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

SLIDES - Call today @ 15:00 – 17:00 UTC
by Alice Jansen Aug. 6, 2018

Aug. 6, 2018

Dear Review Team Members, In preparation for your call #37 [community.icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__community.icann.org_x_…>scheduled for today at 15:00 – 17:00 UTC, please find attached your meeting slides. Many thanks to those of you who submitted revised documents in anticipation of the call today. They are posted on subgroup wiki pages. Kind regards Alice 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 3 August 2018 at 17:03 To: Cathrin Bauer via RDS-WHOIS2-RT <rds-whois2-rt(a)icann.org> Subject: [RDS-WHOIS2-RT] Plenary Call #37 | 6 August 2018 | 15:00 – 17:00 UTC Dear review team members, In preparation for your plenary call #37 [community.icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__community.icann.org_x_…>scheduled for Monday 6 August 2018 | 15:00 – 17:00 UTC, please find below the approved meeting agenda: * Welcome, roll-call, SoI * Subgroups Status Report * Overview of current status: ICANN org * Plan to address missing reports: Rapporteurs * Review of new recommendations, materials, Brussels edits * Face-to-Face Meeting #4 * A.O.B. * Confirm action items and decisions reached 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>. Please find attached the Brussels | Face-to-Face Meeting #3 meeting report for your review. We would also like to kindly remind you that no later than end of your day today is the deadline to complete your assigned action items, to incorporate your edits (using redline) and to circulate them to the review team list. As always, let us know if you have any questions or concerns. Kind regards, Jean-Baptiste

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Whois ARS
by Volker Greimann Aug. 6, 2018

Aug. 6, 2018

Just because it came up in the face to face, the delay between WHOIS ARS whois queries and compliance review of alleged inaccuracies is still quite substantial. We just received an inaccuracy complaint based on an ARS query from October last year: /Reporter Name: WHOIS Accuracy Reporting System (ARS)// //Reporter Email: whoiscompliance(a)icann.org// //Domain being reported: [redacted]// / / //Time of submission/processing: Tue Oct 31 11:00:03 2017/ Note that this is when the ARS system did the query, not when it made its analysis and found certain data to be deficient. So part of the issue may also lie in the way that the ARS process works. -- Bei weiteren Fragen stehen wir Ihnen gerne zur Verfügung. Mit freundlichen Grüßen, Volker A. Greimann - Rechtsabteilung - Key-Systems GmbH Im Oberen Werk 1 66386 St. Ingbert Tel.: +49 (0) 6894 - 9396 901 Fax.: +49 (0) 6894 - 9396 851 Email: vgreimann(a)key-systems.net Web: www.key-systems.net / www.RRPproxy.net www.domaindiscount24.com / www.BrandShelter.com Folgen Sie uns bei Twitter oder werden Sie unser Fan bei Facebook: www.facebook.com/KeySystems www.twitter.com/key_systems Geschäftsführer: Alexander Siffrin Handelsregister Nr.: HR B 18835 - Saarbruecken Umsatzsteuer ID.: DE211006534 Member of the KEYDRIVE GROUP www.keydrive.lu Der Inhalt dieser Nachricht ist vertraulich und nur für den angegebenen Empfänger bestimmt. Jede Form der Kenntnisgabe, Veröffentlichung oder Weitergabe an Dritte durch den Empfänger ist unzulässig. Sollte diese Nachricht nicht für Sie bestimmt sein, so bitten wir Sie, sich mit uns per E-Mail oder telefonisch in Verbindung zu setzen. -------------------------------------------- Should you have any further questions, please do not hesitate to contact us. Best regards, Volker A. Greimann - legal department - Key-Systems GmbH Im Oberen Werk 1 66386 St. Ingbert Tel.: +49 (0) 6894 - 9396 901 Fax.: +49 (0) 6894 - 9396 851 Email: vgreimann(a)key-systems.net Web: www.key-systems.net / www.RRPproxy.net www.domaindiscount24.com / www.BrandShelter.com Follow us on Twitter or join our fan community on Facebook and stay updated: www.facebook.com/KeySystems www.twitter.com/key_systems CEO: Alexander Siffrin Registration No.: HR B 18835 - Saarbruecken V.A.T. ID.: DE211006534 Member of the KEYDRIVE GROUP www.keydrive.lu This e-mail and its attachments is intended only for the person to whom it is addressed. Furthermore it is not permitted to publish any content of this email. You must not use, disclose, copy, print or rely on this e-mail. If an addressing or transmission error has misdirected this e-mail, kindly notify the author by replying to this e-mail or contacting us by telephone.

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Subgroup 4 CT Draft from Erika
by Lisa Phifer Aug. 6, 2018

Aug. 6, 2018

All, I am relaying the attached updated draft of the Consumer Trust section from Erika. Best regards, Lisa

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REC 4 Compliance Subgroup Draft Report
by Susan Kawaguchi Aug. 5, 2018

Aug. 5, 2018

Hello All, Please see the latest edits to the Compliance Subgroup Draft report. Susan

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Re: [RDS-WHOIS2-RT] Rec11 Subgroup - Draft for updates
by Lisa Phifer Aug. 5, 2018

Aug. 5, 2018

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Re: [RDS-WHOIS2-RT] Rec10 Subgroup - Draft for updates
by Lisa Phifer Aug. 5, 2018

Aug. 5, 2018

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Updated draft on Plan & Annual report
by SUN Lili Aug. 5, 2018

Aug. 5, 2018

*************************************************************************************************** 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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Updated draft on Data Accuracy
by SUN Lili Aug. 5, 2018

Aug. 5, 2018

*************************************************************************************************** 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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Fwd: German Appellate Court Rules on ICANN Request to Preserve WHOIS Data
by Carlton Samuels Aug. 4, 2018

Aug. 4, 2018

Well, its news...but really no news, the spin aside. -Carlton ============================== *Carlton A Samuels* *Mobile: 876-818-1799Strategy, Process, Governance, Assessment & Turnaround* ============================= ---------- Forwarded message --------- [image: ICANN] <http://www.icann.org/> News Alert https://www.icann.org/news/announcement-2-2018-08-03-en ------------------------------ German Appellate Court Rules on ICANN Request to Preserve WHOIS Data 3 August 2018 LOS ANGELES – 3 August 2018 – The Internet Corporation for Assigned Names and Numbers (“ICANN”) today announced that a German appeal court (Appellate Court of Cologne) has issued a decision on the injunction proceedings ICANN initiated against EPAG, a Germany-based, ICANN-accredited registrar that is part of the Tucows Group. The Appellate Court has determined that it would not issue an injunction against EPAG. In making its ruling, the Appellate Court stated that the interpretation of provisions of the GDPR was not material to its decision, so there was no obligation to refer the matter to the European Court of Justice. Rather, the Appellate Court simply found that it was not necessary for it to issue a preliminary injunction to avoid imminent and substantial disadvantages, and noted that ICANN could pursue its claims in the main proceedings in order to enforce the rights it asserts. ICANN is considering its next steps, including possible additional filings before the German courts, as part of its public interest role in coordinating a decentralized global WHOIS for the generic top-level domain system and will provide additional information in the coming days. Background On 25 May 2018, ICANN filed the injunction proceedings against EPAG. ICANN asked the Regional Court in Bonn, Germany for assistance in interpreting the GDPR in an effort to protect the data collected in WHOIS. ICANN sought a court ruling to ensure the continued collection of all WHOIS data. The intent was to assure that all such data remains available to parties that demonstrate a legitimate purpose to access it, and to seek clarification that under the GDPR, ICANN may continue to require such collection. ICANN filed the proceedings because EPAG had informed ICANN that as of 25 May 2018, it would no longer collect administrative and technical contact information when it sells new domain name registrations. EPAG believes collection of that particular data would violate the GDPR. ICANN's contract with EPAG requires that information to be collected. EPAG is one of over 2,500 registrars and registries that help ICANN maintain the global information resource of the WHOIS system. ICANN is not seeking to have its contracted parties violate the law. Put simply, EPAG's position spotlights a disagreement with ICANN and others as to how the GDPR should be interpreted. On 30 May 2018, the Regional Court determined that it would not issue an injunction against EPAG. In rejecting the injunctive relief, the Court ruled that it would not require EPAG to collect the administrative and technical data for new registrations. However, the Court did not indicate in its ruling that collecting such data would be a violation of the GDPR. Rather, the Court said that the collection of the domain name registrant data should suffice in order to safeguard against misuse in connection with the domain name (such as criminal activity, infringement, or security problems). The Court reasoned that because it is possible for a registrant to provide the same data elements for the registrant as for the administrative and technical contacts, ICANN did not demonstrate that it is necessary to collect additional data elements for those contacts. The Court also noted that a registrant could consent and provide administrative and technical contact data at its discretion. On 13 June 2018, ICANN appealed the Regional Court's ruling to the Higher Regional Court of Cologne, Germany, and again asked for an injunction that would require EPAG to reinstate the collection of all WHOIS data required under EPAG's Registrar Accreditation Agreement with ICANN. On 21 June 2018, the Regional Court in Bonn, Germany, decided to revisit its ruling in the injunction proceedings, which it has the option to do upon receipt of an appeal. On 18 July 2018, the Regional Court decided not to change its original determination not to issue an injunction against EPAG, and referred the matter to the Higher Regional Court in Cologne for the appeal. In addition to the court proceedings, ICANN is continuing to pursue ongoing discussions with the European Commission and the European Data Protection Board to gain further clarification of the GDPR as it relates to the integrity of WHOIS services. About ICANN ICANN's mission is to help ensure a stable, secure and unified global Internet. To reach another person on the Internet, you need to type an address – a name or a number – into your computer or other device. That address must be unique so computers know where to find each other. ICANN helps coordinate and support these unique identifiers across the world. ICANN was formed in 1998 as a not-for-profit public-benefit corporation with a community of participants from all over the world.

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Suggestions? Objective relative to potential amendments to Section 4.6(e)
by Alice Jansen Aug. 4, 2018

Aug. 4, 2018

Dear RDS-WHOIS2, The RDS-WHOIS2 leadership invites you to advise whether you have any suggestions relative to this outstanding objective in your terms of reference: The review team has considered ICANN’s Bylaws, Section 4.6(a)(v): "Each review team may recommend that the applicable type of review should no longer be conducted or should be amended." Consistent with this section, the review team will (a) identify any portions of Section 4.6(e), Registration Directory Service Review, which the team believes should be changed, added or removed, and (b) include any recommended amendments to Section 4.6(e), along with rationale for those amendments, in its review report. Thanks, Kind regards Alice

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