[EURO-Discuss] RE : Article 29 Party Write to ICANN again

Wed Jan 29 22:02:12 UTC 2014

Again, @Michele +1.

Regards,
Jean-Jacques.

----- Original Message -----
From: "Michele Neylon - Blacknight" <michele at blacknight.com>
To: "Nigel Hickson" <nigel.hickson at icann.org>, "jjs" <jjs at dyalog.net>, euro-discuss at atlarge-lists.icann.org
Sent: Jeudi 30 Janvier 2014 05:42:36
Subject: RE: [EURO-Discuss] RE :  Article 29 Party Write to ICANN again

Nigel

With all due respect I'd have to disagree.

ICANN was told repeatedly by EU based registrars that the terminology in the contract would put us in breach of EU and national law. Yet ICANN insisted on putting the terminology into the contract.
ICANN has repeatedly refused to listen to what Article 29 have been saying.
And ICANN has also not published all of the correspondence on this subject - I found the most recent letter on the EU site, not the ICANN site.

If the retention period was more in harmony with the core tenets of the directive, which *has* been transposed into national law almost verbatim, then there wouldn't be an issue.

The situation at present is, for lack of a better word, unacceptable, or more simply put, crazy.

Only 1 EU based registrar has been granted even a preliminary waiver. If only 1 registrar had applied for one, then the situation would be understandable, but that is not the case.

That a company in an EU member state needs to ask a California Corporation permission to comply with local law and that the same Corporation would be so slow and awkward in its dealing with the companies is almost laughable.

As of today multiple new TLDs are entering the root and going live. Yet many registrars in the EU cannot offer these new extensions.

So ICANN is effectively limiting our ability to trade.

Regards

Michele

--
Mr Michele Neylon
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-------------------------------
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-----Original Message-----
From: Nigel Hickson [mailto:nigel.hickson at icann.org] 
Sent: Wednesday, January 29, 2014 9:31 PM
To: jjs; Michele Neylon - Blacknight; euro-discuss at atlarge-lists.icann.org
Subject: Re: [EURO-Discuss] RE : Article 29 Party Write to ICANN again

JJ and colleagues 

Good evening; the fact (as noted) that 1995 EU Directive has been
implemented in such varied ways (essentially one was implementing EU
principles in national legislation) is a fact in the challenge of having
one specific "carve out". The proposed Regulation (on Data Protection)
being negotiated in Brussels could make a difference on this (as a
Regulation has direct effect across EU-28).

Best

Nigel 

On 1/29/14 10:52 AM, "jjs" <jjs at dyalog.net> wrote:

>@Michele +1. It would indeed be a fallacy to consider that each Member
>State of the EU is free to interpret EU Directives to suit its own
>purposes.
>
>For colleagues from horizons other than the EU, a small footnote may be
>useful: a Directive is not unilaterally imposed by the European
>Commission, but has been trashed out collectively, and thoroughly, with
>all the Member States. The "transposition" into national legislation is
>required for a Directive to have legal effect in that country, but is by
>no means open to alteration or corruption, once it has been agreed upon
>by all 28 Member States.
>
>The apparent ambiguity in parts of the English-language mass media comes
>from the fact that some of them are owned by individuals who are not
>citizens of an EU Member State (e.g. R. Murdoch, originally an
>Australian, assumed US citizenship in 1985) and/or pursue their own
>agendas.
>
>Jean-Jacques. 
>
>-------- Message d'origine --------
>De : Michele Neylon - Blacknight <michele at blacknight.com>
>Date : 29/01/2014  17:09  (GMT+08:00)
>A : euro-discuss at atlarge-lists.icann.org
>Objet : [EURO-Discuss] Article 29 Party Write to ICANN again
> 
>http://michele.cat/eh
>
>--
>Mr Michele Neylon
>Blacknight Solutions
>Hosting & Colocation, Domains
>http://www.blacknight.co/
>http://blog.blacknight.com/
>http://www.technology.ie
>Intl. +353 (0) 59  9183072
>Locall: 1850 929 929
>Direct Dial: +353 (0)59 9183090
>Fax. +353 (0) 1 4811 763
>Twitter: http://twitter.com/mneylon
>-------------------------------
>Blacknight Internet Solutions Ltd, Unit 12A,Barrowside Business
>Park,Sleaty
>Road,Graiguecullen,Carlow,Ireland  Company No.: 370845
>
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