Fwd: [liaison6c] Call for Independent Experts, Law Enforcement Representatives and Global Policy Experts - WHOIS Policy Review (AoC)

[Mary Wong]

I'd always thought having WHOIS as one of the 4 ongoing commitment
reviews somewhat odd. However, the actual Affirmation of Commitments
(AoC) document DOES specifically provide for law enforcement and privacy
experts to be part of the Review Team. In contrast, for the other 3
review teams, the need for experts is described simply as "independent
experts". 
 
The WHOIS review team composition is in 9.3 of the AoC, as follows:
 

" ... One year from the effective date of this document and then no
less frequently than every three years thereafter, ICANN will organize a
review of WHOIS policy and its implementation to assess the extent to
which WHOIS policy is effective and its implementation meets the
legitimate needs of law enforcement and promotes consumer trust. The
review [team] will include the following (or their designated nominees):
the Chair of the GAC, the CEO of ICANN, representatives of the relevant
Advisory Committees and Supporting Organizations, as well as experts,
and representatives of the global law enforcement community, and global
privacy experts."
 
There's also a public comment period once the review team is selected -
so NCSG (or individual members) may want to submit a public comment then
(I can't remember if anyone sent one in on the AoC document a while
ago).
 
Cheers
Mary
 
Mary W S Wong
Professor of Law & Chair, Graduate IP Programs
Franklin Pierce Law Center
Two White Street
Concord, NH 03301
USA
Email: mwong at piercelaw.edu
Phone: 1-603-513-5143
Webpage: http://www.piercelaw.edu/marywong/index.php
Selected writings available on the Social Science Research Network
(SSRN) at: http://ssrn.com/author=437584

>>> 


From: Marc Perkel <marc at CHURCHOFREALITY.ORG>
To:<NCSG-NCUC-DISCUSS at listserv.syr.edu>
Date: 7/27/2010 8:10 PM
Subject: Re: Fwd: [liaison6c] Call for Independent Experts, Law
Enforcement Representatives and Global Policy Experts - WHOIS Policy
Review (AoC)
Yeah - ICANN is a DNS company. Should keep the focus on nameserver 
technology. No mission creep.

On 7/27/2010 5:05 PM, Carlos A. Afonso wrote:
> I have already commented on this as well. I find unacceptable that 
> Icann approaches this issue with an emphasis on the point of view of

> law enforcers, who just obey orders from lawmakers and regulators (in

> a democracy at least, I assume) -- so Icann should bring these people

> to the discussion table instead.
>
> So I entirely agree with Robin's concerns.
>
> frt rgds
>
> --c.a.
>
> On 07/27/2010 08:44 PM, Marc Perkel wrote:
>> Yes - I have to object as well. ICANN is not a law enforcement
agency
>> and should not see itself as policing the Internet. This would be
like
>> telling the phone company that they are a branch of law enforcement
and
>> can listen in on phone calls. Or having utility copmanies spying on
>> their customers for law enforcement. Or having priests turn people
in to
>> law enforcement.
>>
>> I don't see where law enforcement has a role to play in ICANN at
all.
>>
>> On 7/27/2010 2:53 PM, Robin Gross wrote:
>>> Why is ICANN specifically trying to stack the deck of this Whois
group
>>> with "law enforcement representatives"?
>>>
>>> When did the community agree to specify it wanted "law enforcement"
in
>>> this group (rather than privacy commissioners, for example)?
>>>
>>> Obviously this is an attempt to create a specific outcome in line
with
>>> the many requests for more personal information that we've seen
coming
>>> from law enforcement & IPR collaborations lately (full-court press
in
>>> Brussels).
>>>
>>> Ironically, this notice itself is an example of the kind of staff
>>> manipulation to create desired policy outcomes that the
Accountability
>>> and Transparency Review Teams need to hear about in the first
place.
>>>
>>> Robin
>>>
>>>
>>> Begin forwarded message:
>>>
>>>> *From: *Glen de Saint Géry <Glen at icann.org
<mailto:Glen at icann.org>>
>>>> *Date: *July 27, 2010 6:01:52 AM PDT
>>>> *To: *liaison6c <liaison6c at gnso.icann.org
>>>> <mailto:liaison6c at gnso.icann.org>>
>>>> *Subject: **[liaison6c] Call for Independent Experts, Law
Enforcement
>>>> Representatives and Global Policy Experts - WHOIS Policy Review
(AoC)*
>>>>
>>>>
>>>>
>>>> http://www.icann.org/en/announcements/announcement-26jul10-en.htm
>>>> Call for Independent Experts, Law Enforcement Representatives and
>>>> Global Policy Experts - WHOIS Policy Review (AoC)
>>>>
>>>> 26 July 2010
>>>>
>>>> Deadline: 6 September 2010 - 23:59 UTC
>>>>
>>>> The Affirmation of Commitments calls for a periodic review of
four
>>>> key ICANN objectives, namely:
>>>>
>>>> Ensuring accountability, transparency and the interests of global
>>>> Internet users;
>>>> Preserving security, stability and resiliency of the DNS;
>>>> Promoting competition, consumer trust and consumer choice;
>>>> WHOIS policy.
>>>> In line with the Affirmation provisions, the WHOIS Policy Review
>>>> (WIR) is to be objectively performed by a Review Team composed
of:
>>>>
>>>> Volunteer Community Members representing the relevant Supporting
>>>> Organizations and Advisory Committees of ICANN;
>>>> ICANN CEO (or designated nominee);
>>>> GAC Chair (or designated nominee);
>>>> Representatives of Law Enforcement
>>>> Global Policy Experts; and
>>>> Independent experts.
>>>> The composition of this Review Team shall be jointly determined
by
>>>> the CEO of ICANN - Mr. Rod Beckstrom - and Chair of the GAC -
Mrs.
>>>> Heather Dryden (in consultation with GAC Members).
>>>>
>>>> Whereas a Call for Applicants for volunteer RT Members was
launched
>>>> on June 1, ICANN now invites interested individuals to apply for
a
>>>> position of Independent Expert, Law Enforcement Representative or
>>>> Global Policy Expert on the WHOIS Policy Review Team.
>>>>
>>>> Please refer to the WHOIS Policy Review - Call for Independent
>>>> Experts, Law Enforcement Representatives and Global Policy
Experts,
>>>> Details [PDF, 92 KB] for further information and instructions on
the
>>>> application process.
>>>>
>>>> An extensive expertise in the subject under review as well as an
>>>> ability to remain fully independent and objective constitute
highly
>>>> desired requirements for a valid application.
>>>>
>>>> Interested candidates, please submit your CV, letter of motivation
to
>>>> rtcandidatures at icann.org <mailto:rtcandidatures at icann.org> by 6
>>>> September 2010 - 23:59 UTC. Relevant experience should be clearly

>>>> stated.
>>>>
>>>>
>>>> Glen de Saint Géry
>>>> GNSO Secretariat
>>>> gnso.secretariat at gnso.icann.org 
>>>> <mailto:gnso.secretariat at gnso.icann.org>
>>>> http://gnso.icann.org
>>>>
>>>>
>>>
>>>
>>>
>>>
>>> IP JUSTICE
>>> Robin Gross, Executive Director
>>> 1192 Haight Street, San Francisco, CA 94117 USA
>>> p: +1-415-553-6261 f: +1-415-462-6451
>>> w: http://www.ipjustice.org e: robin at ipjustice.org
>>> <mailto:robin at ipjustice.org>
>>>
>>>
>>>
>



Pierce Law | University of New Hampshire - An Innovative Partnership
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