[gnso-rds-pdp-wg] WSGR Final Memorandum
Michael Peddemors
michael at linuxmagic.com
Wed Sep 27 22:22:03 UTC 2017
IMHO, If ICANN cannot figure out how to make a proper functioning WHOIS
policy, we have to remember that the community at large will, and then
simply, ICANN will loose relevance on this issue.
No one passed a law that a mail server had to have a functioning PTR
record, (well yes, some international spam legislations clearly spelled
out the need for clearly specifying the operator) but if you want to
send email today, functionally you need a PTR record.
Only problem is, that often it is the biggest players that set those
standards, and it is the role of organizations like ICANN to level the
field, and make sure that directions aren't dictated by the biggest
players on the block, and never more so in a world of consolidation and
cloud providers.
I think it was Yahoo that was one of the first big players to simply not
accept connections from IP(s) with no PTR, and I know we were one of the
early adopters to that strategy..
So, I can see a day that if privacy advocates and/or EU legislation
fears prevent such a Best Practice as proper WHOIS records, the service
providers will simply choose practices, such as 'you cannot access our
service unless you have public whois information available'.
It would be far better if ICANN can understand the importance of that
need, and make a statement that everyone can get behind and point to,
that levels that field, in 'spite' of possible contradictory privacy
information.
Let's just simple keep these two conversations separate, one should NOT
affect the other, this isn't a privacy vs information publishing
standards issue, we can have both.
(And again, I assert that simply 'informed consent' can always deal with
any situations where they conflict)
-- Michael --
PS, my concern is that this lengthy wrangling prevents real work from
getting done, and the participants who are integral to this conversation
will fall by the way side, and the lobbyist's will simply wear them down ..
Some of us have real jobs too..
On 17-09-27 02:58 PM, John Bambenek via gnso-rds-pdp-wg wrote:
> 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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