Thanks for providing this draft, Marc. A couple of questions about it on a quick read:
(1)
The first two developments to which you cite are the invalidation of the US-EU Safe Harbor Program and the adoption of the EU-US Privacy Shield framework to replace it. My impression is that US registries
generally did not rely upon the Safe Harbor in processing thick Whois data (e.g., receiving Whois data containing personally identifiable information from European registrars and making it available through registry Whois), and so would not have been directly
impacted by its invalidation. Is my impression wrong? If I am correct then what is the relevance of either the Safe Harbor or the Privacy Shield in this context?
(2)
The last paragraph refers to data localization laws apart from EU privacy/data protection laws. Can you be more specific? I note that the Russian law was referenced in footnotes 2 and 10 of the legal
review provided to the IRT in June 2015, are there other issues not covered by that analysis?
(3)
If the IRT were to send this letter, the GNSO council might well ask what (if anything) we are asking them to do. How would you respond?
Steve Metalitz
Steven J. Metalitz |
Partner, through his professional corporation
T: 202.355.7902
|
met@msk.com
Mitchell Silberberg & Knupp
LLP
|
www.msk.com
1818 N Street NW, 8th Floor, Washington, DC 20036
THE INFORMATION CONTAINED IN THIS E-MAIL MESSAGE IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE DESIGNATED RECIPIENTS.
THIS MESSAGE MAY BE AN ATTORNEY-CLIENT COMMUNICATION, AND AS SUCH IS PRIVILEGED AND CONFIDENTIAL. IF THE READER OF THIS MESSAGE IS NOT AN INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY REVIEW, USE, DISSEMINATION, FORWARDING OR COPYING OF THIS MESSAGE
IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY BY REPLY E-MAIL OR TELEPHONE, AND DELETE THE ORIGINAL MESSAGE AND ALL ATTACHMENTS FROM YOUR SYSTEM. THANK YOU.
From: gnso-impl-thickwhois-rt-bounces@icann.org [mailto:gnso-impl-thickwhois-rt-bounces@icann.org]
On Behalf Of Anderson, Marc
Sent: Friday, August 26, 2016 3:21 PM
To: gnso-impl-thickwhois-rt@icann.org
Subject: [Gnso-impl-thickwhois-rt] Draft Thick Whois memo to the GNSO
Dear Colleagues,
During the IRT meetings held at ICANN 56 Helsinki, Joe Waldron raised concerns with the changing landscape of Privacy Laws, in particular with regard to the EU. He pointed out that recommendation #3 of the Thick Whois policy directs the
IRT to notify the GNSO should privacy issues emerge that were not anticipated by the working group. The IRT agreed that we have an obligation to notify the GNSO and asked Verisign to draft a proposed memo from the IRT to the GNSO.
Please find attached that draft memo outlining the obligation and the reasons why we think it is necessary to provide that notification at this time.
Thank you,
Marc
|
|
|
|
Marc Anderson |
|
