[ALAC] Analysis of WHOIS AoC RT Recommendations.

Rinalia Abdul Rahim rinalia.abdulrahim at gmail.com
Tue Sep 4 00:11:41 UTC 2012


Dear Alan,

As per my vote on the ALAC statement, I supported the call for the Board to
take effective and expedient action on the entire set of recommendations
generated by the WHOIS Policy Review Team.  I have no objections to the
proposed policy analysis, which I know to be based on your very extensive
experience with the GNSO, but I do suggest the following clarification
tweaks for your consideration.

*Unilateral Action By the Board*
In the same statement, the ALAC highlighted several recommendations that it
believed the Board should/can take action on unilaterally without resorting
to the GNSO policy processes (formal or otherwise).
To ensure that there is no misunderstanding with the analysis that you are
proposing, I suggest a third column with the header "Unilateral Board
Action Required" so that this point is *reiterated* and not forgotten given
that it is a crucial point.
The point that Carlton makes about the role of the board in policy-making
and decision-making is not something that can/should be addressed in depth
at the level of policy analysis here.  Nevertheless, the contention is
important and the presence of the suggested third column serves as a
prelude to a future intervention that the ALAC will presumably make over
that issue (should it wish to do so and after extensive internal debate, of
course).

*Types of Policy Action (under "GNSO Policy Required?")*
Thank you for providing the clarification between a formal PDP and other
types of GNSO policy development.
For clarity, because the PDP has a specific contextual meaning, I suggest
that you *start* each elaboration with either  a "YES (PDP)" or  "YES -
Non-PDP" or "NO" and then elaborate.  Currently, for some of your
elaboration, the "Yes" or "No" is at the bottom.
In cases where the action is contextual, rather than saying "perhaps",
which flusters some people and fuel ambiguity, do go for the more
definitive "YES if ..." or "NO if ...."

Best regards,

Rinalia

On Mon, Sep 3, 2012 at 9:24 AM, Alan Greenberg <alan.greenberg at mcgill.ca>wrote:

> You will recall that at its last meeting, the ALAC unanimously approved a
> statement to the Board reiterating its position that all 16 recommendations
> be implemented, and stressed that several were very important and clearly
> did not require any prior GNSO policy development. That ALAC statement can
> be found at http://tinyurl.com/ALAC-WHOIS-**Advice<http://tinyurl.com/ALAC-WHOIS-Advice>
> .
>
> Based on further discussions, and in light of a controversy that has
> arisen in the GNSO, it was suggested that the ALAC explicitly identify
> which recommendations do not require any prior policy development, and
> which might required GNSO policy development.
>
> I had already done a brief review looking at which recommendations might
> require policy development. I have since revised this and present it to you
> here.
>
> In summary, of the 16 recommendations, 12 do not require GNSO policy
> development, 3 *might* require policy development, but that would depend on
> work carried out over the coming months and years, and 1 does require
> policy development by the GNSO along with the rest of the community, but in
> my opinion, does not require a formal PDP.
>
> The detailed analysis is attached. The report with the recommendations in
> detail can be found at http://www.icann.org/en/about/**
> aoc-review/whois/final-report-**11may12-en.pdf<http://www.icann.org/en/about/aoc-review/whois/final-report-11may12-en.pdf>
> .
>
> It is essential that this analysis reach the Board before the Board
> Workshop scheduled for September 12-13.
>
> I am not sure if Olivier wants to hold a formal vote on this, or for the
> ALAC to just reach consensus, but regardless, the first step if for anyone
> who does not agree with this analysis to speak up.
>
> Alan
>
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