[council] WHOIS Conflicts with Local Law - Alternate Triggers

[Heather Forrest]

Dear Keith,

Thank you very much indeed for taking the lead on this initiative.

Paul and I appreciate the alternatives you have set out and are taking
input from our IPC colleagues. We're aiming to offer a substantive reply no
later than this Friday to ensure this gets across the line by the 20th
document deadline.

Best wishes,

Heather

On Sat, Nov 11, 2017 at 4:53 AM, Drazek, Keith via council <
council at gnso.icann.org> wrote:

>
>
> Hello fellow Councilors,
>
>
>
> As discussed in Abu Dhabi, I’m re-surfacing the previously drafted motion
> (thanks Marika) and some proposed language for consideration at our
> November Council meeting.
>
>
>
> We need to respond to Akram’s letter on this topic. It could either be via
> a motion or in a letter response.
>
>
>
> Substantively, here are two options:
>
>
>
> Alternate Trigger #1: Written Legal Opinion
>
>
>
> In the absence of a Whois Proceeding, a registry or registrar may present
> to ICANN a written legal opinion from a nationally recognized law firm or
> attorney in good standing that identifies any portion of the collection,
> retention, display or dissemination of any data element specified by the
> ICANN contract in question violates or is likely to violate applicable law,
> statute or regulation.  Such written opinion shall identify the
> provision(s) of the ICANN contract in question that are identified to be in
> conflict and the manner in which the registry or registrar, by fulfilling
> the terms of the contract, is likely to violate applicable law, statute or
> regulation.
>
>
>
> Alternate Trigger #2: Previously granted waiver
>
>
>
> If (i) it was previously determined that a provision in the RA, RAA or
> other contractual obligation conflicted with applicable law, statute, or
> regulation such that ICANN granted an exception under the terms of this
> Procedure and (ii) the registry or registrar is subject to the same
> applicable law, statute, or regulation, then the registry or registrar may
> request the same exception. Such request shall be granted by ICANN unless
> ICANN provides reasonable justification for not granting the request, in
> which case the registry or registrar may utilize another trigger.
>
>
>
> Thanks and regards,
>
> Keith
>
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>
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