[gnso-rds-pdp-wg] The overflowing list (was Re: A new and rather important document with respect to jurisdiction issues)

[Stephanie Perrin]

My apologies.  There is a lot of work involved here is dissecting what 
the decision means in terms of jurisdictional issues.  There are three 
issues that are key in my view, just off the top, but I need to study 
the document.

  * Where the registrars are required to escrow data is critical if
    nation states attempt to access it for law enforcement purposes,
    outside an MLAT.  Recall that EU registrars report difficulties in
    getting their preferred escrow agents accepted in lieu of Iron Mountain
  * Where the RDS (whether a central database or federated or completely
    disaggregated) resides becomes important for law enforcement access.
  * Where the Registrar, who has important data retention requirements
    under the 2013 RAA, keeps its data becomes important.

I hope this helps. Once I digest the document, I promise more detail.  
However, this is an important development (pending a potential appeal to 
the Supreme Court of course, or legislative change which seems unlikely 
given the current congressional realities)

Stephanie Perrin
On 2016-07-15 16:45, Andrew Sullivan wrote:
> On Fri, Jul 15, 2016 at 02:46:10PM +0200, Volker Greimann wrote:
>> I think we all agreed earlier that there would not be a cut-off line for new
>> documents.
> I, at least, was not advocating a cut-off.  I was more pleading that,
> when people offer new things that are supposed to offer some new
> perspective, that there actually be some new perspective there.  A
> great deal of the material that I've read so far is mostly the same
> things over and over.  I hardly see how that helps us narrow the use
> cases or figure out what the right thing to do is.
>
> It won't do to try to argue from the size of the stack of reports
> arguing for one view or the other.  I think Chuck's suggestion is a
> good one: if you add something new to the pile, it'd be helpful to say
> what's new about it apart from the authors.
>
> Best regards,
>
> A
>
>

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/gnso-rds-pdp-wg/attachments/20160716/fee53c92/attachment.html>