[bc-gnso] Request to ICANN re Extension of GDPR Compliance Models Public Comment Period

Steve DelBianco sdelbianco at netchoice.org
Mon Jan 29 23:11:41 UTC 2018

ICANN will not extend the comment deadline on GDPR-compliant Whois models (see below).

Thankfully we anticipated this reply, and will finalize and submit our comment on the models later today.  Please see the other list thread for final comment resolution.

From: Theresa Swinehart <theresa.swinehart at icann.org>
Date: Monday, January 29, 2018 at 5:35 PM
To: Brian Winterfeldt <Brian at Winterfeldt.law>
Cc: Goran Marby <goran.marby at icann.org>, Cassia Oliveira <cassia.oliveira at icann.org>, Steven DelBianco <sdelbianco at netchoice.org>
Subject: [Ext] Request to ICANN re Extension of GDPR Compliance Models Public Comment Period

Dear Brian,

Thank you for the notes requesting an extension. As you may be aware, we are receiving significant input from a wide range of stakeholders over the past days, a full list can be found at: https://www.icann.org/resources/pages/gdpr-legal-analysis-2017-11-17-en and we are updating this continuously. In checking on submissions, I noticed that the IPC has also submitted comments today, which are much appreciated.

With regards to an extension, unfortunately, we are unable to provide an extension. We would encourage you to provide any additional input as soon as possible, and would welcome to hear from you how you’d like to proceed as feedback is important.

By the way, I noticed that your note below did not go to GDPR at ICANN.org<mailto:GDPR at ICANN.org>. If you wish it to be posted, let us know and we can send it to that address for posting.

We look forward to seeing you and everyone in Los Angles later this week.

Kind regards,


From: Brian Winterfeldt <Brian at Winterfeldt.law>
Date: Sunday, January 28, 2018 at 12:20
To: Goran Marby <goran.marby at icann.org>
Cc: Steve DelBianco <sdelbianco at netchoice.org>
Subject: [Ext] Request to ICANN re Extension of GDPR Compliance Models Public Comment Period

January 28, 2018

Dear Goran:

The Business Constituency (BC) and Intellectual Property Constituency (IPC) respectfully request that ICANN Org extend the community input period on the ICANN-Proposed GDPR Compliance Models, which is currently set to close on January 29, 2018. We request an additional two weeks, with a new comment deadline of February 12, 2018, to provide additional opportunity for the community to provide input and to bring the public comment period into conformity with the standard 40-day comment period that ICANN generally employs.

This complex issue requires careful, dutiful consideration by all affected community members and stakeholders, including global business owners that expect to see significant impact from the adoption of an interim GDPR compliance model in terms of the accessibility of WHOIS data. In addition, we received confirmation on January 24, 2018 from you and John Jeffrey that we could use this comment period to provide input relating to the five community-proposed models, in addition to the three ICANN-proposed models, which was not made clear in the original call for community input issued on January 12, 2018. As a result, we believe additional time is warranted and necessary to integrate our thoughts about all eight models and ensure our input is as comprehensive and useful as possible.

We note from your blog published on January 25, 2018 that you acknowledge the need to provide for further opportunities to solicit community understanding and feedback, and we welcome the opportunity to participate in the webinar scheduled for February 2, 2018 to solicit additional community views on this topic. (https://www.icann.org/news/blog/data-protection-privacy-update-status-of-model-selection-and-webinar[icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_news_blog_data-2Dprotection-2Dprivacy-2Dupdate-2Dstatus-2Dof-2Dmodel-2Dselection-2Dand-2Dwebinar&d=DwMFAg&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=W-_OkQQwhKn898NIlgvGuUTNiO7-nEQecuC3xuoFiAY&m=xAdT-b890TVqB0eQU1b7LRkKfPWD09yh7muSF3B6bRI&s=UQ4jZ2JNbVxYwMbGogBA_X_ewya-JYvw52yJ92ALbSY&e=>) We would respectfully point out that the public comment opportunity should extend past the date of the scheduled webinar for community input, and that ICANN should further extend their consideration period to late February.

Thank you for your quick acknowledgement and consideration of this request.


Business Constituency
Intellectual Property Constituency

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