1. Board - GAC conference call
8 May 2018
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Agenda
Objectives
Two models 
Approach for handling each piece of GAC advice
GAC Advice
Next Steps
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Two models
Interim Model (25 May) - resulting from a temporary specification
Ultimate Model - resulting from a GNSO PDP 
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4. GAC Advice – Approach for handling each piece of advice
In the first instance, test each piece of advice against Interim Model (25 May).   
If the advice can be accepted, then good.
If the advice may be rejected, then consider a rejection or deferral. 
The Board would defer dealing with any piece of advice that relates to the Ultimate Model only until the PDP is well advanced.
Consequently, no advice can be applied at the same time to both the Interim Model and the Ultimate Model.
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GAC ADVICE
GAC ADVICE 1: the GAC advises the ICANN Board to instruct the ICANN Organization to:
Ensure that the proposed interim model maintains current WHOIS requirements to the fullest extent possible;
Interim Model Ultimate Model
May be Accepted
May be Rejected
May be Deferred
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GAC ADVICE
GAC ADVICE 2: the GAC advises the ICANN Board to instruct the ICANN Organization to:
Provide a detailed rationale for the choices made in the interim model, explaining their necessity and proportionality in relation to the legitimate purposes identified
Interim Model Ultimate Model
May be Accepted
May be Rejected
May be Deferred
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GAC ADVICE
GAC ADVICE 3: the GAC advises the ICANN Board to instruct the ICANN Organization to:
In particular, reconsider the proposal to hide the registrant address as this may not be proportionate in view of the significant negative impact on law enforcement, cybersecurity and rights protection
Interim Model Ultimate Model
May be Accepted
May be Rejected
May be Deferred
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GAC ADVICE
GAC ADVICE 4: the GAC advises the ICANN Board to instruct the ICANN Organization to:
Distinguish between legal and natural persons, allowing for public access to WHOIS data of legal entities, which are not in the remit of the GDPR
Interim Model Ultimate Model
May be Accepted
May be Rejected
May be Deferred
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GAC ADVICE
GAC ADVICE 5: the GAC advises the ICANN Board to instruct the ICANN Organization to:
Ensure continued access to the WHOIS, including non-public data, for users with a legitimate purpose, until the time when the interim WHOIS model is fully operational, on a mandatory basis for all contracted parties
Interim Model Ultimate Model
May be Accepted
May be Rejected
May be Deferred
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GAC ADVICE
GAC ADVICE 6: the GAC advises the ICANN Board to instruct the ICANN Organization to:
Ensure that limitations in terms of query volume envisaged under an accreditation program balance realistic investigatory cross-referencing needs
Interim Model Ultimate Model
May be Accepted
May be Rejected
May be Deferred
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GAC ADVICE
GAC ADVICE 7: the GAC advises the ICANN Board to instruct the ICANN Organization to:
Ensure confidentiality of WHOIS queries by law enforcement agencies.
Interim Model Ultimate Model
May be Accepted
May be Rejected
May be Deferred
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GAC ADVICE
GAC ADVICE 8: the GAC advises the ICANN Board to instruct the ICANN Organization to:
Complete the interim model as swiftly as possible, taking into account the advice above. Once the model is finalized, the GAC will complement ICANN’s outreach to the Article 29 Working Party, inviting them to provide their views
Interim Model Ultimate Model
May be Accepted
May be Rejected
May be Deferred
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GAC ADVICE
GAC ADVICE 9: the GAC advises the ICANN Board to instruct the ICANN Organization to:
Consider the use of Temporary Policies and/or Special Amendments to ICANN’s standard Registry and Registrar contracts to mandate implementation of an interim model and a temporary access mechanism
Interim Model Ultimate Model
May be Accepted
May be Rejected
May be Deferred
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GAC ADVICE
GAC ADVICE 10: the GAC advises the ICANN Board to instruct the ICANN Organization to:
Assist in informing other national governments not represented in the GAC of the opportunity for individual governments, if they wish to do so, to provide information to ICANN on governmental users to ensure continued access to WHOIS.
Interim Model Ultimate Model
May be Accepted
May be Rejected
May be Deferred
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Next steps 
° Summary of call discussion
° The Board will send a revised scorecard to the GAC reflecting preliminary conclusions based on this call as soon as possible.
° GAC to respond to the revised scorecard in time for the Board to make informed decision in Vancouver at its Board Meeting on Sunday 13 May (16.30 UTC)
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