ICANN efforts to align its Whois database with the EU general data protection regulation continue, and the organization also revised relevant internal policies, President Göran Marby blogged Tuesday. On Whois, he noted "positive feedback" from European Commission officials on ICANN's "temporary specification" for compliance (see 1805140001). He thanked the new European Data Protection Board (EDPB, formerly the Article 29 Data Protection Working Party) for its "recognition of the work ICANN has undertaken with its stakeholders and contracted parties on GDPR as it applies to the WHOIS services," and said the internet body wants to develop a unified access model for continued access to all Whois data. "This includes identifying opportunities for ICANN, beyond its role as one of the 'controllers' with respect to WHOIS or its contractual enforcement role, to be acknowledged under the law as the coordinating authority of the WHOIS system." The EDPB, which met for the first time May 25, endorsed an earlier WP29 statement that said the GDPR doesn't allow national supervisory authorities or the EDPB "to create an 'enforcement moratorium' for individual data controllers." Data protection authorities may, however, take into account measures that have already been taken or are underway when determining the appropriate regulatory response, it said. ICANN was already told it must put in place a Whois model that enables legitimate uses by relevant stakeholders, such as law enforcement, of domain name owners' personal information, "without leading to an unlimited publication of those data," the EDPB said. Internally, ICANN has now revamped its online privacy policy, terms of service, cookies policy and new generic top-level domain program personal data privacy statement, and created a new notice of applicant privacy relating to data processed for employment applications, Marby wrote.

The U.K. signed off on either Comcast or Fox buying Sky, though the latter deal would come with a Sky News spinoff. U.K. Secretary of State-Digital, Culture, Media Matt Hancock said Tuesday Comcast/Sky "does not raise public interest concerns" and the government wouldn't intervene. He agreed with the Competition and Markets Authority that Fox/Sky likely wouldn't go against public interest on grounds of hewing to broadcasting standards but said CMA took "a clear and logical approach" when it said such a deal raises concerns about Sky News' editorial independence and about increased Murdoch Family Trust sway over public opinion and U.K. politics. He said the CMA proposal of Sky News being sold to Disney or another suitable buyer, with an agreement ensuring its funding for at least 10 years, "is likely to be the most proportionate and effective remedy for the public interest concerns." He said his staff will start talks with the parties to finalize details for an acceptable Sky News divestiture remedy. "I am optimistic that we can achieve this goal, not least given the willingness 21st Century Fox has shown in developing these credible proposals," he said, saying if the parties can't come to terms, blocking a Fox/Sky deal might be the only fallback. Comcast in April made a formal bid for Sky, while Fox had a pending bid (see 1804250026), and Sky subsequently said it favored the Comcast offer (see 1804260008). Sky Tuesday said its board members are "mindful of their fiduciary duties and remain focused on maximising value for Sky shareholders." Disney "welcome[d] today’s announcement from the Secretary of State and [is] ready to engage in any discussions requested by the Secretary of State.” Fox expects to reach a final decision with the U.K. Department for Culture, Media and Sport that clears the transaction.

A German domain name registrar isn't required to collect administrative and technical data for new registrations, a German court ruled Wednesday, rejecting an injunctive relief request from ICANN seeking to “preserve Whois” (see 1805280001). EPAG Domainservices opted to no longer collect registrants' administrative and technical contact information when selling new domain names because it would violate the EU general data protection regulation. ICANN noted the regional court “did not indicate in its ruling that collecting such data would be a violation of the GDPR.” ICANN General Counsel and Secretary John Jeffrey said the organization will look to continue “ongoing discussions with the European Commission, and WP29, to gain further clarification of the GDPR as it relates to the integrity of WHOIS services." A spokesperson for Tucows, which owns EPAG, pointed us to an earlier statement saying it will continue to allow “those with legitimate purposes, including law enforcement, intellectual property, and commercial litigation interests” to access domain registrant information.

New “trade taxes” will “increase consumer prices, decrease jobs and weaken the US economy,” tweeted CTA President Gary Shapiro Tuesday, hours after the White House announced it will go through with 25 percent tariffs on Chinese imports after the Office of the U.S. Trade Representative releases its final tariffs list by June 15 (see 1805290046). CTA otherwise was silent on the Trump administration's decision to proceed with tariffs, while other tech groups denounced it. CTA "remains opposed" to the use of tariffs to address the "imbalance" in the U.S.-China trade relationship "because of the high likelihood of short- and long-term negative consequences to our own economy and to our member companies," it testified May 16 at a USTR hearing (see 1805160020).

More than 35 digital rights, civil rights and tech groups asked the State Department Tuesday to withdraw proposals to collect social media data from immigrant and nonimmigrant visa applicants (see 1805290036). Access Now, Center for Democracy & Technology, Electronic Frontier Foundation, Electronic Privacy Information Center, National Hispanic Media Coalition, New America's Open Technology Institute and World Privacy Forum were among groups signing a letter to the department. The proposals “will reveal private information about travelers that is irrelevant to their suitability for entry to the United States, and will expose data about their families, friends and business associates in the U.S.,” the groups wrote.

The State Department’s proposal to collect social media information from nonimmigrant visa applicants could hinder free speech and hurt the value of Twitter, wrote the company's Director-North America Public Policy and Philanthropy Carlos Monje in comments in docket 2018-0002 published Tuesday. The agency also is proposing to collect history from active and inactive social media accounts dating back five years from immigrant visa applicants. The department seeks to access phone numbers and email addresses in the same time span. “If users applying for a nonimmigrant visa are forced to disclose Twitter handles associated with otherwise anonymous accounts, the value of Twitters [sic] platform for such users evaporates,” Monje wrote, calling anonymous speech a hallmark of the platform. Media Alliance Executive Director Tracy Rosenberg also wrote against the changes, saying they “could place many Americans, like journalists, NGO workers, academics and others in mortal danger by giving such a vast amount of information to foreign governments that may not wish them well.” Public comment closed Tuesday.

DOJ is exercising a court-ordered domain seizure to disrupt “a global botnet of hundreds of thousands of infected home and office routers” and other devices controlled by the Sofacy Group, the department said Wednesday evening. In operation since about 2007, Sofacy targets government, military, security and intelligence organizations, DOJ said.

NTIA Administrator David Redl tweeted Tuesday that he had just met with Doreen Bogdan, the U.S.’s candidate to be the next director of the ITU Telecommunication Development Bureau (see 1803080058). Redl has been a strong, vocal supporter of Bogdan’s. “It was a pleasure meeting with @DoreenBogdan today,” he tweeted. “She will make a great Director of the @ITU Development Sector!” NTIA has a webpage devoted to her candidacy.

A bipartisan group of senators, led by the No. 2 in Republican leadership, asked the treasury secretary, commerce secretary and U.S. trade representative not to loosen export controls for China as they consider how to narrow the bilateral trade deficit. The letter, sent Tuesday, said loosening export controls on sensitive technology "would bolster China’s aggressive military modernization and significantly undermine long-term U.S. national security interests." In addition to Sen. John Cornyn, R-Texas, Sen. John Thune, R-N.D., and Minority Leader Chuck Schumer, 13 Republicans, 13 Democrats and Independent Sen. Angus King of Maine signed the letter. The missive brings up possible softening of sanctions on ZTE: "We urge you not to compromise lawful U.S. enforcement actions against serial and pre-meditated violators of U.S. law, such as ZTE. Export control and sanctions laws should not be negotiable, because fidelity to the rule of law is a key part of what distinguishes the U.S. from a country like China that is ruled by a Communist dictatorship." On Capitol Hill, anti-ZTE efforts moved forward (see 1805230058).

Proposed new 25 percent tariffs on products from China will be put "on hold" while the Trump administration tries to "execute the framework" of a trade deal with China, Treasury Secretary Steven Mnuchin said in an interview on Fox News Sunday. "I'm pleased to report that we've made very meaningful progress and we've agreed on a framework, which is important to understand, and the framework includes their agreement to substantially reduce the trade deficit by increasing their purchasing of goods," he said of the talks with the Chinese. China and the U.S. released a joint statement Saturday saying both sides are aligned on the "importance of intellectual property protections, and agreed to strengthen cooperation," among other terms. Comments are due Tuesday in docket USTR-2018-0005 to rebut statements made in three days of hearings the U.S. Trade Representative's office held last week on the proposed tariffs (see 1805160067 or 1805160020). USTR Robert Lighthizer wants "real work" for "changes in a Chinese system that facilitates forced technology transfers in order to do business in China and the theft of our companies’ intellectual property and business know how," he said in a statement his office emailed us Monday. "Getting China to open its market to more U.S. exports is significant, but the far more important issues revolve around forced technology transfers, cyber theft and the protection of our innovation. As this process continues the U.S. may use all of its legal tools to protect our technology through tariffs, investment restrictions and export regulations. Real structural change is necessary." Despite the Trump administration's pause in adding tariffs on goods from China, it's too early to end efforts on product exemptions, Baker McKenzie lawyer Ted Murphy blogged. "While this is a positive development, it is also subject to change," he said. "For now, we are recommending that companies continue to pursue exclusions just in case."