direct dial: +32 2 234 78 64 Mobile: +32 4 73 31 76 56 Skype: alice_jansen_icann

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