[EURO-Discuss] [ALAC-Announce] ICANN News Alert -- Call for Volunteers for Implementation Advisory Group to Review Existing ICANN Procedure for Handling WHOIS Conflicts with Privacy Laws

TaC International contact at againstcybercrime.eu
Wed Nov 5 19:13:17 UTC 2014


Dear Wolf, all,

I'd be happy to be part of the group as well. Best regards, yuliya

Le 05.11.2014 16:17, Wolf Ludwig a écrit :
> Dear Jordi and all,
> 
> I would be pleased if you could join this important WG on WHOIS
> Conflicts with Privacy Laws as a EURALO representative.
> 
> This is just to recall that at our Lisbon GA in June 2013 we defined
> and decided Privacy as one of our top 5 issues for the region.
> Therefore any further volunteers would be welcome.
> 
> Best regards,
> Wolf
> 
> 
>  Jordi Iparraguirre wrote Tue, 04 Nov 2014 13:03:
>> If there are no objections I'd volunteer to work on this WG.
>> 
>> I moved the "partially-closed" whois for .cat (individual users may
>> opt-out and hide their personal data) and I'm currently quite involved
>> in privacy issues promoting "cryptoparties"
>> https://en.wikipedia.org/wiki/CryptoParty  in Barcelona. BTW, what 
>> about
>> having one in ICANN52 ?
>> 
>> yours,
>> jordi
>> 
>> El 01/11/14 a les 00:03, Olivier MJ Crepin-Leblond ha escrit:
>>> Yes indeed -- this appears to be the only opportunity we have to 
>>> address
>>> this problem.
>>> As the topic of Privacy is a popular topic in Europe, I hope we'll 
>>> have
>>> volunteers stepping forward.
>>> Kind regards,
>>> 
>>> Olivier
>>> 
>>> 
>>> On 31/10/2014 15:12, Michele Neylon - Blacknight wrote:
>>>> Christopher
>>>> 
>>>> Yes, but ignoring this process or not getting involved won't help or 
>>>> solve anything
>>>> 
>>>> ICANN hasn't addressed this. The GAC won't
>>>> 
>>>> So this process is the only opportunity
>>>> 
>>>> Regards
>>>> 
>>>> Michele
>>>> 
>>>> 
>>>> --
>>>> Mr Michele Neylon
>>>> Blacknight Solutions
>>>> Hosting, Colocation & Domains
>>>> http://www.blacknight.host/
>>>> http://blog.blacknight.com/
>>>> http://www.technology.ie
>>>> http://www.blacknight.press for all our news & media
>>>> Intl. +353 (0) 59  9183072
>>>> Direct Dial: +353 (0)59 9183090
>>>> Social: http://mneylon.social
>>>> -------------------------------
>>>> Blacknight Internet Solutions Ltd, Unit 12A,Barrowside Business 
>>>> Park,Sleaty
>>>> Road,Graiguecullen,Carlow,Ireland  Company No.: 370845
>>>> 
>>>> 
>>>> -----Original Message-----
>>>> From: euro-discuss-bounces at atlarge-lists.icann.org 
>>>> [mailto:euro-discuss-bounces at atlarge-lists.icann.org] On Behalf Of 
>>>> Christopher Wilkinson
>>>> Sent: Wednesday, October 15, 2014 8:10 PM
>>>> To: ICANN At-Large Staff
>>>> Cc: Discussion for At-Large Europe; 
>>>> alac-announce at atlarge-lists.icann.org Announce
>>>> Subject: Re: [EURO-Discuss] [ALAC-Announce] ICANN News Alert -- Call 
>>>> for Volunteers for Implementation Advisory Group to Review Existing 
>>>> ICANN Procedure for Handling WHOIS Conflicts with Privacy Laws
>>>> Importance: High
>>>> 
>>>> Good evening:
>>>> 
>>>> Thankyou for this notice, however I beg to demur:
>>>> 
>>>> 1.	I shall NOT volunteer to participate in this process.
>>>> 
>>>> 2.	ICANN is bound by its Articles to respect national and regional 
>>>> law.
>>>> 
>>>> 3.	The 'burden of proof' in this whole area should be overturned: we 
>>>> should not be talking about whether local law should be respected. 
>>>> That is the default.
>>>> 
>>>>  	We should be talking about whether and under what conditions 
>>>> national and regional laws should NOT be respected. (if at all.)
>>>> 
>>>> 4.	This matter goes beyond the scope and mandate of the "GNSO 
>>>> Council". In view of the history, that is an inappropriate 'filter'.
>>>> 	The ICANN Board and the GAC have to resolve this issue directly on 
>>>> their own authority.-
>>>> 
>>>> Regards
>>>> 
>>>> CW
>>>> 
>>>> 
>>>> 
>>>> On 15 Oct 2014, at 00:34, ICANN At-Large Staff 
>>>> <staff at atlarge.icann.org> wrote:
>>>> 
>>>>> 
>>>>> News Alert
>>>>> 
>>>>> https://www.icann.org/news/announcement-2014-10-14-en
>>>>> 
>>>>> Call for Volunteers for Implementation Advisory Group to Review
>>>>> Existing ICANN Procedure for Handling WHOIS Conflicts with Privacy
>>>>> Laws
>>>>> 14 October 2014
>>>>> In Brief
>>>>> 
>>>>> ICANN seeks volunteers to serve on an Implementation Advisory Group
>>>>> (IAG) to review and suggest potential changes to the implementation 
>>>>> of
>>>>> the ICANN Procedure for Handling WHOIS Conflicts with Privacy Laws
>>>>> (the Procedure.) What This Team Will Do
>>>>> 
>>>>> The IAG will work with ICANN staff on reviewing the current steps 
>>>>> of the Procedure and identifying possible changes to the procedure 
>>>>> to facilitate resolution of issues where WHOIS requirements 
>>>>> conflict with applicable laws. The IAG is expected to explore 
>>>>> whether any of the Procedure's elements ought to be amended in 
>>>>> order to strike this balance. Any recommended changes made will 
>>>>> need to be in line with the Procedure's underlying policy, which 
>>>>> was adopted by the GNSO Council in 2005. As a result, recommended 
>>>>> changes to the implementation of the procedure, if any, will be 
>>>>> shared with the GNSO Council to ensure that these do not conflict 
>>>>> with the intent of the original policy recommendations.
>>>>> How This Team Will Work
>>>>> 
>>>>> Like other ICANN working groups, the Implementation Advisory Group 
>>>>> will use transparent, open processes. The meetings of the IAG are 
>>>>> expected to take place via conference calls which will be recorded, 
>>>>> and the recordings will be available to the public. Initially, it 
>>>>> is expected the group will meet once every two weeks, but the IAG 
>>>>> will then determine its preferred schedule and methodology. The 
>>>>> mailing list for the IAG will be archived publicly. Observers are 
>>>>> welcome to join the mailing list to monitor the discussions. These 
>>>>> observers will receive emails from the group, but will not be able 
>>>>> to post messages or attend meetings. IAG members are expected to 
>>>>> submit Statements of Interest (SOI). The group will collaborate 
>>>>> using a public workspace.
>>>>> How To Join
>>>>> 
>>>>> ICANN invites interested parties to join the IAG, which will be 
>>>>> open to anyone interested to join. ICANN urges interested community 
>>>>> members willing to work on this initiative and with a range of 
>>>>> views to join and contribute to the group's work. As noted above, 
>>>>> you can join the IAG either as a member or an observer. Please 
>>>>> contact whois-iag-volunteers at icann.org if you wish to join the IAG.
>>>>> Background
>>>>> 
>>>>> In November 2005, the Generic Names Supporting Organization (GNSO) 
>>>>> concluded a policy development process (PDP) on WHOIS conflicts 
>>>>> with privacy law which recommended that "In order to facilitate 
>>>>> reconciliation of any conflicts between local/national mandatory 
>>>>> privacy laws or regulations and applicable provisions of the ICANN 
>>>>> contract regarding the collection, display and distribution of 
>>>>> personal data via the gTLD WHOIS service, ICANN should:
>>>>> Develop and publicly document a procedure for dealing with the 
>>>>> situation in which a registrar or registry can credibly demonstrate 
>>>>> that it is legally prevented by local/national privacy laws or 
>>>>> regulations from fully complying with applicable provisions of its 
>>>>> ICANN contract regarding the collection, display and distribution 
>>>>> of personal data via WHOIS.
>>>>> Create goals for the procedure which include:
>>>>> Ensuring that ICANN staff is informed of a conflict at the earliest
>>>>> appropriate juncture; Resolving the conflict, if possible, in a 
>>>>> manner
>>>>> conducive to ICANN's Mission, applicable Core Values, and the
>>>>> stability and uniformity of the WHOIS system; Providing a mechanism 
>>>>> for the recognition, if appropriate, in circumstances where the 
>>>>> conflict cannot be otherwise resolved, of an exception to 
>>>>> contractual obligations to those registries/registrars to which the 
>>>>> specific conflict applies with regard to collection, display and 
>>>>> distribution of personally identifiable data via WHOIS; and 
>>>>> Preserving sufficient flexibility for ICANN staff to respond to 
>>>>> particular factual situations as they arise".
>>>>> The ICANN Board adopted the recommendations in May 2006 and the 
>>>>> final Procedure was made effective in January 2008. Although to 
>>>>> date no registrar or registry operator has formally invoked the 
>>>>> Procedure, concerns have been expressed both by public authorities 
>>>>> as well as registrars and registry operators concerning potential 
>>>>> conflicts between WHOIS contractual obligations and local law.
>>>>> Given that the WHOIS Procedure has not been invoked and yet 
>>>>> numerous concerns have arisen from contracted parties and the wider 
>>>>> community, ICANN launched a review as part of the Procedure. The 
>>>>> review was launched with the publication of a paper for public 
>>>>> comment on 22 May 2014. The paper outlined the Procedure's steps 
>>>>> and invited public comments on a series of questions. The body of 
>>>>> public comment was analyzed by ICANN staff, and the proposed next 
>>>>> step is the formation of an IAG to consider changes to how the 
>>>>> Procedure is enacted and used. ICANN staff found common themes 
>>>>> among some of the suggestions in the public comments, which may 
>>>>> allow for changes to implementation of the Procedure in line with 
>>>>> the underlying policy.
>>>>> On 22 September 2014, the GAC noted [PDF, 55 KB] that the issues 
>>>>> around the WHOIS Conflicts with National Law Procedure warrant 
>>>>> further time and attention, as they touch on significant public 
>>>>> policy matters associated with national laws and the legitimate 
>>>>> uses of WHOIS data. The IAG is open to participation and GAC 
>>>>> members and other government stakeholders are encouraged to take 
>>>>> part in the group to contribute to advancement of the work in this 
>>>>> area.
>>>>> The IAG's recommendation will then be shared with the GNSO Council 
>>>>> to determine the next steps.
>>>>> 
>>>>> 
>>>>> _______________________________________________
>>>>> ALAC-Announce mailing list
>>>>> ALAC-Announce at atlarge-lists.icann.org
>>>>> https://atlarge-lists.icann.org/mailman/listinfo/alac-announce
>>>>> 
>>>>> At-Large Official Site: http://www.atlarge.icann.org
>>>> _______________________________________________
>>>> EURO-Discuss mailing list
>>>> EURO-Discuss at atlarge-lists.icann.org
>>>> https://atlarge-lists.icann.org/mailman/listinfo/euro-discuss
>>>> 
>>>> Homepage for the region: http://www.euralo.org
>>>> _______________________________________________
>>>> EURO-Discuss mailing list
>>>> EURO-Discuss at atlarge-lists.icann.org
>>>> https://atlarge-lists.icann.org/mailman/listinfo/euro-discuss
>>>> 
>>>> Homepage for the region: http://www.euralo.org
>>>> 
>>> 
>>> _______________________________________________
>>> EURO-Discuss mailing list
>>> EURO-Discuss at atlarge-lists.icann.org
>>> https://atlarge-lists.icann.org/mailman/listinfo/euro-discuss
>>> 
>>> Homepage for the region: http://www.euralo.org
>>> 
>> _______________________________________________
>> EURO-Discuss mailing list
>> EURO-Discuss at atlarge-lists.icann.org
>> https://atlarge-lists.icann.org/mailman/listinfo/euro-discuss
>> 
>> Homepage for the region: http://www.euralo.org
>> 
> 
> EuroDIG Secretariat
> http://www.eurodig.org/
> mobile +41 79 204 83 87
> Skype: Wolf-Ludwig
> 
> EURALO - ICANN's Regional At-Large Organisation
> http://euralo.org
> 
> Profile on LinkedIn
> http://ch.linkedin.com/in/wolfludwig
> _______________________________________________
> EURO-Discuss mailing list
> EURO-Discuss at atlarge-lists.icann.org
> https://atlarge-lists.icann.org/mailman/listinfo/euro-discuss
> 
> Homepage for the region: http://www.euralo.org

-- 
TaC International
Together against Cybercrime International
Headquarter
BP 40061 F-67002
Strasbourg Cedex

Paris office
19, rue Dantzig
75015 Paris-France

Moscow office
Semenovskaya nab.,d.2/1,st.1
101000 Moscow-Russia

Tel.: +33 369731460
Fax.: +33 972377401
Follow us on Facebook


More information about the EURO-Discuss mailing list