Dear Kathy,

Thanks for this important input on "applicable laws". I agree it's a
small step - on a still obscure/undone path.

Omar


2011/6/1 Kathy Kleiman <kathy@kathykleiman.com>:

** Two quick notes: (1) I asked Liz Gasster to review the "Clarity of

existing policy" section, and she found I/we had left out something -- a

consensus procedure called " 'Handling WHOIS conflicts with Privacy Law'

(effective January 2008) which details how ICANN will respond to a situation

where a registrar or registry indicates it is legally prevented by

local/national privacy laws or regulations from complying with the

provisions of its ICANN contract regarding the collection, display and

distribution of personal data via WHOIS. The procedure is for use by ICANN

staff and did not change the obligations of registries, registrars or third

parties when approved by the GNSO and adopted by the Board."

I have included the text above at the end of the Clarity of existing

policy.  For those who passed it, it was seen as a small step for ICANN

since it did not allow registries and registrars to pro-actively bring

themselves into compliance with laws, but only to wait until they are called

out as being in violation. So it was seen as a first step, but a small

step.

Nonetheless, Liz is right in advising that we might include it -- so I have

done so subject to your approval -- to the changes already circulated by

Peter on the current draft.

(2) Alice and Olof -- will it be possible to insert links to all of the

policies and procedures in the final version so people can easily find

them??  Tx you!

Best,

Kathy

Hello all,

Unfortunately I won’t be able to make tonight’s call on the discussion

paper, and have instead made some comments and suggestions in the attached

(in revision mode, and with comment boxes) which I hope will be helpful.

I think the paper is starting to look very good, and one that will hopefully

draw out some useful community feedback.

As you’ll see, I’ve noted a couple of questions that I think we’d already

agreed to delete, and also proposed an additional sub-component to one

question which I’d be very interested to get community feedback on. I’ve

also commented on the proposed ‘costs’ section of the paper, which I have

some questions and concerns about.

I look forward to reviewing the version that comes out of tonight’s call

asap after its available.

Cheers,

Peter

From: rt4-whois-bounces@icann.org [mailto:rt4-whois-bounces@icann.org] On

Behalf Of Olof Nordling

Sent: Wednesday, 25 May 2011 6:22 PM

To: rt4-whois@icann.org

Subject: [Rt4-whois] WHOIS Review - updated draft following today's call

Dear Review Team Members,

Today’s call, chaired by Kathy and attended by Peter, Susan, Bill, Kim and

Omar, focused on agenda item 1, advancing the issues paper. Edits were made

up to the end of the second question box on page 5, as marked in the

attached version. The list of consensus policies was moved above the first

question box and the team decided to include hyperlinks to main documents.

PLEASE NOTE: When adding the hyperlinks, I noted that items 3 and 4 in the

consensus policy list on page 4 seem to relate to the same instrument,

notably the WHOIS Marketing Restriction Policy, so I reflected that in the

drafting, marked by red. This is to be confirmed, though!

Also, please correct (and bear with me…) if I missed or misunderstood any of

the decided edits.

Very best regards

Olof

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