[RDS-WHOIS2-RT] Section on Bylaw Revision

[Alan Greenberg]

Section 4.6(a)(v) of the ICANN Bylaws specifies that each Specific 
Review team may recommend that may recommend that the review in 
question should no longer be conducted or should be amended.

I determining the scope of the present RDS-WHOIS2 Review, section 
4.6(e)(iii) of the Bylaws was considered:

"The review team for the Directory Service Review ("Directory Service 
Review Team") will consider the Organisation for Economic 
Co-operation and Development ("OECD") Guidelines on the Protection of 
Privacy and Transborder Flows of Personal Data as defined by the OECD 
in 1980 and amended in 2013 and as may be amended from time to time."
The RT decided that this section of the Bylaw mandated scope should 
be omitted from the issues to be addressed, based on the complete 
lack of consideration of such guidelines in the current WHOIS 
implementation and the fact that at the time, an ongoing PDP was 
considering whether to incorporate such guidelines on its recommendations.

Since that decision, the discussion of RDS(WHOIS) in ICANN has 
evolved and considerable focus has been targeted at the EU GDPR, its 
impact on the current WHOIS, and how it will influence RDS developments.

Given:

- the focus on GDPR and the ongoing efforts to address this 
effectively in the short to medium term;

- the fact the OECD Guidelines have been made less relevant by the 
actual regulations and laws in Europe and other jurisdictions; and

- the more generalized requirement for the RDS Specific Review to 
consider safeguards for protecting RDS data;

the RT believes that section 4.6(e)(iii) of the ICANN Bylaws is no 
longer needed.

RECOMMENDATION:

The ICANN Board should take action to remove ICANN Bylaws section 4.6(e)(iii).

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