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

[Mueller, Milton L]

This discussion seems to be closely related to how we handle the natural/legal persons distinction.
I see no legitimate use case here in cases of natural persons and noncommercial registrations.

As a related observation, it has also been proven through prior studies by the Expert Working Group that very few people rely on Whois for identifying the provider of online services. They use other mechanisms for the most part.

Note also that if an online site is suspected of fraud or other criminal or civil violations, then an LEA should be and will be able to look at the redacted data under another use case.

--MM

From: Gnso-epdp-team <gnso-epdp-team-bounces at icann.org> On Behalf Of Greg Aaron
Sent: Thursday, July 11, 2019 10:25 AM
To: 'Volker Greimann' <vgreimann at key-systems.net>; '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

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