[PC-NCSG] Fwd: Fwd: Call for Volunteers for Implementation Advisory Group to Review Existing ICANN Procedure for Handling WHOIS Conflicts with Privacy Laws

[Stephanie Perrin]

why is this coming out prior to the decision re EWG PDPs???  just 
asking....and yes, I have to volunteer...
Stephanie


-------- Original Message --------
Subject: 	Fwd: Call for Volunteers for Implementation Advisory Group to 
Review Existing ICANN Procedure for Handling WHOIS Conflicts with 
Privacy Laws
Date: 	Tue, 14 Oct 2014 19:20:41 -0500
From: 	Carlton Samuels <carlton.samuels at gmail.com>
To: 	Stephanie Perrin <stephanie.perrin at mail.utoronto.ca>, 
"Michael.Niebel at ec.europa.eu" <Michael.Niebel at ec.europa.eu>, Michele 
Neylon <michele at blacknight.ie>



Maybe we should volunteer as a group?

CAS

==============================
Carlton A Samuels
Mobile: 876-818-1799
/Strategy, Planning, Governance, Assessment & Turnaround/
=============================


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 <mailto: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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