[Gnso-epdp-team] Questions regarding disclosure risks

Sarah Wyld swyld at tucows.com
Thu Sep 19 15:16:20 UTC 2019


Hi Greg,

"Responding party" here would mean that requests are received and
addressed by ICANN Org. This email focused specifically on questions
raised by ICANN Org working in this capacity, I'm interested to see what
other scenarios you could expect to occur here.

Thanks.

-- 
Sarah Wyld
Domains Product Team
Tucows
+1.416 535 0123 Ext. 1392

 

On 9/19/2019 10:12 AM, Greg Aaron wrote:
>
> Sarah, what do you mean by “responding party”?  For example so your
> scenarios assume that ICANN is acting in a specific legal capacity?
>
>  
>
> I ask because depending on what you mean, there may be other scenarios.
>
>  
>
> All best,
>
> --Greg
>
>  
>
>  
>
> *From:*Gnso-epdp-team <gnso-epdp-team-bounces at icann.org> *On Behalf Of
> *Sarah Wyld
> *Sent:* Wednesday, September 18, 2019 3:18 PM
> *To:* gnso-epdp-team at icann.org
> *Subject:* [Gnso-epdp-team] Questions regarding disclosure risks
>
>  
>
> Hello all,
>
> During the recent EPDP face-to-face meetings in Los Angeles, several
> members of the working group expressed a desire to position ICANN as
> the responding party to requests for disclosure of non-public
> registration data.
>
> In order to fulfill this request, one of two things must be true. Either:
>
>  1. ICANN Org maintains a current (<24 hours) copy of the entire RDS
>     database; or
>  2. ICANN has some mechanism (contract clause) to compel the
>     Contracted Party to disclose the data to ICANN or the requestor
>
> These potential scenarios raise the following questions:
>
>  1. In the first scenario, does ICANN accept the legal risks and
>     operational costs of maintaining its own replica of all RDS data
>     for gTLDs? If not, how would those risks and costs be addressed?
>  2. In the second scenario, will ICANN “relay” disclosed data between
>     the requestor and the Registry/Registrar?
>  3. What should be done in situations where ICANN instructs the
>     Registry/Registrar to disclose data (either to ICANN or the
>     requestor), but the contracted party has determined that the
>     request is not legitimate and refuses? Is this matter referred to
>     ICANN compliance?
>
>
> Thank you,
>
> -- 
> Sarah Wyld
> Domains Product Team
> Tucows
> +1.416 535 0123 Ext. 1392
>  
>  
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