[IAG-WHOIS conflicts] Follow up from IAG call

[Mary Wong]

Dear IAG members,

Thank you for a productive meeting earlier today. To follow up, these points
that emerged from the discussion may be useful ³action items² for the group
to consider prior to the next call:

(1) On what would be adequate and practicable to satisfy the policy that a
registry or registrar ³credibly demonstrate² that it is legally prevented
from complying with its contractual obligations regarding its collection,
display or distribution of Whois data ­ in other words, what the appropriate
³triggers² for invoking the procedure should be:

The IAG may find the report of public comments received to the proposal to
review the procedure, as well as the actual public comments themselves,
helpful in continuing its discussions on this issue. These documents can be
found on the IAG wiki space as well as here:
https://www.icann.org/public-comments/whois-conflicts-procedure-2014-05-22-e
n. Your further deliberations will be critical to taking forward some of the
suggestions outlined in the discussion paper that Jamie had circulated, to
ensure that future discussions center on suggestions made by the community
(as reflected in the public comments received) and the IAG.

(2) On whether, in addition to the procedure, the underlying policy itself
needs to be reviewed (noting that the IAG¹s mandate is limited to
recommending such a review, if any, to the GNSO, as the IAG is not chartered
as a policy making body):

The IAG may find it helpful to list and document those elements and/or steps
in the current procedure that need to be changed, and do the same for the
underlying policy. This exercise should be of assistance in both framing
further discussions of the IAG beyond the triggers and on the various other
aspects of the procedure, as well as identifying the specific rationale for,
and elements that require reviewing, in the policy, if any. The procedure
can be found here: 
https://www.icann.org/resources/pages/whois-privacy-conflicts-procedure-2008
-01-17-en and the policy, as approved by the GNSO Council and subsequently
by the ICANN Board, is contained in the GNSO Council¹s resolution here:
http://gnso.icann.org/en/council/resolutions#200511.

ICANN staff will look into creating a Google Docs workspace, as requested on
the call, in the hopes of furthering the IAG¹s deliberations on these and
the other topics outlined in the mission and scope for the group.

Thanks and cheers
Mary

Mary Wong
Senior Policy Director
Internet Corporation for Assigned Names & Numbers (ICANN)
Telephone: +1 603 574 4892
Email: mary.wong at icann.org







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