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ICANN Org is not aware that any amendments are currently being considered. The Board is scheduled to meet in August to consider reaffirming the Temporary Specification according to the process in ICANN’s agreements for adopting temporary policies and specifications.

     2. Can an update be provided on the status of the reconfirmation of the Temporary Specification by the ICANN Board? 

      There is a board meeting planned for later today (21 August). No changes to the Temporary Specification are being proposed. 

Temporary Specification Terminology Clarification

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Section 4.4.5 of the Temporary Specification provides a mechanism for third parties to contact Registered Name Holders to address “technical issues and/or errors with a Registered Name or any content or resources associated with such a Registered Name.” With regards to the question about ICANN being a “content regulator,” Section 1.1.c of ICANN’s Bylaws makes clear that ICANN does not regulate content.

Outstanding Questions

1. Has the WHOIS Conflicts with local laws procedure been used and successfully used to date? Please indicate the instances where the procedure was invoked and the outcome. Were any specific issues identified with the use of this procedure?
2. Regarding data disclosures concerning LEA requests: does GDPR compel a report of those disclosures to be made to the data subject? Please provide analysis of “in-jurisdiction” and “out-of-jurisdiction” requests.
3. Believing that ICANN org has its own GDPR implementation plan in place, it would be helpful for our group to understand the elements and implementation status of the plan so that the Team can draw comparisons to the EPDP Team’s work.

4. The Council envisioned, via the EPDP Charter, to have direct participation of ICANN org liaisons, within the EPDP Team. As we leave the Triage and head into substantive detail, do the ICANN liaisons see a role or specific set of actions for ICANN supporting the team?

5. Can ICANN summarize in some searchable form the contacts and engagements with the EDPB and/or other DPAs in relation to the Temporary Specification for gTLD Registration Data?

6. In section 5.7 of the Temporary Specification (and other sections), what is the meaning of “reasonable access”? Is it access to personal data reasonably provided? Does “reasonably” relate to the effort necessary to retrieve it? Does it mean how criteria for releasing it are applied, i.e., legitimate and not overcome by the rights of others? Should it just be “access”?

7. Regarding Temporary Specification section 4.4.8 - Supporting a framework to address issues involving domain name registrations: the team requests additional specificity. Does this mean that registrars and registries must support a uniform access mechanism when approved or is there some present requirement?
8. Regarding Temporary Specification section 4.4.13 - Handling contractual monitoring requests: which data sets will be required to measure compliance against which contractual provisions?