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

Paul Keating Paul at law.es
Wed Sep 27 21:31:03 UTC 2017


I am failing to understand how such a walled-garden approach will solve
anything.

1. EU registrars/registries would still have to deal with GDPR.

2. Registrars are not aided by the distinction since they would still end up
with EU customers and EU registrant data.

PRK

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 11:03 PM
To:  Rubens Kuhl <rubensk at nic.br>
Cc:  RDS PDP WG <gnso-rds-pdp-wg at icann.org>
Subject:  Re: [gnso-rds-pdp-wg] WSGR Final Memorandum

> Assuming for argument's sake that's true without taking any position as I'm
> still catching up from a week ago, I'm not sure this should be dismissed
> without consideration as a possibility, although obviously not by any stretch
> of the imagination ideal --> non-EU registrars block EU registrants, and
> registries contract with non-EU registrars.
> 
> On Tue, Sep 26, 2017 at 8:25 PM, Rubens Kuhl <rubensk at nic.br> wrote:
>> 
>>> On Sep 26, 2017, at 7:17 PM, John Horton <john.horton at legitscript.com>
>>> wrote:
>>> 
>>> Much of this problem goes away if we all agree that EU-based registrars
>>> should henceforth only be allowed to accept registrants in the EU. Aside
>>> from the effect on EU registrars' revenue, what's the logical argument
>>> against that from a policy perspective?
>>> 
>>> After all, isn't the purpose of the GDPR to protect EU residents?
>> 
>> That's correct, but the conclusion is not. Non-EU registrars are also subject
>> to GDPR if targeting EU customers, which could be as simple as providing
>> services in EU languages and accepting registration transactions from the EU.
>> So, for the problem to go away non-EU registrars would need to block EU
>> registrants, and registries would only be able to enter contracts with non-EU
>> registrars.
>> 
>> So EU users would either be happy using numeric IP addresses, or develop a
>> naming system of their own. Then we would have balkanisation, this time
>> actually including the original balkans.
>> 
>> 
>> Rubens
>> 
>> 
>> 
>> 
>>  
>> 
>> 
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> 
> 
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