Re: [council] Letter to GNSO Council from "thick" WHOIS Implementation Review Team (IRT)

[Nathalie Peregrine <nathalie.peregrine@xxxxxxxxx>]

Dear all,

The letter to the GNSO Council from "thick" WHOIS Implementation Review Team 
has now been posted on the GNSO Website 
here:https://gnso.icann.org/en/council/drafts
And can be viewed directly here: 
https://gnso.icann.org/en/drafts/gnso-appointments-procedure-15dec16-en.pdf

Kind regards

Nathalie

On 12/17/16, 4:13 PM, 
"owner-council@xxxxxxxxxxxxxx<mailto:owner-council@xxxxxxxxxxxxxx> on behalf of 
Amr Elsadr" <owner-council@xxxxxxxxxxxxxx<mailto:owner-council@xxxxxxxxxxxxxx> 
on behalf of aelsadr@xxxxxxxxxxx<mailto:aelsadr@xxxxxxxxxxx>> wrote:

Hi,

The "thick" WHOIS IRT has asked me to forward a letter (attached) sent on its 
behalf to the GNSO Council. If folks recall, the "thick" WHOIS Consensus Policy 
recommendations included this:

"As part of the implementation process a legal review of law applicable to the 
transition of data from a thin to thick model that has not already been 
considered in the EWG memo is undertaken and due consideration is given to 
potential privacy issues that may arise from the discussions on the transition 
from thin to thick Whois, including, for example, guidance on how the 
long-standing contractual requirement that registrars give notice to, and 
obtain consent, from each registrant for uses of any personally identifiable 
data submitted by the registrant should apply to registrations involved in the 
transition. Should any privacy issues emerge from these transition discussions 
that were not anticipated by the WG and which would require additional policy 
consideration, the Implementation Review Team is expected to notify the GNSO 
Council of these so that appropriate action can be taken."

In June, 2015, ICANN's Legal Dept. submitted a memo in follow up of the above 
recommendation, which can be found on this page: 
https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_resources_pages_thick-2Dwhois-2D2016-2D06-2D27-2Den&d=DgIFaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=PDd_FX3f4MVgkEIi9GHvVoUhbecsvLhgsyXrxgtbL10DTBs0i1jYiBM_uTSDzgqG&m=E7JnHCK21L7fCyV2BvlvPAChI8mLV1q2HKsBWw0Mg24&s=eqwJY092JQX9BqW36nri__z-fkkujg94HmNvAfd47MU&e=
 .

The IRT believes that the privacy/data protection law environment has changed 
since the production of the legal memo by ICANN Legal. Although the IRT has not 
reached any consensus on recommending further policy work as a result of its 
findings, there is agreement that the shifting privacy/data protection 
environment may complicate the transition from "thin" to "thick" WHOIS for some 
contracted parties. This letter is meant to brief the Council on the IRT's work 
in that regard.

Thanks.

Amr