[registration-issues-wg] [CPWG] [GTLD-WG] Next possible move related to GDPR
alan.greenberg at mcgill.ca
Tue Sep 4 15:37:52 UTC 2018
A couple of points, most not in relation to a particular previous
comment but to the overall conversation here over the last few days.
The fact that the ultimate result will be a compromise is a given
That is what GDPR is. It calls for protection of personal
information, BUT allows access for legitimate reasons. It is where
that line is that is the question, and what are the legally
admissible arguments for setting the line at a particular place for a
And that last part is the difficulty. Different parties have
different aims. Some are looking purely at privacy and believe it
should be maximized. Others, for convenience or real need want to
make access more liberal. Others really don't care, but want to
minimize their exposure and risk to be cited for violations 9(and
indeed, public companies have a legal responsibility to their
shareholders to minimize such risk).
If we had enough time, effort, full understanding of the various
needs and positions, and the wisdom of the proverbial bibilical
Solomon, perhaps we could establish just what that compromise is with
regard to WHOIS/RDS.
But that is not out job. How iCANN works, is that we each need to
represent what is important to use and if you believe in in the
multistakeholder model, or in magic, what will come out the other end
is a balanced result that will make us all happy. Or all equally unhappy.
The premise of the EPDP is that we WILL end up with something that we
believe will pass the GDPR test of balance. There is no shortage of
people there who will be pressing for ultimate registrant privacy. So
the question is, what should out stance be there? Some level of
balance is a given - we do not need to defend that.
One other point on ccTLDs (and for that matter a select number of
gTLDs). Many such TLDs have very low levels of abuse, because they
have registration policies regarding who can register a domain and in
some cases how it can be used. And these policies are enforced. So
patterns of use and abuse are quite different. If gTLDs were
controlled as many ccTLDs are, we would not be having many of the
conversations we have. Or the problems we have...
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