Many thanks Andrew.  Re the Recommendation 11 discussion, apologies for having to bring up Implementation Guidance at this stage, but Implementation Guidance 11.5 in the Strawperson Document contains a provision requiring the Requestor of the registration data (under certain circumstances) to indemnify a Registrar that responds with disclosure. 

The current terms and conditions for the RDRS Pilot which you kindly provided state as follows:

6. RESPONSIBILITY AND LIABILITY FOR DISCLOSURE DECISION
The registrar to whom your request is routed will be solely responsible for assessing the request
and making the decision to disclose the requested Data and will assume sole liability in this
regard. If the registrar needs to communicate with and seek additional information or
clarifications from you to appropriately respond to your request, that communication must
occur outside of the RDRS. Interactive communications between you and any registrars will
not be supported within the RDRS.

The Pilot terms and conditions also state that the Requestor warrants compliance with privacy laws in Paragraph 14, which warranty presumably runs in favor of ICANN:

14. GENERAL REPRESENTATION AND WARRANTY
In addition to and notwithstanding Section 15 (General Representation and Warranty) of the
ICANN Terms of Service, you represent and warrant that your use of the RDRS system will
not violate privacy and data protection laws, including but not limited to the rights of any
individual or any other third party.

Given that it is the registrar as controller that is ultimately responsible for the decision to disclose under applicable law, I think the Supp Rec Team will need to talk about the indemnification issue and the implications of Implementation Guidance 11.5. 

Apologies if I have misunderstood the Strawperson text or the current RDRS Terms and Conditions.  

Thank you,
Anne

Anne Aikman-Scalese
GNSO Councilor
NomCom Non-Voting 2022-2026
anneicanngnso@gmail.com


On Tue, May 26, 2026 at 7:47 AM Andrew Chen <andrew.chen@icann.org> wrote:

Dear Anne,

 

Please see below for a link to the Terms of Use for Requestors currently being used for the RDRS pilot.

 

Terms of Use for Requestors: https://www.icann.org/en/system/files/files/rdrs-terms-service-07nov23-en.pdf

 

Sincerely, 

Andrew

 

-- 

Andrew Chen

Policy Development Support Sr. Specialist, Policy Development Support

Internet Corporation for Assigned Names and Numbers (ICANN)

https://www.icann.org/

 

 

 

From: Anne ICANN <anneicanngnso@gmail.com>
Date: Monday, May 25, 2026 at 1:51 PM
To: Andrew Chen <andrew.chen@icann.org>
Cc: Andrew Chen via Gnso-ssad <gnso-ssad@icann.org>
Subject: [Ext] Re: [Gnso-ssad] Proposed Agenda | SSAD Supplemental Recommendations Team | 27 May 2026

 

Thank you, Andrew.  Regarding the discussion on Recommendation 11, could someone please forward a link to the Terms and Conditions for Requestors currently being used under the RDRS Pilot?

Thank you,

Anne

 

Anne Aikman-Scalese

GNSO Councilor

NomCom Non-Voting 2022-2026

 

 

On Thu, May 21, 2026 at 12:00 PM Andrew Chen via Gnso-ssad <gnso-ssad@icann.org> wrote:

Dear SSAD Supplemental Recommendations Team Members,

 

Please find below the proposed agenda for our next meeting on Wednesday, 27 May 2026.

 

Proposed Agenda

  1. Welcome and Overview of Agenda
  2. Recap of Recommendation 11 discussion and working methodology
  3. Plan for ICANN 86 Face-to-Face
    1. Introduction of David Plumb, Consensus Building Institute
    2. Goal of Day 0 Meeting
    3. Recommendations covered
  1. Overview of Recommendations denoted by Standing Committee as HIGH level of effort to modify
    1. Recommendation 1 – Accreditation
    2. Recommendation 2 - Accreditation of Gov’t Entities
    3. Recommendation 6 - Priority Levels
    4. Recommendation 8 - Contracted Party Authorization
    5. Recommendation 10 - Service Level Agreements
  1. Discussion of Recommendation 17 (Reporting Requirements)
  2. Recap of Action Items and Agreements
  3. AOB

Sincerely, 

 

Andrew on behalf of the GNSO Support Team

 

-- 

Andrew Chen

Policy Development Support Sr. Specialist, Policy Development Support

Internet Corporation for Assigned Names and Numbers (ICANN)

https://www.icann.org/

 

 

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