- Category: gTLDs
- Topic: Potential conflicts between Whois requirements and national laws
- Board meeting date: 10 May 2006
- Resolution number: 06.30
- URL for Board minutes/resolution: http://www.icann.org/en/minutes/minutes-10may06.htm
- Status: Completed
Summary
Board adopts GNSO recommendation on procedure for potential conflicts between Whois requirements and applicable privacy laws.
Text
Whereas, at its meeting on 28 November 2005, the GNSO Council voted by a supermajority in favour of the 'Recommendation on a procedure for potential conflicts between Whois requirements and privacy laws' in the Final Task Force Report of the Whois Task Force, and to forward it to the ICANN Board as a policy recommendation;
Whereas, the Preliminary Task Force Report on Policy recommendation and advice on a procedure for handling conflicts between a registrar/registry's legal obligations under privacy laws and their contractual obligations to ICANN was posted for public comments on the ICANN web site on 12 September 2005;
Whereas, the GNSO Council Report to the Board was published on the ICANN web site on January 18, 2006;
Whereas, the GNSO recommendation consists of a recommendation to ICANN on how ICANN should respond to potential difficulties its contracting parties could have in complying with ICANN contractual requirements, and the adoption of the recommendation would not impose any new obligations on any registries, registrars or third parties;
Resolved [06.30] that the Board adopts the 'recommendation on a procedure for potential conflicts between Whois requirements and privacy laws "; and to develop and publicly document a procedure for dealing with such conflicts, taking into account the advice of the GNSO and any other interested ICANN Supporting Organization or Advisory Committee.
Implementation Actions
- Publicly document procedure for handling conflicts.
- Responsible entity: ICANN staff
- Due date: None provided
- Completion date: 18 December 2007
Other Related Resolutions
- Other resolutions TBD.
Additional Information
- The Whois National Laws procedure is available at: http://www.icann.org/en/processes/revised-draft-whois-procedure-18dec07.htm.
- The announcement of the Whois National Laws procedure is available at: http://www.icann.org/en/announcements/announcement-18dec07.htm.
- Modifications to the procedure based on community advice are available at: http://www.icann.org/en/processes/revised-draft-whois-procedure-highlighted-18dec07.pdf.
- The resolution does not address funding for the items identified therein.
Explanatory text does not modify or override Resolutions. See Board Resolutions Page for more information.
