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ICANN: tell us how you will break Whois rules

Kevin Murphy, December 11, 2017, 11:25:25 (UTC), Domain Policy

ICANN has invited registrars and registries to formally describe how they plan to break the current rules governing Whois in order to come into compliance with European Union law.
The organization today published a set of guidelines for companies to submit proposals for closing off parts of Whois to most internet users.
It’s the latest stage of the increasingly panicky path towards reconciling ICANN’s contracts with the General Data Protection Regulation, the EU law that comes into full effect in a little over five months.
GDPR is designed to protect the privacy of EU citizens. It’s generally thought to essentially ban the full, blanket, open publication of individual registrants’ contact information, but there’s still some confusion about what exactly registries and registrars can do to become compliant.
Fines maxing out at of millions of euros could be levied against companies that break the GDPR.
ICANN said last month that it would not pursue contracted parties that have to breach their agreements in order to avoid breaking the law.
The catch was that they would have to submit their proposals for revised Whois services to ICANN for approval first. Today is the first time since then that ICANN has officially requested such proposals.
The request appears fairly comprehensive.
Registries and registrars will have to describe how their Whois would differ from the norm, how it would affect interoperability, how protected data could be accessed by parties with “legitimate interests”, and so on.
Proposals would be given to ICANN’s legal adviser on GDPR, the Swedish law firm Hamilton, and published on ICANN’s web site.
ICANN notes that submitting a proposal does not guarantee that it will be accepted.

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