LOS ANGELES - The Internet Corporation for Assigned Names and Numbers (ICANN) today published the updated Procedure for Handling WHOIS Conflicts with Privacy Laws (WHOIS Procedure), which is effective immediately.
According to ICANN, the WHOIS Procedure has been revised to incorporate an alternative trigger to invoke the WHOIS Procedure. The current trigger in the WHOIS Procedure allows a registry operator or ICANN-accredited registrar to invoke the procedure if the contracted party is in receipt of a notification of an action that its compliance with WHOIS obligations is prevented by local laws. With the additional trigger, a registry operator or ICANN-accredited registrar may now also invoke the WHOIS Procedure by providing ICANN with a written statement from the applicable government agency responsible for enforcing its data privacy laws and indicating that a WHOIS obligation in an ICANN contract conflicts with such applicable national law.
The modification to the WHOIS Procedure is based on input from the community and the work of an Implementation Advisory Group (IAG), which was tasked with reviewing possible changes to the WHOIS Procedure and providing the Generic Names Supporting Organization (GNSO) with recommendations to facilitate resolution of issues where WHOIS requirements conflict with applicable laws.
In May 2016, the IAG submitted its final report [PDF, 155 KB] and recommendation to the GNSO Council. In February 2017, the GNSO Council passed a resolution adopting IAG's recommendation and confirmed that the modification to the WHOIS Procedure does not change the intent of the original GNSO policy recommendations.