[Gnso-impl-thickwhois-rt] Draft Thick Whois memo to the GNSO

[gtheo]

Hi All,

The draft covers all bases and highlights potential issues down the 
road, but it could use some more context perhaps?
Maybe it is an idea to add one simple scenario that could unfold and 
mention, this is one of many?

Scenario, invalidation of Privacy Shield 2-3 years from now.

In October 2015 Safe Harbor was invalidated. EU Registrars used 
"standard templates" drawn up by the EU.
This allowed us to continue to register domain names with American 
located Registries.
Those who relied on Iron Mountain for the data escrow could continue and 
were not forced to find a new escrow partner located in the EU.

The "standard templates" are currently being reviewed and most EU legal 
experts expect these will be invalidated just as Safe Harbor. The impact 
will be zero as we now have Privacy Shield.

However, Privacy Shield is expected not to last, and also be 
invalidated, just as Safe Harbor (https://euobserver.com/digital/134322 
).
When that happens EU Registrars will have a problem as we cannot go back 
to those "standard templates", a solution that made sure we were not 
breaking the law.
EU Registrars will then either stop registering domain names with USA 
located Registries, or break the law, with the huge fines these days not 
a great alternative. Or come up with a different solution, wich is most 
likely not to be a speedy solution. Regardless, EU Registrars will be 
hit hard.

But if everyone already thinks that the draft is clear enough, then we 
can skip the above example, it is up to you guys.

Thanks,

Theo















Anderson, Marc schreef op 2016-08-26 09:21 PM:
> Dear Colleagues,
> 
> During the IRT meetings held at ICANN 56 Helsinki, Joe Waldron raised
> concerns with the changing landscape of Privacy Laws, in particular
> with regard to the EU.  He pointed out that recommendation #3 of the
> Thick Whois policy directs the IRT to notify the GNSO should privacy
> issues emerge that were not anticipated by the working group.  The IRT
> agreed that we have an obligation to notify the GNSO and asked
> Verisign to draft a proposed memo from the IRT to the GNSO.
> 
> Please find attached that draft memo outlining the obligation and the
> reasons why we think it is necessary to provide that notification at
> this time.
> 
> Thank you,
> 
> Marc
> 
> MARC ANDERSON
> mcanderson at verisign.com
> 
> m: 571.521.9943 t: 703.948.3404
> 12061 Bluemont Way, Reston, VA 20190
> 
> VerisignInc.com [1]
> 
> 
> 
> Links:
> ------
> [1] http://www.verisigninc.com/
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