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

[John Bambenek]

A simple policy proscription would be, for instance, to say under US law
if you get a domain under the control of a US registrar, we need you to
consent to full disclosure. Don't like it, pick a European ccTLD. I
don't advocate that, mind you, but that's the kind of policy
balkanization could produce.

j


On 09/27/2017 04:31 PM, Paul Keating wrote:
> 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
> <mailto:gnso-rds-pdp-wg-bounces at icann.org>> on behalf of jonathan
> matkowsky <jonathan.matkowsky at riskiq.net
> <mailto:jonathan.matkowsky at riskiq.net>>
> Date: Wednesday, September 27, 2017 at 11:03 PM
> To: Rubens Kuhl <rubensk at nic.br <mailto:rubensk at nic.br>>
> Cc: RDS PDP WG <gnso-rds-pdp-wg at icann.org
> <mailto: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
>     <mailto:rubensk at nic.br>> wrote:
>
>
>>         On Sep 26, 2017, at 7:17 PM, John Horton
>>         <john.horton at legitscript.com
>>         <mailto: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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