[Gnso-epdp-team] ALAC Use Cases - Consumer Protection

Thu Jul 11 15:16:01 UTC 2019

The first question is whether the proposed use is compatible with GDPR.  

Cases such as that one are worthy of examination, because the multistakeholder policy development process is to be “used to ascertain the global public interest.”

From: Ayden Férdeline <icann at ferdeline.com> 
Sent: Thursday, July 11, 2019 10:42 AM
To: Greg Aaron <greg at illumintel.com>
Cc: 'Volker Greimann' <vgreimann at key-systems.net>; 'Hadia Abdelsalam Mokhtar EL miniawi' <Hadia at tra.gov.eg>; gnso-epdp-team at icann.org
Subject: Re: [Gnso-epdp-team] ALAC Use Cases - Consumer Protection

But ICANN is not a global consumer protection agency. Whois and the RDS is not a substitute, replacement, or proxy for the work of governments in protecting consumers. As you note Greg, governments can and already do mandate what data must be made available on the websites of entities selling goods or offering services to the general public. Governments can and do educate consumers to deal only with entities they know online and that have complied with the legal requirements of disclosure and presentation within their jurisdiction. It is far outside the scope and mission of ICANN to take on this responsibility too; any use cases not strictly associated with ICANN's mission must, in my view, be thrown out.

Ayden Férdeline 

‐‐‐‐‐‐‐ Original Message ‐‐‐‐‐‐‐

On Thursday, 11 July 2019 15:25, Greg Aaron <greg at illumintel.com> wrote:

Volker, checking the details on the Web site is easier in your country, Germany.  There the Telemedia Act requires that a web site owner post a great deal of information that allows a consumer to identify the provider.  That includes address, details about the entity’s authorized representative (often the name of a legal person), telephone number and/or email address, details about shares and nominal capital, the company registration number, VAT number, and more.  It’s required even if services are offered not in return for payment but if advertisements are used to generate income.

But that’s not the law in most of the world, which have no such requirement.

The German law seems like a reminder that those engaged in commercial activity are not entitled to anonymity under GDPR.

Best,

--Greg

From: Gnso-epdp-team <gnso-epdp-team-bounces at icann.org> On Behalf Of Volker Greimann

Sent: Thursday, July 11, 2019 9:29 AM

To: Hadia Abdelsalam Mokhtar EL miniawi <Hadia at tra.gov.eg>

Cc: gnso-epdp-team at icann.org

Subject: Re: [Gnso-epdp-team] ALAC Use Cases - Consumer Protection

Case 2 seems to be a bit far fetched and based on a discussion that has been done to death in various fora and WGs on ICANN previously. Do we really want to continue beating this dead horse? If a user wants to verify a site he wants to do business with, he can check the information on that site or in the SSL Certificate. If neither are present, that should tell any sensible user enough. There is absolutely no need for whois access for this purpose.

Case 1 seems to refer to a case that is better handled by LEAs.

-- 

Volker A. Greimann

General Counsel and Policy Manager

KEY-SYSTEMS GMBH

T: +49 6894 9396901

M: +49 6894 9396851

F: +49 6894 9396851

W:  <http://www.key-systems.net/> www.key-systems.net

Key-Systems GmbH is a company registered at the local court of Saarbruecken, Germany with the registration no. HR B 18835

CEO: Alexander Siffrin

Part of the CentralNic Group PLC (LON: CNIC) a company registered in England and Wales with company number 8576358.

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On Thu, Jul 11, 2019 at 10:26 AM Hadia Abdelsalam Mokhtar EL miniawi <Hadia at tra.gov.eg <mailto:Hadia at tra.gov.eg> > wrote:

Dear Team,

Please find attached two use cases in relation to consumer protection. Apologies for being late and for any inconvenience this may cause.

Best

Hadia

Eng. Hadia Elminiawi (M.Sc.)

Director, DNS-Entrepreneurship Center

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