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

Olivier MJ Crepin-Leblond ocl at gih.com
Sat Dec 13 13:57:15 UTC 2014


Dear Christopher,

this topic is a particularly hot topic for EURALO so I am glad some
volunteers from our community stepped forward. I hope it will inspire
others - you CAN make a difference.
Kind regards,

Olivier

On 13/12/2014 13:28, Christopher Wilkinson wrote:
> 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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>>
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>

-- 
Olivier MJ Crépin-Leblond, PhD
http://www.gih.com/ocl.html



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