[Gnso-impl-thickwhois-rt] Follow-up regarding the transition discussions in Dublin

[Fabien Betremieux]

Dear IRT Members,

Following our meeting in Dublin, there were two items ICANN wanted to follow
up on related to the transition from thin to thick Whois.

1) Legal Review Memo: in response to Marc Anderson¹s question regarding the
status of the legal review memo required by policy recommendation 3, we
would like to confirm that the memo published on 8 June 2015, discussed
during the subsequent IRT meetings on 24 June (ICANN 53) and 4 August 2015,
fulfills the portion of recommendation #3 which requires that ³As part of
the implementation process a legal review of law applicable to the
transition of data from a thin to thick model that has not already been
considered in the EWG memo is undertaken and due consideration is given to
potential privacy issues that may arise from the discussions on the
transition from thin to thick Whois, including, for example, guidance on how
the long-standing contractual requirement that registrars give notice to,
and obtain consent, from each registrant for uses of any personally
identifiable data submitted by the registrant should apply to registrations
involved in the transition.²

2) Transition from Thin to Thick: Joe Waldron questioned whether the recent
data privacy law developments in Russia and the EU would warrant referring
the matter back to the GNSO given that their impact may go beyond the scope
of the policy recommendations, and considering policy recommendation 3 which
states "Should any privacy issues emerge from these transition discussions
that were not anticipated by the WG and which would require additional
policy consideration, the Implementation Review Team is expected to notify
the GNSO Council of these so that appropriate action can be taken². This is
an interesting question, and it seems the IRT may want to discuss this
notion. If that is the case, please let ICANN know and we can schedule a
call for that discussion or you can have it on the mailing list.

Best Regards
--
On behalf of the Implementation Project Team

Fabien Betremieux

Sr. Registry Services & Engagement Manager
Global Domains Division, ICANN
 


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