+1 Chris +1 Alan This looks like the way to go, getting some perspective from EU lawyers is a good idea also. Most of them advise me to migrate asap, as long Privacy Shield lasts there is no issue for me as Registrar. One lawyer suggests I prepare for the scenario that privacy shield fails, and take the following into account: Streamline the process for the additional contracts. Every US Registry and EU Registrar will have to enter into separate contracts (that's a lot of contracts). Figure out a way to get unambiguous consent from the Registrants regarding the current domain registrations (new registrations is easy), as EU Registrars require that consent if the above scenario unfolds. Theo On 27-9-2016 21:40, Chris Pelling wrote:

Alan , thank you for your insight regarding the fact that we should bring this to the attention of ICANN legal instead of the GNSO. However, the Role of the IRT is also : If the IRT identifies potential modifications to the policy or recommendations, the team will refer these to the GNSO Council for its consideration and additional guidance.

Taking into account the legal review team never considered the invalidation of Safe Harbor, with the impending invalidation of Privacy Shield how does that work?

Bringing it to the attention of ICANN legal sounds like a way forward (thank you for that suggestion), however, as an EU Registrar, I would like to to see that ICANN legal also consults EU lawyers to ensure the implications for me are clear.

Kind regards,

Chris

------------------------------------------------------------------------ *From: *"Dennis Chang" <dennis.chang@icann.org> *To: *gnso-impl-thickwhois-rt@icann.org *Sent: *Friday, 23 September, 2016 20:25:44 *Subject: *[Gnso-impl-thickwhois-rt] Thick Whois IRT Meeting Agenda - 27 October 2016 Meeting

Dear Thick Whois IRT,

Agenda for the 27^October 2016 meeting has been posted on the IRT Wiki page.

https://community.icann.org/display/TWCPI/IRT+Meetings%3A+Agenda+and+Minutes...

Provided here for your convenience.

27 September 2016

------------------------------------------------------------------------

* Agenda: o Revised CL&D Consensus Policy (Dennis Chang email: 21 September 2016) o Transition from Thin to Thick + Draft Consensus Policy document review - Draft Version 4 (Dennis Chang email 22 September 2016) + Public Comment readiness o Draft memo to GNSO Council regarding Privacy (Mark Anderson email 26 August 2016) o WHOIS Privacy Conflicts Procedure (Theo Geurtz email 4 September 2016) + https://www.icann.org/resources/pages/whois-privacy-conflicts-procedure-2008... o Next Steps

Please feel free to provide your comments on the meeting agenda.

—

Kind Regards,

Dennis S. Chang

GDD Services & Engagement Program Director

+1 213 293 7889

Skype: dennisSchang

www.icann.org "One World, One Internet"

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