[CPWG] ICANN orgs responds to digital Services Act initiative Public Consultation launched by European Commission

[Roberto Gaetano]

Dear all,

I think that the problem is a bit more complicated.
An organization - for instance a Registry or a Registrar, but even ICANN itself - can choose the jurisdiction, but there are transactions that depend on the jurisdiction of the counterpart - or even multiple jurisdictions in the case of ICANN.

As an example, a Registrar operates in its own jurisdiction but has to comply with GDPR if dealing with customers that are subject to European jurisdiction. Of course, if it does not want to comply, it has still the option of not accepting European citizen or residents as customers. I am not sure, though, that this option is attractive for overseas Registrars.

Anyway, I agree by and large with Lutz, and would also like to add that GDPR came out because the EU was sick and tired of having its recommendation on privacy completely disregarded as if EU law was irrelevant in a global world, so I am surprised that some people were surprised.

Cheers,
Roberto


> On 17.09.2020, at 20:04, Olivier MJ Crépin-Leblond <ocl at gih.com> wrote:
> 
> 
> 
> On 17/09/2020 10:04, Lutz Donnerhacke wrote:
>>> The one strong point of a centralised system is that the centraliser can
>>> chose the jurisdiction.
>> No, he can't. That's the whole point.
> 
> So if the centraliser was ICANN, you are saying that ICANN cannot choose to use US jurisdiction?
> Kindest regards,
> 
> Olivier
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