Thanks. See responses in line below. Jamie Hedlund VP, Strategic Programs Global Domains Division ICANN +1.202.374.3969 (m) +1.202.570.7125 (d) jamie.hedlund@icann.org From: Christopher Wilkinson <cw@christopherwilkinson.eu> Date: Thursday, January 21, 2016 at 17:01 To: Jamie Hedlund <jamie.hedlund@icann.org> Cc: "whois-iag-volunteers@icann.org" <whois-iag-volunteers@icann.org> Subject: Re: [IAG-WHOIS conflicts] Public comment summary posted Well: (a) I have no brief for the 'Statement of Work' which was prepared without my participation and already introduced significant biases into the IAG, which I deplore. The first document that the IAG reviewed was the Statement of Work. Many edits by IAG members were incorporated into the SoW. If you did not participate it was because you chose not to, not because you were not given the opportunity. (b) I real that your staff summary does suggest that Appendix 4 should be referred to the next GNSO PDP on Whois. I disagree. There are simple issues here that can be corrected Now. Please indicate which simple issues in your Appendix 4 can be corrected now, that are within the scope of the IAG¹s mandate and that are supported by the IAG members. ( c) It is indeed the 'underlying policy' that is flawed. The cure has to be found in the policy, not in the 'triggers' or such like. The IAG was established to review the procedure which includes the triggers. It does not have the authority to revise the policy. That would require initiation of a GNSO PDP. CW On 21 Jan 2016, at 22:33, Jamie Hedlund <jamie.hedlund@icann.org> wrote:
Dear Christopher,
Thank you for your comments. I am sorry you were not able to provide them in time (see attached email). Please see responses inline. I hope these are helpful. Thanks.
Best, Jamie
Jamie Hedlund VP, Strategic Programs Global Domains Division ICANN +1.202.374.3969 (m) +1.202.570.7125 (d) jamie.hedlund@icann.org
From: Christopher Wilkinson <cw@christopherwilkinson.eu> Date: Thursday, January 21, 2016 at 15:11 To: Jamie Hedlund <jamie.hedlund@icann.org> Cc: "whois-iag-volunteers@icann.org" <whois-iag-volunteers@icann.org> Subject: Re: [IAG-WHOIS conflicts] Public comment summary posted
Dear Jamie Hedlund:
Thankyou. I have taken note of this publication.
1.I do not agree with the characterisation of Appendix 4 as 'minority' opinions. No poll of the iAG members was ever taken; I am quite sure that the criticisms of the policy evoked in Appendix 4 are very widely held. We can consider how to characterize Appendix 4 prior to submitting the final report to the GNSO Council.
2.I have strong reservations about the suggestion to refer the matter to another GNSO PDP. The issues arise in the first place from a flawed GNSO PDP a decade ago. I have little confidence, that another such exercise would lead to a more balanced and informed outcome. There was never any intention to "refer the matter to another GNSO PDP.² Rather, the IAG¹s recommendations will be submitted to the GNSO Council to review whether they are consistent with the underlying policy and determine the next steps (see Statement of Work <https://community.icann.org/display/WNLCI/WHOIS+and+national+law+conflicts+I... G+Home> )
3.Even within the restrictive parameters of the IAG, it was agreed that the existing policy had never been invoked; that should - at the very least - have led the ICANN staff to consider why that is the case. It is quite clear that the various 'trigger' mechanisms discussed in the report will not facilitate ICANN in conforming to applicable privacy and data protection laws in many jurisdictions. I don¹t recall an IAG request of ICANN staff to consider why the procedure has not been invoked. I do recall during discussion of the Statement of Work that there were widely differing views as to why this is the case. This disagreement led to revisions of the SoW text to remove a perceived bias toward considering the lack of use of the procedure as evidence that it is flawed.
Regards
Christopher Wilkinson
On 21 Jan 2016, at 19:40, Jamie Hedlund <jamie.hedlund@icann.org> wrote:
FYI - https://www.icann.org/public-comments/iag-whois-conflicts-privacy-2015-10-05... en <http://mailer.samanage.com/wf/click?upn=3sVClaOwo5uihwlrrc4OfzQsvRRwK8tznNE7 s3dkmBMD294y0lcShPEwmrNzsM2toyG9UUIOJ1V0bxkPpSSZtGRmTVBwq8yzYf9iKnwMdGMWESNCp oViJLruhWi24Mix_u6a2PqF3vslNNtSRbhxJPbaBpZk4DC8jbmALa5nMrRXo0eqnz-2B9Ps9xJPFJ NX0UL-2F-2FJI3KnlPQtLax4sDAMUOleyokUItB1ySUKv0eZQ0yVNOU4CPsXxolzadQWFEIB3jt4F BhYck7cuW-2B60WUNIUfplmEQLN49Pg8gnyn4WN5REwmeLm3WVCEgIuWpHjpntSOaUoK52mlUftmt KfbM8YQXuDh7vnDtn9gvVW0m9e1i8x7DYS-2FFnIAXqGTOXZSAc0qGjFopv0nIpMbX48Ukjmi36xT L31Ys3g94MzUCnwDSyh7dcY1VG2grcgOjjhYKxmTPChyu0R0URCtmlkx5eVp88UVc80ookOrqjXjB DJym3d6Tp6H-2Fhiyi-2BzVodf3oSYJtLUjEPVITQayq3DJ1X4MLfqCHRHctXbtcAljAIgqSS-2Bb pDR-2ByJEXYJifUdggvzwFu06pV3Rui-2Bkab0a-2FbweifS0RVMZdQhRhBLd8um4WIYn-2BdV2Dg T23U5DKUM44nn>
Best, Jamie
Jamie Hedlund VP, Strategic Programs Global Domains Division ICANN +1.202.374.3969 (m) +1.202.570.7125 (d) jamie.hedlund@icann.org _______________________________________________ Whois-iag-volunteers mailing list Whois-iag-volunteers@icann.org https://mm.icann.org/mailman/listinfo/whois-iag-volunteers
<Mail Attachment.eml>