[At-Large] G7 GAC and WHOIS - protecting end users

[Joanna Kulesza]

Thanks guys! Really helpful.

My reading of this is that the 7 richest countries in the world are
concerned with Icann taking too long on the UAM. Would be great if we as
AtLarge could attend to that challenge and lead towards a speedy and
effective solution.

Looking forward to hearing what others think.

P.s. Congrats on the thesis Matt!

Best
J.

Śr., 3 lip 2019, 16:59 użytkownik Bastiaan Goslings <
bastiaan.goslings at ams-ix.net> napisał:

> Thanks. I agree with Matthias.
>
> I had not heard of this G7 group before, I assume its a law enforcement
> cooperation body? If so, then the letter is not just a non-substantive
> lobbying effort, but an IMO quite harmful statement as it says:
>
> 'In view of the importance of ensuring access to Whois data for law
> enforcement authorities, the G7 members call on ICANN to quickly implement
> a unified access solution that would make non-public Whois data accessible
> to third parties with legitimate purposes’.
>
> Article 6. 1 GDPR states a.o.:
>
> 'Processing shall be lawful only if and to the extent that at least one of
> the following applies:
>
> (…)
>
> (f.)  processing is necessary for the purposes of the legitimate interests
> pursued by the controller or by a third party, except where such interests
> are overridden by the interests or fundamental rights and freedoms of the
> data subject which require protection of personal data, in particular where
> the data subject is a child.'
>
> And the there is the note:
>
> 'Point (f) of the first subparagraph shall not apply to processing carried
> out by public authorities in the performance of their tasks.'
>
> That means the G7 group cannot base their, and other law enforcement
> agencies’, interest to acces non-public WHOIS data on article 6.1 (f). The
> legislator is to provide by law for the legal basis for public authorities
> to process personal data.
>
> regards
> Bastiaan
>
>
>
> ***  Please note that this communication is confidential, legally
> privileged, and subject to a disclaimer:
> https://www.ams-ix.net/ams/email-disclaimer  ***
>
>
>
>
> > On 3 Jul 2019, at 16:30, Matthias M. Hudobnik <matthias at hudobnik.at>
> wrote:
> >
> > Signed PGP part
> > Dear Joanna,
> >
> > Thank you for sharing this with us ;-). This seems like a very general
> letter with no real substantive content just repeating what the GAC (
> https://www.icann.org/en/system/files/correspondence/ismail-to-chalaby-24apr19-en.pdf)and
> NTIA (
> https://www.icann.org/en/system/files/correspondence/redl-to-chalaby-04apr19-en.pdf)
> already said. I even enjoyed the statement from the EC (
> https://mm.icann.org/pipermail/comments-epdp-recs-04mar19/attachments/20190417/6f0a65b2/CommentsontheTemporarySpecificationforgTLDRegistrationDataPolicyRecommendations-0001.pdf)
> more because the content of it was in a much more substantive manner.
> >
> > By the way - if anybody is interested, I wrote my entire diploma thesis
> about this topic (The Future of WHOIS - An analysis of the Policy
> Development Process under the GDPR with a focus on the litigation ICANN v.
> EPAG): https://unipub.uni-graz.at/download/pdf/3703735
> >
> > Have a nice day!
> > Best,
> > Matthias
> >
> > _________________________
> > Ing. Mag. Matthias M. Hudobnik
> > matthias at hudobnik.at
> > http://www.hudobnik.at
> >
> > Von: At-Large [mailto:at-large-bounces at atlarge-lists.icann.org] Im
> Auftrag von Joanna Kulesza
> > Gesendet: Mittwoch, 03. Juli 2019 13:19
> > An: at-large at atlarge-lists.icann.org
> > Betreff: [At-Large] G7 GAC and WHOIS - protecting end users
> >
> > Dear all,
> >
> > thought this might be of interest to better understand and substantiate
> user interests in the WHOIS/GDPR/UAM debate:
> >
> https://www.icann.org/en/system/files/correspondence/green-to-chalaby-21jun19-en.pdf
> >
> > Looking forward to hearing  your thoughts.
> >
> > --
> > Kind regards,
> > Joanna Kulesza
> > -------------------
> > Joanna Kulesza, PhD
> > University of Lodz, Poland
> > ALAC / EURALO / Capacity Building Working Group Co-Chair
> > SOI: https://community.icann.org/display/atlarge/Joanna+Kulesza+SOI
> > TT: @KuleszaJ
>
>
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