On 10/30/2011 03:58 PM, Milton L Mueller wrote:
> Wendy: Yes, that signal seems increasingly important given the GAC's
> actions in Dakar. From reading the transcript, it appeared to me that
> the GAC was saying that they could dictate policy to the registrars
> and that it didn't need to go through a GNSO policy process. Was that
> impression correct? Not being in Dakar, I cannot judge the
> atmospherics - did the Board or the Registries and registrars seem
> inclined to accept that dictate?
> 
> I hope not, obviously, but reading the resolution below, I come away
> with a far less optimistic interpretation than you all seem to have.
> I see the Board bowing to the GAC's pressure and instructing the
> negotiations on the RAA to include the LEA recommendations -
> regardless of whether they survive the policy making process.

I think we'll have to keep pushing. My optimism is not absolute, but
relative to the GAC-GNSO meeting, when the GAC appeared unwilling to
engage in ICANN processes other than Advice to the Board. I hear the
Board saying it will process GAC Advice, but also listen to ICANN's
bottom-up process (and will accept GAC Advice more readily if the GAC
has engaged with and gotten support from the GNSO).

> 
> Also, forgive me if this is a redundant request, but I need links to
> the basic documents we are dealing with here. Where are the LEA
> recommendations documented and stored? Where is the latest version of
> the RAA that we are working on? What other documents are relevant to
> this discussion?

The 12-point LEA proposals are included as Annex G to the Final Report
on RAA Improvements,
<http://gnso.icann.org/issues/raa/raa-improvements-proposal-final-report-18oct10-en.pdf>
(pp 133-138), as the GAC reminded ICANN in February
<http://www.icann.org/en/topics/new-gtlds/gac-board-law-enforcement-due-diligence-recommendations-21feb11-en.pdf>

Most of these, we could accept, but not the ones cracking down on
privacy and proxy services, requiring full verification of registrant
WHOIS data, and holding registrars liable for abuse.

NCSG Councilors voted for the report when it would all have been put
into negotiations with community participation; with that transparency
and participation removed, we were prepared to vote against.

--Wendy

-- 
Wendy Seltzer -- [log in to unmask]
Fellow, Yale Law School Information Society Project
Fellow, Berkman Center for Internet & Society at Harvard University
http://wendy.seltzer.org/
https://www.chillingeffects.org/
https://www.torproject.org/
http://www.freedom-to-tinker.com/