[IAG-WHOIS conflicts] IAG-WHOIS Conflicts call

Thu Jan 29 13:55:26 UTC 2015

Thanks, Michele for sharing with us the background of this important issue to the ICANN Registrars and also to the domain name users generally. Personal Data Protection has become a generally accepted component of the human rights projection in the civilized world. Certainly there is some urgency in resolving this matter with no further delay.  

If I may quote from Wikipedia ( http://en.wikipedia.org/wiki/General_Data_Protection_Regulation ) on the situation in the EU:  

"The proposed new EU data protection regime extends the scope of the EU data protection law to all foreign companies processing data of EU residents. It provides for a harmonization of the data protection regulations throughout the EU, thereby making it easier for non-European companies to comply with these regulations; however, this comes at the cost of a strict data protection compliance regime with severe penalties of up to 2% of worldwide turnover." [1] Note: The current version contains increased fines up to 5%. [2]”  Attached is the document referred to in note [2] of this remark published at Wiki.

Regards,
Raymond
From: Michele Neylon - Blacknight 
Sent: Thursday, January 29, 2015 6:10 PM
To: Camino.MANJON at ec.europa.eu 
Cc: arbitrator at raymondho.com ; jamie.hedlund at icann.org ; whois-iag-volunteers at icann.org 
Subject: Re: [IAG-WHOIS conflicts] IAG-WHOIS Conflicts call

We obviously agree with the previous two comments and refer you to our comments from last year:

http://forum.icann.org/lists/comments-whois-conflicts-procedure-22may14-en/msg00002.html

Regards

Michele

Mr. Michele Neylon 
Blacknight
http://blacknight.tel
Sent from a small shiny object so excuse fat fingers!

On 29 Jan 2015, at 09:44, "Camino.MANJON at ec.europa.eu" <Camino.MANJON at ec.europa.eu> wrote:

  Dear all,

  I agree with the position expressed by our colleague Raymond below.

  On our side, it is not completely sure we will be able to join the call, but we will try our best.

  We provided comments posted in the public forum, which we copy below

  http://forum.icann.org/lists/comments-whois-conflicts-procedure-22may14-en/msg00004.html

  All the best

  (Ms) Camino Manjon-Sierra 
  European Commission - DG Communication Networks, Content and Technology
  Unit D1 - International relations

  Internet Governance; ICANN GAC; ".eu"; Internet and Human Rights

  Desk - Iran, Sudan, Iraq & Yemen

  Avenue de Beaulieu 25 (4/109) / B-1049 / Brussels / Belgium
  T: +32-2-29-78797 M: +32-488-203-447 

  E: Camino.Manjon at ec.europa.eu
  Twitter: @caminomanjon
  LinkedIn: https://www.linkedin.com/pub/camino-manjon/50/b20/240

  The information and views set out in this email do not necessarily reflect the official opinion of the European Union. Neither the European Union institutions and bodies nor any person acting on their behalf may be held responsible for the use which may be made of the information contained therein.

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  © thinkBeforePrinting.org Campaign

  From: whois-iag-volunteers-bounces at icann.org [mailto:whois-iag-volunteers-bounces at icann.org] On Behalf Of Raymond HO
  Sent: Thursday, January 29, 2015 7:47 AM
  To: Jamie Hedlund; whois-iag-volunteers at icann.org
  Subject: Re: [IAG-WHOIS conflicts] IAG-WHOIS Conflicts call

  Thanks, Jamie.

  AS the conference will be held after mid-night my local time, I shall not be able to attend.  

  After having read the “Procedure”, it is a concern to me that the “privacy” issue in the WHOIS information would only be triggered when “proceedings” are taken by Govt authorities against the Registrar. 

  In my view, the Procedure should be revised to allow for invocation prior to contracting.  Research on the local privacy law requirements should be undertaken by ICANN to see how the “Registrar Contract” on the collection of “WHOIS” information can be done in such a way to minimize the risk of infringement.  With such local legal information at hand, contractual provisions can be revised in advance of “contracting”.

  Regards,

  Raymond HO  

  From: Jamie Hedlund 

  Sent: Tuesday, January 27, 2015 4:36 AM

  To: whois-iag-volunteers at icann.org 

  Subject: [IAG-WHOIS conflicts] IAG-WHOIS Conflicts call

  Agenda:

1.    1. Discuss the scope and mission of the charter

  <!--[if !supportLists]-->2.    <!--[endif]--><!--[if !supportLists]-->2. <!--[endif]-->Charter Question 1:

?         · Process: Should the Procedure be revised to allow for invocation prior to contracting?

o   o If adopted, how would that alter the contracting process?

o   o What parties would be most appropriate to include at this early stage of the Procedure?

3.    3. Scheduling next call

  <!--[if !supportLists]-->?         <!--[endif]--><!--[if !supportLists]-->· <!--[endif]-->First Wednesday in March (4 March 2015)

  <!--[if !supportLists]-->4.    <!--[endif]--><!--[if !supportLists]-->4. <!--[endif]-->AOB

  -------------------------------------------------------------------------------------------------------

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