[RDS-WHOIS2-RT] ICANN takes legal action in respect to GDPR

[Carlton Samuels]

Seen it and commented elsewhere.  IMHO, a day late and likely, a dollar
short.

FWIW, Schrems was up and about early Friday morning has filed suits in 4 EU
jurisdictions - France Germany, Belgium, Austria - against Facebook,
Google, Whatsapp et. al that they are obtaining user consent contrary to
law; in effect coercing consent and using the data disproportionately.

I have not at this point read the pleadings but a few more discerning
analysts that I follow believe there is a uniform subtext to the filings.
It appears to state concerns that national legislation may give too much
leeway to individual states to alter the impact/intent of the directive.

I have a feeling Schrems will likely triumph before ICANN.

-Carlton


==============================
*Carlton A Samuels*

*Mobile: 876-818-1799Strategy, Process, Governance, Assessment & Turnaround*
=============================

On Sun, May 27, 2018 at 11:05 PM, Alan Greenberg <alan.greenberg at mcgill.ca>
wrote:

> https://www.icann.org/news/announcement-2018-05-25-en
>
> For those who might not have noticed, on Friday, ICANN announced that it
> has filed injunction proceedings against a German registrar (associated
> with TUCOWS) that had informed ICANN that under the GDPR, it would no
> longer be collecting certain data (Admin and Technical contact info).
>
> Collection is a critical step, in that if data is not collected, it cannot
> be released to accredited parties, no matter how good their justification
> is.
>
> As I understand it (and that could be wrong), this is an interesting step,
> in that it takes the issue out of the hands of data commissioners and into
> the courts, where presumably ICANN will be given an opportunity to explain
> why it believes that such collection is important. Although data
> commissioners have been reported to say that they have no legal basis to
> grant a delay, this is something that the courts can do pending resolution.
>
> Alan
>
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