[Gnso-epdp-team] Legal vs. natural and WHOIS accuracy questions from Phase 1

[Janis Karklins]

Dear EPDP Team,



Please find attached a Legal Committee question, which touches on both
legal vs. natural and WHOIS accuracy questions from Phase 1. The Legal
Committee did not unanimously agree to submit this question to outside
counsel, as NSCG disagrees with this question in principle and believes it
to be out of scope.



I am sending this question as an FYI and noting that it will not be sent to
Bird & Bird at this time. I am also specifically requesting Rafik, as both
the vice-chair and GNSO Council Liaison to this EPDP Team, to seek further
guidance from the GNSO Council with respect to the Council’s expectations
related to WHOIS accuracy issue in Phase 2.



As many of you are likely aware, there is currently an ongoing discussion
between ICANN org and the GNSO Council regarding Recommendation 4 and the
accompanying footnote from the Phase 1 Final Report, which provides, “The
EPDP Team recommends that requirements related to the accuracy of
registration data under the current ICANN contracts and consensus policies
shall not be affected by this policy.”[1] <#_ftn1> The accompanying
footnote reads: The topic of accuracy as related to GDPR compliance is
expected to be considered further as well as the WHOIS

Accuracy Reporting System.



Most recently, ICANN org sent the following correspondence
<https://www.icann.org/en/system/files/correspondence/marby-to-drazek-05dec19-en.pdf>
to the GNSO Council, in reference to a request for clarification on data
accuracy and the EPDP Phase 2. I have asked Rafik to seek further guidance
from the Council with respect to the scope of data accuracy for Phase 2 and
what the EPDP Team is expected to deliberate on. If possible, I am asking
the GNSO Council to provide guidance by Friday, 13 March so that the EPDP
Team will have time to receive further guidance from Bird & Bird (if
applicable).



Thank you.


Best regards

JK







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