WHOIS Task Forces 1 and 2 Teleconference 9 November, 2004 - Minutes
GNSO Constituency representatives:
Agenda: Step by step procedure re: conflicts with law
The following procedures are intended to facilitate reconciliation of any conflicts between local/national mandatory privacy laws or regulations and applicable provisions of the ICANN contract regarding the collection, display and distribution of personally identifiable data via Whois.
Step Four: Resolution
The Board shall consider and take appropriate action on the recommendations contained in the General Counsel's report as soon as practicable. Actions could include, but are not limited to:
[j1] I agree that "formal notification" seems a bit too subjective (i.e., what does it mean in each country to be formally notified), but learning is also too restrictive. One can "learn" about an action rather informally or that an action is a possibility, but not necessarily a certainty.
Jeff Neuman summarized that most people were comfortable with accepting the registrar / registry action but allowing for flexibility where it would effect operations.
The task force discussed the procedure step by step and agreed on further language changes.
Jeff Neuman and Jordyn Buchanan thanked everyone for their presence and participation.