[council] GAC update

Johan Helsingius julf at julf.com
Tue May 1 12:42:29 UTC 2018

Dear Councillors,

The notes from the GAC and ICANN Board Conference Call Regarding
the ICANN61 Communique that was held on April 11 are available at

I guess this was held a day before the Article 29 Working Party
response was received by ICANN, but on the subject of the GAC
advice related to Whois Compliance with GDPR, the notes state:

"Regarding possible conflicts between GAC Advice and Art. 29
 WP guidance, the GAC Chair highlighted the necessity to expedite
 the Bylaws-mandated consultation process before the entry into force
 of the GDPR on 25 May 2018 (should the ICANN Board decide to reject
 part of the GAC Advice). More specifically, United States suggested
 that such consultation be conducted remotely (and not face-to-face),
 in the interest of time.

 Discussion of process and timeline of ICANN Board’s consideration
 of GAC Advice identified a number of steps required before the Board
 can decide on whether to adopt or reject GAC Advice:
 Considering ICANN Org advice,
 Conducting due diligence on advice received,
 Reaching out to other parts of the ICANN Community.

 ICANN’s General Counsel stressed that the triggering of a consultation
 between ICANN Board and GAC is not time-bound. It is required prior to
 the ICANN Board taking action that is inconsistent with GAC Advice.
 Considering the GDPR enforcement timeline, the General Counsel
 indicated that this would have to occur prior to the ICANN Board
 approving a “temporary specification”,  between now and 24 May 2018.

 Reflecting on the uncertainty of Art. 29 WP feedback, the ICANN CEO
 indicated a potential need to “go back to the drawing board” or
 follow-up with clarifying questions. He also shared concerns with a
 potential fragmentation of Whois should Art. 29 WP not provide a
 moratorium on enforcement.

 The GAC and ICANN Board anticipate meeting again, possibly in a
 conference call format, prior to the ICANN62 meeting in Panama. In the
 meantime, the GAC is looking forward to a substantive discussion of the
 matter with the ICANN Org, once Art. 29 WP guidance is available."

There is also a response letter from the board to GAC (dealing with IGO
acronyms) at

containing a set of questions to the GAC:

"1. Which lists are the subject of the Advice: the list of IGO Names,
 the list of Identifiers/Acronyms, or both?
2. What is the nature of the assistance that the GAC believes may be
 needed of the ICANN organization in order to ensure that the GAC’s
 lists are accurate and complete?
3. Could the GAC confirm that it remains the authoritative organization
 to determine which IGOs are to be protected [including an IGO’s
 specific name, acronym and applicable language(s)] as well as to
 determine any updates that are to be made to the list?
4. What mechanism does the GAC believe should be utilized for
 maintaining the accuracy of the list, i.e., for adding or deleting a
 name or identifier from the list? Can the GAC confirm that it is
 possible to have a scenario where an IGO’s name (but not acronym)
 is deleted such that the deleted name becomes available for third
 parties while the acronym remains under protection, and vice versa
 (i.e., where the acronym is deleted but not the name)?"


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