Hi All, As our discussion evolve, key recommendations are continuing to emerge. I look forward to the ones the Compliance subteam will be sharing (important ones!) and wish to add this one... Additional recommendation: Per the requirement of the Affirmation of Commitments that "ICANN additionally commits to enforcing its existing policy relating to WHOIS, subject to applicable laws," the GAC is requested to provide, within a six month period, a list of key Applicable Laws. These laws will provide guidance and understanding for the ICANN and the Community as they work to meet the obligations of the Affirmation of Commitments. As guidance, the Whois Review Team shares its definition of Applicable Laws, developed in conjunction with the ICANN Community through an open process. Best, Kathy
Hi Kathy I've been following the discussions on applicable laws, and particularly the exchanges between you and Peter. I think you both agree in principle (applicable laws = relevant, GAC = a good stakeholder to consider this), but disagree on how to achieve the objectives. Peter is unconvinced that a list of laws will be useful; he says that it won't be global, because the GAC membership isn't; and it's not clear how such a list would be kept up to date etc. You think a list would be helpful, and that the GAC is the obvious place to compile such a list. Have I got your positions correct? If so, can you help Peter by explaining why a list (comprehensive or not) would be better than the current system, which I believe is that people can invoke applicable laws on a case-by-case basis? Kind regards Emily On 17 August 2011 15:47, Kathy Kleiman <kathy@kathykleiman.com> wrote:
Hi All, As our discussion evolve, key recommendations are continuing to emerge. I look forward to the ones the Compliance subteam will be sharing (important ones!) and wish to add this one...
Additional recommendation:
Per the requirement of the Affirmation of Commitments that "ICANN additionally commits to enforcing its existing policy relating to WHOIS, subject to applicable laws," the GAC is requested to provide, within a six month period, a list of key Applicable Laws. These laws will provide guidance and understanding for the ICANN and the Community as they work to meet the obligations of the Affirmation of Commitments. As guidance, the Whois Review Team shares its definition of Applicable Laws, developed in conjunction with the ICANN Community through an open process.
Best, Kathy _______________________________________________ Rt4-whois mailing list Rt4-whois@icann.org https://mm.icann.org/mailman/listinfo/rt4-whois
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participants (2)
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Emily Taylor -
Kathy Kleiman