Dear Co-Chairs,

The other side I believe ICANN should look at is minimizing the number of domains being cloaked under GDPR.

I would urge the Co-Chairs to also point out to those making policy for GDPR within ICANN that less than 7% of the world’s citizens are EU citizens and only a percentage of domains registered within the EU’s jurisdiction will be registered to natural persons.

As a theoretical exercise: Suppose China passes a law requiring all registrants to have public WHOIS data backed by $20m fines? What’s a US registrar supposed to do? Risk an EU fine or a Chinese fine?

Registrars & registries who choose to do business within the EU's jurisdiction have greater issues than just WHOIS to deal with under GDPR and it should be suggested if they have not done so already that they should contact their customers and get the necessary consents wherever possible for all data use and retention purposes etc. not only public WHOIS.

It is likely most registrants will be happy to confirm their consent to continue having their personal details escrowed outside the EU, and their continued use of either an existing privacy service or open public WHOIS.

This will mean the WHOIS as it currently exists can continue to serve as an extremely valuable world wide resource for probably in excess of 97% of ICANN domain names.

Yours sincerely,
 

Paul


On Wed, May 16, 2018 at 2:53 PM, Julie Hedlund <julie.hedlund@icann.org> wrote:

Dear WG members,

 

Please see below the response from the GNSO Council leadership team to the RPM PDP WG Co-Chairs concerning the letter they sent on behalf of the WG (attached) relating to the impact of the GDPR on the provision of domain name dispute resolution services under the UDRP and the URS.

 

Best regards,

Mary, Ariel, and Julie

 

From: council <council-bounces@gnso.icann.org> on behalf of Heather Forrest <haforrestesq@gmail.com>
Date: Wednesday, May 16, 2018 at 6:59 AM
To: Mary Wong <mary.wong@icann.org>, "Corwin, Philip" <pcorwin@verisign.com>, Kathy Kleiman <kathy@kathykleiman.com>, "Beckham, James Brian" <brian.beckham@wipo.int>
Cc: "council@gnso.icann.org" <council@gnso.icann.org>
Subject: Re: [council] Letter from RPM PDP co-chairs on GDPR & domain name dispute resolution

 

Dear Mary, Julie, Ariel (ICANN staff), and Phil, Kathy, Brian (RPM PDP WG co-chairs),

 

On behalf of the Council leadership team, thank you for your initiative and for providing this analysis as Council turns its attention to the (E)PDP and its requirements. I'll suggest that we channel any questions raised on the Council list between now and the 24 May meeting through Paul as liaison. If questions relating to RPM PDP come up in the 21 May Q&A webinar, we will channel those back to you promptly after. The May Council agenda (draft to be posted soon) prioritises a bulk of the meeting time to GDPR/RDS next steps, and your information will help to inform that discussion.

 

Best wishes,

 

Heather Forrest

 

On Tue, May 15, 2018 at 11:07 AM, Mary Wong <mary.wong@icann.org> wrote:

Dear Councilors,

 

Please find attached, for your review and discussion, a letter from the co-chairs of the Review of All Rights Protection Mechanisms (RPMs) Policy Development Process Working Group relating to the impact of the General Data Protection Regulation (GDPR) on the provision of domain name dispute resolution services under the Uniform Domain Name Dispute Resolution Policy (UDRP) and the Uniform Rapid Suspension procedure (URS). The letter references and includes an attachment containing relevant provisions of the UDRP and URS Procedures and Rules that may, and in some cases do, involve the use of Whois and personal data in proceedings brought under these processes.

 

The attachment can also be viewed as a Google Sheet via this link: https://docs.google.com/spreadsheets/d/1npMYgAvm9uILCfymewqae_ib6uuqDM_cpBcs3UecHDE/edit?usp=sharing [docs.google.com]

 

Please let us know if you have any questions or follow up for the Working Group or its co-chairs.

 

Thanks and cheers

Mary, Julie & Ariel


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