RE: [dow1-2tf] Last Call on Final Draft of Issues 1 and 2

[Marc Schneiders <marc@xxxxxxxxxxxxxx>]

"Litigation is included." Good. Thanks for the clarification.

On Wed, 24 Nov 2004, at 13:51 [=GMT-0500], Milton Mueller wrote:

> Marc:
> reading the document I have trouble understanding why you are asking
> this. The first step says:
>
> "Once receiving notification of an investigation, litigation,
> regulatory proceeding or other government or civil action that might
> affect its compliance with the RAA...."
>
> Litigation is included.
>
> --MM
>
> >>> Marc Schneiders <marc@xxxxxxxxxxxxxx> 11/24/2004 7:51:21 AM >>>
> Since I came into the TF late and had little occasion to participate
> in the drafting of this text, I should perhaps not now in the end
> start bringing up new issues. I was just wondering whether the wording
> does include cases, where a registrar gets sued by an individual or a
> group (e.g. a consumer organization) for divulging private
> information. A court could order a registrar to stop doing that for
> specific whois entries. Even award damages. In the latter case, the
> registrar might have to close down whois altogether to avoid
> further claims. Does the step by step procedure cater for such
> situations too?
>
> On Tue, 23 Nov 2004, at 21:25 [=GMT-0500], Neuman, Jeff wrote:
>
> > No, even in the US, we do not consider the "courts" as a "government
> > agency." :)
> >
> > Is there a place in the document that you are looking at?
> >
> > Jeff
> >
> > -----Original Message-----
> > From: Marc Schneiders [mailto:marc@xxxxxxxxxxxxxx]
> > Sent: Tuesday, November 23, 2004 6:35 PM
> > To: Neuman, Jeff
> > Cc: dow1-2tf@xxxxxxxxxxxxxx
> > Subject: Re: [dow1-2tf] Last Call on Final Draft of Issues 1 and 2
> >
> >
> > Stupid question from a non-native English speaking European about
> > the meaning of a word in the text on conflicts with national privacy
> > laws:
> >
> > Is a 'court of law' a 'government agency'?
> >
> > I would never, ever, include courts under government agencies. And
> > judges in my country would hang me if I did (and we still had
> capital
> > punishment, which we fortunately do not). But if this is normal in
> US
> > English, I have no problems. So just for clarification. Thanks.
> >
> > Marc Schneiders
> >
> >
>