Re: [ga] Registerfly & Data Escrow

[Jeff Williams <jwkckid1@xxxxxxxxxxxxx>]

Roberto and all,

  Our general input is that Registryfly has demonstrated demonstrably
that Data Escrow is necessary.  ICANN should set a very specific
set of requirements by which Data Escrowing by registries and
registrars must provide for.  Such specific set of requirements
can and should be based on already extant Data Escrow systems
from other industries which are done on a global basis and have
been for more three decades that I am aware of.

Roberto Gaetano wrote:

> Danny Younger wrote:
>
> >
> > If I understand Jon correctly the issue is that "ICANN has
> > never implemented a schedule, terms, or a format of the
> > escrow arrangement".
> >
> > While I suppose that I could ask Mike Zupke to detail the
> > reasons why Staff has not yet acted to implement data escrow
> > arrangements, frankly I thought that it was the Board's duty
> > to take responsibility for continued Staff inaction...
>
> I thought that the question was related to have details on the data escrow,
> or other registrar issues, related to the case in point, that's why I
> redirected your query.
>
> If, on the other hand, we want to keep it on general policy, my personal
> opinion is that there is room for improvement in the way ICANN has handled
> the data escrow. See additional remarks below.
>
> >
> > As a reminder, this inaction has persisted since November
> > 2001 when the registrar data escrow testbed was first
> > proposed, and even though ICANN has data escrow listed as a
> > project under its current operational plan, we have yet to
> > see this particular project take shape.
>
> Again, with the caveat that this is only my personal opinion, having
> participated as member of CORE to the initial testbed, I have mixed feelings
> about the practicability on a global level of the escrow mechanism, for two
> reasons: first,
> scalability, second, local legislation (including, but not limited to, data
> privacy).
> It is probably out of scope to enter in too much detail here, but what makes
> me think is that ICANN would never have the resources to manage directly
> escrow data, and therefore a mechanism that involves a third party must be
> put in place. What was reasonable for 5 testbed registrars, is much less
> reasonable for the hundreds we have now. So, on this I am in synch with
> Karl.
>
> >
> > Roberto, as a Board Director your duty is to act in the best
> > interests of ICANN.  I would argue that ICANN's interests
> > would be well served by a data escrow arrangement that would
> > also protect and serve the public interest.
>
> I agree that my duty is to act in the best interest of ICANN (and if you
> have reasons to believe that I have not done so until now, please let me
> know, so I can improve), I also agree that ICANN has to take into account
> also the public interest, but for the reason above I have serious doubts
> that data escrow is the best answer. Since the discussion is going on right
> now on the Board, maybe we could benefit from some input on this item.
>
> >
> > Perhaps we could encourage you to investigate the current
> > status of the data escrow project... it would certainly add
> > to our appreciation of ICANN's commitment to transparency if
> > project details could soon be released.
>
> Thanks for the encouragement ;>)
> But that's exactly what, not only myself, but the whole Board is doing right
> now. While staff is dealing with the practical issue, trying to reduce the
> grief for the registrants, and taking concrete action with the registrar,
> the Board is dealing with the general political issue. I do expect some
> statement soon. Also, we all know that this will be one of the hot topics at
> the Lisbon public forum, which is little more than 4 weeks away.
>
> Best regards,
> Roberto

Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 134k members/stakeholders strong!)
"Obedience of the law is the greatest freedom" -
   Abraham Lincoln

"Credit should go with the performance of duty and not with what is
very often the accident of glory" - Theodore Roosevelt

"If the probability be called P; the injury, L; and the burden, B;
liability depends upon whether B is less than L multiplied by
P: i.e., whether B is less than PL."
United States v. Carroll Towing  (159 F.2d 169 [2d Cir. 1947]
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