RE: [dow2tf] Draft Questions for GAC

["Cade,Marilyn S - LGCRP" <mcade@xxxxxxx>]

The GAC members vary in terms of their roles within their countries, coming from different agencies. Some may have easy access to such information. To others, this might represent a significant burden in time. And, there are three TFs who will undoubtedly have interest. 
 
There are a couple of ideas re working with the GAC : We do have GAC liaison to Council. There has also been a GAC WHOIS working group, chaired by Robin Layton, NTIA/DoC US. We could formulate questions that we think need consultation with the GAC, ensure that the same effort, if it is applicable to the other TFs on WHOIS, is put together into a single coherent request, and ask for help from the GAC WHOIS Working Group, or guidance from the GAC liaison.
 
As to voting, I can't see us voting on anything until there is a final document that has been available for enough time for everyone to see a coherent final version of the document... I am not quite sure we are there,,,, due to the intervention of the holiday...
 
also, as you will recall, I have some limitations on the call tomorrow and can only be on for about an hour. 
 

Marilyn S. Cade 
AT&T Law & Government Affairs 
1120 20th Street, NW, Suite 1000N 
Washington, DC 20036 

202-457-2106v 
202-457-3051f 
202-360-1196 c
mcade@xxxxxxx 

-----Original Message-----
From: Steve Metalitz [mailto:metalitz@xxxxxxxx]
Sent: Monday, December 29, 2003 11:14 AM
To: Kathryn Kleiman; dow2tf@xxxxxxxxxxxxxx
Subject: RE: [dow2tf] Draft Questions for GAC


(1)  Thanks to Kathy for taking the initiative to draft these questions.  I think the answers could be quite interesting but I wonder how the GAC would react to such a broad set of interrogatories.  It seems to me the key question is #5, supplemented as follows:
 
Has your country at the national, regional or local level (in a
government, agency or court decision that you are aware of) made
any decision or ruling regarding the collection and publication of
personal information in the globally available WHOIS database?  If so, please provide a copy of or link to the decision, and of the law or regulation on which the decision was principally based.  
 
As for the other questions, rather than asking GAC members about every law that might conceivably be applicable, would it make more sense to await the responses of the registrars to the question about which local or national laws they believe require them to make some sort of "accommodation" in their contact data handling practices?  We could then follow up with GAC about those laws that have been identified by the registrars, who after all are probably in the best position to know which laws are most likely to be applicable. 
 
(2)  Although a few suggestions have been circulated since our last meeting, such as Kathy's proposal below, and see also http://www.gnso.icann.org/mailing-lists/archives/dow2tf/msg00021.html, we don't yet have a consolidated draft of questions for our review and discussion on the conference call which is set to begin in less than 24 hours.  In light of this, would it make more sense to pursue the first option suggested by our chair in the posting noted above:
 
One option is to work this all out via e-mail, including a quick vote to make sure everyone is happy with them. A second alternative is to continue to work on language on the list, and then vote on our next call.

Put another way, since we don't yet have a full draft text to react to, are we ready to "vote on our next call" if that takes place tomorrow?  Or would it make more sense to postpone the call until the text is available for our review?      
 
Steve Metalitz     
-----Original Message-----
From: KathrynKL@xxxxxxx [mailto:KathrynKL@xxxxxxx]
Sent: Sunday, December 28, 2003 11:37 PMTo: dow2tf@xxxxxxxxxxxxxx
Subject: [dow2tf] Draft Questions for GAC



In our efforts to move forward with data gathering, I would like to 
propose some questions for the GAC.  As we discussed in an earlier 
call, we should give GAC as much time as possible to respond to our
questions.  So I offer the questions below for discussion on Tuesday.   
Please let me know if you have ways to modify any of them to 
make them more specific or productive.  Regards, Kathryn 

Draft Questions for TF2 to circulate to GAC: 
1) Does your country have national, provincial and/or local laws
regarding privacy of personal information, including name,
address, home phone number, home fax number, and/or personal
email address? If so, could you provide us with a link to the
specific statutory sections (if they are online) or copies of the
privacy laws (if they are not online)? 
          a) If you are a common law country, are there legal cases
            that provide additional privacy protections on this personal
       information that it would be valuable for us to know about?
       If so, could you provide a link or a copy?

2) Does your country have national, provincial and/or local laws or
customs protecting the anonymity of speech? Are there rules or
customs that allow, for example, that allow authors to write under
pen names (nom de plume), political speakers to speak without
attribution, or artists to publish under other names? 
          a) Does your country, province or locality have laws on
              anonymity? If so, could you provide a link or a copy?
          b) If you are a common law country, are there legal cases
             that provide additional rights or limitations on anonymity
             that would be valuable for us to know about? If so, could
             you provide a link or a copy?

3)  Does your country have national, provincial and/or local laws
that govern the ways in which data subjects must be notified of and
give consent for data collection and processing?

4) Does your country have a data protection agency or officer? If
so, could you provide us with the contact information?

5) Has your country at the national, regional or local level (in a
government, agency or court decision that you are aware of) made
any decision or ruling regarding the collection and publication of
personal information in the globally available WHOIS database?