[dow2tf] Whois task force 2 GAC questionnaire

["GNSO SECRETARIAT" <gnso.secretariat@xxxxxxxxxxxxxx>]

Dear Ms Sene,

The GNSO WHOIS Task Force 2 has requested that the set of questions below be
distributed to the Government Advisory Committee.

We leave it to your discretion how best to deal with the questions. A copy
of the questions have been sent to Christopher Wilkinson GAC Secretary and
Sharil Tarmizi GAC Chair.

Responses may be addressed directly to the ICANN Staff Manager, Barbara
Roseman: roseman@xxxxxxxxx or to the survey address:
tf2-survey@xxxxxxxxxxxxxx

Thank you for your assistance and guidance.

Kind regards,

Glen de Saint Géry
GNSO Secretariat


The GNSO's WHOIS Task Force #2 is chartered with reviewing the current ICANN
whois policy regarding the collection, disclosure and transmittal of data
obtained when a domain name is registered, and how consent of the registrant
to these policies is obtained.

In general, these data elements may include: domain name registrant's name,
address, phone and fax number, e-mail address.

The same information is collected for administrative and technical contacts.
Registrant, administrative contact, technical contact, and billing contact
are, for convenience, referred to as "data subjects" below.

Part of the Task Force's charter is to document examples of relevant
existing privacy laws regarding the display and transmittal of this data
which may inform the Task Force's work and guide us in our decisions.

Information (including links and copies) of laws, regulations, and cases
responsive to the following points are of our particular interest:

1. Must a data subject consent to the collection and processing of his data?

2. Must a data subject consent to the disclosure of his collected data?


3. Can a data subject withdraw his consent to the disclosure of his data?


4. Has a data subject the right to stay anonymous and not disclose any data?


5. Is there any regulation on the transmittal of personal data to other
countries that is applicable in connection with domain name registration?

6. Does the applicability of the law of your country depend on the location
or nationality of the data subject, the registrar, or the registry?

How would the applicable law be determined in a situation in which these
three parties are located in different countries?


We appreciate your assistance.

GNSO Whois Task Force 2

Jordyn Buchanan - Chair