[council] WHOIS Conflicts with Local Law - Alternate Triggers

[Erika Mann]

Heather, Keith -

how about mentioning that all these waivers and derogations based on
national laws/requested by opinions from law firms, shall continue to be
made public.

Kind regards,
Erika

On Mon, Nov 13, 2017 at 7:11 AM, Heather Forrest <haforrestesq at gmail.com>
wrote:

> Dear Keith,
>
> Thank you very much indeed for taking the lead on this initiative.
>
> Paul and I appreciate the alternatives you have set out and are taking
> input from our IPC colleagues. We're aiming to offer a substantive reply no
> later than this Friday to ensure this gets across the line by the 20th
> document deadline.
>
> Best wishes,
>
> Heather
>
> On Sat, Nov 11, 2017 at 4:53 AM, Drazek, Keith via council <
> council at gnso.icann.org> wrote:
>
>>
>>
>> Hello fellow Councilors,
>>
>>
>>
>> As discussed in Abu Dhabi, I’m re-surfacing the previously drafted motion
>> (thanks Marika) and some proposed language for consideration at our
>> November Council meeting.
>>
>>
>>
>> We need to respond to Akram’s letter on this topic. It could either be
>> via a motion or in a letter response.
>>
>>
>>
>> Substantively, here are two options:
>>
>>
>>
>> Alternate Trigger #1: Written Legal Opinion
>>
>>
>>
>> In the absence of a Whois Proceeding, a registry or registrar may present
>> to ICANN a written legal opinion from a nationally recognized law firm or
>> attorney in good standing that identifies any portion of the collection,
>> retention, display or dissemination of any data element specified by the
>> ICANN contract in question violates or is likely to violate applicable law,
>> statute or regulation.  Such written opinion shall identify the
>> provision(s) of the ICANN contract in question that are identified to be in
>> conflict and the manner in which the registry or registrar, by fulfilling
>> the terms of the contract, is likely to violate applicable law, statute or
>> regulation.
>>
>>
>>
>> Alternate Trigger #2: Previously granted waiver
>>
>>
>>
>> If (i) it was previously determined that a provision in the RA, RAA or
>> other contractual obligation conflicted with applicable law, statute, or
>> regulation such that ICANN granted an exception under the terms of this
>> Procedure and (ii) the registry or registrar is subject to the same
>> applicable law, statute, or regulation, then the registry or registrar may
>> request the same exception. Such request shall be granted by ICANN unless
>> ICANN provides reasonable justification for not granting the request, in
>> which case the registry or registrar may utilize another trigger.
>>
>>
>>
>> Thanks and regards,
>>
>> Keith
>>
>> _______________________________________________
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>>
>>
>
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