Thank you Fahd for keeping us updated On Wed, Oct 15, 2014 at 10:19 AM, Saleh, Mohammed <[email protected]> wrote:
> Dear all, > > How to un-subscribe from this list? > > > > thanks > > > > *From:* [email protected] [mailto: > [email protected]] *On Behalf Of *Fahd Batayneh > *Sent:* Wednesday, October 15, 2014 9:12 AM > *To:* MENOG > *Subject:* [menog] FW: ICANN News Alert -- Call for Volunteers for > Implementation Advisory Group to Review Existing ICANN Procedure for > Handling WHOIS Conflicts with Privacy Laws > > > > FYI… For those interested in the handling of WHOIS conflicts with privacy > laws, a call for volunteers to join the Implementation Advisory Group. > > > > Fahd Batayneh > > ICANN > > > > *Sent:* Wednesday, October 15, 2014 1:44 AM > *Subject:* ICANN News Alert -- Call for Volunteers for Implementation > Advisory Group to Review Existing ICANN Procedure for Handling WHOIS > Conflicts with Privacy Laws > > > > [image: ICANN] <http://www.icann.org/> > 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 > <https://www.icann.org/resources/pages/whois-privacy-conflicts-procedure-2008-01-17-en> > (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 > <http://gnso.icann.org/en/issues/whois-privacy/council-rpt-18jan06.htm>. > 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 > <https://community.icann.org/display/gnsosoi/New+SOIs>). 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 [email protected] 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 > <http://gnso.icann.org/en/issues/whois-privacy/council-rpt-18jan06.htm> > 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: > > 1. 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. > 2. Create goals for the procedure which include: > > > 1. Ensuring that ICANN staff is informed of a conflict at the > earliest appropriate juncture; > 2. 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; > 3. 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 > 4. 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 > <https://www.icann.org/public-comments/whois-conflicts-procedure-2014-05-22-en>. > 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 > <https://www.icann.org/en/system/files/correspondence/dryden-to-crocker-23sep14-en.pdf> > [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. > > ------------------------------ > > This e-mail and any attachments ("Email") is for the exclusive use of the > intended recipient. 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