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 (*Note that Registration Data is defined in the Temporary Specification as “data collected from a natural and legal person in connection with a domain name registration.” This is broader than just data displayed in RDDS and includes all data collected in connection with the domain name registration.)

9.  Is making the natural vs legal distinction WHOIS within the picket fence, i.e., a suitable topic for policy discussion?

Yes, access to gTLD registration data generally is one of the allowed topics for consensus policy as set forth in ICANN Bylaws and registry and registrar agreements. (That list of topics is referred to by some as “the picket fence”). Please refer to AnnexG-1 and G-2 of the ICANN Bylaws as well as Specification 1 Section 1.3.4 of the Base Registry Agreement and the Consensus Policies and Temporary Policies Specification of the Registrar Accreditation Agreement, which provide that: “maintenance of andaccess to accurate and up-to-date information concerning domain name registrations” is one of the topics on which ICANN may enforce consensus policies.

EPDB Advice

1. 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?

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1. Is indemnification provided by ICANN through a joint controller agreement an option? If EPDP agrees on policy that requires ICANN to indemnify, would the ICANN legal team and Board oppose it?
2. What is the rationale for not redacting organization field in the Temporary Specification?
3. When will the ICANN be released memorandum concerning the roles and responsibilities in processing data. The EPDP team encourages ICANN to issue the memo within 48 hours so its position can be referenced in the Initial Report.