[menog] FW: ICANN News Alert -- Call for Volunteers for Implementation Advisory Group to Review Existing ICANN Procedure for Handling WHOIS Conflicts with Privacy Laws

Wed Oct 15 09:05:15 UTC 2014

Thank you Fahd for keeping us updated

On Wed, Oct 15, 2014 at 10:19 AM, Saleh, Mohammed <msaleh at efg-hermes.com>
wrote:

>  Dear all,
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> *From:* menog-bounces at lists.menog.org [mailto:
> menog-bounces at lists.menog.org] *On Behalf Of *Fahd Batayneh
> *Sent:* Wednesday, October 15, 2014 9:12 AM
> *To:* MENOG
> *Subject:* [menog] FW: ICANN News Alert -- Call for Volunteers for
> Implementation Advisory Group to Review Existing ICANN Procedure for
> Handling WHOIS Conflicts with Privacy Laws
>
>
>
> FYI… For those interested in the handling of WHOIS conflicts with privacy
> laws, a call for volunteers to join the Implementation Advisory Group.
>
>
>
> Fahd Batayneh
>
> ICANN
>
>
>
> *Sent:* Wednesday, October 15, 2014 1:44 AM
> *Subject:* ICANN News Alert -- Call for Volunteers for Implementation
> Advisory Group to Review Existing ICANN Procedure for Handling WHOIS
> Conflicts with Privacy Laws
>
>
>
> [image: ICANN] <http://www.icann.org/>
> News Alert
>
> https://www.icann.org/news/announcement-2014-10-14-en
>  ------------------------------
>  Call for Volunteers for Implementation Advisory Group to Review Existing
> ICANN Procedure for Handling WHOIS Conflicts with Privacy Laws
>
> 14 October 2014
> In Brief
>
> ICANN seeks volunteers to serve on an Implementation Advisory Group (IAG)
> to review and suggest potential changes to the implementation of the ICANN
> Procedure for Handling WHOIS Conflicts with Privacy Laws
> <https://www.icann.org/resources/pages/whois-privacy-conflicts-procedure-2008-01-17-en>
> (the Procedure.)
> What This Team Will Do
>
> The IAG will work with ICANN staff on reviewing the current steps of the
> Procedure and identifying possible changes to the procedure to facilitate
> resolution of issues where WHOIS requirements conflict with applicable
> laws. The IAG is expected to explore whether any of the Procedure's
> elements ought to be amended in order to strike this balance. Any
> recommended changes made will need to be in line with the Procedure's
> underlying policy, which was adopted by the GNSO Council in 2005
> <http://gnso.icann.org/en/issues/whois-privacy/council-rpt-18jan06.htm>.
> As a result, recommended changes to the implementation of the procedure, if
> any, will be shared with the GNSO Council to ensure that these do not
> conflict with the intent of the original policy recommendations.
> How This Team Will Work
>
> Like other ICANN working groups, the Implementation Advisory Group will
> use transparent, open processes. The meetings of the IAG are expected to
> take place via conference calls which will be recorded, and the recordings
> will be available to the public. Initially, it is expected the group will
> meet once every two weeks, but the IAG will then determine its preferred
> schedule and methodology. The mailing list for the IAG will be archived
> publicly. Observers are welcome to join the mailing list to monitor the
> discussions. These observers will receive emails from the group, but will
> not be able to post messages or attend meetings. IAG members are expected
> to submit Statements of Interest (SOI
> <https://community.icann.org/display/gnsosoi/New+SOIs>). The group will
> collaborate using a public workspace.
> How To Join
>
> ICANN invites interested parties to join the IAG, which will be open to
> anyone interested to join. ICANN urges interested community members willing
> to work on this initiative and with a range of views to join and contribute
> to the group's work. As noted above, you can join the IAG either as a
> member or an observer. Please contact whois-iag-volunteers at icann.org if
> you wish to join the IAG.
> Background
>
> In November 2005, the Generic Names Supporting Organization (GNSO)
> concluded a policy development process (PDP) on WHOIS conflicts with
> privacy law which recommended
> <http://gnso.icann.org/en/issues/whois-privacy/council-rpt-18jan06.htm>
> that "In order to facilitate reconciliation of any conflicts between
> local/national mandatory privacy laws or regulations and applicable
> provisions of the ICANN contract regarding the collection, display and
> distribution of personal data via the gTLD WHOIS service, ICANN should:
>
>    1. Develop and publicly document a procedure for dealing with the
>    situation in which a registrar or registry can credibly demonstrate that it
>    is legally prevented by local/national privacy laws or regulations from
>    fully complying with applicable provisions of its ICANN contract regarding
>    the collection, display and distribution of personal data via WHOIS.
>    2. Create goals for the procedure which include:
>
>
>     1. Ensuring that ICANN staff is informed of a conflict at the
>       earliest appropriate juncture;
>       2. Resolving the conflict, if possible, in a manner conducive to
>       ICANN's Mission, applicable Core Values, and the stability and uniformity
>       of the WHOIS system;
>       3. Providing a mechanism for the recognition, if appropriate, in
>       circumstances where the conflict cannot be otherwise resolved, of an
>       exception to contractual obligations to those registries/registrars to
>       which the specific conflict applies with regard to collection, display and
>       distribution of personally identifiable data via WHOIS; and
>       4. Preserving sufficient flexibility for ICANN staff to respond to
>       particular factual situations as they arise".
>
> The ICANN Board adopted the recommendations in May 2006 and the final
> Procedure was made effective in January 2008. Although to date no registrar
> or registry operator has formally invoked the Procedure, concerns have been
> expressed both by public authorities as well as registrars and registry
> operators concerning potential conflicts between WHOIS contractual
> obligations and local law.
>
> Given that the WHOIS Procedure has not been invoked and yet numerous
> concerns have arisen from contracted parties and the wider community, ICANN
> launched a review as part of the Procedure. The review was launched with
> the publication of a paper for public comment on 22 May 2014
> <https://www.icann.org/public-comments/whois-conflicts-procedure-2014-05-22-en>.
> The paper outlined the Procedure's steps and invited public comments on a
> series of questions. The body of public comment was analyzed by ICANN
> staff, and the proposed next step is the formation of an IAG to consider
> changes to how the Procedure is enacted and used. ICANN staff found common
> themes among some of the suggestions in the public comments, which may
> allow for changes to implementation of the Procedure in line with the
> underlying policy.
>
> On 22 September 2014, the GAC noted
> <https://www.icann.org/en/system/files/correspondence/dryden-to-crocker-23sep14-en.pdf>
> [PDF, 55 KB] that the issues around the WHOIS Conflicts with National Law
> Procedure warrant further time and attention, as they touch on significant
> public policy matters associated with national laws and the legitimate uses
> of WHOIS data. The IAG is open to participation and GAC members and other
> government stakeholders are encouraged to take part in the group to
> contribute to advancement of the work in this area.
>
> The IAG's recommendation will then be shared with the GNSO Council to
> determine the next steps.
>
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