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Business Constituency (BC) comment on ICANN Reserve Fund Proposed Replenishment Strategy
by Steve DelBianco April 25, 2018

April 25, 2018

Attached is the comment of the ICANN Business Constituency (BC) regarding the ICANN Reserve Fund Proposed Replenishment Strategy. This comment was drafted by John Berard, Jimson Olufuye, and Steve DelBianco, with edits from Denise Michel, Chris Wilson, and Marilyn Cade. It was approved in accord with the BC Charter. Steve DelBianco Vice Chair for Policy Coordination ICANN Business Constituency

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Business Constituency (BC) response to Article 29 Working Party 11-Apr-2018 Guidance Letter
by Steve DelBianco April 21, 2018

April 21, 2018

Attached is a response from the ICANN Business Constituency (BC) to the Article 29 Working Party Guidance Letter regarding Whois and GDPR (dated of 11-Apr-2018). This comment was drafted by Margie Milam and Mason Cole, with edits by Paul Mitchell, Steve DelBianco, Tim Chen, Alex Deacon, and Zak Muscovitch. Steve DelBianco Vice Chair for Policy Coordination ICANN Business Constituency<http://bizconst.org/>

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FILED: BC comment on SSAC Plan for Name Collision Analysis Project
by Steve DelBianco April 18, 2018

April 18, 2018

Thanks to Stephanie Duchesneau for drafting our BC comment regarding the draft SSAC Plan for the proposed Name Collision Analysis Project (NCAP). We filed the attached comment today with ICANN.

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Interview with Goran Marby: Privacy regulators in hotseat over future of ‘fundamental’ website owners list – EURACTIV.com
by Steve DelBianco April 7, 2018

April 7, 2018

See here<https://www.euractiv.com/section/data-protection/news/privacy-regulators-in…> and below. Privacy regulators in hotseat over future of ‘fundamental’ website owners list The internet is at risk of becoming fragmented if online databases that show who owns websites are shut down after the EU’s new data protection law takes effect next month, the head of internet domain organisation ICANN has warned. National data protection authorities from EU member states are under pressure to spell out whether the databases, known as the WHOIS system, can stay online and continue displaying personal information like names, email addresses and phone numbers of people who registered internet domain names. Law enforcement authorities say that information is often useful for criminal investigations, like in the aftermath of WannaCry, a major cybersecurity attack last year. The European Commission and EU police agency Europol have lobbied Internet Corporation for Assigned Names and Numbers (ICANN), the US-based non-profit organisation that oversees the databases, to find a way to keep the website information online without breaking the strict new EU privacy law. Europol asked ICANN to make sure law enforcement authorities are excluded from any new access restrictions to the system. Commission lobbies for police access to website owners list<https://www.euractiv.com/section/data-protection/news/commission-lobbies-fo…> The European Commission has suggested that law enforcement authorities could soon have restricted access to the WHOIS database that identifies website owners because the system is on a collision course with the EU’s strict new data protection law. The organisation has proposed fixes like an accreditation system to control who access the databases, or a new limited version that displays less personal information about website owners. But so far, there is still no sign of what will happen to the WHOIS system. Time is running out—the data protection regulation takes effect on 25 May—and ICANN is alarmed. Göran Marby, ICANN’s CEO, said EU data protection regulators need to publish legal advice so that companies and people who run WHOIS databases can be sure they will not face fines under the new regulation, which is also known as the GDPR. They have reason to be afraid: the legislation comes with record-high sanctions that could cost misbehaving companies up to €20 million, or as much as 4% of their annual worldwide turnover. The law will also give national data protection authorities an arsenal of new powers, including the ability to set those fines. “The balance is really in their hands now to say ‘we believe that it is important for police forces to get access to this information’,” Marby told EURACTIV in an interview. The umbrella group of regulators, known as the Article 29 working party, will meet in Brussels next week (10-11 April). Marby said he has asked the regulators to draft a legal opinion on how the system can comply with the GDPR during the two-day session. A spokeswoman for the group declined to say whether the WHOIS showdown is on the meeting agenda because it is not yet public. “If we don’t get clear guidance, one of the fundamental things that’s been around for a very long time, since the beginning of the internet, could be fragmented and that could have severe effects,” Marby said. “Until we have that guidance, I will be frustrated,” he added. The privacy showdown is having ripple effects. The US government has also weighed in on the potential effects that the EU’s watershed privacy law could have on WHOIS. If information is removed from the database, police outside Europe will also have access to less information about website ownership. A Trump administration official warned at an ICANN meeting last month that “the United States will not accept a situation in which WHOIS information is not available or is so difficult to gain access to that it becomes useless for the legitimate purposes that are critical to the ongoing stability and security of the internet,” technology news website The Register reported.<https://www.theregister.co.uk/2018/03/13/us_government_icann_domain_privacy/> But Marby said it is hard to predict what could be the immediate effects on the WHOIS system because companies operating databases need “proper implementation time” to adjust how they publish information in order to meet the privacy regulators’ demands. If operators of WHOIS websites do not receive a legal blessing from the authorities, they might remove details from the databases according to their own interpretation of the GDPR, Marby warned. “I don’t think that’s good for privacy and I don’t think that’s good for police forces that use that data for purposes of their own. That is our worst-case scenario,” he said. “We don’t know today where the threshold is when it comes to the balance between the right to privacy and the need for information according to the GDPR because it has not been set.” [https://bowtie.mailbutler.io/tracking/hit/B1A31195-AB1F-4A44-A6D4-91DD854D8…]

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REMINDER: GDPR Accreditation and Access Model for Non-Public WHOIS Data
by ICANN Policy Calendar April 5, 2018

April 5, 2018

Just a reminder about the GDPR/Whois call tomorrow at 10am Eastern/ 14 UTC. First attachment is the calendar item. To join by Webex, go to https://mytrials.webex.com/mytrials/onstage/g.php?MTID=ef97af68549ec7e2ed65… To join by phone, call 1-240-454-0879 in the US, or see all global call-in numbers here<https://mytrials.webex.com/cmp3200/webcomponents/widget/globalcallin/global…> Access code: 921 995 866 Second attachment is the draft Accreditation model, v1.3 (same as what we circulated on 27-Mar) Third attachment is a summary of comments on v1.3 received over the last 10 days. Overview This meeting is intended to be an interactive and collaborative event. After 10 minutes of introduction we will begin our substantive discussion of implementing an accreditation and access model for non-public Whois data, for 1 hour and 30 minutes. Please see attached version 1.3 of the model and a summary table of the comments. The discussion moderator will introduce topics and take a queue for community discourse, and each person in the queue may ask a question or present a refinement of the solution for accreditation and access. Participants will have 2 minutes to make their statement or ask their question, and the moderator will manage appropriate follow-up (question, answer, note for further consideration, etc.). Volunteers on the model drafting group will chronicle comments, suggestions and questions and attempt to resolve them in the next draft of the document (version 1.4). Ground Rules * Criticism is welcome when accompanied by a solution – this is a working session, and we assume that everyone attending has the good intent to solve the problems identified by the Article 29 Working Party, DPAs, EU Commissioners, GAC, LEA, Cybersecurity, IP/Consumer Protection and other communities with a legitimate need to use non-public Whois data. * Time constraints will be strictly enforced. If participants are unable to articulate their issue, solution or comment in the allotted time they are able to follow-up with an email or document to 3amcomments(a)gmail.com<mailto:3amcomments@gmail.com>. Input will be publicly archived. When ICANN Org staff creates the necessary archived email address and website, data will be posted there. * Polite and constructive discourse is welcome; criticisms without viable, proposed solutions are not constructive. Agenda Time Subject Leader 5 Minutes Welcome and Introduction * Objective, Format,Time Limits Steve DelBianco 5 Minutes Accreditation and Access Model History and Overview Brian Winterfeldt 90. Minutes Open discussion of model and comments submitted 1. Overview of comments (see table) 2. Discussion of comments (see table) 3. Other input Fabricio Vayra (moderator) 10 Minutes Temporary Access Protocol Susan Kawaguchi 10 Minutes Summary, Next Steps & Close Steve DelBianco, Brian Winterfeldt From: Accred-Model <accred-model-bounces(a)icann.org> on behalf of ICANN Policy Calendar <PolicyCalendar(a)icann.org> Date: Thursday, April 5, 2018 at 6:41 PM To: "accred-model(a)icann.org" <accred-model(a)icann.org> Subject: [Accred-Model] Accreditation and Access Model for Non-Public WHOIS Data **Resending the invite as more members have requested the join information** Meeting: Accreditation and Access Model for Non-Public WHOIS Data Call Date/time: Friday, 6 April 2018 at 14:00 UTC for 120 minutes 07:00 PDT, 10:00 EDT, 16:00 Paris CEST, 19:00 Karachi PKT, 23:00 Tokyo JST, (Saturday) 00:00 Melbourne AEST For other times: https://tinyurl.com/ybj7fkk7 New Connection Information New Web conference tool: Webex Please join the meeting room here: 1. Click here[mytrials.webex.com]<https://urldefense.proofpoint.com/v2/url?u=https-3A__mytrials.webex.com_myt…> to join the online event. Or copy and paste the following link to a browser: https://mytrials.webex.com/mytrials/onstage/g.php?MTID=ef97af68549ec7e2ed65… 2. Click "Join Now". Audio connection: It’s possible to connect via Webex VoIP, but audio quality cannot be guaranteed. We recommend you connect to the audio bridge with your telephone. To receive a call back, provide your phone number when you join the event, or call the number below and enter the access code. USA Toll 1-240-454-0879 Show all global call-in numbers<https://mytrials.webex.com/cmp3200/webcomponents/widget/globalcallin/global…> Access code: 921 995 866 If you require a dial-out (do not send to full email group) please send an email request with your preferred contact number to ozan.sahin(a)icann.org<mailto:ozan.sahin@icann.org> If you cannot join the WebEx room join via telephone listed below. Please let me know if you have any questions. Thank you. Kind regards, Ozan Sahin ______________________________________________________________________ Participant passcode: ACCREDITATION Dial in numbers: Country Toll Free ARGENTINA 0800-777-0519 AUSTRALIA ADELAIDE: 61-8-8121-4842 1-800-657-260 AUSTRALIA BRISBANE: 61-7-3102-0944 1-800-657-260 AUSTRALIA CANBERRA: 61-2-6100-1944 1-800-657-260 AUSTRALIA MELBOURNE: 61-3-9010-7713 1-800-657-260 AUSTRALIA PERTH: 61-8-9467-5223 1-800-657-260 AUSTRALIA SYDNEY: 61-2-8205-8129 1-800-657-260 AUSTRIA 43-1-92-81-113 0800-005-259 BELGIUM 32-2-400-9861 0800-3-8795 BRAZIL RIO DE JANEIRO: 55-21-40421490 0800-7610651 BRAZIL SAO PAULO: 55-11-3958-0779 0800-7610651 CHILE 1230-020-2863 CHINA CHINA A: 86-400-810-4789 10800-712-1670 CHINA CHINA B: 86-400-810-4789 10800-120-1670 COLOMBIA 01800-9-156474 CROATIA 080-08-06-309 CZECH REPUBLIC 420-2-25-98-56-64 800-700-177 DENMARK 45-7014-0284 8088-8324 EGYPT 0800000-9029 ESTONIA 800-011-1093 FINLAND 358-9-5424-7162 0-800-9-14610 FRANCE LYON: 33-4-26-69-12-85 080-511-1496 FRANCE MARSEILLE: 33-4-86-06-00-85 080-511-1496 FRANCE PARIS: 33-1-70-70-60-72 080-511-1496 GERMANY 49-69-2222-20362 0800-664-4247 GREECE 30-80-1-100-0687 00800-12-7312 HONG KONG 852-3001-3863 800-962-856 HUNGARY 36-1-700-8856 06-800-12755 INDONESIA 001-803-011-3982 IRELAND 353-1-246-7646 1800-992-368 ISRAEL 1-80-9216162 ITALY MILAN: 39-02-3600-6007 800-986-383 ITALY ROME: 39-06-8751-6018 800-986-383 ITALY TORINO: 39-011-510-0118 800-986-383 JAPAN OSAKA: 81-6-7878-2631 0066-33-132439 JAPAN TOKYO: 81-3-6868-2631 0066-33-132439 LATVIA 8000-3185 LUXEMBOURG 352-27-000-1364 8002-9246 MALAYSIA 1-800-81-3065 MEXICO GUADALAJARA (JAL): 52-33-3208-7310 001-866-376-9696 MEXICO MEXICO CITY: 52-55-5062-9110 001-866-376-9696 MEXICO MONTERREY: 52-81-2482-0610 001-866-376-9696 NETHERLANDS 31-20-718-8588 0800-023-4378 NEW ZEALAND 64-9-970-4771 0800-447-722 NORWAY 47-21-590-062 800-15157 PANAMA 011-001-800-5072065 PERU 0800-53713 PHILIPPINES 63-2-858-3716 1800-111-42453 POLAND 00-800-1212572 PORTUGAL 351-2-10054705 8008-14052 ROMANIA 40-31-630-01-79 RUSSIA 8-10-8002-0144011 SAUDI ARABIA 800-8-110087 SINGAPORE 65-6883-9230 800-120-4663 SLOVAK REPUBLIC 421-2-322-422-25 0800-002066 SOUTH AFRICA 080-09-80414 SOUTH KOREA 82-2-6744-1083 00798-14800-7352 SPAIN 34-91-414-25-33 800-300-053 SWEDEN 46-8-566-19-348 0200-884-622 SWITZERLAND 41-44-580-6398 0800-120-032 TAIWAN 886-2-2795-7379 00801-137-797 THAILAND 001-800-1206-66056 TURKEY 00-800-151-0516 UNITED ARAB EMIRATES 8000-35702370 UNITED KINGDOM BIRMINGHAM: 44-121-210-9025 0808-238-6029 UNITED KINGDOM GLASGOW: 44-141-202-3225 0808-238-6029 UNITED KINGDOM LEEDS: 44-113-301-2125 0808-238-6029 UNITED KINGDOM LONDON: 44-20-7108-6370 0808-238-6029 UNITED KINGDOM MANCHESTER: 44-161-601-1425 0808-238-6029 URUGUAY 000-413-598-3421 USA 1-517-345-9004 866-692-5726 VENEZUELA 0800-1-00-3702 VIETNAM 120-11751 _______________________________________________ Accred-Model mailing list Accred-Model(a)icann.org https://mm.icann.org/mailman/listinfo/accred-model

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Business Constituency (BC) comment on Procedure for Community gTLD Change Requests
by Steve DelBianco April 3, 2018

April 3, 2018

Attached is the comment of the ICANN Business Constituency (BC) regarding the Draft Procedure for Community gTLD Change Requests. This comment was drafted by Faisal Shaw and Steve DelBianco, with help from Marilyn Cade and Andrew Mack.. It was approved in accord with the BC Charter. Steve DelBianco Vice Chair for Policy Coordination ICANN Business Constituency<http://bizconst.org/>

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Invitation: ICANN Supported call regarding Accreditation Model Proposal , 6-Apr at 1400 UTC
by Steve DelBianco April 2, 2018

April 2, 2018

INVITATION: DISCUSS THE ACCREDITATION AND ACCESS MODEL FOR NON-PUBLIC WHOIS DATA On Friday 6 April at 1400 UTC, the Business and Intellectual Property Constituencies are hosting a two-hour call to seek further input on a proposed Accreditation and Access Model for Non-Public WHOIS Data<https://www.icann.org/en/system/files/files/gdpr-aam1-ipbc-whois-access-acc…>. The goal of the call is to seek additional comment and stakeholder participation in evolving the model for accreditation and access to non-public WHOIS data, which is to be implemented in parallel with ICANN’s Proposed Interim Model for GDPR<https://www.icann.org/en/system/files/files/gdpr-compliance-interim-model-0…> and other efforts to comply with the General Data Protection Regulation (GDPR). To join this call, please send an email to admin-accred-model(a)icann.org<mailto:admin-accred-model@icann.org> and you’ll receive instructions for online and phone participation. Community participation is key, so feel free to distribute this invitation. Please come prepared to discuss the Accreditation and Access Model and comments, and help the community move this initiative forward. Also, please note that the call will be recorded, transcribed, and publicly posted and archived. The discussion of a potential accreditation model began during ICANN 61 in San Juan and will surely continue after this week, so there will be ongoing opportunities to provide feedback regarding the accreditation model. This effort is not a GNSO-chartered policy project and is separate from the work of the GNSO’s Policy Development Process Working Group on a Next-Generation Registration Directory Service to Replace WHOIS. Also, IPC President Brian Winterfeldt just published a blog on CircleID to further publicize the Friday discussion: http://www.circleid.com/posts/20180402_icann_ipc_and_bc_to_host_cross_commu…

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Business Constituency (BC) comment on Plan to Restart the Root Key Signing Key (KSK) Rollover
by Steve DelBianco April 2, 2018

April 2, 2018

Attached is the comment of the ICANN Business Constituency (BC) regarding the draft Plan to Restart the Root Key Signing Key (KSK) Rollover Process. This comment was drafted by Denise Michel and Stephanie Duchesneau. It was approved in accord with the BC Charter. Steve DelBianco Vice Chair for Policy Coordination ICANN Business Constituency<http://bizconst.org/>

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FYI: Request for Adequate Assurances Relating to WHOIS and GDPR
by Steve DelBianco March 26, 2018

March 26, 2018

Just an FYI on a letter sent to ICANN yesterday from Jonathan Matkowsky of RiskIQ. He requests “adequate assurances” that “consistent with its Mission, its Bylaws, applicable law and GAC Advice, WHOIS data remains available to us” --S ---------- Forwarded message ---------- From: jonathan matkowsky <jonathan.matkowsky(a)riskiq.net<mailto:jonathan.matkowsky@riskiq.net>> Date: Sun, Mar 25, 2018 at 10:39 PM Subject: Request for Adequate Assurances Relating to WHOIS and GDPR To: goran.marby(a)icann.org<mailto:goran.marby@icann.org>, cherine.chalaby(a)icann.org<mailto:cherine.chalaby@icann.org> Cc: gdpr(a)icann.org<mailto:gdpr@icann.org>, cathrin.bauer-bulst(a)ec.europa.eu<mailto:cathrin.bauer-bulst@ec.europa.eu>, lkapin(a)ftc.gov<mailto:lkapin@ftc.gov>, didp(a)icann.org<mailto:didp@icann.org> Please see attached. Thank you. RiskIQ, Inc. Jonathan Matkowsky, VP - IP & Brand Security

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GAC Communicque from ICANN61 - San Juan
by Steve DelBianco March 15, 2018

March 15, 2018

The GAC Communique from ICANN61 is here<https://gac.icann.org/advice/communiques/public/20180315_icann61%20gac%20co…>. Below are excerpts of “GAC consensus advice” on issues of high interest to the BC . Regarding GDPR: The GAC reiterates its previous advice, including the Abu Dhabi Communiqué, to maintain, to the greatest extent possible, the current structure of the WHOIS, while ensuring full and timely compliance with GDPR. The GAC does not envision an operational role in designing and implementing the proposed accreditation programs but reiterates its willingness to advise the Board and engage with ICANN Org and the community on the development of codes of conduct from a public policy perspective. The GAC notes the opportunity for individual governments, if they wish to do so, to provide information to ICANN on governmental users to ensure continued access to WHOIS. Regarding the proposed draft interim model, consistent with the GAC’s comments to ICANN filed on March 8, 2018, a. the GAC advises the ICANN Board to instruct the ICANN Organization to: i. Ensure that the proposed interim model maintains current WHOIS requirements to the fullest extent possible; ii. Provide a detailed rationale for the choices made in the interim model, explaining their necessity and proportionality in relation to the legitimate purposes identified; iii. In particular, reconsider the proposal to hide the registrant email address as this may not be proportionate in view of the significant negative impact on law enforcement, cybersecurity and rights protection; iv. Distinguish between legal and natural persons, allowing for public access to WHOIS data of legal entities, which are not in the remit of the GDPR; v. Ensure continued access to the WHOIS, including non-public data, for users with a legitimate purpose, until the time when the interim WHOIS model is fully operational, on a mandatory basis for all contracted parties; vi. Ensure that limitations in terms of query volume envisaged under an accreditation program balance realistic investigatory cross- referencing needs; and vii. Ensure confidentiality of WHOIS queries by law enforcement agencies. Furthermore, b. the GAC advises the ICANN Board to instruct the ICANN Organization to: i. Complete the interim model as swiftly as possible, taking into account the advice above. Once the model is finalized, the GAC will complement ICANN’s outreach to the Article 29 Working Party, inviting them to provide their views; ii. Consider the use of Temporary Policies and/or Special Amendments to ICANN’s standard Registry and Registrar contracts to mandate implementation of an interim model and a temporary access mechanism; and iii. Assist in informing other national governments not represented in the GAC of the opportunity for individual governments, if they wish to do so, to provide information to ICANN on governmental users to ensure continued access to WHOIS Rationale includes: ICANN’s new interim proposal suggests significant changes to the WHOIS system, including masking several categories of previously public information. Regarding .AMAZON: The GAC received an update from several of its members regarding the proposal submitted by Amazon.com at ICANN 60. The GAC understands that member governments of the Amazon Cooperation Treaty Organization (ACTO) have established a process for analyzing the proposal, and that this analysis is progressing. The GAC was informed that Amazon.com and Board members have made themselves available to assist if requested. The GAC considered Board Resolutions 2017.10.29.02 and 2017.10.29.03. The GAC decided, in a spirit of good cooperation, to reply to the Board’s request for any additional information the GAC wishes to provide regarding the .amazon case. The GAC’s letter to the Board is attached to this Communique.

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