ICANN is getting questions about how it will enforce temporary rules for Whois compliance under the EU general data protection regulation, Senior Vice President-Contractual Compliance and Consumer Safeguards Jamie Hedlund blogged Monday. The temporary specification, effective May 25, modifies ICANN registry and registrar contracts, and awaits EU data protection authorities' OK (see 1807160017). Hedlund hears concerns including: (1) How ICANN will obtain non-public registration data needed to process complaints. (2) The availability of data published in Whois, which includes issues about over-redacting public registration data, and redacted fields that are missing anonymized email and/or webforms to contact domain name owners. (3) Missing required registrant email addresses. (4) Registries providing thick bulk registration data access files to ICANN instead of thin data. There are queries about the process for filing complaints alleging noncompliance, Hedlund said: The most relevant form for filing is here, but ICANN "will process complaints regardless of the form used."

ICANN is "carefully evaluating" guidance from the European Data Protection Board (EDPB) on Whois compliance with the general data protection regulation, General Counsel John Jeffrey blogged Friday. The July 5 letter provides additional advice that could "help significantly advance" the discussion, he said. Privacy officials answered questions about ICANN's approach. The EDPB said personal data identifying individual employees or third parties acting on behalf of a registrant shouldn't be made publicly available by default, but if the registrant provides generic contact email information (e.g., admin@domain.com), publication is OK. On a unified access model for legitimate Whois users, EDPB said nonpublic data could be made available to third parties "provided that appropriate safeguards are in place to ensure that the disclosure is proportionate and limited to that which is necessary" and other GDPR mandates are met. It's likely the internet body will receive additional input if the community agrees on a method for providing access to nonpublic Whois information, Jeffrey wrote. The board also discussed ICANN's ongoing legal case in Germany against domain name registrar EPAG (see 1806220001), and ICANN has submitted the letter to the court. Governments are struggling to help ICANN comply with the GDPR while keeping the Whois database as open as possible (see 1806260021).

The Department of Commerce formally lifted its ban on U.S. companies selling (see 1804170018) telecom software and equipment to ZTE, after the Chinese telecom equipment manufacturer placed $400 million in escrow as part of a deal on alternative concessions as punishment for selling equipment to Iran and North Korea and misleading the U.S. government. Commerce now suspends the ban during a 10-year “probationary period” also conditioned on an additional $1 billion. The Bureau of Industry and Security can reactivate the ban if ZTE again violates sanctions during its probation. “The Department will remain vigilant as we closely monitor ZTE’s actions to ensure compliance,” said Commerce Secretary Wilbur Ross Friday. President Donald Trump became closely involved in May in the bid to relax the ban, sparking outcry that culminated in passage of anti-ZTE language in the House and Senate's FY 2019 National Defense Authorization Act. Congress began working last week to reconcile the two HR-5515 versions (see 1807110067).

With no regulatory problems regarding Fox's proposed buy of Sky, "it is now a matter for the Sky shareholders to decide whether to accept [Fox's] bid," U.K. Secretary of State-Digital, Culture, Media Jeremy Wright said Thursday, approving the deal a day after Comcast made a new offer for Sky. Wright said he agrees with the previous culture secretary of state, whom he replaced this week, that the deal doesn't raise public interest concerns (see 1806050003). Comcast Wednesday said it increased its cash offer to 14.75 British pounds ($19.48) per share, topping the 14 pounds offer Fox made earlier this week (see 1807110031). Comcast said Sky's independent committee was recommending its bid and Sky is "an outstanding company and a great fit." It said it already received regulatory approvals for a Sky deal from the EU, Austria, Germany, Italy and Jersey, and it expects to close on Sky by October. Fox didn't comment Thursday. Senate Consumer Protection Subcommittee ranking member Richard Blumenthal, D-Conn., and three other senators urged the DOJ Antitrust Division Wednesday to review Comcast's bid for much of Fox (see 1807120049).

ZTE signed an agreement with the Department of Commerce that will mean the department's seven-year ban on U.S. companies selling telecom software and equipment to the Chinese company can end as soon as ZTE deposits $400 million in escrow to cover future violations of U.S. sanctions, the agency said Wednesday. The payment was in a deal last month to impose alternative conditions to replace the ban, which Commerce's Bureau of Industry and Security originally announced in April (see 1804170018). Commerce will suspend the ban during a 10-year “probationary period” in exchange for the company's agreement to pay $1.4 billion and other concessions. BIS can reactivate the ban if ZTE again violates sanctions during its probation. “Once the monitor is selected and brought on board, the three-pronged compliance regime ... will be in place,” the department said in a statement. “The ZTE settlement represents the toughest penalty and strictest compliance regime the Department has ever imposed in such a case.” Commerce's advancement of the deal came as Congress begins reconciling the House and Senate-passed versions of the FY 2019 National Defense Authorization Act (HR-5515), which contain differing anti-ZTE provisions (see 1806190051). Senate Minority Leader Chuck Schumer, D-N.Y., and Intelligence Committee Vice Chairman Mark Warner, D-Va., criticized moving forward with the deal. It's “a direct betrayal of President [Donald] Trump’s promise to be tough on China and protect American workers,” Schumer said: Trump "gave away the store to China for nothing, so now it’s entirely up to Congress to right the administration’s wrong. I hope my Republican colleagues in the House and Senate will do the right thing and maintain the Senate’s strong language in [HR-5515] that reverses the administration’s awful ZTE deal.” Warner called it a “sweetheart deal” that “not only ignores these serious issues, it lets ZTE off the hook for evading sanctions against Iran and North Korea with a slap on the wrist.”

CTA, the Semiconductor Industry Association and others asked the Office of the U.S. Trade Representative to appear at a July 24 hearing to oppose 25 percent Trade Action Section 301 tariffs on more Chinese-sourced products related to alleged IP practices (see 1806150030), docket USTR-2018-0018 shows. CTA members identified 22 Harmonized Tariffs Schedule codes on the new tariffs list covering $6.6 billion worth of products they imported from China in 2017, said Sage Chandler, vice president-international trade. Chinese companies “export almost no semiconductors to the U.S. market,” said David Isaacs, SIA vice president-government affairs. Most U.S.semiconductor imports from China "are semiconductors designed and manufactured in the United States, and then shipped to China for the final stage of semiconductor fabrication,” accounting for 10-15 percent “of the value of the final product,” he said. Written comments are due July 23, post-hearing rebuttal comments July 31.

In response to the EU's "burdensome" general data protection regulation and California's precedent-setting privacy law, the U.S. Chamber of Commerce is developing federal legislation to avoid “a nightmare” patchwork of rules, wrote Chamber CEO Thomas Donohue Monday. “In today’s interconnected world, data know no boundaries and require a federal framework,” said Donohue. Federal policy should “encourage cross-border data flows over data localization, which does little to protect privacy while making data more vulnerable and discouraging foreign investment,” he argued. Policymakers also should favor “long-term growth over short-term gains that may be achieved by limiting data flows and other practices that undermine competition,” he said.

NTIA said the FCC should reject a 2011 application by China Mobile for a Communications Act Section 214 license to offer telecom services within the U.S. The FCC requested executive branch views, NTIA said. “After significant engagement with China Mobile, concerns about increased risks to U.S. law enforcement and national security interests were unable to be resolved,” said NTIA Administrator David Redl. “The Executive Branch … recommends that the FCC deny China Mobile’s Section 214 license request.” NTIA posted a filing with parts redacted. China Mobile seeks authorization to carry voice traffic between the U.S. and a customer overseas, but doesn’t plan to offer U.S. wireless or wireline service, the filing said. The FCC "will be reviewing the filing, consistent with our rules and policies," a spokesperson said. China Mobile didn't comment.

The Senate Foreign Relations Committee advanced the Cyber Diplomacy Act to the floor Tuesday. HR-3776, which passed the House in January, would promote U.S. international cyberspace policy, establishing a cyberspace ambassador to lead the State Department’s cyber diplomacy agenda.

Vote for a bill from Sen. Bob Corker, R-Tenn., that would amend a 1962 law to constrain President Donald Trump’s ability to impose Trade Expansion Act Section 232 tariffs, more than 60 national business groups and more than 200 local chambers of commerce and similar organizations urged the Senate in a Tuesday letter. Though the president should retain the authority to impose tariffs on national security grounds, “the current circumstances highlight the need for Congress to ensure that the authority will be used, as intended by the Congress, in the overall national interest," it said. Among signers were the Computer & Communications Industry Association, Internet Association and National Retail Federation. S-3013 "is designed to accomplish this limited objective. The President will retain the power to impose tariffs to protect the national security subject only to confirmation by the Congress that the power is being properly used," the letter said. CTA didn’t comment on why it didn’t sign.