[gnso-rds-pdp-wg] another document that might be of interest

John Bambenek jcb at bambenekconsulting.com
Mon Oct 23 15:15:21 UTC 2017


+1. This is truth. 

--
John Bambenek

> On Oct 23, 2017, at 09:53, Paul Keating <Paul at law.es> wrote:
> 
> The only thing I can agree with in this email is that DPAs indeed are
> behind the curve and struggling to understand the scope of the GDPR.  They
> are only now starting to entertain comments from businesses impacted by
> the regulation.  They are trying to understand but are understaffed.
> 
> Paul
> 
> On 10/22/17, 5:41 PM, "Rubens Kuhl" <gnso-rds-pdp-wg-bounces at icann.org on
> behalf of rubensk at nic.br> wrote:
> 
>> 
>>> On Oct 22, 2017, at 11:38 AM, John Bambenek via gnso-rds-pdp-wg
>>> <gnso-rds-pdp-wg at icann.org> wrote:
>>> 
>>> I would argue that their views are uninformed on other points of view
>>> or other changes that could be made that would satisfy their objectives
>>> which is similar but has important differences. So I disagree we are at
>>> the point we are violating EU law.
>> 
>> Unfortunately we are already violating EU law. We are only not been
>> sanctioned for it, because the law specify an adjusting period. Just read
>> all the legal memos we already got.
>> 
>>> EU DPAs may never change their mind.
>> 
>> EU courts are a viable way to make government officials change their
>> mind, if you think that's a matter of interpretation.
>> 
>>> I¹ll just get US law changed so that US entities offering domains have
>>> to list ownership information which means most if not all of the gTLDs I
>>> care about if not ICANN also.
>> 
>> You know that Verisign, Facebook and Amazon already have subsidiaries in
>> EU, right ? And they can move their contracts there if being in the US
>> becomes a competitive handicap ?
>> 
>>> We aren¹t there yet because the DPAs are only starting to hear from us.
>>> Until now these discussions were populated by ICANN and
>>> registrars/registries who want whois to go away anyway.
>> 
>> Frankly, registries and registrars couldn't care less about WHOIS. It's
>> just a cost of doing business. The real battle here is between
>> registrants in one side, and affected parties in the other. The balance
>> always favoured affected parties from the beginning, and people got used
>> to it; now that new laws are moving the needle towards registrants, there
>> is resistance among those that got used to being favoured.
>> 
>> 
>>> 
>>> This solitary focus on EU law presupposes that people believe that of
>>> the laws of the ~200 countries in the world, it is EU law that should be
>>> the controlling force of internet governance. Is that what you are
>>> saying?
>> 
>> 
>> EU privacy law is just the first of many laws pointing in a similar
>> direction, so it's not just a matter of following one jurisdiction, is
>> about following a trend.
>> 
>> 
>> Rubens
>> 
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> 
> 



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