[gnso-rds-pdp-wg] ICANN Legal Opinion on GDPR - Part 1
Michele Neylon - Blacknight
michele at blacknight.com
Fri Oct 20 00:01:32 UTC 2017
I’ve no idea what the “correct” answer is to your questions. And they are valid ones.
However I get the impression that ICANN (corporate) is looking for input and guidance on followup questions.
What isn’t that clear to me personally is how that can be structured
The legal memo is, in my view, a solid document. The questions asked covered some areas that we covered with the data protection experts and the external legal counsel, but also went further.
What I also liked was that instead of simply analysing the status quo vs GDPR they tried to come up with some solutions.
I’m not suggesting for an instant that any of the solutions would be easy to implement, but there are a few things in there that could be viewed as starting points.
The key question for members of this group is very simple.
Do you want to work together to find a solution that takes into consideration the legal advice or not?
Regards
Michele
--
Mr Michele Neylon
Blacknight Solutions
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From: <gnso-rds-pdp-wg-bounces at icann.org> on behalf of Stephanie Perrin <stephanie.perrin at mail.utoronto.ca>
Date: Thursday 19 October 2017 at 17:20
To: "gnso-rds-pdp-wg at icann.org" <gnso-rds-pdp-wg at icann.org>
Subject: Re: [gnso-rds-pdp-wg] ICANN Legal Opinion on GDPR - Part 1
I am curious as to how the questions are being framed. Who is the client, ICANN the MS body, ICANN the CEO and staff (who have been found to be a co-controller and therefore have an interest in avoiding fines) or ICANN the Board.
There are different interests at stake here, I think it would be useful to get a fuller understanding of how Teresa Swineheart is handling the development of questions.
Stephanie Perrin
On 2017-10-19 10:43, Chuck wrote:
Greg,
Having just finished reading the Hamilton memo, I don't understand why you
think the WG needs a presentation? What would a presentation from Teresa or
other ICANN staff person provide us that we couldn't get from the memo
itself and other sources such as the ICANN Blog, etc.?
Can you identify any advice from Hamilton that would supplant work we have
been doing? If so, please identify it.
In my opinion:
- The advice of ways forward fits nicely into our policy development
processes.
- The Hamilton Memo confirms much of what we already heard from the DP
experts and Wilson Sonsini so we now have it from three separate sources.
- You are absolutely that we "need to understand and track the legal
advice being made" and that it overlaps what we are doing but I think that
will help us.
Chuck
-----Original Message-----
From: Greg Aaron [mailto:gca at icginc.com]
Sent: Thursday, October 19, 2017 7:25 AM
To: Chuck <consult at cgomes.com><mailto:consult at cgomes.com>; 'Alan Greenberg' <alan.greenberg at mcgill.ca><mailto:alan.greenberg at mcgill.ca>;
'GNSO RDS PDP' <gnso-rds-pdp-wg at icann.org><mailto:gnso-rds-pdp-wg at icann.org>
Subject: RE: [gnso-rds-pdp-wg] ICANN Legal Opinion on GDPR - Part 1
Dear WG leadership:
As we expected, this ICANN Org effort will have a profound effect on our
work. We will need to understand and track the legal advice being made,
which overlaps with and in some places may supplant work we have been doing.
And the memo's "Finding New Ways Forward" section (3.9) provides advice for
the policy-making process. Clearly our WG needs (deserves) a presentation
at Abu Dhabi from Teresa Swinehart, who is heading up this effort.
Could this be done at the WG meeting on Wednesday 1 November?
Wednesday will be better attended, both in-person and remotely. (Some
members may still be in transit during the WG's early Saturday morning
meeting. And the Saturday meeting is at a challenging time for those
participating remotely -- ~6:30 a.m. Saturday morning in Europe / 12:30
a.m. Saturday East Coast USA.)
As part of the briefing, it would be good to hear about this effort's
schedule, workplan, and immediate next steps. The memo says: "We intend to
provide a series of memorandums, which will address different aspects of the
issue and where the scope and topics of each such memorandum will be
discussed and agreed with ICANN. We understand that ICANN intends to make
each memorandum publicly available."
All best,
--Greg
-----Original Message-----
From: gnso-rds-pdp-wg-bounces at icann.org<mailto:gnso-rds-pdp-wg-bounces at icann.org>
[mailto:gnso-rds-pdp-wg-bounces at icann.org] On Behalf Of Chuck
Sent: Thursday, October 19, 2017 8:51 AM
To: 'Alan Greenberg' <alan.greenberg at mcgill.ca><mailto:alan.greenberg at mcgill.ca>; 'GNSO RDS PDP'
<gnso-rds-pdp-wg at icann.org><mailto:gnso-rds-pdp-wg at icann.org>
Subject: Re: [gnso-rds-pdp-wg] ICANN Legal Opinion on GDPR - Part 1
I want to call attention to the following paragraph:
"The memo highlights the complexity of these issues in the domain name
space, and concludes that the current open, publicly available WHOIS
services cannot remain unchanged. The WHOIS system has to become adaptable
to address the GDPR from the European perspective, as well as other changing
regulations around the world."
After input from Data Protection experts, the Wilson Sonsini memo and now
this memo, do any in the WG disagree with this statement?
Chuck
-----Original Message-----
From: gnso-rds-pdp-wg-bounces at icann.org<mailto:gnso-rds-pdp-wg-bounces at icann.org>
[mailto:gnso-rds-pdp-wg-bounces at icann.org] On Behalf Of Alan Greenberg
Sent: Thursday, October 19, 2017 5:04 AM
To: GNSO RDS PDP <gnso-rds-pdp-wg at icann.org><mailto:gnso-rds-pdp-wg at icann.org>
Subject: Re: [gnso-rds-pdp-wg] ICANN Legal Opinion on GDPR - Part 1
Full Blog post is at
https://www.icann.org/news/blog/data-protection-and-privacy-update. Alan
At 19/10/2017 12:23 AM, Alan Greenberg wrote:
Perhaps it has already been posted, but if not, ICANN has received the
first part of the independent legal analysis of the GDPR in relation to
WHOIS that had been commissioned.
It can be found at
https://www.icann.org/en/system/files/files/gdpr-memorandum-part1-16oct
17-e
n.pdf.
Alan
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