[gnso-rds-pdp-wg] ICANN Meetings/Conversations with Data Protection and Privacy Commissioners

[Andrew Sullivan]

On Thu, Sep 28, 2017 at 06:46:29PM +0200, theo geurts wrote:
> 
> I think it is meant that IP addresses will be considered personal
> information under the GDPR, that concept might be new to folks in this WG.

I _know_ that.  But there are two issues here:

    1.  It appears entirely clear, both from previous discussions and
    from the legal analysis that was just delivered, that collection
    of certain data (and we're still talking about collection,
    remember) is permitted if you have legitimate purposes.
    Therefore, we should be paying attention to those purposes, and be
    specific about it.

    2.  It is possible that any law, or any interpretation of the law,
    is being made with a misapprehension of how the Internet actually
    works.  Quite frankly, it is apparent to me that an alarming
    number of policymakers have a deeply mistaken model for the way
    the Internet works, mostly aligned with a picture that looks like
    the way the phone system used to work.  But we have to make policy
    for the actual Internet, rather than for some system that does not
    actually exist.  This is why I sent that note the other day about
    figuring out what we want and then asking lawyers how that can be
    made to comport with such legal regimes as we know, rather than
    doing it the other way.

Best regards,

A

-- 
Andrew Sullivan
ajs at anvilwalrusden.com