[PC-NCSG] Fwd: [] a modest amendment to our charter point on "privacy and data protection"

Mary.Wong at law.unh.edu Mary.Wong
Tue Oct 16 01:41:12 EEST 2012


Hi Avri - I can't quite tell which is Mikey's compromise version, but
if we can make people understand that "such as" is illustrative, and
that what's being covered is not the kitchen sink but rather the
fundamental human rights internationally agreed upon and as protected by
international treaties I hope that will work. Thanks for taking this on.


Cheers 
Mary


Mary W S Wong
Professor of Law
Director, Franklin Pierce Center for IP
Chair, Graduate IP Programs
UNIVERSITY OF NEW HAMPSHIRE SCHOOL OF LAW
Two White Street
Concord, NH 03301
USA
Email: mary.wong at law.unh.edu
Phone: 1-603-513-5143
Webpage: http://www.law.unh.edu/marywong/index.php
Selected writings available on the Social Science Research Network
(SSRN) at: http://ssrn.com/author=437584  


>>> 


From:  
Avri Doria <avri at acm.org> 

To: 
NCSG-Policy <PC-NCSG at ipjustice.org> 

Date:  
10/15/2012 6:32 PM 

Subject:  
[PC-NCSG] Fwd: [] a modest amendment to our charter point on "privacy
and data protection" 


I sent this on request from Mikey.

Hope you guys can support it.

avri

-----




Begin forwarded message:

> From: Avri Doria <avri at acm.org>
> Subject: Re: [gnso-thickwhois-dt] a modest amendment to our charter
point on "privacy and data protection"
> Date: 15 October 2012 13:29:43 EDT
> To: "Mike O'Connor" <mike at haven2.com>
> Cc: "Gnso-thickwhois-dt at icann.org DT" <Gnso-thickwhois-dt at icann.org>
>
>
>
>
> Hi,
>
> How about this as a next pass
>
> On 15 Oct 2012, at 08:49, Mike O'Connor wrote:
>
>> 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?
>>
>
>
> Impact on rights: how would ?thick? Whois specifically affect
internationally agreed rights, e.g. rights of others, privacy, freedoms
such as expression and 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?
>
>


This is the latest compromise language i offered on Mikey's request,
see below.  Hopefully it is language you all can support.

thanks

avri



Begin forwarded message:

> From: "Mike O'Connor" <mike at haven2.com>
> Subject: [gnso-thickwhois-dt] a modest amendment to our charter point
on "privacy and data protection"
> Date: 15 October 2012 08:49:47 EDT
> To: "Gnso-thickwhois-dt at icann.org DT" <Gnso-thickwhois-dt at icann.org>
>
> hi all,
>
> i have been quiet, but i'm far from disinterested and commend the
conversation.
>
> here are a couple ideas to keep the conversation moving.
>
> - i think it would be helpful if *we* could arrive at a
mutually-agreeable place in advance of the Council meeting on Wednesday
>
> - i'd ask us to focus on the actual wording to see if there's a
middle ground
>
> i think the key for us is to craft a "container" within which the
rights discussion can take place in the WG, rather than viewing this as
a conversation about whether that discussion should take place at all. 
i'm thinking that the conversation will happen during the WG, no matter
what we as a drafting team (or the Council for that matter) do.
>
> Avri, i'd like to throw the ball back to you.  the first-round
amended language doesn't seem to be getting a lot of traction.  would
you like to take a run at synthesizing the comments on this thread into
a revised version of the language that would still meet your objectives?

>
> thanks,
>
> mikey 
>
>
> 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?
>
>
> 1st- round 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?
>
>
>
>
> PHONE: 651-647-6109, FAX: 866-280-2356, WEB: www.haven2.com, HANDLE:
OConnorStP (ID for Twitter, Facebook, LinkedIn, etc.)
>


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