[ALAC] [ALAC-Internal] Proposed amendment to the Proposed Thick Whois PDP Charter.

Sat Oct 13 21:29:15 UTC 2012

Dear Alan,

Noting that the Mission and Scope of the Charter says, "The PDP Working
Group is tasked to provide the GNSO Council with a policy recommendation
regarding the use of ‘thick’ Whois by all gTLD Registries, both existing
and future....." aside from the issues raised within the Mission and Scope
which in fact have already identified some of the considerations such as
privacy and data protection across borders. I can see where Avri is coming
from in raising the Freedom of Expression and Freedom of Association as an
attempt to ensure that all bases are covered and at the same time, I see
where you are coming from in terms of delaying the process.

The mere use of "existing and future" describes that there is a need to
factor in key considerations that would impact on the use. It makes perfect
sense therefore, that prior to the Thick Whois Charter PDP, that the
recommendations made by the SSAC on the Whois matter be adopted. Otherwise,
ICANN could be faced with multiple lawsuits.

This matter is fundamental in my view to the security and stability of
ICANN based on foreseeable risks on the horizon. To mitigate these risks,
it would seem that the prudent thing to do would be to agree first on the
use of the data have that be accepted by the global community before
proceeding with a solution. What ICANN is beginning to discover is that
whilst consensus may be achieved within its community, there are those that
allege see,
http://domainincite.com/docs/Name.Space%20Complaint%2010.1012.pdf
that ICANN behaves in a certain fashion. In light of clear rationale
provided by the SSAC on their view of the Whois Final Review, this could
also be used against ICANN if aggrieved parties wish to follow the path of
what is just beginning.

Fundamental to protecting ICANN and the interests of the end users is to
ensure that threats against the stability of . the organisation is
preserved. The reality, is that ICANN's Financial well is not bottomless,
there is a limit that it can take before it is vulnerable and has to be
shut down or bailed out.
It follows that the advice that the ALAC gives has to take into
consideration managing these risks.

We have to see both the micro and macro impact and the SSAC has recommended.

Kind Regards,
Sala

On Sun, Oct 14, 2012 at 8:49 AM, Rinalia Abdul Rahim <
rinalia.abdulrahim at gmail.com> wrote:

> Agree with Alan++.
>
> On Sun, Oct 14, 2012 at 3:34 AM, Alan Greenberg <alan.greenberg at mcgill.ca
> >wrote:
>
> > If anyone else either agrees with Evan/Holly that we should object to
> > it, or believes that we should support the change, please speak up. I
> > will delay responding to the DT until I have a better sampling of
> replies.
> >
> > Alan
> >
> > At 13/10/2012 02:21 PM, Evan Leibovitch wrote:
> > >I fully agree with Alan's stance on this.
> > >
> > >As Holly said, it adds nothing and is only an invitation to sidetrack
> the
> > >necessary debate.
> > >
> > >- Evan
> > >
> > >On 13 October 2012 13:34, Alan Greenberg <alan.greenberg at mcgill.ca>
> > wrote:
> > >
> > > > The proposed charter for the Think Whois PDP was tentatively
> > > > finalized on a meeting last week, but has now been re-opened
> > > > following a discussion between Avri and Mikey. The proposed change is
> > > > below, essentially adding "Freedom of Expression and Freedom of
> > > > Association" to the issues to be reviewed during a PDP.
> > > >
> > > > My personal position is that although "other rights" still need to be
> > > > addressed by any PDP under the new PDP rules, including these two in
> > > > the Charter is adding one more distraction to the core issue and will
> > > > only serve to elongate the process.
> > > >
> > > > It would be useful to be able to make a statement on behalf of the
> > > > ALAC, even if it only an informal pole and not a formal ALAC
> position.
> > > >
> > > > The current proposed charter can be found at:
> > > > http://gnso.icann.org/en/issues/thick-whois-charter-08oct12-en.pdf
> > > >
> > > > Alan
> > > >
> > > >
> > > > >Current language:
> > > > >
> > > > >Impact on privacy and data protection: how would 'thick' Whois
> > > > >affect privacy and data protection, also taking into account the
> > > > >involvement of different jurisdictions with different laws and
> > > > >legislation with regard to data privacy as well as possible cross
> > > > >border transfers of registrant data?
> > > > >
> > > > >Proposed language:
> > > > >
> > > > >Impact on rights: how would 'thick' Whois affect rights such as
> > > > >Privacy, Freedom of Expression and Freedom of Association as well as
> > > > >adherence to data protection regulations,  taking into account the
> > > > >involvement of different jurisdictions with different laws and
> > > > >legislation with regard to data privacy as well as possible cross
> > > > >border transfers of registrant data?
> > > > _______________________________________________
> > > > ALAC-Internal mailing list
> > > > ALAC-Internal at atlarge-lists.icann.org
> > > > https://atlarge-lists.icann.org/mailman/listinfo/alac-internal
> > > >
> > > > ALAC Wiki:
> > > >
> > >
> >
> https://community.icann.org/display/atlarge/At-Large+Advisory+Committee+(ALAC)
> > > >
> > > > At-Large Website: http://atlarge.icann.org
> > > >
> > >
> > >
> > >
> > >--
> > >Evan Leibovitch
> > >Toronto Canada
> > >
> > >Em: evan at telly dot org
> > >Sk: evanleibovitch
> > >Tw: el56
> > >_______________________________________________
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-- 
Salanieta Tamanikaiwaimaro aka Sala
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Suva
Fiji

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