[registration-issues-wg] [CPWG] [GTLD-WG] Next possible move related to GDPR

Evan Leibovitch evanleibovitch at gmail.com
Tue Sep 4 14:11:27 UTC 2018


Hi Roberto,

As just one example:

Registrants will want the definition of abuse defined as narrowly as
possible, to perhaps only activity that is a major crime (ie, a felony in
the US) in the country where the domain is registered. This would allow the
bad-actor registrants to go location-shopping for the most lax
jurisdictions, a practise already clearly in evidence even for registries
seeking tax havens.

End-users will want a broader definition that will extend to what is
illegal or regulated in the country where the abuse takes place (ie,
phishing, election tampering etc) takes place.

Generally registrants will want access to data as minimal and difficult as
possible, in ways that will not only fail to curtail current levels of
abuse but could inflame them. End users will want broader levels of
accountability than registrants want to give, and may want to enable
investigations of abuse to be conducted by organisations not strictly
defined as law-enforcement (human rights groups, for example).

As I've said, usually the interests of registrants and end users are
aligned. We have to be able to deal with those rare-but-real instances
where they are not. Yes, compromise is possible, but only if first there is
a strong and clear advocate for (and at very least understanding of!)
registrant accountability. No other community or constituency except
At-Large even has an interest to serve as that advocate, and most other
parts of ICANN (most certainly registrants) are already pushing for little
or zero accountability.

Cheers,
Evan
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