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.
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