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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.

2012-03-16-LEA-1

GAC Advice

Reference No. :

2012-03-16-LEA-1

First Delivered via :

N/A

Consenus:

Consensus met

2012-03-16-LEA-1

Communication

In terms of contracts, the GAC stressed the critical importance of implementing the GAC/LEA recommendations, for improvements to the Registrar Accreditation Agreements and confirms its interest and availability to assist with the effort to conclude the negotiations for RAA amendments as soon as possible. The GAC encourages the Board to consider the RAA amendments in conjunction with the recommendations of the WHOIS Review Team. The GAC broadly supports the WHOIS Review Team’s Draft Recommendations, and will closely monitor the Board’s response and subsequent implementation activities.

In terms of compliance, the GAC requests an update on the status of the law enforcement recommendations that relate to due diligence activities by ICANN. More broadly, the GAC emphasises the need to ensure that ICANN’s compliance activities are based on best practice principles and:

  • have clear and appropriate lines of reporting and accountability,
  • can be pursued pro-actively and independently of other interests, and
  • are given appropriate priority, with independent and expert oversight.

To better inform future discussion on these issues, the GAC requests briefing from the Board at the Prague meeting on the structure and contractual arrangements in the domain registration industry, and on ICANN’s role as an industry self-regulatory organisation.

The GAC noted that a common factor between these issues is whether ICANN adequately oversees, manages and enforces the obligations contained in its contracts with 
contracted parties. The GAC agreed to provide some examples of how organisations with similar self-regulatory responsibilities have separated their regulatory and operational responsibilities. The GAC believes an effective compliance regime will benefit all users of the DNS.

Current Status/Communications Log

Communication

In terms of contracts, the GAC stressed the critical importance of implementing the GAC/LEA recommendations, for improvements to the Registrar Accreditation Agreements and confirms its interest and availability to assist with the effort to conclude the negotiations for RAA amendments as soon as possible. The GAC encourages the Board to consider the RAA amendments in conjunction with the recommendations of the WHOIS Review Team. The GAC broadly supports the WHOIS Review Team’s Draft Recommendations, and will closely monitor the Board’s response and subsequent implementation activities.

In terms of compliance, the GAC requests an update on the status of the law enforcement recommendations that relate to due diligence activities by ICANN. More broadly, the GAC emphasises the need to ensure that ICANN’s compliance activities are based on best practice principles and:

  • have clear and appropriate lines of reporting and accountability,
  • can be pursued pro-actively and independently of other interests, and
  • are given appropriate priority, with independent and expert oversight.

To better inform future discussion on these issues, the GAC requests briefing from the Board at the Prague meeting on the structure and contractual arrangements in the domain registration industry, and on ICANN’s role as an industry self-regulatory organisation.

The GAC noted that a common factor between these issues is whether ICANN adequately oversees, manages and enforces the obligations contained in its contracts with
contracted parties. The GAC agreed to provide some examples of how organisations with similar self-regulatory responsibilities have separated their regulatory and operational responsibilities. The GAC believes an effective compliance regime will benefit all users of the DNS.

Current Status/Communications Log