[IAG-WHOIS conflicts] IAG-WHOIS Conflicts call

Fri Jan 30 01:29:22 UTC 2015

Michele,

If I may, here is an excellent summary of the American ad hoc “sectoral” approach to its personal data protection at Wiki:

http://en.wikipedia.org/wiki/Data_Protection_Directive

“To date, the US has no single data protection law comparable to the EU's Data Protection Directive.[10] Privacy legislation in the United States tends to be adopted on an ad hoc basis, with legislation arising when certain sectors and circumstances require (e.g., the Video Privacy Protection Act of 1988, the Cable Television Protection and Competition Act of 1992,[11] the Fair Credit Reporting Act, and the 2010 Massachusetts Data Privacy Regulations). Therefore, while certain sectors may already satisfy the EU Directive, at least in part, most do not.[12] The United States prefers what it calls a 'sectoral' approach to data protection legislation, which relies on a combination of legislation, regulation, and self-regulation, rather than governmental regulation alone.[13] Former U.S. President Bill Clinton and former Vice-President Al Gore explicitly recommended in their "Framework for Global Electronic Commerce" that the private sector should lead, and companies should implement self-regulation in reaction to issues brought on by Internet technology.[14]

The reasoning behind this approach probably has as much to do with American laissez-faire economics as with different social perspectives. The First Amendment of the United States Constitution guarantees the right to free speech.[15] While free speech is an explicit right guaranteed by the United States Constitution, privacy is an implicit right guaranteed by the Constitution as interpreted by the United States Supreme Court,[16] although it is often an explicit right in many state constitutions.[17]

Extensive European privacy regulation is justified with reference to experiences under World War II-era fascist governments and post-War Communist regimes, where there was widespread unchecked use of personal information.[18] World War II and the post-War period was a time in Europe that disclosure of race or ethnicity led to secret denunciations and seizures that sent friends and neighbors to work camps and concentration camps.[5] In the age of computers, Europeans’ guardedness of secret government files has translated into a distrust of corporate databases, and governments in Europe took decided steps to protect personal information from abuses in the years following World War II.[19] Germany and France, in particular, set forth comprehensive data protection laws.[20]

Phil Zimmermann has called the EU's requirement of data retention worse for the individual than the ad-hoc policies of the US, though his own servers are in Canada and Switzerland.[21]”

Raymond

From: Michele Neylon - Blacknight 
Sent: Thursday, January 29, 2015 11:05 PM
To: Raymond HO ; Camino.MANJON at ec.europa.eu 
Cc: jamie.hedlund at icann.org ; whois-iag-volunteers at icann.org 
Subject: RE: [IAG-WHOIS conflicts] IAG-WHOIS Conflicts call

Raymond

This should have been addressed years ago.. hopefully ICANN is serious about resolving it now and will do so in a sane fashion. 

“Sane” does not mean introducing more friction for companies who want to operate in the ecosystem and comply with national law. 

Our own experience with this has been very negative.

See: 

http://blog.blacknight.com/blow-fuse.html

Ultimately registrars and registries are running businesses – having these kind of obstacles is not helpful and does little to further ICANN’s stated goals of “one world, one internet” – it often translates into “one American world, one American internet” .. I also keep thinking of Orwell, but maybe that’s just me

Regards

Michele

--

Mr Michele Neylon

Blacknight Solutions

Hosting, Colocation & Domains

http://www.blacknight.host/

http://blog.blacknight.com/

http://www.blacknight.press - get our latest news & media coverage

http://www.technology.ie

Intl. +353 (0) 59  9183072

Direct Dial: +353 (0)59 9183090

Social: http://mneylon.social

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Road,Graiguecullen,Carlow,Ireland  Company No.: 370845

From: Raymond HO [mailto:arbitrator at raymondho.com] 
Sent: 29 January 2015 13:55
To: Michele Neylon - Blacknight; Camino.MANJON at ec.europa.eu
Cc: jamie.hedlund at icann.org; whois-iag-volunteers at icann.org
Subject: Re: [IAG-WHOIS conflicts] IAG-WHOIS Conflicts call

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.

  <image001.gif> 

  © 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

  2.     <!--[if !supportLists]--><!--[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.     <!--[if !supportLists]--><!--[endif]--><!--[if !supportLists]-->3. <!--[endif]-->Scheduling next call

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

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

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