[council] Proposed addition to Wednesday Agenda

["James M. Bladel" <jbladel@xxxxxxxxxxx>]

Councilors:

As discussed, here is my proposal agenda add (vetted by Maria & Thomas) for a 
discussion during Wednesday's open session.  Would be happy to hear 
comments/edits.

Thanks-

J.
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Discussion item: Data retention waiver and the apparent conflict of national 
data protection laws with the 2013 RAA
Many European registrars have expressed frustration with ICANN's handling of 
their waiver requests from the Data Retention requirements under the 2013 RAA, 
particularly considering recent statements by various data protection 
authorities that these requirements violate national privacy laws. Other ICANN 
stakeholders have expressed concern about the treatment of legal data 
protection requirements when the ICANN contract appears to conflict with 
certain laws. Still other stakeholders are concerned that the ability of law 
enforcement and private enforcement actions to access data be kept in place. 
The RAA includes language that allows ICANN to temporarily suspend enforcement 
of the data retention provisions.  As this situation has now been ongoing for 
over six months, pending a resolution of the issue, should the GNSO Council and 
larger ICANN Community direct ICANN Staff to suspend enforcement for any 
registrar requesting a waiver?