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Subject:
From:
Katitza Rodriguez <[log in to unmask]>
Reply To:
Date:
Thu, 8 Jul 2010 10:04:03 -0700
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Indeed. +1

> Hi Kim,
>
> As a Brazilian-Canadian (and user of CIRA's services) I was unaware of
> this change (sloppy me). Shocking indeed, as I used to refer to CIRA's
> policy as an example of fair practice on the issue.
>
> Great to know that you will join the review team!
>
> frat rgds
>
> --c.a.
>
> Kim G. von Arx wrote:
>> All:
>>
>> I forgot to add that after I had left CIRA (about 3 years ago) and the
>> senior management at CIRA changed completely, CIRA decided to change the
>> privacy and WHOIS policy significantly again which included an
>> unsupervised backdoor to law enforcement etc.  This development resulted
>> in a lot of criticisms and disappointments by consumer and privacy
>> groups.  Therefore, the current CIRA privacy and whois policy is
>> different from the one that I had introduced and implemented a few years
>> back.
>>
>> Kim
>>
>>
>>
>>
>> On 8 Jul 2010, at 12:04, Kim G. von Arx wrote:
>>
>>> Hi Milton et al:
>>>
>>> I would be excited to take on the responsibilities to review, advise
>>> on, and assist in the implementation of a WHOIS policy that is mutually
>>> acceptable to all stakeholders of ICANN.  I am certainly aware that the
>>> views diverge widely, but I am confident that the review team, as a
>>> cohesive group, can reach a consensus that will appease all groups to a
>>> large extent.  Of course, no solution will be able to cater to
>>> everyone's needs and that, I would submit, is not the goal, but to find
>>> an equitable balance among the various views, needs, and desires.  I am
>>> certainly aware that the WHOIS has been under review and in discussions
>>> at ICANN for quite a few years now due to many reasons including the
>>> strong lobbying groups from the commercial interest and law enforcement
>>> side.
>>>
>>> I believe that the subject matter and purpose of the review team will
>>> combine my passion and desire for creating a better domain name system
>>> for all stakeholders with my professional experiences and skills that I
>>> have acquired throughout my career.
>>>
>>> My most relevant experience for this particular issue at hand is my
>>> time as the General Counsel, Director of Policy Development, and
>>> Corporate Secretary at the Canadian Internet Registration Authority.
>>> During my time at CIRA, I had the great fortune of having seen the
>>> introduction of a privacy framework for the private sector in Canada
>>> (which was largely based on the EU privacy directive).  I was
>>> responsible for ensuring CIRA's full compliance with the privacy regime
>>> which included a complete revamping of the WHOIS policy.  The entire
>>> process took well over 2 years and involved 3 public consultations and
>>> numerous discussions with many competing stakeholders such as IP rights
>>> holders, law enforcement, regulatory bodies, consumer groups, and
>>> privacy advocates/bodies.  The views were all over the spectrum and it
>>> was a precarious balancing act to find a mutually agreeable position
>>> which protected CIRA's individual registrants effectively, but at the
>>> same time, provided accept
> able avenues to the other groups to meet their enforcement needs.  The
> most active and strongest submissions and views were from the IP rights
> holders, law enforcement, and regulatory bodies and as such it was
> important to temper those views to adequately address the needs of the
> consumer and privacy groups.
>>>
>>> CIRA's and my position with respect to WHOIS information was, generally
>>> speaking, that for individual registrants, there should be the option
>>> for the registrant to have his/her information remain private.  I
>>> believe that there are sufficient legal avenues for law enforcement,
>>> regulatory bodies, and IP groups to have access to that information.
>>> Having said that, however, there may be a need to expedite that "access
>>> process", but it should be a privilege and NOT a right to do so and
>>> that privilege must have proper checks and balances in place to avoid
>>> abuse of the process.
>>>
>>> I presented CIRA's WHOIS policy and the privacy policy in general at a
>>> number of venues including at CENTR and an NCSG-NCUC organized privacy
>>> talk which was organized by Kathryn Kleiman.
>>>
>>> Let me know if you have any further questions or comments about my
>>> suitability for the WHOIS policy review team.
>>>
>>>
>>> Best wishes,
>>>
>>> Kim
>>>
>>>
>>>
>>> On 8 Jul 2010, at 11:35, Milton L Mueller wrote:
>>>
>>>> Kim
>>>> Can you tell us more about how you approach the Whois issue and why
>>>> you want to be on the review team? If I don't have to apply, I won't.
>>>> --MM
>>>>
>>>>> -----Original Message-----
>>>>> From: NCSG-NCUC [mailto:[log in to unmask]] On Behalf
>>>>> Of
>>>>> Kim G. von Arx
>>>>> Sent: Thursday, July 08, 2010 11:07 AM
>>>>> To: [log in to unmask]
>>>>> Subject: Re: [NCSG-NCUC-DISCUSS] candidates for review teams.
>>>>>
>>>>> I just submitted my application.
>>>>>
>>>>>
>>>>> Kim
>>>>>
>>>>>
>>>>> On 8 Jul 2010, at 09:38, Avri Doria wrote:
>>>>>
>>>>>> Hi,
>>>>>>
>>>>>> I have seen a few people announce their interest in the NCSG
>>>>>> candidate
>>>>> slot, but have not seen any full applications come through the
>>>>> defined
>>>>> process yet.
>>>>>> http://www.icann.org/en/reviews/affirmation/call-for-applicants-2-and-
>>>>> 4-en.htm
>>>>>> We need full applicants in order to recommend a candidate.
>>>>>>
>>>>>> So if you really want your name to be put forward, please fill out
>>>>>> the
>>>>> applications.
>>>>>> thanks
>>>>>>
>>>>>> a.
>>>>>>
>>>>>> PS.  If I am wrong and you have submitted a full application, please
>>>>> let the list know and point to it.  I would note that none are
>>>>> showing
>>>>> on the GNSO page dedicated to the subject:
>>>>>> http://gnso.icann.org/aoc-reviews/
>>
>
> --
>
> Carlos A. Afonso
> CGI.br (www.cgi.br)
> Nupef (www.nupef.org.br)
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