[registration-issues-wg] Fwd: ICANN News Alert -- Updated ICANN Procedure for Handling WHOIS Conflicts with Privacy Laws Now Available

Carlton Samuels carlton.samuels at gmail.com
Wed Apr 19 14:10:03 UTC 2017


*Carlton A Samuels*

*Mobile: 876-818-1799Strategy, Planning, Governance, Assessment &

[image: ICANN] <http://www.icann.org/> News Alert

Updated ICANN Procedure for Handling WHOIS Conflicts with Privacy Laws Now

18 April 2017

LOS ANGELES – 18 April 2017 – The Internet Corporation for Assigned Names
and Numbers (ICANN) today published the updated Procedure for Handling
WHOIS Conflicts with Privacy Laws (WHOIS Procedure), which is effective

*Read the Revised WHOIS Procedure

The WHOIS Procedure has been revised to incorporate an alternative trigger
to invoke the WHOIS Procedure. The current trigger in the WHOIS Procedure
allows a registry operator or ICANN-accredited registrar to invoke the
procedure if the contracted party is in receipt of a notification of an
action that its compliance with WHOIS obligations is prevented by local
laws. With the additional trigger, a registry operator or ICANN-accredited
registrar may now also invoke the WHOIS Procedure by providing ICANN with a
written statement from the applicable government agency responsible for
enforcing its data privacy laws and indicating that a WHOIS obligation in
an ICANN contract conflicts with such applicable national law.

The modification to the WHOIS Procedure is based on input from the
community and the work of an Implementation Advisory Group (IAG), which was
tasked with reviewing possible changes to the WHOIS Procedure and providing
the Generic Names Supporting Organization (GNSO) with recommendations to
facilitate resolution of issues where WHOIS requirements conflict with
applicable laws.

In May 2016, the IAG submitted its final report
[PDF, 155 KB] and recommendation to the GNSO Council. In February 2017, the
GNSO Council passed a resolution
<https://gnso.icann.org/en/council/resolutions#201703> adopting IAG's
recommendation and confirmed that the modification to the WHOIS Procedure
does not change the intent of the original GNSO policy recommendations.

In November 2005, the GNSO concluded a policy development process (PDP)
establishing a Procedure to allow gTLD registry operators and registrars to
demonstrate when they are prevented by local laws from fully complying with
the provisions of their respective ICANN contracts regarding personal data
in WHOIS. The ICANN Board of Directors adopted the recommendations in May
2006 and directed staff to develop such a procedure. A contracted party
that credibly demonstrates that it is legally prevented from complying with
its WHOIS obligations can invoke the procedure, which became effective in
January 2008. To date, the procedure has never been invoked. ICANN launched
a review
of the procedure in May 2014 and has concluded this review with this update
to the WHOIS Procedure.

Following a Call for Volunteers
<https://www.icann.org/news/announcement-2014-10-14-en> addressed to all
interested parties, an IAG was formed to review the implementation of the
policy recommendations and began its work in January 2015. The IAG devoted
most of its time to discussing whether additional triggers to invoke the
Procedure should be incorporated and, if so, how to ensure that they remain
consistent with the existing policy.

*ICANN's mission is to help ensure a stable, secure and unified global
Internet. To reach another person on the Internet, you have to type an
address into your computer - a name or a number. That address has to be
unique so computers know where to find each other. ICANN helps coordinate
and support these unique identifiers across the world. ICANN was formed in
1998 as a not-for-profit public-benefit corporation and a community with
participants from all over the world. ICANN and its community help keep the
Internet secure, stable and interoperable. It also promotes competition and
develops policy for the top-level of the Internet's naming system and
facilitates the use of other unique Internet identifiers. For more
information please visit: www.icann.org <https://www.icann.org/>.*
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