[ALAC] Draft Principles for GDPR
Kan Kaili
kankaili at gmail.com
Wed Jul 11 19:16:43 UTC 2018
+1
----- Original Message -----
From: Alan Greenberg
To: Carlton Samuels ; Bastiaan Goslings
Cc: ALAC Working List
Sent: Wednesday, July 11, 2018 11:27 PM
Subject: Re: [ALAC] Draft Principles for GDPR
Carlton, I think that this is THE answer to the question of why At-Large needs to participate in this process. There are likely to be few GNSO participants that look at it from this perspective.
See my comment at https://community.icann.org/x/_YlHBQ.
Alan
At 11/07/2018 11:10 AM, Carlton Samuels wrote:
A good piece to introduce here. So we not mis read this let me state how the end user interest is inextricably conjoined with "third parties".
The first is the protection of end users from predators and predatory practices enabled by the DNS. The vast majority of end users would not know a WHOIS record even it jumped up and bit them in the butt. We depend on others to help us, to be on the line for our collective sake.
These surrogates, if you will, include the reputation companies, the antivirus folks, the researchers and a whole amalgam of third party interests.
When the end user gets a green tick that says this is a safe website, it protects the end user. That springs from the work of reputation companies. Accesd to WHOIS data is vested in their formulaic response that keeps me from wandering, mouth-breathing, into dangerous territory.
ICANN and the entire chain of connections in the DNS infrastructure has a role, each from a slightly different perspective. But reputation is not a sole interest as it is for these guys. And the end user is a beneficiary of this interest, which kicks in long way before the mainline DNS actors.
This is just one example. But let us be clear. That end user interests are defended by surrogates and so-called third parties is not an outlier. I would argue it is the central case.
The ALAC may not argue for end user interests absent an appreciation of the role in defending those interests by third parties. That would be a failure to recognize the facts as they are...and an egregious abdication of responsibilities.
-Carlton
On Wed, 11 Jul 2018, 7:51 am Bastiaan Goslings, < bastiaan.goslings at ams-ix.net> wrote:
I think I can agree with both Jonathan/Alan and Tijani on this. And as a matter of principle I’d therefore suggest to follow what the EDPB says on page 2 https://www.icann.org/en/system/files/correspondence/jelinek-to-marby-05jul18-en.pdf
’The EDPB considers it essential that a clear distinction be maintained between the different processing activities that take place in the context of WHOIS and the respective purposes pursued by the various stakeholders involved. (…) The EDPB therefore reiterates that ICANN should taake care not to conflate its own purposes with the interests of third parties, nor with the lawful grounds of processing which may be applicable in a particular case’
> On 11 Jul 2018, at 12:17, h.raiche at internode.on.net wrote:
>
> Hi Tijani
>
> I think we can both agree that it is about the public interest. And while privacy is a big part of that, so are other issues - a safe, stable DNS etc.
>
> I have asked that this discussion is on the wiki so that there is a place for everyone to contribute - and I hope you will participate as well.
>
> We need agreed principles for the people who will sit on the EpDP - which means we need to hear from everyone - you included
>
> Holly
>
>
> ----- Original Message -----
> From:
> "Tijani BEN JEMAA" < tijani.benjemaa at benjemaa.com>
>
> To:
> "Jonathan Zuck" < JZuck at innovatorsnetwork.org>
> Cc:
> " h.raiche at internodeon.net" < h.raiche at internode.on.net>, "ALAC List" < alac at atlarge-lists.icann.org>, "A t" <staff at atlarge.icann.org >
> Sent:
> Wed, 11 Jul 2018 09:33:16 +0100
> Subject:
> Re: [ALAC] Draft Principles for GDPR
>
>
> Good morning everyone,
>
> I disagree with this statement Jonathan.
> The registrants represent the active part of the end-users. we are responsible to defend their interest.
> I have heard such reflection, and it always lead to be more aligned with the commercial interests. We need to be careful and be always for the public interest, not for the political or commercial interests.
>
> -----------------------------------------------------------------------------
> Tijani BEN JEMAA
> Executive Director
> Mediterranean Federation of Internet Associations (FMAI)
> Phone: +216 98 330 114
> +216 52 385 114
> -----------------------------------------------------------------------------
>
>
> Le 10 juil. 2018 à 22:27, Jonathan Zuck < JZuck at innovatorsnetwork.org> a écrit :
>
> Thanks Holly for getting this started. I guess what we’re after are some basic principles on our perspective on the GDPR. The temp spec is the temp spec so some of this will apply for sure, if we reach some consensus on these but there are areas that are simply part of the law over which we don’t have influence. A principle might be something like
>
>
> • The ALAC feels responsible to reprresent the interests of non-registrants more so than registrants as they represent the majority of users.
>
> I’m not saying we’ve agreed to that but that’s the kind of filter we could send our reps in with?
>
> Jonathan
>
>
>
> From: ALAC < alac-bounces at atlarge-lists.icann.org> on behalf of " h.raiche at internode.on.net" <h.raiche at internode.onnet>
> Reply-To: " h.raiche at internode.on.net" < h.raiche at internode.on.net>
> Date: Tuesday, July 10, 2018 at 5:22 PM
> To: ALAC List < alac at atlarge-lists.icann.org>, A t <staff at atlarge.icann.org >
> Subject: [ALAC] Draft Principles for GDPR
>
>
> Folks
>
>
> Since we all think principles are a good idea, I have set down the basics from the Temporary Spec - very simplistic, but it's a start. What we need now is discussion on the principles.
>
>
> Evin - I'm not sure if you have a new wiki page for discussion on the temporary spec, but if not, would you create on.
>
>
> And Olivier - the Temporary Spec necessarily will deal with access - at the least, guiding principles, so whoever is on the EPDP will have some guidance on our red lines on access.
>
>
> So please everyone - comments
>
>
> Thanks
>
>
> Holly
>
>
> Temporary Specification for gTLD Registration Data
>
>
>
>
> Principles for requirements to replace the RAA/Registry Requirements
>
> (within the context of compliance with the GDPR)
>
>
>
> Purpose of Collection of Data
>
> Quoting from the Temporary Spec – which is quoting from the ICCANN Bylaws:
>
>
> purpose is to coordinate the bottom-up, multistakeholder development and implementation of policies “[f]or which uniform or coordinated resolution is reasonably necessary to facilitate the openness, interoperability, resilience, security and/or stability of the DNS including, with respect to gTLD registrars and registriesâ€
>
>
> Purpose includes
>
> · ô°‚ resolution of disputes regarding the registration of domain names (as opposed to the use of such domain names, but including where such policies take into account use of the domain names);
>
>
> · ô°‚ maintenance of and access to accurate and up-to-date information concerning registered names and name servers;
>
>
> · ô°‚ procedures to avoid disruptions of domain name registrations due to suspension or termination of operations by a registry operator or a registrar (e.g., escrow); and
>
>
> · ô°‚ the transfer of registration data upon a change in registrar sponsoring one or more registered names.
>
>
>
>
>
> the Bylaws specifically obligate ICANN, in carrying out its mandate, to “adequately address issues of competition, consumer protection, security, stability and resiliency, malicious abuse issues, sovereignty concerns, and rights protectionâ€
>
>
>
>
> Geographic Coverage of EPDP Outcome:
>
> · Apply globally or
>
>
>
> · Apply only to European Economic Area (the coverage of the GD
> R) and otherwise lesser requirements (existing RAA requirements?)
>
>
>
>
> Data Collected
>
> · ‘Thick Whois†– bassed on the differing uses of the data is listed in the purpose above – OR
>
>
>
> · Some lesser amount of information
>
>
>
>
> Consent
>
> · Registrants must be told, at the time of collection, what personal information is collected, why the collection is necessary to achieve the purposes, who will have access and in what circumstances access will be given to what information, and all circumstances in which the data will be transferred (to Registry, Escrow) and where heldThey must also be told their consent can be withdrawn at any time (and consequences of withdrawal) and how to withdraw consent
>
>
>
>
> Access to Data – Tiered access (largely what is in the Techniccal Specification)
>
> · Applies to all Registrants – naturaal or corporate persons
>
>
>
> · Information generally publicly available
>
>
>
> o Registrant name
>
>
>
> o Anonymised email or other anonymous contact means
>
>
>
> · Access to other personal information –
>
>
>
> o Only to accredited entities (not individuals)– >
>
>
> o Only in specific circumstances that warrant access
>
>
>
>
>
>
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