No.RecommendationRecipientThematic Group SourceAssigneesStatus
14ICANN should adjust its contractual framework to minimize conflict between its requirements and relevant national laws.ICANN Board; ICANN StaffTG2



Implementation Details

The At-Large Community has been keen on advising ICANN to systematically adjust its contractual framework and minimize the conflict between contractual requirements and national laws/regulations. For example, the ALAC is in process preparing a Statement that advises ICANN to improve the Registrar Data Retention Waiver Request process and to develop a preemptive solution that minimizes the legal, financial, and operational impact on non-US registrars.

At-Large members have also been actively contributing to the CCWG-Accountability Work Stream Jurisdiction SubGroup. One of the work areas of the SubGroup is to address ICANN’s relationships with the national jurisdictions for particular domestic issues (ccTLDs managers, protected names either for international institutions or country and other geographic names, national security, etc.), privacy, and freedom of expression.

Next Step

The ALAC will submit the advice to the ICANN Board with regard to the Registrar Data Retention Waiver Request process. At-Large will continue engaging in the CCWG-Accountability Work Stream 2 Jurisdiction SubGroup. Seasoned At-Large leaders will encourage more At-Large members to participate proactively and make greater influence.




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1 Comment

  1. This problem is often found when it comes to the treatment of personal information.

    Work is currently taking place two-fold:

    1. by ICANN issuing special amendments to its contracts on a case by case basis specifically regarding its data retention waivers:
      etc. Many of these are individual Data Retention Waivers but also a process to change the agreement on a more permanent basis
    2. The ICANN Cross Community Working Group on ICANN Accountability is also looking at the Issue. I would recommend that the work of this working group be examined once it is complete

    Worth noting that I have asked other SO/AC Chair in the past about this issue (prior to the work taking place above) and there was, at the time, barely any response.