[gnso-rds-pdp-wg] FW: WSGR Final Memorandum

Wed Sep 27 20:46:19 UTC 2017

Marika, yes, that's the one. Jonathan

On Wed, Sep 27, 2017 at 11:01 AM, Marika Konings <marika.konings at icann.org>
wrote:

> I did a google search and found the following:
> https://harvardlawreview.org/wp-content/uploads/pdfs/vol126_schwartz.pdf.
> Stephanie, can you confirm this is the article you were referring to?
>
>
>
> Best regards,
>
>
>
> Marika
>
>
>
> *From: *<gnso-rds-pdp-wg-bounces at icann.org> on behalf of jonathan
> matkowsky <jonathan.matkowsky at riskiq.net>
> *Date: *Wednesday, September 27, 2017 at 11:57
> *To: *Stephanie Perrin <stephanie.perrin at mail.utoronto.ca>
> *Cc: *"gnso-rds-pdp-wg at icann.org" <gnso-rds-pdp-wg at icann.org>
> *Subject: *Re: [gnso-rds-pdp-wg] FW: WSGR Final Memorandum
>
>
>
> Hi, Stephanie. I am getting caught up as I was traveling last week, and
> then the Jewish holidays...I was hoping you can send me a copy of that law
> review article you referenced or a citation so I can pull it if not
> publicly available?  Thanks, in advance, Jonathan
>
>
>
> On Wed, Sep 27, 2017 at 7:28 AM, Stephanie Perrin <stephanie.perrin at mail.
> utoronto.ca> wrote:
>
> Binding corporate rules, with a set of derogations that would be specified
> in certain contracts,  (as the kind of contractual clauses that clarify
> what can be done in certain jurisdictions) is not that hard to build.
> International companies have been working on these mechanisms since the
> 90s,  the Article 29 group have clarified how to do it in a series of their
> Opinions, .....and the corporations and working parties in the
> International Conference of Privacy and Data Commissioners made sure these
> things would work internationally.  yes it is work but global operations
> require quite a bit of work. Time to get going on it.
>
> The lawyer we hired for this opinion (Chris Kuner) is an expert in this,
> he has worked with tons of companies striving for compliance with the
> Directive 95/46.  ICANN is awfully late to the party, but this is certainly
> not the most complex application in the world to figure out....
>
> Paul Schwarz (another data protection lawyer who is expert in these
> matters) wrote an excellent article on the coming confrontation between the
> US and EU over the GDPR (Harvard Law REview 2012).   He notes the excellent
> work that companies and dpas did to make sure that such mechanisms as
> contractual clauses actually worked, when dealing with the Directive.
> Historically, the first companies to really start pushing contractual
> clauses way back in the early 90s as I recall were the direct marketing
> companies.  Anyway....the bottom line is where there is a will there is a
> way.  I hope we can muster a common will to actually work on solutions,
> instead of denying the reality of rights and data protection law, a
> position that puts various parties at risk in a variety of ways.
>
> Stephanie
>
>
>
> On 2017-09-27 10:04, Chuck wrote:
>
> It's hard to disagree with Sam's point that "ICANN needs a resilient and
>
> sustainable policy strategy here.  A strategy that sits above the weeds of
>
> conflicting GDPRs".  Put in other words that we have all heard many times, a
>
> one size fits all approach will not work for all users, for all
>
> jurisdictions, for all registrants, for all registrars, for all registries,
>
> etc.
>
>
>
> Chuck
>
>
>
> -----Original Message-----
>
> From: gnso-rds-pdp-wg-bounces at icann.org
>
> [mailto:gnso-rds-pdp-wg-bounces at icann.org <gnso-rds-pdp-wg-bounces at icann.org>] On Behalf Of Sam Lanfranco
>
> Sent: Wednesday, September 27, 2017 5:53 AM
>
> To: gnso-rds-pdp-wg at icann.org
>
> Subject: Re: [gnso-rds-pdp-wg] FW: WSGR Final Memorandum
>
>
>
> I remind us that we are looking at some principles to drive a process here,
>
> the selection of the MPDS. We should not get lost in the weeds of
>
> conflicting GDPRs.
>
>
>
> Nations will have differences, to be negotiated, and ICANN itself (as
>
> ICANN) should retain some procedural latitude to both navigate those
>
> conflicts, and at the same time accept that it has an organizational
>
> stakeholder interest in the resolution of those conflicts.
>
>
>
> This is the world we live in. It will never be neat and tidy, so ICANN needs
>
> a resilient and sustainable policy strategy here.
>
> A strategy that sits above the weeds of conflicting GDPRs.
>
>
>
> Sam Lanfranco
>
> (ncsg/npoc)
>
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