[ALAC] ALAC Statement regarding EPDP

Evan Leibovitch evan at telly.org
Fri Aug 3 21:27:59 UTC 2018


Hi all.

I agree with Holly, Carlton and Kan. I am frankly surprised that this
debate continues to be litigated. How little has changed after a decade of
talk. Two things:

   1. Alan's point that "*if registrant needs differ from those of the 4
   billion Internet users  who are not registrants, those latter needs take
   precedence*" ought not to be controversial, yet somehow it still is to
   some. The ICANN Bylaws assign to ALAC the role of representing the
   interests of those who are impacted by domains yet neither buy nor sell
   them. While there are those among us who own domains and even a few who
   sell them, such interests already have representation elsewhere in ICANN
   through multiple vectors. In the vast majority of instances the needs of
   domain owners align with those of the billions who would use those domains
   to access goods and services. Alan's statement, which is consistent with
   both the Bylaws and past practice, is that on the few occasions when those
   interests may collide, ALAC sides with those who have no other voice in
   ICANN. This is nothing new and has no reason to be renegotiated now.

   2. It is neither inconsistent with the GRPR nor mocking its intentions
   to state accurately that privacy has been demonstrably abused within the
   world of domains to enable unethical and illegal conduct. It wholly
   appropriate for At-Large -- in speaking for those who have been scammed and
   those who wish not to be scammed in the future -- to request that the
   legitimate need for privacy be accompanied by safeguards against shielding
   those who cause harm. To me this takes two forms: (a) demand for robust and
   efficient due process to address such abuse when discovered and (b)
   accuracy of information so that the result of valid due process reveals
   useful data. It is reasonable to assert that the unintended consequence of
   privacy without such public safeguards may be worse than the problems
   privacy rules seek to fix.

- Evan
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