[gnso-rpm-wg] FW: [council] Letter from RPM PDP co-chairs on GDPR & domain name dispute resolution

Paul Tattersfield gpmgroup at gmail.com
Wed May 16 19:40:46 UTC 2018


Dear Co-Chairs,

The other side I believe ICANN should look at is minimizing the number of
domains being cloaked under GDPR.

I would urge the Co-Chairs to also point out to those making policy for
GDPR within ICANN that less than 7% of the world’s citizens are EU citizens
and only a percentage of domains registered within the EU’s jurisdiction
will be registered to natural persons.

As a theoretical exercise: Suppose China passes a law requiring all
registrants to have public WHOIS data backed by $20m fines? What’s a US
registrar supposed to do? Risk an EU fine or a Chinese fine?

Registrars & registries who choose to do business within the EU's
jurisdiction have greater issues than just WHOIS to deal with under GDPR
and it should be suggested if they have not done so already that they
should contact their customers and get the necessary consents wherever
possible for all data use and retention purposes etc. not only public WHOIS.

It is likely most registrants will be happy to confirm their consent to
continue having their personal details escrowed outside the EU, and their
continued use of either an existing privacy service or open public WHOIS.

This will mean the WHOIS as it currently exists can continue to serve as an
extremely valuable world wide resource for probably in excess of 97% of
ICANN domain names.

Yours sincerely,


Paul


On Wed, May 16, 2018 at 2:53 PM, Julie Hedlund <julie.hedlund at icann.org>
wrote:

> Dear WG members,
>
>
>
> Please see below the response from the GNSO Council leadership team to the
> RPM PDP WG Co-Chairs concerning the letter they sent on behalf of the WG
> (attached) relating to the impact of the GDPR on the provision of domain
> name dispute resolution services under the UDRP and the URS.
>
>
>
> Best regards,
>
> Mary, Ariel, and Julie
>
>
>
> *From: *council <council-bounces at gnso.icann.org> on behalf of Heather
> Forrest <haforrestesq at gmail.com>
> *Date: *Wednesday, May 16, 2018 at 6:59 AM
> *To: *Mary Wong <mary.wong at icann.org>, "Corwin, Philip" <
> pcorwin at verisign.com>, Kathy Kleiman <kathy at kathykleiman.com>, "Beckham,
> James Brian" <brian.beckham at wipo.int>
> *Cc: *"council at gnso.icann.org" <council at gnso.icann.org>
> *Subject: *Re: [council] Letter from RPM PDP co-chairs on GDPR & domain
> name dispute resolution
>
>
>
> Dear Mary, Julie, Ariel (ICANN staff), and Phil, Kathy, Brian (RPM PDP WG
> co-chairs),
>
>
>
> On behalf of the Council leadership team, thank you for your initiative
> and for providing this analysis as Council turns its attention to the
> (E)PDP and its requirements. I'll suggest that we channel any questions
> raised on the Council list between now and the 24 May meeting through Paul
> as liaison. If questions relating to RPM PDP come up in the 21 May Q&A
> webinar, we will channel those back to you promptly after. The May Council
> agenda (draft to be posted soon) prioritises a bulk of the meeting time to
> GDPR/RDS next steps, and your information will help to inform that
> discussion.
>
>
>
> Best wishes,
>
>
>
> Heather Forrest
>
>
>
> On Tue, May 15, 2018 at 11:07 AM, Mary Wong <mary.wong at icann.org> wrote:
>
> Dear Councilors,
>
>
>
> Please find attached, for your review and discussion, a letter from the
> co-chairs of the Review of All Rights Protection Mechanisms (RPMs) Policy
> Development Process Working Group relating to the impact of the General
> Data Protection Regulation (GDPR) on the provision of domain name dispute
> resolution services under the Uniform Domain Name Dispute Resolution Policy
> (UDRP) and the Uniform Rapid Suspension procedure (URS). The letter
> references and includes an attachment containing relevant provisions of the
> UDRP and URS Procedures and Rules that may, and in some cases do, involve
> the use of Whois and personal data in proceedings brought under these
> processes.
>
>
>
> The attachment can also be viewed as a Google Sheet via this link:
> https://docs.google.com/spreadsheets/d/1npMYgAvm9uILCfymewqae_
> ib6uuqDM_cpBcs3UecHDE/edit?usp=sharing [docs.google.com]
> <https://urldefense.proofpoint.com/v2/url?u=https-3A__docs.google.com_spreadsheets_d_1npMYgAvm9uILCfymewqae-5Fib6uuqDM-5FcpBcs3UecHDE_edit-3Fusp-3Dsharing&d=DwMFaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=adDIs0WEx_lLwFfrsdovxTYY8GkRHo5ibc8SR3Npdh8&m=S7gC28Joc7lF1l47QG79p_irkJSOIbHaHQcwhwlZxBk&s=QwCXWgE5hcCJOsN-tkBlZ4vgwRQYNZbHTYNSqxSp8nA&e=>
>
>
>
> Please let us know if you have any questions or follow up for the Working
> Group or its co-chairs.
>
>
>
> Thanks and cheers
>
> Mary, Julie & Ariel
>
>
> _______________________________________________
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>
>
>
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>
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