21 July 2005

The GTLD Registry Constituency (RyC) Statement on WHOIS COMBINED TASK FORCE
Policy/Advice Recommendation 2 on conflicts between national privacy laws
and registries' or registrars' contractual obligations to ICANN.

This statement responds to the request for constituency input on the WHOIS COMBINED TASK FORCE Policy/Advice Recommendation 2 on conflicts between national privacy laws and registries' or registrars' contractual obligations to ICANN.

Pursuant to requirements of the GSNO policy development process, the RyC has concluded:

I. Constituency Position

The RyC supports the general principles of the Policy/Advice Recommendation 2 on conflicts between national privacy laws and registries' or registrars' contractual obligations to ICANN. The RyC further believes that the recommended procedures should deal with the possibility of the following:

(1) If exceptions to contractual requirements are made to accommodate local law(s) for one registrar or registry in a local jurisdiction, should the same exceptions be extended to other registrars and registries in that jurisdiction and, if so, how should that take place; and

(2) If exceptions to contractual requirements are made to accommodate local law(s), it is possible that the variation in requirements for different registrars or registries will begin to create a fragmented experience for users and therefore create a need to revisit the contractual requirement
in a broader way.

The RyC also believes that the Combined Task Force should include, in its final Recommendation, a further recommendation that affording tiered access to WHOIS data be available to registrars and registries as a means of complying with local legal requirements when applicable.

II. Method for Reaching Agreement on RyC Position

The RyC drafted and circulated via email a constituency statement, soliciting input from its members. RyC members suggested edits and additions to the draft which were subsequently incorporated into the final constituency statement. The statement was adopted by a unanimous vote. One constituency member, RegistryPro did not take part in the vote.

III. Impact on Constituency

The Policy/Advice Recommendation 2 in its present form would assist the members of the RyC in fulfilling their legal obligations in their respective jurisdictions. It should be noted, however, that the Policy/Advice Recommendation 2 does not purport to provide complete assurance that potential conflicts can be avoided or resolved.

IV. Time Period Necessary to Complete Implementation

We anticipate that the Policy/Advice Recommendation 2 supported by this statement would not require an extensive time period to implement.