[IAG-WHOIS conflicts] Draft report

[Holly Raiche]

Thanks Stephanie - and Folks

Once again, I am an apology - like Seth, it’s slumber time.

That said, I do like the report, with the red line comments.  But I also agree with Stephanie - the difficulty is with the policy itself and its wording which talks about ‘a situation’ where compliance with Whois requirements  will conflict with national laws.  The language of the policy needs to change to recognise that the conflict with national laws is not a one-off instance, but ongoing.  Therefore, notifying ICANN on a ’situation’ of conflict is a nonsense - since the national laws aren’t changing, there will ALWAYS be a conflict.  

For the purposes of THIS WG, since we cannot change the wording of the policy, we need to have a notification process of ONGOING conflict between Whois requirements and the legal requirements that bind Registrar behaviour - and that advice to ICANN must be in language that clearly sets out that the single notification to ICANN is of an ongoing binding legal requirement on the applicable registrar that determines the registrar’s ongoing response to a Whois query.

The processes being looked at are for a nationally recognised legal firm to give an opinion on the legal requirements placed on a registrar in that jurisdiction as to the effect of national privacy laws that restrict a registrar’s response to a Whois query - a suggestion I support.

Next question - why not an opinion by the Data Protection Authority in the relevant jurisdiction also providing advice to ICANN on the restrictions that data protection laws place on all registrars in the relevant jurisdiction in responding to Whois queries.  It would save each registrar having to get their own opinion (and saving money on lawyers) and ensure consistent advice for the whole jurisdiction. And a bonus - it would impact on the discussions on Privacy/Proxy providers discussions, explaining what Whois information can ever be revealed.

Apologies again. 

Holly

On 5 Aug 2015, at 9:22 am, Stephanie Perrin <stephanie.perrin at mail.utoronto.ca> wrote:

> Thanks for this Jamie.  I regret not taking a closer look earlier, but you know how busy we are these days.  Attached are a few redline comments.
> I think the report, while recognizing that technically the policy is not in scope for the work of this team, should at least mention that many of us have repeatedly said this is a nonsense and the policy needs to be revisited.  To simply submit this as it stands invites all kinds of reaction which might not be conducive to reasonable outcomes.
> 
> Kind regards Stephanie Perrin
> On 2015-08-04 18:40, Jamie Hedlund wrote:
>> All,
>> 
>> Attached please find a redlined draft report in Word and PDF. For tomorrow’s call, I would propose reviewing the changes from the last draft and next steps. While I regret not being able to circulate the revised draft sooner, the number of changes are fairly limited.
>> 
>> Best,
>> Jamie
>> 
>> Jamie Hedlund
>> VP, Strategic Programs
>> Global Domains Division
>> ICANN
>> +1.202.374.3969 (m)
>> +1.202.570.7125 (d)
>> jamie.hedlund at icann.org
>> 
>> From: <whois-iag-volunteers-bounces at icann.org> on behalf of Jamie Hedlund <jamie.hedlund at icann.org>
>> Date: Wednesday, July 8, 2015 at 15:00
>> To: "whois-iag-volunteers at icann.org" <whois-iag-volunteers at icann.org>
>> Subject: [IAG-WHOIS conflicts] Draft report
>> 
>> All,
>> 
>> Attached please find a draft report for the IAG’s review and consideration. We propose that discussion of the draft be the sole agenda item for Monday’s call. If you have any comments or edits before then please feel free to send those to the mailing list. Thank you.
>> 
>> Best,
>> Jamie 
>> 
>> Jamie Hedlund
>> VP, Strategic Programs
>> Global Domains Division
>> ICANN
>> +1.202.374.3969 (m)
>> +1.202.570.7125 (d)
>> jamie.hedlund at icann.org
>> 
>> 
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>> Whois-iag-volunteers at icann.org
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> 
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