[dow2tf] National law and data protection commissioners

[KathrynKL@xxxxxxx]

In our last conference call, we heard great concern about the needs of law 
enforcement for the use of sensitive domain name data.  Balance, and of course 
law enforcement requirements, require us to pay the same -- if not more 
attention -- when law enforcement comes to Registrars with formal complaints and 
concerns over the release of sensitive data under national and local laws to 
protect domain name holders.

So, in lieu of the steps set out by Steve, I recommend the following action 
to complete the concept of National law/ICANN notification that Tom Keller set 
out:
    1) Registrars should respond to the law enforcement and/or data 
protection officials who have approached them with formal complaints, concerns, or 
allegations re: personal and sensitive data.
    2) Registrars should take the steps necessary to promptly come into 
compliance with the requirements of the law re: the personal/sensitive data.  
    3) Registrars should then report to ICANN re: the law, the allegations, 
and the steps taken to come into compliance with the allegations.  It would, of 
course, be appropriate for ICANN to publish this data to the public in a 
format that TF2 may choose to recommend.
[Note:  the above three steps appear to be the sequence followed by .NAME:  
contact re: violations, compliance with law, notification of ICANN (and TF2 
in its comments)]

To do otherwise would expose Registrars to liability under national law.  

Further, we can minimize the conflicts that may occur in the future by TF2 
recommendations that reduce the conflicts between WHOIS policy and national law. 
 TF2 can and should address the problems raised by data protection 
commissioners in Italy, Europe and internationally in their comments over the law few 
years to ICANN and on WHOIS.  

I look forward to talking with you more about these issues and the Compromise 
Proposal on Monday.   Regards, Kathy