[gnso-rds-pdp-wg] Legal Inquiry to ICANN

[John Bambenek]

Perhaps the assumption of bad faith might not be the best starting position for moving forward either. 

--
John Bambenek

> On Feb 14, 2018, at 17:07, Ayden Férdeline <icann at ferdeline.com> wrote:
> 
> I do not support this as a path forward.
> 
> We have seen repeatedly that the legal advice we have been issued has been ignored by those who are unhappy with the message contained within it.
> 
> And I disagree with the assertion that there is a "clear lack of consensus" on the question of the  extraterritorial nature of the GDPR.
> 
> To continue dwelling on this question will ensure that we never make any progress as a working group.
> 
> — Ayden  
> 
> 
> -------- Original Message --------
>> On 15 February 2018 12:01 AM, Michael Palage <michael at palage.com> wrote:
>> 
>> Chuck,
>> 
>>  
>> 
>> As one of the original authors to the this extraterritorial thread, I welcome all the legal interpretation by both lawyers and non-lawyers in connection the scope to Article 3 of the GDPR. I  think it is fair to say there is a clear lack of consensus.  Therefore I would like to propose the following.  Allow the group to comprise a list of legal questions regarding this issue and forward it to ICANN.org and ask of them the following:
>> 
>>  
>> 
>> Provide the list of questions to Hamilton for a response
>> Have ICANN legal provide a response to these same questions
>>  
>> 
>> The reason for Number 2 is that John Jeffrey made very clear in the last webinar that he does NOT agree with all of the Hamilton analysis.  I think us ICANN volunteers toiling away in the PDP coal mine are entitled/deserve an answer to these questions to allow us to move forward with more productive work It does the group no good for a bunch of well-intentioned individuals lacking the requisite legal training to debate these issues.
>> 
>>  
>> 
>> Best regards,
>> 
>>  
>> 
>> Michael
>> 
> 
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