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

[Paul Keating]

+1

From:  gnso-rds-pdp-wg <gnso-rds-pdp-wg-bounces at icann.org> on behalf of
allison nixon <elsakoo at gmail.com>
Date:  Thursday, February 15, 2018 at 2:48 PM
To:  Stephanie Perrin <stephanie.perrin at mail.utoronto.ca>
Cc:  RDS PDP WG <gnso-rds-pdp-wg at icann.org>, KWASNY Sophie
<Sophie.KWASNY at coe.int>, KIMPIAN Peter <Peter.KIMPIAN at coe.int>
Subject:  Re: [gnso-rds-pdp-wg] Legal Inquiry to ICANN

> I agree with this. The last this time the group met with the DPAs, there was
> zero representation of the cybersecurity needs in relation to WHOIS. The
> opportunity was totally blown. The DPAs need to be made aware of the societal
> costs to the loss of WHOIS. If they were aware of that, they would be much
> more receptive to the legitimate cybersecurity purposes for using the data.
> GDPR mentions a balance of interests and there is no sign the law was created
> with the intent to make cybersecurity work harder and increase the risk of
> breaches. Considering how minuscule the value of the entire domain industry is
> in comparison to the losses incurred by abuse of their product, I think that
> is a compelling argument for the DPAs to consider. If only it was ever
> presented to them.
> 
> If they state that some scheme is legal and serves a legitimate purpose for
> society as a whole, then bam, it is legal.
> 
> On Wed, Feb 14, 2018 at 8:56 PM, Stephanie Perrin
> <stephanie.perrin at mail.utoronto.ca> wrote:
>>     
>>  
>> 
>> I think this is an excellent suggestion.  May I add to this a suggestion that
>> we include the DPAs who so kindly came to Copenhagen last year?  They
>> indicated a willingness to engage further, and I see no evidence that we have
>> done so.  I am sure the Council of Europe would be happy to broker this for
>> us and am copying Sophie and Peter to see if we can engage them to help with
>> this task.
>>  
>> 
>> I must say I am getting very weary of this endless debate, and commend the
>> patience of folks like Michael who have been witnessing it for a decade
>> longer than I have. I would remind everybody that there has been no
>> substantive change in the actual application of the EU laws to ICANN, except
>> for the 4% fines.  Now, of course, as Bob Dylan famously said, money doesn't
>> talk, it screams......
>>  
>> 
>> Stephanie Perrin
>>  
>> 
>>  
>> 
>> 
>>  
>>  
>> On 2018-02-14 18:01, Michael Palage 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:
>>>  
>>>  
>>>  
>>> 1. Provide the list of questions to Hamilton for a response
>>> 2. 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
>>>  
>>>  
>>>   
>>> _______________________________________________
>>> gnso-rds-pdp-wg mailing list
>>> gnso-rds-pdp-wg at icann.orghttps://mm.icann.org/mailman/listinfo/gnso-rds-pdp-
>>> wg
>>>  
>>  
>> 
>> _______________________________________________
>> gnso-rds-pdp-wg mailing list
>> gnso-rds-pdp-wg at icann.org
>> https://mm.icann.org/mailman/listinfo/gnso-rds-pdp-wg
> 
> 
> 
> -- 
> _________________________________
> Note to self: Pillage BEFORE burning.
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