ICANN Resolutions » Deferral of Enforcement of Thick WHOIS Policy Implementation

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Deferral of Enforcement of Thick WHOIS Policy Implementation


Resolution of the ICANN Board
Meeting Date: 
Чт, 14 Март 2019
Resolution Number: 
2019.03.14.03
Resolution Text: 

Whereas, the Thick WHOIS Transition Policy requires that Verisign begin accepting "Thick" registration data from registrars for .COM and .NET names starting 30 November 2019, that all new domain name registrations be submitted to the registry as "Thick" by 31 May 2020, and that all relevant registration data for existing domain names be migrated from "Thin" to "Thick" by 30 November 2020.

Whereas, in preparation to complete the deployment to accept Thick WHOIS data, Verisign proposed amendments to the registry-registrar agreements for .COM and .NET.

Whereas, the Registrar Stakeholder Group expressed concerns about Verisign's proposed amendments based on issues relating to the European Union's General Data Protection Regulation, the processing of data, and new requirements and obligations imposed on the registrars.

Whereas, ICANN org has continued to facilitate discussions between Verisign and the Registrar Stakeholder Group to reach agreement on the proposed amendments to the registry-registrar agreements to implement the Thick WHOIS Transition Policy.

Whereas, Verisign and the Registrar Stakeholder Group need additional time to reach agreement on the proposed amendments to the applicable registry-registrar agreements to implement the Thick WHOIS Transition Policy.

Whereas, the deferred enforcement period will allow the ICANN community and the Board time to consider the Final Report from the Expedited Policy Development Process (EPDP) on the Temporary Specification for gTLD Registration Data.

Whereas the additional time will allow the affected contracted parties and ICANN org additional time to assess any potential impact on the Thick WHOIS Transition Policy from the recommendations from the EPDP.

Resolved (2019.3.14.03), the President and CEO, or his designee(s), is authorized to defer compliance enforcement of the Thick WHOIS Transition Policy to 30 November 2019, 31 May 2020, and 30 November 2020, respectively.

Rationale for Resolution: 

The Thick WHOIS Transition Policy specifies a phased approach to transition the .COM and .NET registries from "Thin" to "Thick" WHOIS. The three phases are:

Registry operator (RO) to begin accepting Thick WHOIS data from registrars,
New .COM and .NET domain name registrations to be created as thick registrations, and
The complete migration of all existing domain registration data from "Thin" to "Thick" one year following the date the RO begins accepting Thick WHOIS data from registrars.
The Thick WHOIS Transition Policy requires Verisign to begin accepting "Thick" registration data from registrars starting 31 May 2019, registrars to submit Thick registration data to Verisign for all new domain name registrations starting on 30 November 2019, and the migration of all existing domain registration data from Thin to Thick by 31 May 2020. In preparation for accepting Thick WHOIS data, Verisign, the registry operator for .COM and .NET, proposed amendments to the registry-registrar agreements for .COM and .NET to have the legal framework necessary for acceptance of the data. While the Thick WHOIS Consensus Policy also applies to the .JOBS TLD, the registry operator for .JOBS, Employ Media, did not require changes to the Registry-Registrar Agreement to begin accepting Thick registration data and registrars have already started submitting Thick registration data for .JOBS as per the Policy.

Following the Registry-Registrar Agreement Amendment procedure, ICANN org has been facilitating discussions between Verisign and the Registrar Stakeholder Group to reach agreement on the proposed amendments to the registry-registrar agreements, but the parties have not yet reached agreement. Additionally, the community through the GNSO's EPDP is working to develop a permanent Consensus Policy to replace, or confirm, the Temporary Specification for gTLD Registration Data.

The Board is taking action at this time to authorize the ICANN President and CEO to defer compliance enforcement of the Thick WHOIS Transition Policy by 180 days. This will provide additional time for the community and Board to consider the recommendations in the Final Report from the EPDP. The deferral will also provide the affected contracted parties and ICANN org time to assess any potential impact on the Thick WHOIS Transition Policy from the recommendations from the EPDP.

There is a risk that additional deferrals will be necessary if the EPDP team appears to be recommending significant changes to the Temporary Specification for gTLD Registration Data.

The Board's deliberations on this matter referenced several significant materials including:

Thick WHOIS Transition Policy for .COM, .NET and .JOBS
Registry Registration Data Directory Services Consistent Labeling and Display Policy
PDP Documentation
PDP WG Final Report
Thick WHOIS Implementation
IRT letter to GNSO regarding implications GDPR to implement Thick WHOIS
Public Comment period on Consistent Labeling and Display implementation proposal
Public Comment period on Transition from Thin to Thick for .COM, .NET and .JOBS
Letter from Patrick Kane to Akram Atallah re: Thick WHOIS for .COM and .NET – 20 June 2017
Letter from Akram Atallah to Patrick Kane re: Thick WHOIS for .COM and .NET –29 June 2017
Letter from Graeme Bunton to Akram Atallah re: Extension Request for Thick WHOIS Migration – 17 August 2017
27 October 2017 Board Resolution to Defer Compliance Enforcement of Thick WHOIS Consensus Policy for 180 Days
Letter from Patrick Kane to Akram Atallah requesting an extension of the implementation deadlines under the Thick WHOIS Consensus Policy
13 May 2018 Board Resolution to Defer Compliance Enforcement of Thick WHOIS Consensus Policy for 180 Days
Letter from Patrick Kane to Akram Atallah re: Extension request for Thick WHOIS Migration – 21 September 2018
The Board's action is not anticipated to have a fiscal impact on ICANN that is not already anticipated in the current budget. This action is in the public interest and is consistent with ICANN's mission as it helps to ensure a consistent and coordinated implementation of policies in gTLDs.

This resolution is an Organizational Administrative Function for which no public comment is required.