[registration-issues-wg] [CPWG] [GTLD-WG] EPDP: Geographic distinction

Greg Shatan greg at isoc-ny.org
Tue Oct 30 04:52:10 UTC 2018


One slight caveat: an EU Citizen living in the US would still get the
benefit of GDPR when the Controller or Processor with their data is
“established” in the EU. But they get that benefit only because the
Controller or Processor’s covered by GDPR.

On Tue, Oct 30, 2018 at 12:40 AM Greg Shatan <greg at isoc-ny.org> wrote:

> I also think it should be restricted to what GDPR requires. Anything
> beyond that essentially puts ICANN into the business of making privacy
> policy without a basis in law, which is beyond the remit of the EPDP.
> There may be an interesting discussion to be had about whether ICANN
> should change WHOIS for policy reasons, but the EPDP is not the place for
> that conversation.
> Greg
> On Mon, Oct 29, 2018 at 11:12 PM Jonathan Zuck <
> JZuck at innovatorsnetwork.org> wrote:
>> I'm inclined to say restricted if for no other reason than we'll
>> eventually have a bunch of GDPRs that are slightly different.
>> On 10/29/18, 9:36 PM, "GTLD-WG on behalf of Alan Greenberg" <
>> gtld-wg-bounces at atlarge-lists.icann.org on behalf of
>> alan.greenberg at mcgill.ca> wrote:
>>     GDPR is applicable to residents of the EU by companies resident there
>>     and worldwide.
>>     One of the issues is whether contracted parties should be allowed or
>>     required to distinguish between those who are resident there and
>> elsewhere.
>>     There is agreement that such distinction should be allowed, but EPDP
>>     is divided on whether it should be required. The GAC/BC/IPC want to
>>     see the distinction made, and at least one very large contracted
>>     party does already make the distinction. Other contracted parties are
>>     pushing back VERY strongly saying that there is virtually no way that
>>     the can or are willing to make the distinction.
>>     The current (confusing) state of the working document is attached.
>>     Which side should ALAC come down on?
>>     - Restrict application to those to whom GDPR applies?
>>     - Apply universally ignoring residence?
>>     As usual, quick replies requested.
>>     Alan
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