[Gnso-epdp-team] Draft Initial Report

[Stephanie Perrin]

What he said.  I would add to that my oft repeated refrain:  regardless of the deal you manage to cut with the DPAs, who are doubtless aware of GAC pressure for an outcome that adds zero cost and inconvenience to law enforcement, what the Court may decide is another matter.  Given the ability of individuals and civil society to take a complaint and appeal to the higher Court, not to mention the ability to launch class action suits, it would be foolish to not consider this prospect in the risk analysis we do in our policy process.

Stephanie Perrin

On 2019-12-03 13:28, Mueller, Milton L wrote:
From: King, Brian <Brian.King at markmonitor.com><mailto:Brian.King at markmonitor.com>

>Are you saying that even if the DPB writes to the Strawberries and says
>“yes, it’s possible to isolate liability for decision-making centrally with
>ICANN Org”, it would still be impossible for us to come to consensus on
>the centralized decision-making model? (ignoring how (un)likely we think
>that response is)

Yes, indeed. That is what I am saying. This is one reason we are not so pleased with all this kerfuffle about the EDPB. You’re putting the cart before the horse.

What matters is not whether it is legally _possible_ for ICANN to magically absorb the legal responsibility of the registrars for releasing the data of their customers; what matters is whether that is _desirable_ from a policy standpoint. Legal advice or “guidance” from the EDPB has no bearing on what is the right policy, it only clarifies whether one of the policy options is feasible.

We want the disclosure decision to be made as close as possible to the party who is directly accountable to the registrant, the data subject, and that’s the registrar. We believe that the legitimate interests of data requestors are served by standardizing the process, and centralizing and facilitating requests, but centralizing disclosure is going to make it into an automated rubber stamp, as I suspect you have already figured out.

Dr. Milton L Mueller
School of Public Policy
Georgia Institute of Technology
[IGP_logo_gold block_email sig]






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