Urgent: your response needed

[Norbert Klein]

Dear Kathy,

thanks for your detailed support.


Dear Executive Committee and GNSO Council colleagues,

I welcome the offer of Kathy to help in establishing contact / working
with national or international data protection commissions (plural, if
possible including, but not only Canada) - as soon as possible -  asking
for a competent review of the  WHOIS proposals.

Norbert

=

KathrynKL at AOL.COM wrote:
>
> I wholeheartedly support Milton's motion, and Ross' motion.  I urge a
> vote in favor of Milton's motion as a strong statement from the NCUC
> -- one that our Council members can carry forward to the difficult
> debates in the Names Council ahead.
>
> I have a few additional comments:
>
> It has taken me a awhile to review the WG report, but I have done so,
> and what struck me the most is the REVEAL section.  It has no
> relationship to any real-world scenario I know.  In the real-world, a
> trademark owner sends a cease and desist letter to a person, or his
> attorney, and the parties can choose to respond, or not respond.
>
> The idea that anyone MUST respond to a demand that is inaccurate,
> overbroad, intimidating or threatening just because another individual
> or big business alleges there is an illegality (and they all always
> do) is not consistent with law. (I note that this appears to have been
> quite controversial in the WG and I appreciate all you did to argue it.)
>
> I recommend that we ask a data protection commission -- like Canada's
> -- for a review of this section and whether it is consistent with
> national data protection laws.  If not, what changes would they
> offer?  Their changes would have the benefit of precedent and national
> law conformity.
>
> I would be happy to work with the our Council and Executive Committee
> members on such contact.
>
> Best,
>
> Kathy
>
> p.s. After nearly 6 months as an attorney with a major Internet law
> firm, I have found the vast majority of cease and desist to be
> unfounded and inaccurate.  To lose a layer of data protection for not
> responding in 24 or even 72 hours is crazy, as that is not even enough
> time to find an attorney (in most cases).
>
>
>


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