Historical Resolution Tracking Feature » 2006-05-10 - GNSO Recommendation on a Procedure for Potential Conflicts between WHOIS Requirements and Privacy Laws

Important note: The explanatory text provided through this database (including the summary, implementation actions, identification of related resolutions, and additional information) is an interpretation or an explanation that has no official authority and does not represent the purpose behind the Board actions, nor does any explanations or interpretations modify or override the Resolutions themselves. Resolutions can only be modified through further act of the ICANN Board.

2006-05-10 - GNSO Recommendation on a Procedure for Potential Conflicts between WHOIS Requirements and Privacy Laws

Resolution of the ICANN Board

Topic:

Potential conflicts between Whois requirements and national laws

Summary:

Board adopts GNSO recommendation on procedure for potential conflicts between Whois requirements and applicable privacy laws.

Category:

gTLDs

Meeting Date:

Wed, 10 May 2006

Resolution Number:

06.30

URL for Resolution:

http://www.icann.org/en/minutes/minutes-10may06.htm

Status:

Complete

Implementation Actions:

Publicly document procedure for handling conflicts.
- Responsible entity: ICANN staff
- Due date: None provided
- Completion date: 18 December 2007

Resolution 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.

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.