May 2018 - RDS-WHOIS2-RT - lists.icann.org

Compliance subgroup draft report
by Susan Kawaguchi June 6, 2018

June 6, 2018

Hello All, Please see the attached Compliance subgroup draft report. Apologies to the subgroup in not providing this to you earlier in the week for your review but thought it best to hit the deadline for the draft report to the full working group. This report still needs more work, I definitely did not organize the information optimally and will continue to work on that. I intend to use a table format for some of our analysis as we did for the RT1 compliance recommendation. Also there may be duplicative language as I moved things around I may not have caught all of the changes. I also intentionally left some duplicative language to remind me to continue editing. I am hoping the subgroup will meet next week for additional discussion on the findings and recommendations. Best regards, Susan

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Data Accuracy subgroup draft report
by SUN Lili June 5, 2018

June 5, 2018

Dear all, Sorry for the late submission. Please refer to attached the revised version of the Data Accuracy subgroup draft report, which incorporated the discussion of 2nd F2F meeting and answers to the follow up questions on Data accuracy and Compliance from ICANN. As to the proposed recommendations, I’ll reflect in Compliance subgroup draft report. Thanks, Lili *************************************************************************************************** This message, and any attachment contained, are confidential and subject of legal privilege. It may be used solely for the designated police/justice purpose and by the individual or entity to whom it is addressed. The information is not to be disseminated to another agency or third party without the author’s consent, and must not be retained longer than is necessary for the fulfilment of the purpose for which the information is to be used. All practicable steps shall be taken by the recipients to ensure that information is protected against unauthorised access or processing. INTERPOL reserves the right to enquire about the use of the information provided. If you are not the intended recipient, be advised that you have received this message in error. In such a case, you should not print it, copy it, make any use of it or disclose it, but please notify us immediately and delete the message from any computer. *************************************************************************************************

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Tucows Prevails, for now
by Carlton Samuels June 1, 2018

June 1, 2018

...the application was on the proverbial 'wing and prayer' anyhow. If you read the ICANN pleading & Tucow's response, one doubts the outcome on the first question should have been in doubt. I think JJ's statement is purely a recitation of fact; the substantive question[s] surrounding remains unanswered by the court, hence the clarity anticipated remains elusive. A couple of interesting tidbits though: 1) the reference to the RAA's Sec 5.8 - Dispute Resolution Clause which outlines how RAA disputants must proceed in case of a dispute for performance etc. While the RAA does allow for litigation "*in a court of competent jurisdiction*" or by arbitration in a panel raised in LA County, it further says such litigation is exclusively in California courts. It appears the Bonn regional court disputes the primacy of a California court as '*jurisdiction and exclusive venue*" to grant "*arbitral relie**f"*. 2) It appears to rubbish the ICANN Procedures for Handling Conflicts with Privacy Laws by asserting the primacy of local law and the applicability of RAA Sec 3.7.2. All in all, *not*, IMHO, a hopeful sign for the ICANN position anywhere. https://www.icann.org/en/system/files/files/litigation-icann-v-epag-request… -Carlton ============================== *Carlton A Samuels* *Mobile: 876-818-1799Strategy, Process, Governance, Assessment & Turnaround* =============================

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ICANN takes legal action in respect to GDPR
by Alan Greenberg May 30, 2018

May 30, 2018

https://www.icann.org/news/announcement-2018-05-25-en For those who might not have noticed, on Friday, ICANN announced that it has filed injunction proceedings against a German registrar (associated with TUCOWS) that had informed ICANN that under the GDPR, it would no longer be collecting certain data (Admin and Technical contact info). Collection is a critical step, in that if data is not collected, it cannot be released to accredited parties, no matter how good their justification is. As I understand it (and that could be wrong), this is an interesting step, in that it takes the issue out of the hands of data commissioners and into the courts, where presumably ICANN will be given an opportunity to explain why it believes that such collection is important. Although data commissioners have been reported to say that they have no legal basis to grant a delay, this is something that the courts can do pending resolution. Alan

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CONSUMER SUB-GROUP UPDATE
by Erika Mann May 30, 2018

May 30, 2018

Dear All - Sorry for the late submission. The attached version incorporates the discussion of 2nd F2F meeting in Brussels and further investigation of the reseller problematic. Apologies to my sub-group members for not having been able to consult with them. Thanks goes to Lisa for helping with the update! Thanks, Erika Erika Mann +32 498 121354

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Re: [RDS-WHOIS2-RT] Plenary #29 | 28 May | 15:00 UTC
by Jean-Baptiste Deroulez May 30, 2018

May 30, 2018

Dear Review Team Members, Please find attached an updated version of the slides deck for today’s plenary call. Kind regards, Jean-Baptiste From: RDS-WHOIS2-RT <rds-whois2-rt-bounces(a)icann.org> on behalf of Jean-Baptiste Deroulez <jean-baptiste.deroulez(a)icann.org> Date: Friday, May 25, 2018 at 8:35 PM To: Cathrin Bauer via RDS-WHOIS2-RT <rds-whois2-rt(a)icann.org> Subject: [RDS-WHOIS2-RT] Plenary #29 | 28 May | 15:00 UTC Dear Review Team Members, In preparation for your call #29 [community.icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__community.icann.org_x_…> scheduled for Monday 28 May 2018 – 15:00 – 16:30 UTC, please find below the meeting agenda: * Welcome, roll-call, SoI Updates * Short-Term Options to Adjust the Timeline for Specific Reviews * ICANN62 * Face-to-Face Meeting #3 – Brussels * Subgroups Status Update * A.O.B. * Confirm Decisions Reached and Action Items As per discussion on plenary call #28 and as no objections were raised, the plenary call start time has been moved to 15:00 UTC on Mondays. You should all have received dial-in details to join this call. If not, please contact us (off list) at rds-whois2-staff(a)icann.org<mailto:rds-whois2-staff@icann.org>. As always, let us know if you have any questions or concerns. Kind regards, Jean-Baptiste

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ICANN sues and Tucows counters
by Carlton Samuels May 30, 2018

May 30, 2018

So ICANN is not happy with what one registrar is doing to mitigate its risks per GDPR compliance. So it filed against this Tucows proprietary in a German court. Tucows counters and delivers a statement that goes to the heart of the Temporary Specification; it does not give them the comfort they feel is needed. Cannot now from the publicly-available information say the parties followed the ICANN Procedure for Handling WHOIS Conflicts with Privacy Laws. But it appears that procedure now has a wooden stake to its heart. http://www.tucows.com/tucows-statement-on-icann-legal-action/ FWIW, I am already on record about the Conflicts procedure; wrong -headed and insidious. -Carlton ============================== *Carlton A Samuels* *Mobile: 876-818-1799Strategy, Process, Governance, Assessment & Turnaround* =============================

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NYT: American News Outlets Response to GDPR
by Carlton Samuels May 30, 2018

May 30, 2018

Um, well, there is something to say about being risk-averse, especially if the 'conscious avoidance' doctrine will sink you. https://www.nytimes.com/2018/05/25/business/media/europe-privacy-gdpr-us.ht… ============================== *Carlton A Samuels* *Mobile: 876-818-1799Strategy, Process, Governance, Assessment & Turnaround* =============================

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F2F Meeting in Brussels
by Alan Greenberg May 30, 2018

May 30, 2018

If your invitation to the F2F meeting is like mine, it is inviting me to a meeting in Munich, Germany. To be clear, we have not changed the venue. This is an error and hopefully will be corrected quickly. Alan

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Re: [RDS-WHOIS2-RT] REVIEW NEEDED: ICANN62 Engagement Session Description
by Alan Greenberg May 29, 2018

May 29, 2018

How about ending with: This is your opportunity to provide input to the RDS-WHOIS2 Review Team prior to the finalization of their Draft Report. That emphasizes what stage we are at and supports our request to be removed from the Public Comment. Alan At 29/05/2018 02:06 AM, Cathrin.BAUER-BULST(a)ec.europa.eu wrote: >Dear all, > >Some small edits proposed in the text below (in bold and red) to >clarify 1) the "this" in the second sentence and 2) that this >engagement session is one opportunity to provide feedback (i.e., >there will be more) just to avoid misunderstanding. > >All best >Cathrin > >From: RDS-WHOIS2-RT [mailto:rds-whois2-rt-bounces@icann.org] On >Behalf Of Jean-Baptiste Deroulez >Sent: Monday, May 28, 2018 10:15 PM >To: RDS WHOIS2-RT List >Subject: [RDS-WHOIS2-RT] REVIEW NEEDED: ICANN62 Engagement Session Description > >Dear Review Team members, > >Following the action item identified today on plenary call ><https://community.icann.org/x/MgMFBQ>#28, please review the below >updated ICANN62 engagement session description and confirm by >tomorrow, Tuesday 29 May 2018 23:59 UTC whether you have any edits/comments. > >Join a discussion with the Registration Directory Service Review >team (RDS-WHOIS2). > >The Registration Directory Service Review, formerly known as "WHOIS" >(RDS-WHOIS2) is mandated by the ICANN Bylaws., thisThe scope of its >work includes assessing how the recommendations of the first WHOIS >Review were carried out, as well as assessing the effectiveness of >the gTLD registry directory service and whether its implementation >meets the legitimate needs of law enforcement, promoting consumer >trust and safeguarding registrant data. The RDS-WHOIS2 Review Team >will update the community on its findings to date and seek input on >its findings as well as address any questions pertaining to its >scope and work plan. This is your one opportunity for you to provide >input into the RDS-WHOIS2 work. > >For more information, please visit the RDS-WHOIS2 wiki ><https://community.icann.org/display/WHO/RDS-WHOIS2+Review/>https://community.icann.org/display/WHO/RDS-WHOIS2+Review/. > > >Learn more about opportunities to participate in RDS-WHOIS2 work at: ><https://community.icann.org/display/WHO/Observers>https://community.icann.org/display/WHO/Observers. > > > >In absence of comments/edits, the ICANN62 engagement session >description will be considered approved. > >Kind regards, > >Jean-Baptiste >Content-Type: text/plain; charset="us-ascii" >Content-Transfer-Encoding: 7bit >Content-Disposition: inline >X-Microsoft-Exchange-Diagnostics: > >1;YTOPR01MB0396;27:HutsYQzWF4ZxT9WvcAM27AphOaNoZT5Whip//g127FwNulBnXxwtZY+wIFVNL7Ec8ysZEM6OBquwJqOGD0H9JFoteKZJw7C8Md8re/Da9nYTobGbsb0l0P8oB7SWLCrD >X-Microsoft-Antispam-Message-Info: > >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 > >_______________________________________________ >RDS-WHOIS2-RT mailing list >RDS-WHOIS2-RT(a)icann.org >https://mm.icann.org/mailman/listinfo/rds-whois2-rt

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