Hi Roy,

Well done.

I'm particularly happy with your pointed comments and attachment
highlighting the deficiencies of the  Safe Harbour agreement. It's
particularly hard for small and noncommercial users to enforce the
agreement. I'm currently involved with a group here in the United Kingdom
attempting to get ipardadigm, a U.S. company that has self certified, to be
brought into actual compliance with SH. Enforcement in the USA, as required
under SH,  is not an easy task for those without footprints in both
jurisdictions.

Our problems with ipardigm are with a company  that belongs within the SH
framework; data transfer with third countries not part of SH are even more
difficult and generally prohibited absent certain high standards. Frankly,
complying with the Notice and Choice requirements within SH as well as much
of Directive article 25 worldwide is virtually impossible in an open,
global,  rapid response data sharing environment as envisioned by current
Thick Whois proposals. Thanks, Roy, for making all of this self evident.

As the elected representative for North America on the NCUC EC I proudly
endorse Roy's work and urge my Committee members to do the same with great
urgency.

Thanks are also due Avri for proposing endorsement of Roy's NCUC work by
the NCSG PC. Work begun at the Constituency level and endorsed by the SG PC
is a powerful combination and proof of the vibrancy of the bottom up policy
development process we all believe in. I hope you are successful in your
efforts.

Roy, thanks again for your hard work on behalf of us all. It is very much
appreciated.



Edward Morris



On Tue, Feb 19, 2013 at 5:33 PM, Balleste, Roy <[log in to unmask]> wrote:

>  Dear colleagues,****
>
> ** **
>
> Please see the attached annex statement on privacy and data protection.  I
> will appreciate suggestions, changes, modifications, etc.  The privacy-data
> protection sub group of the ‘thick’ Whois Working Group will meet again
> tomorrow.  Tomorrow I will be submisting this Annex document as an
> individual (although I do not claim full credit for this document)pending endorsement by the NCUC (see
> attachments).  The thick’ Whois WG is ready to move forward and this may be
> the last chance that we have to emphasize the challenges surrounding
> privacy and data protection.  This document, preferably, needs to be made
> available to the full WG by next week, Tuesday.****
>
> ** **
>
> ** **
>
> *Roy Balleste, J.S.D.*
>
> *Law Library Director*
>
> *Professor of Law*
>
> *St. Thomas University*
>
> *16401 NW 37th Avenue*
>
> *Miami Gardens, FL 33054  USA*
>
> *1-305-623-2341*
>
> * *
>