[gnso-dataprotection-thickwhois] Draft Registry Agreement Posted Last Night

[Don Blumenthal <dblumenthal@xxxxxxx>]

Two provisions apply to our topic, although arguably not to our work since the 
contract is in the comment process

Port 43 services are required.

In addition, the last sentence arguably closes the RSEP back door to handling 
WHOIS/privacy conflicts.


7.13 Severability; Conflicts with Laws. This Agreement shall be deemed 
severable; the invalidity or unenforceability of any term or provision of this 
Agreement shall not affect the validity or enforceability of the balance of 
this Agreement or of any other term hereof, which shall remain in full force 
and effect. If any of the provisions hereof are determined to be invalid or 
unenforceable, the parties shall negotiate in good faith to modify this 
Agreement so as to effect the original intent of the parties as closely as 
possible. ICANN and the Working Group will mutually cooperate to develop an 
ICANN procedure for ICANN’s review and consideration of alleged conflicts 
between applicable laws and non-WHOIS related provisions of this Agreement. 
Until such procedure is developed and implemented by ICANN, ICANN will review 
and consider alleged conflicts between applicable laws and non-WHOIS related 
provisions of this Agreement in a manner similar to ICANN’s Procedure For 
Handling WHOIS Conflicts with Privacy Law.