[EURO-Discuss] ICANN News Alert -- Launch of the Implementation Advisory Group to Review Existing ICANN Procedure for Handling WHOIS Conflicts with Privacy Law

Christopher Wilkinson cw at christopherwilkinson.eu
Sat Dec 13 13:28:48 UTC 2014


Wow! 'Flowers' - (and we haven't started yet … )

That's a First. Thankyou Olivier

CW


On 13 Dec 2014, at 13:33, Olivier MJ Crepin-Leblond <ocl at gih.com> wrote:

> Dear all,
> 
> congratulations to EURALO ALS reps Christopher Wilkinson (ISOC Wallonie)
> and Jordi Iparraguirre (ISOC Catalonia) for being part of this advisory
> group.
> Best regards,
> 
> Olivier
> 
> 
> -------- Forwarded Message --------
> Subject: 	ICANN News Alert -- Launch of the Implementation Advisory
> Group to Review Existing ICANN Procedure for Handling WHOIS Conflicts
> with Privacy Law
> Date: 	Fri, 12 Dec 2014 18:43:20 -0500
> From: 	ICANN News Alert <communications at icann.org>
> Reply-To: 	communications at icann.org
> To: 	ocl at gih.com
> 
> 
> 
> ICANN News Alert
> ICANN <http://www.icann.org/>
> 
> 
>    News Alert
> 
> https://www.icann.org/news/announcement-2014-12-12-en
> 
> ------------------------------------------------------------------------
> 
> 
>    Launch of the Implementation Advisory Group to Review Existing ICANN
>    Procedure for Handling WHOIS Conflicts with Privacy Law
> 
> 12 December 2014
> 
> We are pleased to announce the launch of the Implementation Advisory
> Group to Review the Existing ICANN Procedure for Handling WHOIS
> Conflicts with Privacy Law (IAG-WHOIS Conflicts). Sixty-one (61)
> individuals responded to the Call for Volunteers
> <http://www.icann.org/news/announcement-2014-10-14-en>. IAG-WHOIS
> Conflicts is an open group convened to serve for a limited duration and
> scope, focusing exclusively on evaluating the ICANN Procedure for
> Handling WHOIS Conflicts with Privacy Law
> <http://www.icann.org/resources/pages/whois-privacy-conflicts-procedure-2008-01-17-en>
> and providing recommendations on possible changes to the Procedure to
> the Generic Names Supporting Organization (GNSO.)
> 
> We welcome the following volunteers as members of the newly convened
> IAG-WHOIS Conflicts:
> 
> Tamer Abdallah
> Aboyazan Aboyazan
> Abdullahi Adhi Gewana
> Mona Al Achkar Jabbour
> Alyn Andrade
> Mark Bayliss
> Hela Ben Nejima
> Don M. Blumenthal
> Gary Campbell
> Patrick Charnley
> Adrian Cheek
> Donna Cunningham
> Christian Dawson
> Shady El Shafei
> Lars-Erik Forsberg
> Marianne Georgelin
> Allan Ghazi
> Ashley Heineman
> Raymond Ho
> Ismail Hummad
> Jordi Iparraguirre
> Lazkani Khaled
> Tarun Krishnakumar
> Taufik Kurniawan
> Yuan Lu
> Abd Mahmod
> Camino Manjon
> Steven J. Metalitz
> Abdou Mfopa
> Don Moody
> Manuel Moreno-Torres
> Mohamed Mosaad
> Basma Nazif
> Michele Neylon
> Mbabazi Norman
> Drew Noyes
> Ghislain Nyamfit Ng.
> Seun Ojedeji
> Chris Pelling
> Jonathan Perez
> Stephanie Perrin
> Elvin Prasad
> Adrián Quesada Rodríguez
> Mohamed Quriba
> Merit Ramses Kamal
> Adamantia Rachovitsa
> Tariq Rashid
> Seth M. Reiss
> Mohammed Rezkovic
> Carlton Samuels
> D. Saravanan
> Luc Seufer
> Emily Taylor
> Bennette Thomas
> John WD Thomson
> Mbungyuh Tseyah James
> Daniel Vidal
> Christopher Wilkinson
> Ali Yesdel Ibrahim
> 
> To track the work of this group, please visit the IAG-WHOIS Conflicts
> Wiki
> <https://community.icann.org/display/WNLCI/WHOIS+and+national+law+conflicts+IAG+Home>.
> 
> 
>      IAG-WHOIS Conflicts Schedule and Operations
> 
> The IAG-WHOIS Conflicts is expected to commence its work in January 2015
> and produce its recommendations by June 2015.
> 
> A kick-off conference call will be scheduled for 7 January.
> 
> A schedule of subsequent calls and meetings will be available on the
> IAG-WHOIS Conflicts Wiki
> <https://community.icann.org/display/WNLCI/IAG-WHOIS+and+Conflicts+Conference+Call+Schedule>.
> 
> 
>      IAG-WHOIS Conflicts Mission and Scope
> 
> The IAG-WHOIS Conflicts is tasked with providing the GNSO Council
> suggestions on how to improve the current Procedure. The The IAG's
> mission and scope will focus on changes to the Procedure and not ICANN's
> contractual requirements. Any recommendations made by the IAG will be
> forwarded to the GNSO Council to determine whether implementation of the
> Procedure ought to be changed.
> 
> As part of its deliberations, the IAG should, at a minimum, consider the
> following issues that were highlighted in the recent Report of Public
> Comments on this topic. Those issues include:
> 
>  * Process: Should the Procedure be revised to allow for invocation
>    prior to contracting?
>      o If adopted, how would that alter the contracting process?
>      o What parties would be most appropriate to include at this early
>        stage of the Procedure?
>  * Trigger: What triggers would be appropriate for invoking the Procedure?
>      o Would evidence from a data protection authority that the
>        contract is in conflict with national laws be sufficient to
>        trigger the Procedure? If so, how would ICANN define which data
>        protection authority is an acceptable authority? Would the
>        authority have to be a nationally representative body? Should a
>        regional body's opinion carry the same weight as a national or
>        local authority?
>      o Similarly, would an official opinion from a government agency
>        provide enough evidence? If so, which agencies would be most
>        appropriate? Would it have to be an agency tasked with data
>        protection? What about a consumer trust bureau or treasury
>        department that includes consumer protections in its mandate? Or
>        would a foreign ministry provide the best source of information?
>        Which bodies would be considered authoritative enough to provide
>        a creditable opinion?
>      o Would evidence of a conflict from ICANN-provided analysis
>        provide sufficient information to invoke the Procedure? What
>        type of evidence should this analysis cite?
>      o If the Procedure allowed for a written opinion from a nationally
>        recognized law firm to provide sufficient evidence for a
>        trigger? What types of firms could be considered nationally
>        recognized? Should it be accredited or made to prove its
>        competency? If so, how? What if ICANN receives contradictory
>        opinions from two firms? How is it to determine the more valid
>        argument?
>  * Public comment: How should public comments be incorporated into the
>    Procedure?
>      o What role should comments have in ICANN's decision-making process?
>      o What length of public comment period is appropriate to ensure
>        that the Procedure is completed in a timely fashion?
>      o How should comments be analyzed?
>      o Should public comments be treated as a safeguard in case a
>        decision is flawed?
> 
> The IAG shall invite participation in its discussions from other ICANN
> Supporting Organizations and Advisory Committees, including the GAC.
> 
> 
>      Background
> 
> ICANN announced a Call for Volunteers for the Implementation Advisory
> Group to Review Existing ICANN Procedure for Handling WHOIS Conflicts
> with Privacy Laws
> <http://www.icann.org/news/announcement-2014-10-14-en>on 14 October
> 2014. The call for volunteers followed a paper published 22 May 2014
> <http://www.icann.org/public-comments/whois-conflicts-procedure-2014-05-22-en>,
> which opened a review process to solicit community feedback on the
> Procedure's effectiveness. Based on the comments received in response to
> the paper, ICANN convened this IAG in order to explore suggested changes
> to the Procedure, which would be forwarded to the GNSO Council for its
> consideration.
> 
> 
>      Staff contact
> 
> Please contact Eleeza Agopian at eleeza.agopian at icann.org
> <mailto:eleeza.agopian at icann.org> with any questions.
> 
> 
> 
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