[Gnso-epdp-team] ICANN org question response

Caitlin Tubergen caitlin.tubergen at icann.org
Wed Nov 14 13:16:56 UTC 2018

Dear EPDP Team,


In response to a question posed by the EPDP Team to ICANN org on Thursday, 8 November, please find the following response:

QUESTION: Is making the natural vs legal distinction in WHOIS within the picket fence, i.e., a suitable topic for policy discussion?

RESPONSE : Yes, access to gTLD registration data generally is one of the allowed topics for consensus policy as set forth in ICANN Bylaws and registry and registrar agreements. (That list of topics is referred to by some as “the picket fence”). Please refer to Annex G-1 and G-2 of the ICANN Bylaws as well as Specification 1 Section 1.3.4 of the Base Registry Agreement and the Consensus Policies and Temporary Policies Specification of the Registrar Accreditation Agreement, which provide that: “maintenance of and access to accurate and up-to-date information concerning domain name registrations” is one of the topics on which ICANN may enforce consensus policies.


Thank you.


Best regards,


Marika, Berry and Caitlin



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