[council] Topic for Discussion at Abu Dhabi

Tue Oct 31 09:15:23 UTC 2017

All

As requested by James, to expand and clarify.

As Council we received a letter from Akram in respect to this topic some time ago (https://gnso.icann.org/en/correspondence/atallah-to-bladel-et-al-01aug17-en.pdf)

Since then the environment has changed and the discussions around GDPR have evolved considerably and it is in light of those changes that I would ask Council to consider it again.

The GNSO Council has been informed that the implementation of this policy is problematic and staff has, therefore, offered suggestions on how to render the implementation, and by extension the policy itself, usable. This does not infer for an instant that any aspect of the policy development process is being sidestepped or challenged. It does, however, underline how the operationalisation of policies can at times be out of step with reality. The letter included a number of options (non-exhaustive) that the Council could consider to address the comments received in response to the public comment period, namely:
An expedited policy development process; however, it is likely that this would take at least one year to complete and would focus on the underlying policy recommendations, not the procedure itself. With regard to the timeframe necessary to complete such an expedited PDP, it may not provide contracted parties with immediate relief.
The Council may also consider a standard PDP, noting that may extend the timeline even further.
In addition, the GNSO Council may consider incorporating a Contracted Party Request and/or Legal Opinion triggers, as previously discussed by the Implementation Advisory Group (IAG). However, the Council would need to first assess whether these triggers are consistent or not with the underlying policy recommendations noting that these two additional triggers previously did not obtain consensus support from the IAG, which recommended adoption of the Alternative Trigger.
The Contracted Party Request Trigger requires a contracted party to request for ICANN to investigate whether the request has met the required standard for triggering the procedure by presenting ICANN with a request describing the legal conflict as well as written support from a Data Protection Authority (highly recommended), all other affected registries and/or registrars or justification for why they are the only affected party (mandatory), and a written support or non-objection to the request from the relevant GAC member or relevant government agency if the jurisdiction does not have a GAC member (mandatory).
The Legal Opinion Trigger consists of a written legal opinion from a nationally recognized law firm stating that national laws or statutes in the country of incorporation of a contracted party will affect its compliance with the provisions of the RAA or other contractual agreement with ICANN dealing with the collection, display or distribution of personally identifiable data via Whois.

With that in mind I would suggest that council consider forming a small group to consider these options and possible others and formally respond to Akram's letter.

Regards

Michele

--
Mr Michele Neylon
Blacknight Solutions
Hosting, Colocation & Domains
https://www.blacknight.com/
https://blacknight.blog/
http://ceo.hosting/
Intl. +353 (0) 59  9183072
Direct Dial: +353 (0)59 9183090
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Blacknight Internet Solutions Ltd, Unit 12A,Barrowside Business Park,Sleaty Road,Graiguecullen,Carlow,R93 X265, Ireland  Company No.: 370845

________________________________________
From: James M. Bladel <jbladel at godaddy.com>
Sent: 25 October 2017 02:58:19
To: Michele Neylon - Blacknight; GNSO Council List
Subject: Re: [council] Topic for Discussion at Abu Dhabi

Colleagues –

With deference & respect to my RrSG colleague, I’m reluctant to table this topic during our meeting in Abu Dhabi.  On previous occasions, I’ve referred to it as a “black hole” or “cat nip” or “agenda killer”, as it nearly always results in un-constructive discussions, eats up meeting time, and ultimately shows up again and again on future agendas.

However, given that there’ve been some significant developments in the wild (.AMSTERDAM and letter from ICANN GDD), and the fact that earlier this year we committed to revisiting the topic in Abu Dhabi, we can go forward and include it on the agenda for 1 NOV.  BUT, I would ask that Michele and others first establish some ground rules that:

• Limit the scope of discussion to prevent us from trying to solve everything GDPR during the Council meeting, and
• Identifying what outcome or tangible action item we want to achieve as a result of our discussion.

With this in mind, I would ask Michele to help address these two points prior to our meeting in Abu Dhabi.  And if other Councilors have thoughts on how to limit this topic, please reply with those as well.

Thank you,

J.
------------------
James Bladel
GNSO Chair
Thank you,

On 10/24/17, 4:24 , "council-bounces at gnso.icann.org on behalf of Michele Neylon - Blacknight" <council-bounces at gnso.icann.org on behalf of michele at blacknight.com> wrote:

    All

    Apologies if I'm a bit late with this.

    One of the items that we should discuss if time permits while we are at Abu Dhabi is the whois conflicts with local law, specifically around the triggers.

    This topic has come up for discussion several times in the past (mild understatement!) and in light of other discussions I believe it is timely for us to look at this again.

    Bear in mind, however, that this policy and the triggers we are talking about is quite narrow in its focus and remit. They are merely a method to start a discussion between the contracted party and ICANN in order to resolve a conflict.

    Regards

    Michele

    --
    Mr Michele Neylon
    Blacknight Solutions
    Hosting, Colocation & Domains
    https://www.blacknight.com/
    http://blacknight.blog/
    Intl. +353 (0) 59  9183072
    Direct Dial: +353 (0)59 9183090
    Personal blog: https://michele.blog/
    Some thoughts: https://ceo.hosting/
    -------------------------------
    Blacknight Internet Solutions Ltd, Unit 12A,Barrowside Business Park,Sleaty
    Road,Graiguecullen,Carlow,R93 X265,Ireland  Company No.: 370845

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