[EURO-Discuss] [At-Large] European Union Court of Justice ruling on data retention.

Carlton Samuels carlton.samuels at gmail.com
Fri Apr 11 15:03:11 UTC 2014


++1.

Insightful comments.  The EWG is grappling with this very issue of
fragmented responses to jurisdictional differences pertaining privacy and
consumer rights and we are struggling to come up with a solid
recommendation.

We know what is required is something with the outlook and impact of an
international treaty; a defined outcome without necessarily recommending a
rigid process to objective.

One of the ideas floated is that of ICANN developing a set of so-called
Binding Corporate Rules that has the impact of an international treaty that
might be added as a specification to the Ry/Rs contracts.

If you have ideas about the principles that must bound the actions in this
area we would love to hear them.

Best,
-Carlton


==============================
Carlton A Samuels
Mobile: 876-818-1799
*Strategy, Planning, Governance, Assessment & Turnaround*
=============================


On Thu, Apr 10, 2014 at 8:38 PM, Hong Xue <hongxueipr at gmail.com> wrote:

> Some of us have been discussing the decision and trying to understand what
> > (if any) impact it will / can have on the current situation with regard
> to
> > EU registrars and the 2013 contract. It should also be noted that there
> are
> > privacy implications with the standard new TLD registry contract.
> >
> >
> >
> ICANN is now using ad hoc exemption measures to except EU registrars from
> certain data retention requirements, specified in RAA. Yes, there might
> also have impacts on standard RAs. But there are privacy and data
> protection laws developing in other regions, like ASEAN and APEC. ICANN
> should not just mind the laws in Europe. In designing its global RDS to
> replace whois, ICANN needs to develop a holistic policy to address to
> current or potential conflicts with the local laws.
>
> Hong
>
>
>
> >
> > -----Original Message-----
> > From: euro-discuss-bounces at atlarge-lists.icann.org [mailto:
> > euro-discuss-bounces at atlarge-lists.icann.org] On Behalf Of Wolf Ludwig
> > Sent: Wednesday, April 9, 2014 9:44 PM
> > To: At-Large Worldwide; Jean-Jacques Subrenat
> > Cc: Discussion for At-Large Europe
> > Subject: Re: [EURO-Discuss] [At-Large] European Union Court of Justice
> > ruling on data retention.
> >
> > Dear Jean-Jacques and all, (let me Cc the EURALO list to this)
> >
> > thanks a lot for pointing to this yesterday's European Court decision
> with
> > various and important foreseeable impacts - "regarding the protection of
> > Internet user rights and privacy", as you mentioned.
> >
> > As EDRI affirmed yesterday: "After eight years, this affront (data
> > retention) to the fundamental rights of European citizens has finally
> been
> > declared illegal. Eight years of abuses of personal data and eight years
> of
> > reassurances from EU Member States and the Commission that the measure
> was
> > legal ..." Various among our German ALSes (DigitalCourage, Network New
> Media,
> > Vereinigung Datenschutz etc.) pointed to this abuse and violation of
> > privacy rights since years while the public was mislead until this
> superior
> > court ruling. As an example, Germany didn't transpose this EU Directive
> > 2002/58/EC into its national legislation so far and was sued by the
> > European Commission for "non-compliance with EU rules". Now the EU
> > Commission and most member states have to do their home work for
> respecting
> > this European Court decision (life can be cruel ;-)
> >
> > Besides Europe, this court decision impacts IMO also ICANN incl. recent
> > discussions in Singapore (and before) whether or to what an extent
> European
> > registrars have to comply with and exert ICANN rules clearly violating
> > European privacy standards - particularly after yesterday's court
> decision?
> >
> > To me, yesterday was a great day for reaffirming *privacy as a
> fundamental
> > right* in the EU! Any further comments on this are welcome!
> >
> > Kind regards,
> > Wolf
> >
> >
> > Subrenat, Jean-Jacques wrote Wed, 9 Apr 2014 10:32:4
> > >On 9 april, the European Union Court of Justice (EUCJ) ruled that
> > >
> > >"Directive 2006/24/EC of the European Parliament and of the Council of
> 15
> > March 2006 on the retention of data generated or processed in connection
> > with the provision of publicly available electronic communications
> services
> > or of public communications networks and amending Directive 2002/58/EC is
> > invalid".
> > >
> > >This ruling follows requests by associations representing civil society
> > >in Ireland (Digital Rights Ireland, Ltd.) and Austria
> > >(Verfassungsgerichtshof). It
> > >- requires the European Union to provide enhanced protection for
> > >Internet and telecommunications users;
> > >- while recognizing the legitimate concerns posed by criminal and
> > terrorist activities, imposes improved protection of personal data and
> > privacy.
> > >
> > >For those not familiar with the legal system of the European Union, when
> > the new Directive will have been adopted as a result of this ruling, it
> > will be transposed into the national legislation of each Member State.
> > >
> > >To my knowledge, this ruling represents one of the most (if not the
> most)
> > advanced legislation in the world regarding the protection of Internet
> user
> > rights and privacy.
> > >
> > >The full ruling can be read
> > >- in English,
> > >http://curia.europa.eu/juris/celex.jsf?celex=62012CJ0293&lang1=fr&type=
> > >TXT&ancre=
> > >- in French,
> > >http://curia.europa.eu/juris/celex.jsf?celex=62012CJ0293&lang1=fr&type=
> > >TXT&ancre=
> > >- in German,
> > >http://curia.europa.eu/juris/celex.jsf?celex=62012CJ0293&lang1=fr&type=
> > >TXT&ancre=
> > >
> > >
> > >Jean-Jacques.
> > >
> > >_______________________________________________
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> > >
> >
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> > http://www.eurodig.org/
> > mobile +41 79 204 83 87
> > Skype: Wolf-Ludwig
> >
> > EURALO - ICANN's Regional At-Large Organisation http://euralo.org
> >
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