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ICANN Grants Data Retention Waiver to NAMEWEB BVBA


NAMEWEB BVBA ("Registrar") submitted to ICANN a Registrar Data Retention Waiver Request ("Waiver Request") on the basis of Registrar's 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.

ICANN hereby grants Registrar a limited waiver from compliance with certain provisions of the 2013 RAA on the following terms:

  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 RAA signed by Registrar.

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Domain Name System
Internationalized Domain Name ,IDN,"IDNs are domain names that include characters used in the local representation of languages that are not written with the twenty-six letters of the basic Latin alphabet ""a-z"". An IDN can contain Latin letters with diacritical marks, as required by many European languages, or may consist of characters from non-Latin scripts such as Arabic or Chinese. Many languages also use other types of digits than the European ""0-9"". The basic Latin alphabet together with the European-Arabic digits are, for the purpose of domain names, termed ""ASCII characters"" (ASCII = American Standard Code for Information Interchange). These are also included in the broader range of ""Unicode characters"" that provides the basis for IDNs. The ""hostname rule"" requires that all domain names of the type under consideration here are stored in the DNS using only the ASCII characters listed above, with the one further addition of the hyphen ""-"". The Unicode form of an IDN therefore requires special encoding before it is entered into the DNS. The following terminology is used when distinguishing between these forms: A domain name consists of a series of ""labels"" (separated by ""dots""). The ASCII form of an IDN label is termed an ""A-label"". All operations defined in the DNS protocol use A-labels exclusively. The Unicode form, which a user expects to be displayed, is termed a ""U-label"". The difference may be illustrated with the Hindi word for ""test"" — परीका — appearing here as a U-label would (in the Devanagari script). A special form of ""ASCII compatible encoding"" (abbreviated ACE) is applied to this to produce the corresponding A-label: xn--11b5bs1di. A domain name that only includes ASCII letters, digits, and hyphens is termed an ""LDH label"". Although the definitions of A-labels and LDH-labels overlap, a name consisting exclusively of LDH labels, such as"""" is not an IDN."