Dear Councillors, Please, let me know by Monday, 12 October, in case you disagree with Triage recommendation 40-2015: IAG Initial Report and Proposed Revisions to the ICANN Procedure for Whois Conflicts with Privacy Laws. Thanks, Gabi == Topic: 40-2015: IAG Initial Report and Proposed Revisions to the ICANN Procedure for Whois Conflicts with Privacy Laws Originator: ICANN/³Implementation Advisory Group² (IAG) Summary of request: In November 2005, the Generic Names Supporting Organization (GNSO) concluded a policy development process (PDP) on Whois conflicts with privacy law <http://gnso.icann.org/en/issues/whois-privacy/council-rpt-18jan06.htm> , which recommended the creation of a procedure to address conflicts between a contracted party's Whois obligations and local/national privacy laws or regulations. A contracted party that credibly demonstrates that it is legally prevented from complying with its Whois obligations can invoke the procedure, which became effective in January 2008. The procedure defines a credible demonstration as one in which the contracted party has received "notification of an investigation, litigation, regulatory proceeding or other government or civil action that might affect its compliance." The procedure has never been invoked. ICANN launched a review of the procedure in May 2014. An Implementation Advisory Group (IAG) was formed and began its work in January 2015. The IAG devoted most of its time discussing whether additional triggers to invoke the procedure should be incorporated and if so how to ensure that they remain consistent with the existing policy. The IAG now submits its initial report for public comment and to the GNSO Council. Date received: 6 October 2015 Last day for Comments/input/response, if any: 17 November 2015 Recommended action, if any: No Action Expertise needed, if any: Legal, administrative Date of submission to Council: 8 October 2015 Last date of Council decision: 12 October 2015 Impact on ccNSO/ccTLDs: Low