[Gnso-rds-pdp-privacy] Privacy sub-group

Mon Mar 28 18:29:09 UTC 2016

Ayden,

"Poor" is a subjective judgment, whether or not you put "objectively"
before it.  Equally subjective (at best) is the idea that the laws of "108
countries" or all "economically-advanced economies outside of the United
States" can be reduced to a couple of catch-phrases.  I'll disagree with
the first subjective statement, and state that the second is impossible.

Thankfully, we will have the time in this Working Group to get beyond such
advocacy positions to explore what the laws (potentially, of every country
in the world?) say, how they can and have been interpreted and how they --
among a host of other factors -- might impact policy-making in this area.
Having the time, of course, is only part of the challenge.  The means to
explore those laws is something we have to grapple with -- and, as in any
legal exploration, the difference between subjective advocacy and objective
consideration is critically important.

Best regards,

Greg

On Mon, Mar 28, 2016 at 1:53 PM, Ayden Fabien Férdeline <ayden at ferdeline.com
> wrote:

> Fully understand that, Greg, but the fact that ICANN is headquartered in a
> territory with objectively poor privacy laws does not mean we cannot look
> to respect the wishes of the 108 countries who do offer a general right to
> information privacy. Sorry if my views on this issue have come out, but
> yes, I support the principles of privacy-by-default, which in
> economically-advanced economies outside of the United States is not an
> abstract concept.
>
> Best wishes,
>
> Ayden
>
>
> On Mon, Mar 28, 2016 at 6:43 PM, Greg Shatan <gregshatanipc at gmail.com>
> wrote:
>
>> Ayden,
>>
>> EU rulings do not necessarily impact the law in the rest of the world,
>> much less California.  I would not categorize an attempt to embrace EU
>> principles as a "race to the top" nor would I categorize those principles
>> as "international best practices."  Certainly, we as a group should not
>> adopt such attitudes.  But, hey, it's nice to know where you stand.
>>
>>
>> Best regards,
>>
>> Greg Shatan
>>
>>
>>
>> [image: http://hilweb1/images/signature.jpg]
>>
>>
>>
>>
>> *Gregory S. Shatan | Partner*McCARTER & ENGLISH, LLP
>>
>> 245 Park Avenue, 27th Floor | New York, New York 10167
>> T: 212-609-6873
>> F: 212-416-7613
>> gshatan @mccarter.com | www.mccarter.com
>>
>> BOSTON | HARTFORD | STAMFORD | NEW YORK | NEWARK
>> EAST BRUNSWICK | PHILADELPHIA  | WILMINGTON | WASHINGTON, DC
>>
>>
>>
>> On Mon, Mar 28, 2016 at 12:01 PM, Ayden Fabien Férdeline <
>> gnso-rds-pdp-privacy at icann.org> wrote:
>>
>>> Hello all,
>>>
>>> I would like to introduce some material relating to the 'right to be
>>> forgotten' in Europe. Here's a court judgement
>>> <https://links2.mixmaxusercontent.com/aMjjKHWxnLSD3SEwj/l/Y6pG8Inj7cxRfeEQg?rn=IyZy9mLu5WYjlGQ5NWY2lmcw1CckBXLzRmct82cudmI&re=IyZy9mLu5WYjlGQ5NWY2lmcw1CckBXLzRmct82cudmI>
>>>  <
>>> http://curia.europa.eu/juris/document/document.jsf?text=&docid=152065&pageIndex=0&doclang=EN&mode=req&dir=&occ=first&part=1&cid=11654
>>> >.
>>>
>>> The protection of personal data in Europe is seen as a fundamental right
>>> on equal standing with all other human rights. The Court of Justice of the
>>> European Union has consistently held that any and all data processing must
>>> be subject to stringent proportionality assessments.
>>>
>>> It has been unsuccessfully argued that allowing users to delete their
>>> data is an affront to other fundamental rights such as free speech. The
>>> Court of Justice of the EU has consistently ruled that if and when the
>>> privacy interests of the data subject outweigh the public interest, the
>>> individual should be able to enforce his or her 'right to be forgotten'.
>>>
>>> This decision is something we should carefully consider when looking at
>>> how long we retain information for. Certainly once a domain name has
>>> expired, it would be difficult to justify under these rulings the continued
>>> storage of the sensitive personal information of registrants.
>>>
>>> I appreciate that EU rulings do not necessarily impact Californian law,
>>> but hey, why not have a race to the top and adopt international best
>>> practices in privacy law… :-)
>>>
>>> Best wishes,
>>>
>>> Ayden Férdeline
>>>
>>> On Sun, Mar 27, 2016 at 5:37 AM, David Cake via Gnso-rds-pdp-privacy <
>>> gnso-rds-pdp-privacy at icann.org> wrote:
>>>
>>>> Welcome all of you to the Privacy sub-team. Thanks to all of you for
>>>> volunteering.
>>>>
>>>> Our task is first to collect information on privacy issues relevant to
>>>> registration data. Then we will go on to decide how best to present that
>>>> information for use of the working group - we may consolidate, summarise,
>>>> prioritise etc in order to make the important information easily available.
>>>> Hopefully the privacy experts on this group will help us locate the most
>>>> important material, and make it easily digestible to the broader working
>>>> group.
>>>>
>>>> This is a link to the RDS PDP WG document that describes the approach
>>>> the WG agreed upon
>>>> https://community.icann.org/download/attachments/58730879/RDS-PDP-Proposed-Summary-Approach.pdf
>>>> <https://urldefense.proofpoint.com/v2/url?u=https-3A__community.icann.org_download_attachments_58730879_RDS-2DPDP-2DProposed-2DSummary-2DApproach.pdf&d=CwMBAg&c=5VD0RTtNlTh3ycd41b3MUw&r=gvEx8xF7ynrYQ7wShqEr-w&m=u1EVRiHe_hJc7jxNs5HvrA_j6PFk6zDIgTHzeV5HW-I&s=2ky2gNfugoilw7hdnuB-Li1SPS7b_5IFQFq5Dm1QeEk&e=>
>>>>
>>>> At this early stage, we are in collection mode - please send documents
>>>> that you think will be valuable to the group. If you add a bit more
>>>> information for context as to why you think it would be useful, that will
>>>> probably be very helpful for later work.
>>>>
>>>> Looking forward to working with you all.
>>>>
>>>> David
>>>>
>>>>
>>>>
>>>> _______________________________________________
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>>>> Gnso-rds-pdp-privacy at icann.org
>>>> https://mm.icann.org/mailman/listinfo/gnso-rds-pdp-privacy
>>>>
>>>
>>>
>>> Ayden Férdeline
>>> +44.77.8018.7421
>>>
>>> _______________________________________________
>>> Gnso-rds-pdp-privacy mailing list
>>> Gnso-rds-pdp-privacy at icann.org
>>> https://mm.icann.org/mailman/listinfo/gnso-rds-pdp-privacy
>>>
>>
>>
>
> Ayden Férdeline
> +44.77.8018.7421
>
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