[NCSG-PC] Revised ICANN Procedure for Handling Whois Conflicts with Privacy Law: Assessment and Next Steps Now Available for Public Comment

Stephanie Perrin stephanie.perrin at mail.utoronto.ca
Fri May 5 17:13:31 EEST 2017


This sounds like a good plan Ayden.  I issued a dissent on this 
procedure, and will be happy to walk people through the process for this 
procedure, which the Registrars blocked at the GNSO because they know it 
won't work.  It has been an unusual process.....and there is supposed to 
be a new process starting in the fall, to come up with something different.

Stephanie


On 2017-05-05 07:33, Ayden Férdeline wrote:
> Hi Rafik,
>
> I was thinking of both.
>
> I think a standalone call is important to engage community members 
> with no background of the topic. I was thinking that Stephanie and I 
> (and others if interested) could provide the members on the call with 
> an introduction first to the issues at play, then walk them through 
> the comment, and ask focused questions to understand what members on 
> the call think. I cannot see this taking less than 60 minutes; if it 
> was a part of the PC call, it would dominate it. It would also show 
> that we are responsive to community concerns, given recent 
> conversations on the list that we do not engage the membership in our 
> comments.
>
> I am happy to update the PC on the policy call as well, but at a 
> higher-level and only taking 5-10 minutes up of the meeting.
>
> Best wishes,
>
> Ayden
>
>
>> -------- Original Message --------
>> Subject: Re: [NCSG-PC] Revised ICANN Procedure for Handling Whois 
>> Conflicts with Privacy Law: Assessment and Next Steps Now Available 
>> for Public Comment
>> Local Time: May 5, 2017 12:27 PM
>> UTC Time: May 5, 2017 11:27 AM
>> From: rafik.dammak at gmail.com
>> To: Ayden Férdeline <icann at ferdeline.com>
>> ncsg-pc <ncsg-pc at lists.ncsg.is>
>>
>> Hi Ayden,
>>
>> thanks for volunteering. sharing a first draft which can be used as a 
>> strawman is welcome.
>> we can schedule either a standalone call for this topic or put it as 
>> an agenda item for the next NCSG Policy Call in less than 2 weeks. I 
>> am in favor of the former option since it gives more time for 
>> discussion and presentation.
>>
>> Best,
>>
>> Rafik
>>
>> 2017-05-05 19:04 GMT+09:00 Ayden Férdeline <icann at ferdeline.com 
>> <mailto:icann at ferdeline.com>>:
>>
>>     Thanks for letting us know that this comment has opened, Rafik. I
>>     am happy to work on a first draft of this public comment over the
>>     weekend, and get it out to the NCSG list to see what other
>>     members think.
>>
>>     As there are still five weeks until comments are due, it seems
>>     like we might have time to schedule a brief call (for the NCSG
>>     membership) where I or others can walk people through the comment
>>     and see, on the call, if anyone has any suggested edits.
>>
>>     Best wishes,
>>
>>     Ayden
>>
>>
>>>     -------- Original Message --------
>>>     Subject: [NCSG-PC] Revised ICANN Procedure for Handling Whois
>>>     Conflicts with Privacy Law: Assessment and Next Steps Now
>>>     Available for Public Comment
>>>     Local Time: May 5, 2017 10:45 AM
>>>     UTC Time: May 5, 2017 9:45 AM
>>>     From: rafik.dammak at gmail.com <mailto:rafik.dammak at gmail.com>
>>>     To: NCSG-DISCUSS at listserv.syr.edu
>>>     <mailto:NCSG-DISCUSS at listserv.syr.edu>
>>>     <NCSG-DISCUSS at listserv.syr.edu
>>>     <mailto:NCSG-DISCUSS at listserv.syr.edu>>, ncsg-pc
>>>     <ncsg-pc at lists.ncsg.is <mailto:ncsg-pc at lists.ncsg.is>>
>>>
>>>     Hi all,
>>>
>>>     we have a new public comment open and I am sending this as a
>>>     call for volunteers who want to take the lead on drafting a
>>>     NCSG statement. It is a good opportunity for those with strong
>>>     interest on data protection.
>>>
>>>     I think that Stephanie participated in the group tasked to
>>>     discuss the Whois conflict with national laws and she can
>>>     probably share some background here.
>>>
>>>     Best,
>>>
>>>     Rafik
>>>
>>>     ---------- Forwarded message ----------
>>>
>>>
>>>     *From: *ICANN News Alert <no-reply at external.icann.org
>>>     <mailto:no-reply at external.icann.org>>
>>>     *Reply-To: *"no-reply at external.icann.org
>>>     <mailto:no-reply at external.icann.org>"
>>>     <no-reply at external.icann.org <mailto:no-reply at external.icann.org>>
>>>     *Date: *Thursday, May 4, 2017 at 01:30
>>>     *To: *Marika Konings <marika.konings at icann.org
>>>     <mailto:marika.konings at icann.org>>
>>>     *Subject: *[Ext] ICANN News Alert -- Revised ICANN Procedure for
>>>     Handling Whois Conflicts with Privacy Law: Assessment and Next
>>>     Steps Now Available for Public Comment
>>>
>>>
>>>     CANN[icann.org]
>>>     <https://urldefense.proofpoint.com/v2/url?u=http-3A__www.icann.org_&d=DwMFaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=7_PQAir-9nJQ2uB2cWiTDDDo5Hfy5HL9rSTe65iXLVM&m=FlLnWuWfHq02ox_3kxWHFf4D9p7Hlq8vaIH10JNTVvI&s=6V4WSfJlCvfGHagL0A61eO3gp0CdwQGAaDKw_lwpNWo&e=>
>>>
>>>
>>>
>>>         News Alert
>>>
>>>     https://www.icann.org/news/announcement-2017-05-03-en[icann.org]
>>>     <https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_news_announcement-2D2017-2D05-2D03-2Den&d=DwMFaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=7_PQAir-9nJQ2uB2cWiTDDDo5Hfy5HL9rSTe65iXLVM&m=FlLnWuWfHq02ox_3kxWHFf4D9p7Hlq8vaIH10JNTVvI&s=6Eivc2vwZqN_e1JXuWLbbADqE8SwODCZpZh_nucxv68&e=>
>>>
>>>     ------------------------------------------------------------------------
>>>
>>>
>>>         Revised ICANN Procedure for Handling Whois Conflicts with
>>>         Privacy Law: Assessment and Next Steps Now Available for
>>>         Public Comment
>>>
>>>     3 May 2017
>>>
>>>     LOS ANGELES – 3 May 2017 – The Internet Corporation for Assigned
>>>     Names and Numbers (ICANN) today published a paper, "Revised
>>>     ICANN Procedure for Handling Whois Conflicts with Privacy Law:
>>>     Assessment and Next Steps," for public comment.
>>>
>>>     *Read the Revised ICANN Procedure for Handling Whois Conflicts
>>>     with Privacy Law: Assessment and Next Steps[icann.org]
>>>     <https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_en_system_files_files_whois-2Dprivacy-2Dconflicts-2Dprocedure-2D03may17-2Den.pdf&d=DwMFaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=7_PQAir-9nJQ2uB2cWiTDDDo5Hfy5HL9rSTe65iXLVM&m=FlLnWuWfHq02ox_3kxWHFf4D9p7Hlq8vaIH10JNTVvI&s=AFF2DPSvZ3TgeLC-8lrmCCBUTDPwPef3SVwBvlXW0KI&e=>*
>>>     [PDF, 159 KB].
>>>
>>>     This paper is available for public comment through 12 June 2017.
>>>     Feedback will be incorporated into a report of public comments
>>>     and provided to the Generic Names Supporting Organization (GNSO)
>>>     Council for their review and consideration.
>>>
>>>     *Comment on the Revised ICANN Procedure for Handling Whois
>>>     Conflicts with Privacy Law: Assessment and Next Steps[icann.org]
>>>     <https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_public-2Dcomments_whois-2Dprivacy-2Dlaw-2D2017-2D05-2D03-2Den&d=DwMFaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=7_PQAir-9nJQ2uB2cWiTDDDo5Hfy5HL9rSTe65iXLVM&m=FlLnWuWfHq02ox_3kxWHFf4D9p7Hlq8vaIH10JNTVvI&s=q6EIeQotm2_QYjG4lebrrBkaHljOPA1SRCgXvOoCNVc&e=>*.
>>>
>>>     In accordance with the ICANN Procedure for Handling Whois
>>>     Conflicts with Privacy Law (Whois Procedure)[icann.org]
>>>     <https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_resources_pages_whois-2Dprivacy-2Dconflicts-2Dprocedure-2D2008-2D01-2D17-2Den&d=DwMFaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=7_PQAir-9nJQ2uB2cWiTDDDo5Hfy5HL9rSTe65iXLVM&m=FlLnWuWfHq02ox_3kxWHFf4D9p7Hlq8vaIH10JNTVvI&s=JVtDVVlkiVKJlfNhAHNYjoWK5MSHkcxOLn9mfm2Hb64&e=>,
>>>     this paper opens a review process to gather community input on
>>>     the effectiveness of the revised Whois Procedure, which was made
>>>     effective on 18 April 2017. Furthermore, as requested by the
>>>     GNSO Council, ICANN is publishing this paper to provide analysis
>>>     of and solicit community input on the practicality and
>>>     feasibility of the triggers, as well as suggestions for moving
>>>     forward with the review. Outputs from this assessment and
>>>     comment process are expected to inform the next periodic review
>>>     of the procedure.
>>>
>>>     The Whois Procedure has recently been updated, although no
>>>     ICANN-accredited registrar or registry operator to date has
>>>     formally invoked the procedure. As a result, this analysis is
>>>     based solely on community discussions and input received during
>>>     the previous review[gnso.icann.org]
>>>     <https://urldefense.proofpoint.com/v2/url?u=https-3A__gnso.icann.org_en_drafts_iag-2Dreview-2Dwhois-2Dconflicts-2Dprocedure-2D23may16-2Den.pdf&d=DwMFaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=7_PQAir-9nJQ2uB2cWiTDDDo5Hfy5HL9rSTe65iXLVM&m=FlLnWuWfHq02ox_3kxWHFf4D9p7Hlq8vaIH10JNTVvI&s=iA9BlMBg6D_w9aDcbBYK0tHeze09v7D_jlxJiE932k0&e=>
>>>     [PDF, 155 KB], which related to allowing for evaluation of an
>>>     additional trigger for invoking the procedure. It also draws
>>>     upon ICANN's experience administering other processes where a
>>>     contracted party is seeking ICANN's approval for new services,
>>>     or waiving certain contractual requirements, as a point of
>>>     comparison for the implementation of the procedure.
>>>
>>>
>>>           About ICANN
>>>
>>>     /ICANN's mission is to help ensure a stable, secure and unified
>>>     global Internet. To reach another person on the Internet, you
>>>     have to type an address into your computer - a name or a number.
>>>     That address has to be unique so computers know where to find
>>>     each other. ICANN helps coordinate and support these unique
>>>     identifiers across the world. ICANN was formed in 1998 as a
>>>     not-for-profit public-benefit corporation and a community with
>>>     participants from all over the world. ICANN and its community
>>>     help keep the Internet secure, stable and interoperable. It also
>>>     promotes competition and develops policy for the top-level of
>>>     the Internet's naming system and facilitates the use of other
>>>     unique Internet identifiers. For more information please visit:
>>>     www.icann.org[icann.org]
>>>     <https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_&d=DwMFaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=7_PQAir-9nJQ2uB2cWiTDDDo5Hfy5HL9rSTe65iXLVM&m=FlLnWuWfHq02ox_3kxWHFf4D9p7Hlq8vaIH10JNTVvI&s=W1cz9M9nk_PfKsxr4Zt6P_5CLDlAKZTsgrAVo_569x8&e=>./
>>>
>>>
>>
>
>
>
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