[bc-gnso] GAC Communicque from ICANN61 - San Juan

[Steve DelBianco]

The GAC Communique from ICANN61 is here<https://gac.icann.org/advice/communiques/public/20180315_icann61%20gac%20communique_final.pdf>.

Below are excerpts of “GAC consensus advice” on issues of high interest to the BC .

Regarding GDPR:
The GAC reiterates its previous advice, including the Abu Dhabi Communiqué, to maintain, to the greatest extent possible, the current structure of the WHOIS, while ensuring full and timely compliance with GDPR.

The GAC does not envision an operational role in designing and implementing the proposed accreditation programs but reiterates its willingness to advise the Board and engage with ICANN Org and the community on the development of codes of conduct from a public policy perspective.

The GAC notes the opportunity for individual governments, if they wish to do so, to provide information to ICANN on governmental users to ensure continued access to WHOIS. Regarding the proposed draft interim model, consistent with the GAC’s comments to ICANN filed on March 8, 2018,
a. the GAC advises the ICANN Board to instruct the ICANN Organization to:
i. Ensure that the proposed interim model maintains current WHOIS requirements to the fullest extent possible;
ii. Provide a detailed rationale for the choices made in the interim model, explaining their necessity and proportionality in relation to the legitimate purposes identified;
iii. In particular, reconsider the proposal to hide the registrant email address as this may not be proportionate in view of the significant negative impact on law enforcement, cybersecurity and rights protection;
iv. Distinguish between legal and natural persons, allowing for public access to WHOIS data of legal entities, which are not in the remit of the GDPR;
v. Ensure continued access to the WHOIS, including non-public data, for users with a legitimate purpose, until the time when the interim WHOIS model is fully operational, on a mandatory basis for all contracted parties;
vi. Ensure that limitations in terms of query volume envisaged under an accreditation program balance realistic investigatory cross- referencing needs; and
vii. Ensure confidentiality of WHOIS queries by law enforcement agencies.
Furthermore,
b. the GAC advises the ICANN Board to instruct the ICANN Organization to:
i. Complete the interim model as swiftly as possible, taking into account the advice above. Once the model is finalized, the GAC will complement ICANN’s outreach to the Article 29 Working Party, inviting them to provide their views;
ii. Consider the use of Temporary Policies and/or Special Amendments to ICANN’s standard Registry and Registrar contracts to mandate implementation of an interim model and a temporary access mechanism; and
iii. Assist in informing other national governments not represented in the GAC of the opportunity for individual governments, if they wish to do so, to provide information to ICANN on governmental users to ensure continued access to WHOIS

Rationale includes:
ICANN’s new interim proposal suggests significant changes to the WHOIS system, including masking several categories of previously public information.


Regarding .AMAZON:
The GAC received an update from several of its members regarding the proposal submitted by Amazon.com at ICANN 60. The GAC understands that member governments of the Amazon Cooperation Treaty Organization (ACTO) have established a process for analyzing the proposal, and that this analysis is progressing. The GAC was informed that Amazon.com and Board members have made themselves available to assist if requested.

The GAC considered Board Resolutions 2017.10.29.02 and 2017.10.29.03. The GAC decided, in a spirit of good cooperation, to reply to the Board’s request for any additional information the GAC wishes to provide regarding the .amazon case. The GAC’s letter to the Board is attached to this Communique.


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