Urgent: your response needed

[Robin Gross]

I am also grateful for Kathy's analysis of this report and excellent
suggestion to engage data protection officials.

We are lucky to have Kathy's expertise on this issue and agree with
Norbert that we should take her up on the offer for assistance.

Thanks,
Robin



Norbert Klein wrote:

>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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