Hi Sharon and all, Unfortunately, I won't be able to make the call on Wednesday, but wanted to thank Sharon and Emily for their work on these definitions. Regarding the suggestion to agree on the new definitions on Wednesday, the analysis and changes to the definitions of law enforcement and applicable laws raise a number of questions for me. To give a few examples: * In relation to the analysis of applicable laws, I'm not convinced that the initial definition only relates to privacy law, as it explicitly refers to laws that regulate the 'collection, use, access, and disclosure' of personal data. Obviously a law that requires the disclosure of personal data could have privacy implications, but couldn't a provision to 'disclose' data reside in a criminal or other law, rather than only in an explicit privacy law? * In terms of the change to the definition, I'm interested in the shift of wording from 'collection, use, access, and disclosure' to 'collection, display and distribution'. Each of these shifts is interesting - for example, is the concept of 'use' covered in the new formulation, or has this been dropped? * In relation to the law enforcement definition, what does 'control of the affairs of a community' mean? I understand the desire to narrow the scope of that definition, but would any entity actually meet that criteria? As we've discussed previously, I'm concerned about any wording that could unintentionally exclude a relevant law or law enforcement entity, and would like a chance to discuss these new definitions further. Cheers, Peter From: rt4-whois-bounces@icann.org [mailto:rt4-whois-bounces@icann.org] On Behalf Of LEMON, Sharon Sent: Monday, 12 September 2011 7:15 PM To: rt4-whois@icann.org Subject: [Rt4-whois] Revised definitions NOT PROTECTIVELY MARKED Good Morning (in London) everyone, and welcome Seth, Emily and I have been working on the definitions, commenting on the feedback, and have made some revisions - these are attached. Please take time to have a look to see if you are satisfied and we can agree them in our call on Wednesday. Emily has more work to do on Producers and Maintainers, and will be working on a 'Whois lifecycle' diagram in due course. I hope you are all well and look forward to seeing you all in MdR, which will be my final face to face meeting with you all as I am not travelling to Senegal. Best Wishes Sharon Sharon LEMON OBE Deputy Director Cyber and Forensics Serious and Organised Crime Agency (SOCA) 07768 290902 0207 855 2800 This information is supplied in confidence by SOCA, and is exempt from disclosure under the Freedom of Information Act 2000. It may also be subject to exemption under other UK legislation. Onward disclosure may be unlawful, for example, under the Data Protection Act 1998. Requests for disclosure to the public must be referred to the SOCA FOI single point of contact, by email on PICUEnquiries@soca.x.gsi.gov.uk or by telephoning 0870 268 8677. All E-Mail sent and received by SOCA is scanned and subject to assessment. Messages sent or received by SOCA staff are not private and may be the subject of lawful business monitoring. E-Mail may be passed at any time and without notice to an appropriate branch within SOCA, on authority from the Director General or his Deputy for analysis. This E-Mail and any files transmitted with it are intended solely for the individual or entity to whom they are addressed. If you have received this message in error, please contact the sender as soon as possible. The original of this email was scanned for viruses by the Government Secure Intranet virus scanning service supplied by Cable&Wireless Worldwide in partnership with MessageLabs. (CCTM Certificate Number 2009/09/0052.) On leaving the GSi this email was certified virus free. Communications via the GSi may be automatically logged, monitored and/or recorded for legal purposes. ------------------------------------------------------------------------------- The information transmitted is for the use of the intended recipient only and may contain confidential and/or legally privileged material. Any review, re-transmission, disclosure, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited and may result in severe penalties. If you have received this e-mail in error please notify the Security Advisor of the Department of Broadband, Communications and the Digital Economy, 38 Sydney Ave, Forrest ACT 2603, telephone (02) 6271-1376 and delete all copies of this transmission together with any attachments. Please consider the environment before printing this email. -------------------------------------------------------------------------------