Harold,

The WHOIS Task Force has already put forward a strong
Operational Point of Contact proposal that is
supported by this constituency, so we aren't "beating
something with nothing".  

Further, your contention that there is a "core group
utterly unwilling to compromise" is unsupported by
fact.  The competing Special Circumstances proposal in
the WHOIS report draws heavily upon the .nl model that
respects privacy concerns as iterated within the
European Union -- this is a significant concession on
the part of the IP interests that introduced the
proposal.

I also disagree with your strategic assessment as
constant unflagging opposition yields nothing more
than a continuation of the status quo (and that fails
to serve our constituent interest).

best wishes,
Danny


--- Harold Feld <[log in to unmask]> wrote:

> Danny:
> 
> I think it is important to appreciate the strategic
> value of the 
> proposal.  There is an old saying that "you can't
> beat something with 
> nothing."
> 
> The brilliance of the proposal is that it has given
> our side and our 
> sympathizers a concrete and real proposal to push
> back against the 
> parties opposing our interests.  This is critical as
> it allows us to 
> shift to a more proactive approach.  As the counter
> proposal gains 
> momentum, it becomes a basis for discussion and
> requires those 
> pushing their own proposals to offer concessions and
> modifications in response.
> 
> You raise some legitimate concerns with regard to
> substance, 
> particularly the concern that registrars will have
> freedom to sell 
> the information.  These can, and should, be worked
> out more 
> fully.  But I do not think your criticism that this
> is 
> "confrontational" is valid.  Strategically, the
> situation has clearly 
> become one where there is a core group utterly
> unwilling to 
> compromise and willing to use every possible
> mechanism to recapture 
> the advantage.  If we desire a positive policy
> outcome, we must 
> employ effective strategies to prevent this core
> group from achieving 
> *their* strategies.  As always, the battle of
> persuasion is fought 
> for the middle ground audience.
> 
> I applaud Avri, Wendy and Robin for their initiative
> and strategic 
> acumen.  To the extent improvements to the proposal
> are suggested, 
> they should likewise seek to forward the
> Constituency's overall 
> strategic goals.
> 
> Harold
> 



 
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