Fabien,

Thank you for the opportunity to comment on the status of the legal review required by recommendation #3. 

In general, Verisign tends to agree with ICANN staff (and the EWG Memo) that using the EU Data Protection Framework as a baseline starting point for a more comprehensive analysis is appropriate.  Particularly given the mandate in recommendation #3 to go beyond the tentative, generalized observations contained in EWG memo, a memo which noted that “the present analysis is provided without respect to decisions made or contemplated by ICANN and is neither a detailed nor complete analysis of data protection laws within any particular jurisdiction”, we also agree that further refinement of that baseline analysis, including a detailed and comprehensive review of the applicable law of specific jurisdictions, is an appropriate next step.   

To that end, and because it is difficult to provide meaningful comment on such a complex topic without first understanding the threshold questions that must necessarily form the basis of such a legal analysis, we would suggest that ICANN share the specific questions that the legal review is based upon with the IRT, as well as which jurisdictions are being focused on as an initial matter.   With a better understanding of the “questions presented” for the legal review and the specific jurisdictions that are being examined, we believe the IRT will be much better equipped to provide meaningful comments and suggestions regarding the scope and nature of the legal review as a whole.

Joe

From: gnso-impl-thickwhois-rt-bounces@icann.org [mailto:gnso-impl-thickwhois-rt-bounces@icann.org] On Behalf Of Fabien Betremieux
Sent: Tuesday, December 16, 2014 4:47 PM
To: gnso-impl-thickwhois-rt@icann.org
Cc: gnso-secs@icann.org
Subject: [Gnso-impl-thickwhois-rt] Thick Whois Status + Next IRT meeting postponed to Jan. 2015

Dear Colleagues,

Following our meeting on 4 December, we would like to share some status with you :

• Consistent Labeling and Display Impact Assessment: we are actively processing your feedback, and we will need more time than originally thought to determine the appropriate next steps.
• Transition from thin to thick/Legal Review: please find attached a status report of this effort as discussed in our call. We would like to remind you, as discussed in our meeting, that you can share you comments or questions on this topic by Friday 19 December at the latest.
• Transition form thin to thick/Group of experts: we are still considering the most efficient approach to engage with the Group of Experts from affected parties while we await the conclusions of the Legal Review.

To ensure the most effective use of your time, and because we will need more time before we can update you on the above topics, we will cancel the date we had saved (Thursday 18 December) for our next meeting, and will reconvene, as appropriate, in the second half of January (details to follow in due time).

In the meantime, we wish you a wonderful holiday season.

Best Regards

-- 

Fabien Betremieux

Sr. Registry Services & Engagement Manager

Global Domains Division, ICANN