[PC-NCSG] Fwd: [Gnso-impl-thickwhois-rt] Thick Whois IRT letter to GNSO Council

Sat Dec 3 15:11:19 EET 2016

Hi,

I periodically keep sending updates about progress of the implementation of the ?thick? whois Consensus Policy to the Policy Committee list, particularly concerning progress on the identification of issues regarding how privacy/data protection laws may present problems with the policy.

Back when there was still a PDP WG working on this, it recommended that a legal review be done during implementation to identify conflicts with privacy/data protection laws that the PDP WG failed to identify and mitigate against. Last year, a memo was produced by ICANN Legal detailing their findings. I don?t have a copy handy, but am pretty sure that I sent one to this list at the time. I?ll try to find another one, and repost, but thought this update is also interesting.

The Implementation Review Team is preparing to report to the GNSO Council that there are still outstanding issues in a changing legal landscape, which are not being ignored by the IRT. I think the attached letter does a good job of raising these concerns.

Also noteworthy is that there is an open public comment period on the Consensus Policy transitioning ?thin? registries to ?thick? here: https://www.icann.org/public-comments/proposed-implementation-gnso-thick-rdds-whois-transition-2016-10-26-en <https://www.icann.org/public-comments/proposed-implementation-gnso-thick-rdds-whois-transition-2016-10-26-en>. The deadline to submit comments is December 15th, and we discussed this briefly on last week?s NCSG monthly call. Mindful that this policy is in the implementation phase of its lifecycle, and not the development, I don?t really have much more to add to what this letter says, but thought I?d share in case others feel differently.

Note that the GNSO now has new processes such as the Expedited PDP or GGP (GNSO Guidance Process), which may be used to revisit some of these issues, if the GNSO Council deems it necessary to do so. However, I believe that in the absence of the necessary legal expertise on this, any new effort will end up being as inconclusive as every other one has in the past (including the EWG).

Wasn?t there a mention of EU Data Commissioners attending the next ICANN meeting? If that is the case, is this something folks would like to share with them in advance (as in now)?

Anyway?, just thought to give you all a heads-up.

Thanks.

Amr

> Begin forwarded message:
> 
> From: "Metalitz, Steven" <met at msk.com>
> Subject: [Gnso-impl-thickwhois-rt] Thick Whois IRT letter to GNSO Council
> Date: December 2, 2016 at 5:22:16 PM GMT+2
> To: 'Dennis Chang' <dennis.chang at icann.org>, "gnso-impl-thickwhois-rt at icann.org" <gnso-impl-thickwhois-rt at icann.org>
> 
> Fellow IRT members,
>  
> As discussed on our call on Tuesday, attached please find a final draft version of the letter to GNSO Council.  It corrects typos, adds a couple of citations, and mentions that our transition plan is currently out for public comment. 
>  
> As I understand it, Dennis will now set a deadline for any further comments or statements of support, and will then put the letter in the appropriate format for transmittal to GNSO council. 
>  
> Thanks to all for your contributions. 
>  
> Steve Metalitz 
>   
>  
> 
> Steven J. Metalitz | Partner, through his professional corporation
> T: 202.355.7902 | met at msk.com <mailto:met at msk.com>
> Mitchell Silberberg & Knupp LLP | www.msk.com <http://www.msk.com/>
> 1818 N Street NW, 8th Floor, Washington, DC 20036
>  
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>  
> From: Dennis Chang [mailto:dennis.chang at icann.org <mailto:dennis.chang at icann.org>] 
> Sent: Tuesday, November 22, 2016 6:03 PM
> To: gnso-impl-thickwhois-rt at icann.org <mailto:gnso-impl-thickwhois-rt at icann.org>
> Cc: Metalitz, Steven; Michelle DeSmyter
> Subject: Thick Whois IRT Meeting Agenda: 20161129
>  
> Dear Thick Whois IRT,
>  
> The agenda for our next meeting has been posted on the IRT Wiki page and provided below for your convenience
> https://community.icann.org/display/TWCPI/Thick+Whois+IRT+Meetings%3A+Agenda+and+Minutes <https://community.icann.org/display/TWCPI/Thick+Whois+IRT+Meetings%3A+Agenda+and+Minutes>
>  
>  
> 29 November 2016
> Agenda:
> Draft memo to GNSO Council regarding Privacy (Mark Anderson email 26 August 2016)
> Complete IRT discussion
> Gather IRT support to send the memo to GNSO council
> Next Steps
>  
>  
> As we agreed at our last IRT meeting, Steve Metalitz is holding the pen on the draft memo.
> Please provide him with your comments as soon as you can.
>  
> Steve,
> If you could distribute the updated memo before the meeting, Michelle can upload it to the AC Room for us to use for the meeting.
>  
>  
> ? 
> Kind Regards,
> Dennis S. Chang
> GDD Services & Engagement Program Director
> +1 213 293 7889
> Skype: dennisSchang
> www.icann.org <http://www.icann.org/>   "One World, One Internet"
>  
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