RE: [council] (Draft) MOTION - IAG Report and Recommended Modifications to WHOIS Conflict Procedure

[Glen de Saint Géry <Glen@xxxxxxxxx>]

Thank you very much Wulf-Ulrich, noted
https://community.icann.org/display/gnsocouncilmeetings/Motions+1+September+2016

kind regards
Glen

Glen de Saint Géry
GNSO Secretariat
gnso.secretariat@xxxxxxxxxxxxxx<mailto:gnso.secretariat@xxxxxxxxxxxxxx>
http://gnso.icann.org<http://gnso.icann.org/>

Follow the GNSO via Twitter @ICANN_GNSO
Find out more about the GNSO by taking our interactive 
courses<http://learn.icann.org/courses/gnso> and visiting the GNSO Newcomer 
pages<http://gnso.icann.org/sites/gnso.icann.org/files/gnso/presentations/policy-efforts.htm#newcomers>.


From: WUKnoben [mailto:wolf-ulrich.knoben@xxxxxxxxxxx]
Sent: Tuesday, August 30, 2016 12:27 PM
To: Glen de Saint Géry <Glen@xxxxxxxxx>; council@xxxxxxxxxxxxxx
Subject: Re: [council] (Draft) MOTION - IAG Report and Recommended 
Modifications to WHOIS Conflict Procedure

I’d like to second the motion.

Best regards

Wolf-Ulrich

From: Glen de Saint Géry<mailto:Glen@xxxxxxxxx>
Sent: Thursday, August 25, 2016 10:38 AM
To: mailto:council@xxxxxxxxxxxxxx
Subject: [council] (Draft) MOTION - IAG Report and Recommended Modifications to 
WHOIS Conflict Procedure



Dear All,



James Bladel proposed the motion that has been posted on the Council Wiki page:
https://community.icann.org/display/gnsocouncilmeetings/Motions+1+September+2016



We are calling for a seconder.


Thank you.
Kind regards,

Glen

Glen de Saint Géry
GNSO Secretariat
gnso.secretariat@xxxxxxxxxxxxxx<mailto:gnso.secretariat@xxxxxxxxxxxxxx>
http://gnso.icann.org<http://gnso.icann.org/>

Follow the GNSO via Twitter @ICANN_GNSO
Find out more about the GNSO by taking our interactive 
courses<http://learn.icann.org/courses/gnso> and visiting the GNSO Newcomer 
pages<http://gnso.icann.org/sites/gnso.icann.org/files/gnso/presentations/policy-efforts.htm#newcomers>.






From: owner-council@xxxxxxxxxxxxxx<mailto:owner-council@xxxxxxxxxxxxxx> 
[mailto:owner-council@xxxxxxxxxxxxxx] On Behalf Of James M. Bladel
Sent: Tuesday, August 23, 2016 1:19 AM
To: GNSO Council List <council@xxxxxxxxxxxxxx<mailto:council@xxxxxxxxxxxxxx>>
Subject: [council] (Draft) MOTION - IAG Report and Recommended Modifications to 
WHOIS Conflict Procedure

Council Colleagues -

In compliance with our Documents & Motions deadline, I hereby submit the 
following motion (attached and copied below) for consideration during our next 
meeting on 1 SEP.

Also:  please note that the RrSG is still discussing its position on this 
motion.  Accordingly, my submission of it shouldn’t be taken as endorsement of 
the current language, as my ExCom may yet instruct me to raise amendments or 
abstain from voting.

Thank you—

J.


________________________________

Draft motion – Confirmation that modification to procedure that implements the 
Whois conflicts with privacy law policy recommendation is consistent with the 
intent of the policy recommendation

Whereas,

In November 2005, the Generic Names Supporting Organization (GNSO) concluded a 
policy development process (PDP) on Whois conflicts with privacy law, which 
recommended the creation of a procedure to address conflicts between a 
contracted party's Whois obligations and local/national privacy laws or 
regulations.

The ICANN Board of Directors adopted the recommendations in May 2006 and the 
final procedure was made effective in January 2008.

As noted in the GNSO Operating Procedures, “Periodic assessment of PDP 
recommendations and policies is an important tool to guard against unexpected 
results or inefficient processes arising from GNSO policies”. As called for in 
Step 6 of the ICANN Procedure For Handling WHOIS Conflicts with Privacy 
Law<https://www.icann.org/resources/pages/whois-privacy-conflicts-procedure-2008-01-17-en>,
 ICANN launched a review of the procedure in May 2014. Following a Call for 
Volunteers addressed to all interested parties, an Implementation Advisory 
Group (IAG) was formed to review the implementation of the policy 
recommendations and began its work in January 2015. The IAG devoted most of its 
time discussing whether additional triggers to invoke the procedure should be 
incorporated and if so how to ensure that they remain consistent with the 
existing policy.

On 26 May 2016, the IAG submitted its final report and recommendation to the 
GNSO Council.

The IAG recommends a modification to the existing Whois Conflicts Procedure. 
The modification would allow a party to trigger the procedure by obtaining a 
written statement from the government agency charged with enforcing its data 
privacy laws indicating that a particular Whois obligation conflicts with 
national law and then submitting that statement to ICANN.

Resolved,

The GNSO Council has reviewed the IAG Final Report 
(http://gnso.icann.org/en/drafts/iag-review-whois-conflicts-procedure-23may16-en.pdf)
 and concludes that the proposed modification to the procedure conforms to the 
intent of the original policy recommendations and as such the GNSO Council 
confirms its non-objection to the modification being implemented by GDD Staff 
as outlined in Appendix I 
(http://gnso.icann.org/en/drafts/iag-review-whois-conflicts-procedure-appendix-1-23may16-en.pdf)
 as soon as practically feasible.

The GNSO Council recommends that as soon as the modification has been 
implemented all affected parties are informed accordingly.

Furthermore, the GNSO Council requests that ICANN staff monitor the 
implementation of the modified procedure to determine whether the modification 
addresses the issues identified by the IAG Final Report and report back 
accordingly.

The GNSO Council thanks the IAG for its work and takes note of the minority 
views included in the Final Report. The GNSO Council requests that these are 
shared with the Next-Generation Registration Directory Services PDP Working 
Group as the broader WHOIS issues raised in these views are expected to be 
dealt with in that PDP.