[gnso-rds-pdp-wg] FW: WSGR Final Memorandum
Stephanie Perrin
stephanie.perrin at mail.utoronto.ca
Thu Sep 28 02:20:09 UTC 2017
Indeed yes, that is the one. Sorry for the delay in response. Life
beckons every now and then....
cheers SP
On 2017-09-27 16:46, jonathan matkowsky wrote:
> Marika, yes, that's the one. Jonathan
>
> On Wed, Sep 27, 2017 at 11:01 AM, Marika Konings
> <marika.konings at icann.org <mailto: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
> <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
> <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 11:57
> *To: *Stephanie Perrin <stephanie.perrin at mail.utoronto.ca
> <mailto:stephanie.perrin at mail.utoronto.ca>>
> *Cc: *"gnso-rds-pdp-wg at icann.org
> <mailto:gnso-rds-pdp-wg at icann.org>" <gnso-rds-pdp-wg at icann.org
> <mailto: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
> <mailto: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>
>
> [mailto:gnso-rds-pdp-wg-bounces at icann.org
> <mailto: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 <mailto: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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