[dow1-2tf] RE: Procedure re conflicts with local law

["Steven J. Metalitz IIPA" <metalitz@xxxxxxxx>]

As background and/or a starting point for today's discussion, here is
the recommendation from the TF2 preliminary report: 

ICANN should develop and implement a procedure for dealing with the
situation where a registrar (or registry, in thick registry settings)
can credibly demonstrate that it is legally prevented by local mandatory
privacy law or regulations from fully complying with applicable
provisions of its ICANN contract regarding the collection, display and
distribution of personal data via Whois.  The goal of the procedure
should be to resolve the conflict in a manner conducive to stability and
uniformity of the Whois system.  In all cases this procedure should
include:  


*       Written notification by the affected registrar/registry to ICANN
with a detailed report which includes but is not limited to:

o       The law or regulation that causes the conflict.
o       The part of the Whois obligation in question.
o       The steps that will have to be taken to cure the conflict.

*       If data elements are removed this must be notified to the
requester by the insertion of standardized notice in the Whois results
advising the requester of the problem and, if possible, directing
requester to another source or alternative procedure for obtaining
access to this data element.

*       Prompt notification from ICANN to the public informing it of the
change and of the reasons for ICANN's forbearance from enforcement of
full compliance with the contractual provision in question.  .

*       The changes must be archived on a public website for future
research

Except in those cases arising from a formal complaint or contact by a
local law enforcement authority that will not permit consultation with
ICANN prior to resolution of the complaint under local law, the
procedure should be initiated using the following steps:

*       prompt notification by the affected registrar/registry to ICANN
with detailed summary of the problem arising including:
o       The law or regulation that causes the conflict.
o       The part of the Whois obligation in question.
*       consultation by the registrar/registry with ICANN  and other
parties (which may include government agencies) to try to resolve the
problem/ remove the impediment to full compliance with contract.
   

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