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GAC Advice

The GAC provides advice to the ICANN Board on policy matters where there may be an interaction between ICANN’s policies and various laws, international agreements and public policy objectives. GAC Advice is communicated to the ICANN Board through either a Communique or a formal piece of Correspondence.

2008-04-16-WHOIS-7

GAC Advice

Reference No. :

2008-04-16-WHOIS-7

First Delivered via :

N/A

Consenus:

Consensus met

2008-04-16-WHOIS-7

Date/Source Document

16 April 2008

GAC Recommendations for WHOIS Studies

Communication

In view of the recent adoption by ICANN of a procedure for handling conflicts with national privacy laws, the GAC also urges ICANN to address the following questions in the WHOIS study:

12. Since gTLD registries and registrars conduct business globally, which laws in which jurisdiction appropriately apply to their transactions and in particular to their WHOIS contractual obligations?

13. What are the legal jurisdictional issues raised by gTLD registries and registrars that adhere to local law applicable to domain name registrations and WHOIS requirements, but may then be in contravention to other legal jurisdictions where they conduct business?

14. May a gTLD domain name registrant who is a legal resident of one country apply for a domain name in another and claim to be under the legal jurisdiction of the latter and not the former?

15. How can conflicts of laws be resolved in a global domain name space?

Date/Source Document

16 April 2008

GAC Recommendations for WHOIS Studies

Communication

In view of the recent adoption by ICANN of a procedure for handling conflicts with national privacy laws, the GAC also urges ICANN to address the following questions in the WHOIS study:

12. Since gTLD registries and registrars conduct business globally, which laws in which jurisdiction appropriately apply to their transactions and in particular to their WHOIS contractual obligations?

13. What are the legal jurisdictional issues raised by gTLD registries and registrars that adhere to local law applicable to domain name registrations and WHOIS requirements, but may then be in contravention to other legal jurisdictions where they conduct business?

14. May a gTLD domain name registrant who is a legal resident of one country apply for a domain name in another and claim to be under the legal jurisdiction of the latter and not the former?

15. How can conflicts of laws be resolved in a global domain name space?