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Second Registration Directory Service Review (view source)
Revision as of 18:40, 24 May 2021
, 3 years agono edit summary
<blockquote>After much discussion the RDS-WHOIS2 Review Team decided that it would review all of the Bylaw mandated areas, except the OECD Guidelines, as they were under consideration by the Next-Generation gTLD RDS PDP and were judged to be less relevant, particularly in relation to the GDPR. In addition, the RDS-WHOIS2 Review Team included in its scope a review of new policy adopted by ICANN since the WHOIS1 Review Team published its report, and decided to perform a substantive review of Contractual Compliance with the intent of (a) assessing the effectiveness and transparency of ICANN enforcement of existing policy relating to RDS (WHOIS) through ICANN Contractual Compliance actions, structure and processes, including consistency of enforcement actions and availability of related data, (b) identifying high-priority procedural or data gaps (if any), and (c) recommending specific measurable steps (if any) the team believes are important to fill gaps.<ref name="draftreport">[https://www.icann.org/en/system/files/files/draft-rds-whois2-review-31aug18-en.pdf RDS2 Draft Report], August 31, 2018</ref></blockquote>
<blockquote>After much discussion the RDS-WHOIS2 Review Team decided that it would review all of the Bylaw mandated areas, except the OECD Guidelines, as they were under consideration by the Next-Generation gTLD RDS PDP and were judged to be less relevant, particularly in relation to the GDPR. In addition, the RDS-WHOIS2 Review Team included in its scope a review of new policy adopted by ICANN since the WHOIS1 Review Team published its report, and decided to perform a substantive review of Contractual Compliance with the intent of (a) assessing the effectiveness and transparency of ICANN enforcement of existing policy relating to RDS (WHOIS) through ICANN Contractual Compliance actions, structure and processes, including consistency of enforcement actions and availability of related data, (b) identifying high-priority procedural or data gaps (if any), and (c) recommending specific measurable steps (if any) the team believes are important to fill gaps.<ref name="draftreport">[https://www.icann.org/en/system/files/files/draft-rds-whois2-review-31aug18-en.pdf RDS2 Draft Report], August 31, 2018</ref></blockquote>
Substantive work began with the drafting of the Terms of Reference document in 2018.<ref name="dashboard" />
Substantive work began with the drafting of the Terms of Reference document in 2018.
==Findings and Public Comment==
The review team submitted its draft report in September of that year.<ref name="dashboard" /><ref name="draft">[https://www.icann.org/en/system/files/files/draft-rds-whois2-review-31aug18-en.pdf Draft RDS2 Review], August 31, 2018</ref> The review team included findings regarding implementation of RDS1 recommendations. They found that eight of the RDS1 recommendations were fully implemented, seven of the recommendations were partially implemented, and one recommendation was not implemented.<ref name="draft" /> The draft report contained 23 recommendations, with some recommendations building on or expanding RDS1 recommendations, and some directed toward new initiatives in law enforcement support, consumer trust, and data privacy issues.<ref name="draft" />
The impact of GDPR was considered in multiple recommendations, and the review team took pains to emphasize that their recommendations should be implemented with an eye toward flexibility and reaction to the evolving regulatory environment.<ref name="draft" />
The public comment period was extended into November 2018, with an eye toward submitting the final report in early 2019.<ref>[https://www.icann.org/en/announcements/details/public-comment-period-extended-registration-directory-service-rds-whois2-review-team-draft-report-of-recommendations-6-11-2018-en ICANN.org - Public Comment Period Extended - RDS2]</ref> Public comments on the draft largely applauded the report and expressed support for its recommendations. Commenters expressed dismay that the recommendations of RDS1 had not been fully implemented, despite reports from ICANN org to the contrary.<ref>[https://mm.icann.org/pipermail/comments-rds-whois2-review-04sep18/2018q4/thread.html ICANN.org Listserv Archive - Public Comments on RDS2 Draft Report]</ref>
==Final Report and Implementation Phase==
The review team submitted its final report in September 2019.<ref name="dashboard" /> It largely maintained the structure and content of the recommendations in the draft report.<ref name="final">[https://www.icann.org/zh/system/files/files/rds-whois2-review-03sep19-en.pdf RDS2 Final Report], September 3, 2019</ref>
The final report included a separate statement from [[Stephanie Perrin]], the review team member representing the [[Non-Commercial Stakeholders Group]]. Perrin stated that she did not want to disrupt consensus on a variety of issues discussed in the report, but that in her opinion ICANN had long ignored the advice and commentary from data protection officials from a variety of jurisdictions and organizations. In Perrin's view, the entire process of review begged the question of whether the entire structure and premise of WHOIS data collection should be scrapped.<ref name="final" />
Public comment on the final report was mixed, although largely supportive of the recommendations.<ref>[https://www.icann.org/en/system/files/files/report-comments-rds-whois2-rt-final-06feb20-en.pdf Staff Report on Public Comment Proceeding], February 6, 2020.</ref>
Following the public comment period, the ICANN board resolved to act on fifteen recommendations, placed four recommendations in a pending status while an impact statement was prepared regarding overlapping or dependent policy development processes, referred two recommendations to the [[GNSO]], and rejected two recommendations.<ref name="boardres">[https://www.icann.org/resources/board-material/resolutions-2020-02-25-en#1.a Resolution of the Board], February 25, 2020</ref> One rejected recommendation was out of date, while the board rejected a recommendation to expand the scope of future RDS reviews on the basis that it could be prohibitively expensive, and challenging to find volunteers with the required expertise.<ref name="boardres" /> Following its common practice, the board issued a scorecard regarding the recommendations and the board's proposed response.<ref>[https://www.icann.org/en/system/files/files/resolutions-board-action-rds-whois2-final-recs-25feb20-en.pdf ICANN.org - RDS 2 Scorecard], February 25, 2020</ref>
Implementation of recommendations is ongoing as of May 2021.<ref name="dashboard" />
==References==
==References==