[gnso-rds-pdp-wg] [renamed] Key early questions

Sam Lanfranco sam at lanfranco.net
Tue May 10 14:59:29 UTC 2016

I would like to follow up on Péter Kimpián’s comments.

Here is very simple aerial fly over perspective on the data issues here. 
I may be completely wrong, but history -starting with the European 
Enclosure Movement- suggests that I am probably right.

ICANN has business interests in defining what data to collect, 
accessible by whom and under what conditions. It also has business 
interests, from within its remit, in the data relationship with its 
contracted parties.
However, ICANN’s contracted parties reside within national 
jurisdictions, and the relevant data is hosted within national 
jurisdictions, so ICANN cannot unilaterally define what constitutes 
legitimate data policy within its business interests.

This means that how ICANN treats data will be increasingly constrained 
not just by ICANN’s remit, but by the “ring fence” of national and 
regional polices erected around ICANN’s remit by the data retention and 
use policies of the rest of the governments on the planet.

Some will brand this as the “fracturing of the Internet”. It is in fact 
other jurisdictions taking responsibility for Internet governance 
outside ICANN’s remit, but within their remit. While they may do this 
well or badly, it is more like “city planning” than attempts to fracture 
the Internet. ICANN will have to recognize that it is just another 
stakeholder in that process.

Just as the other stakeholder groups within ICANN are busy with 
engagement in other national, regional and global policy forums and 
processes, ICANN will either have to engage as a stakeholder advocating 
on its own behalf, and hopefully on behalf of the public good, or it 
will simply tend its business within the “ring fence” build out of its 
own remit and the remits of others, and leave the rest of the issues to 
be dealt with within the remits of others.

Sam Lanfranco

On 5/10/2016 6:23 AM, Kimpián Péter wrote:
> Dear All,
> Totally agree with Stephanie, I would also add that every data 
> processing must be fair and lawful and  for every each data processing 
> activity the data controller must have a valid legal base. Therefore 
> as already emphasized since Marrakesh the definition of the purpose of 
> data processing (which also means data collection) is the most 
> important task of the WG. The WG should present – I think – a proposal 
> which clearly defines the purpose of data processing of ICANN and made 
> on behalf of/or following the instruction of ICANN and to clearly 
> state whether they are lawful and to which legal base to choose for 
> the processing (for certain purpose data controller=registrar, 
> registries will face problems if using one or another legal base in 
> certain part of the world or even for data coming from certain part of 
> the world) .
> If there are multiple purposes – I think – the WG should be able to 
> demonstrate the same for every each of them.
> In all high level multi- and bilateral international treaties (ex: art 
> 12 of Universal Declaration of Human Rights) and in 109 (!) countries’ 
> national (current number of countries having data protection 
> legislation, being Turkey the newest one) law all over the world the 
> processing of personal data out of the purpose of for purposes which 
> are illegal or unlawful or even unfair is strictly forbidden.
> Best regards,
> Peter
> /dr. Péter Kimpián/
> //
> /International Affairs and Public Relations Department/
> /National Authority for Data Protection and Freedom of Information/
> /Address: H-1125 Budapest,/
> /Szilágyi Erzsébet fasor 22/C./
> /Postal address: H-1530 Budapest, Pf.: 5./
> /Tel: +36-1/391-1422/
> /Fax: +36-1/3911410/
> /Email: kimpian.peter at naih.hu <mailto:kimpian.peter at naih.hu> /
> /Web address: www.naih.hu <http://www.naih.hu/>/
     [ rest deleted]

"It is a disgrace to be rich and honoured
in an unjust state" -Confucius
Dr Sam Lanfranco (Prof Emeritus & Senior Scholar)
Econ, York U., Toronto, Ontario, CANADA - M3J 1P3
email: Lanfran at Yorku.ca   Skype: slanfranco
blog:  http://samlanfranco.blogspot.com
Phone: +1 613-476-0429 cell: +1 416-816-2852

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/gnso-rds-pdp-wg/attachments/20160510/1d3097c2/attachment.html>

More information about the gnso-rds-pdp-wg mailing list