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Friday, January 09, 2015

ICANN grants 3 RAAs data retention waivers





At least, three accredited registrars of the Internet Corporation for Assigned Names and Numbers (ICANN) have been granted their application for data retention waivers, reports ITRealms.

“ICANN hereby grants Registrar a limited waiver from compliance with certain provisions of the 2013 RAA, ….” ICANN declared in a official statement made available to ITRealms.

These applicants, ITRealms gathered include CSL Computer Service Langenbach GmbH, Belgium-based Register NV dba Register.eu, and Online SAS.

Also, ITRealms gathered that their application submitted to ICANN was in pursuant to Section 3 of the Data Retention Specification of the 2013 Registrar Accreditation Agreement (RAA) which provides that if a registrar is subject to the same applicable law that gave rise to ICANN's request to grant a previous data retention waiver under the 2013 RAA, a registrar may request that ICANN grant a similar waiver, which request shall be approved by ICANN, unless ICANN provides Registrar with a reasonable justification for not approving such request.

Registrar's Waiver Request (RWR) ITRealms equally cites the previous data retention waiver granted by ICANN to NameWeb BVBA, on the basis of its contention that compliance with the data collection and/or retention requirements of the Data Retention Specification in the 2013 RAA violates applicable law in Belgium; Ovh SAS, MailClub SAS, and Gandi SAS in France as well as RegistryGate, ingenit & Co. KG, and 1APl in Germany.

ITRealms reports that applicant registrars and aforementioned earlier beneficiaries were domiciled in Belgium, France and Germany subject to laws of the affected countries; whereas ICANN has determined that it is appropriate to grant Registrars data retention waiver similar to the waiver previously granted to Messrs NameWeb BVBA, Ovh SAS, MailClub SAS, Gandi SAS, RegistryGate, ingenit & Co. KG, and 1APl among others.

ITRealms further reports that ICANN granted the applicant Registrars limited waivers from compliance with certain provisions of the 2013 RAA based on three-point stipulated terms, comprising that:

1.            ICANN agrees that, following Registrar's execution of the 2013 RAA, for purposes of assessing Registrar's compliance with the data retention requirement of Paragraph 1.1 of the Data Retention Specification in the 2013 RAA, the period of "two additional years" in Paragraph 1.1 of the Data Retention Specification will be deemed modified to "one additional year."

2.            In all other respects the terms of the Data Retention Specification will remain AS-IS. The waiver granted to Registrar applies only to the post-sponsorship period of retention of the data listed in the Paragraphs 1.1.1 through 1.1.8 inclusive of the Data Retention Specification, and it does not constitute a waiver of any other provisions of the 2013 RAA or other ICANN policies applicable to registrars. Without limiting the foregoing, nothing in this waiver limits Registrar's obligation to comply with Consensus Policies or Temporary Policies developed and adopted in accordance with ICANN's Bylaws ("ICANN Policies") or limits Registrar's obligation to comply with any amendment, supplement or modification of the 2013 RAA approved and adopted in accordance with the terms of the 2013 RAA ("RAA Amendments"). In the event of any inconsistency between this waiver and the terms of any ICANN Policy or RAA Amendment, the terms of the ICANN Policy or RAA Amendment will control.

3.            The waiver granted to Registrar shall remain in effect for the duration of the term of the 2013 RAAsigned by Registrar.

ITRealms further reports that ICANN noted that the provisions of Section 3 of the Specification will apply to similar waivers requested by other registrars that are located in the affected countries and subject to the laws of these countries.

 +Remmy Nweke (ITRealms) +ICANNnews @RAAs

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