About apllicable laws (pg. 14) and law enforcement (13), I agree with Peter, no consensus about applicable laws. California's? Let's see: even international transborder treaties could reach WHOIS at some point with human rights, consumer rights, even copyright law could apply besides privacy laws. It's a grey area. Also, in final instance the data should be considered "personal" even for corporations, entities and companies being shown as non personal entities? In Brazil this diference is much clear, since for years we are only allowing companies to register com.br, not the individuals. But this rule changed some years ago. To register a domain name you need a number related to USA's IRS (or Inland Revenue in Emily's home) even if both databases don't merge. But, again, how to make the data accurable without a validation in other sources? The whole Whois database should be considered protected by copyright laws as a literary creation alike? For accuracy purposes - the main purpose for Whois bilaterally speaking - we must trust in the registrant, the registrars and it's done? Which sources to rely on, if "why?" still need to be addressed? Regards, Omar Including any and all local and national laws that regulate and/or control the collection, display and distribution of personal data via WHOIS.” The Team understands the “applicable laws” reference as limited to privacy laws [pnettlefo1] <#133f5e9f5be4ccd5__msocom_1> and regulation (SK) comment: I agree with Emily should change to “encompass all laws but many mainly focus on privacy laws and regulations” and notes ICANN’s existing consensus policy relating to conflicts with privacy laws. The Team considered but determined not to include within the definition international agreements and regional laws, recognizing that such laws are enforceable only to the extent incorporated into the domestic laws of contracting states. ------------------------------ [pnettlefo1] <#133f5e9f5be4ccd5__msoanchor_1>PN: I disagreed with this on 13 September also, and still do. A law requiring disclosure of personal data seems equally relevant to me. Again, I do not recall reaching consensus on this new defintion. 2011/11/30 Emily Taylor <emily@emilytaylor.eu>
Hi Alice
Great work - we are nearly there.
I have a couple of points on the consolidated draft:
Exec Summary - reading well - I think we should include the recommendations here, for an encapsulated document which 99.9% of people who look at this report will be reading. P 9 - Lynn made a table of contents for insertion after the Executive Summary. This is a good idea, and if we adopt it, we can delete Kathy's insertion on p9 and go back to her original para.
P29 - the Dakar versions (of proxy/privacy definitions) to be used throughout please
p44 - please move the highlighted text into an appendix
Chapter 8 (the GAP ANALYSIS) - this is important, is an older version that was superseded yesterday. This is the latest version. I've removed all the highlighting. It divides the Gap analysis into two (Chapter 7 - or whatever the correct number is - Understanding the needs of stakeholders) then we put in the consumer trust text after that, then move on to Chapter 8 (or whatever number it is) which should be Gap Analysis/Conclusions. Bill is currently reviewing that language.
Kind regards
Emily
On 30 November 2011 16:31, Alice Jansen <alice.jansen@icann.org> wrote:
Dear Review Team Members,
Please find attached the latest versions of the master document and appendices. (clean copy – 30 November 16:30 UTC – Alice Jansen) Since I have applied formatting suggestions Kathy emailed me to the document, I would be very grateful if penholders of chapters could please check the formatting structure of their chapters. Does this match your train on thought? If not, please email me asap so that I can rectify it for the subsequent version. Documents will be available on the wiki in a couple of minutes. The files need additional work (typo hunting etc) but I would be very grateful if you could please read these documents very carefully and flag any missing piece of information or inconsistency you notice.
Many thanks in advance,
Kind regards
Alice
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