[gnso-rds-pdp-wg] OT Re: An important technical consideration about nature of the service (was Re: The overflowing list )

[Greg Aaron]

The latest count is that ICANN-accredited registrars exist in 67 national jurisdictions, and that gTLD registries exist in 47 different national jurisdictions.
https://www.icann.org/en/system/files/files/gtld-marketplace-health-index-beta-19jul16-en.pdf  

Among those there is additional choice.  For example, different registrars offer different terms of service within in the laws of their jurisdictions, registrants have choices about privacy/proxy protection, etc.

So, registrants have opportunities to make choices about what they register, where, under what laws, and under what terms of service.


-----Original Message-----
From: gnso-rds-pdp-wg-bounces at icann.org [mailto:gnso-rds-pdp-wg-bounces at icann.org] On Behalf Of Holly Raiche
Sent: Friday, July 22, 2016 8:52 AM
To: Andrew Sullivan <ajs at anvilwalrusden.com>
Cc: gnso-rds-pdp-wg at icann.org
Subject: Re: [gnso-rds-pdp-wg] OT Re: An important technical consideration about nature of the service (was Re: The overflowing list )

The quick answer - to expand a bit on Michele - is that each country has its own laws, that companies registered in that country must comply with those laws.  And yes, that means different laws for different countries.  Indeed, the recent US  in decision on Microsoft was that the US Stored Communications Act could not compel Microsoft to provide the US with data that is held in Ireland.  Wonderfully, the US Court recognised that its jurisdiction ends at its borders for that issue.  The bleeding obvious, I would have thought.

Holly
On 22 Jul 2016, at 10:39 pm, Andrew Sullivan <ajs at anvilwalrusden.com> wrote:

> On Fri, Jul 22, 2016 at 06:02:26PM +0530, Sivasubramanian M wrote:
> 
>> ​That would be a problem for me as a Registrant from another country, 
>> if my country were to provide stronger safeguards against the release 
>> of my data to LEA.
> 
> So don't do business with an Irish company?  Surely we're not going to 
> use RDS policies to try to make every company providing anything 
> anywhere do exactly the same thing?
> 
> A
> 
> --
> Andrew Sullivan
> ajs at anvilwalrusden.com
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> gnso-rds-pdp-wg at icann.org
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