[At-Large] I: [ALAC-Announce] ICANN News Alert -- Notice of Preliminary Determination To Grant Registrar Data Retention Waiver Request for Ascio Technologies, Inc. Danmark - filial af Ascio Technologies, Inc. USA

[Seun Ojedeji]

The names world is getting to a stage where if care is not taken, the
business interests will get/push ICANN to do things that only appeal to
their individual interests which I am afraid could result to the downfall
of the organisation.

I no longer understand what we mean by multistakeholder when we always find
ourselves (either intentionally/ignorantly) providing/initiating basis for
a fight against government.

Regards
On Dec 13, 2015 21:52, "Roberto Gaetano" <roberto_gaetano at hotmail.com>
wrote:

> I am just wondering how much this overhead does cost.
> Instead of complying with European law, ICANN has chosen to disregard it,
> and now is obliged to grant waivers one by one to European registrars.
> Am I the only one who thinks that this is plain silly?
> Cheers,
> R.
>
>
>
> > -----Messaggio originale-----
> > Da: alac-announce-bounces at atlarge-lists.icann.org [mailto:alac-announce-
> > bounces at atlarge-lists.icann.org] Per conto di ICANN At-Large Staff
> > Inviato: giovedì 10 dicembre 2015 04:03
> > A: alac-announce at atlarge-lists.icann.org
> > Oggetto: [ALAC-Announce] ICANN News Alert -- Notice of Preliminary
> > Determination To Grant Registrar Data Retention Waiver Request for Ascio
> > Technologies, Inc. Danmark - filial af Ascio Technologies, Inc. USA
> >
> >
> > [ICANN]<http://www.icann.org/>
> > News Alert
> >
> > https://www.icann.org/news/announcement-2015-12-09-en
> >
> > ________________________________
> > Notice of Preliminary Determination To Grant Registrar Data Retention
> > Waiver Request for Ascio Technologies, Inc. Danmark - filial af Ascio
> > Technologies, Inc. USA
> >
> > 9 December 2015
> >
> > ICANN has made a preliminary determination that it is prepared to grant a
> > data retention waiver request submitted by Registrar Ascio Technologies,
> > Inc. Danmark - filial af Ascio Technologies, Inc. USA ("Ascio") under the
> 2013
> > Registrar Accreditation Agreement (the "2013 RAA"). Section 2 of the Data
> > Retention Specification (the "Specification") of the 2013 RAA provides
> that
> > prior to granting any exemption under the Specification, ICANN will post
> its
> > determination on the ICANN website for a period of thirty (30) calendar
> days.
> >
> > Pursuant to Section 2 of the Specification, Ascio has submitted to ICANN
> a
> > Registrar data retention waiver request ("Waiver Request") on the basis
> of
> > Ascio's contention that compliance with the data collection and/or
> retention
> > requirements of the Specification violates applicable law in Denmark.
> >
> > The Waiver Request was accompanied by a written legal opinion from a
> > nationally recognized law firm citing section 5 (5) of the Danish Act on
> > Processing of Personal Data of 31 May 2000 (the "DPPD"). That section
> > provides as follows (the following is an unofficial English translation
> from
> > Danish):
> >
> > Section 5 (5).
> >
> > The data collected may not be kept in a form which makes it possible to
> > identify the data subject for a longer period than is necessary for the
> > purposes for which the data are processed.
> >
> > Following receipt of the Waiver Request, and in accordance with the 2013
> > RAA, ICANN through its legal counsel and Ascio discussed the matter in
> good
> > faith in an effort to reach a mutually acceptable resolution of the
> matter.
> >
> > The outcome of those discussions is that Ascio is seeking a waiver with
> > respect to Sections 1.1.1 through 1.1.8 of the Specification that seeks
> to
> > reduce from two years to one year the period for which these specified
> data
> > elements must be retained after the Registrar's sponsorship of the
> > Registration ends.
> >
> > ICANN has determined on a preliminary basis that it is prepared to grant
> the
> > Waiver Request. ICANN is posting this preliminary determination for a
> period
> > of thirty (30) calendar days to seek feedback and input from the
> community
> > on the proposed data retention waiver. After the thirty (30) calendar day
> > period following this posting has expired, ICANN will consider all
> feedback
> > and input received before making a final determination on whether to
> grant
> > the Waiver Request.
> >
> > The scope of the proposed waiver would be to permit Ascio to maintain the
> > information specified in Sections 1.1.1 through 1.1.8 of the
> Specification
> for
> > the duration of its sponsorship of the Registration and for a period of
> one (1)
> > additional year thereafter rather than two (2) additional years
> thereafter. In
> > all other respects the terms of the Specification would remain AS-IS.
> >
> > The specific change to the Specification would be that, for the duration
> of the
> > Waiver, the retention requirement of Section 1.1 of the Data Retention
> > Specification be changed from "two additional years" to "one additional
> > year."
> >
> > If ICANN does make a final determination to grant the Waiver Request
> > sought by Ascio, the provisions of Section 3 of the Specification would
> apply
> > to similar waivers requested by other registrars located in Denmark and
> > subject to Danish law. Section 3 of the Specification provides as
> follows:
> >
> > If (i) ICANN has previously waived compliance with the requirements of
> any
> > requirement of this Data Retention Specification in response to a Waiver
> > Request from a registrar that is located in the same jurisdiction as
> Registrar
> > and (ii) Registrar is subject to the same applicable law that gave rise
> to
> > ICANN's agreement to grant such waiver, Registrar may request that ICANN
> > to grant a similar waiver, which request shall be approved by ICANN,
> unless
> > ICANN provides Registrar with a reasonable justification for not
> approving
> > such request, in which case Registrar may thereafter make an Wavier
> > Request pursuant to Section 2 of this Data Retention Specification.
> >
> > The Registrar's Waiver Request and supporting documents are available
> > here: https://www.icann.org/en/system/files/files/waiver-request-ascio-
> > technologies-09dec15-en.pdf [PDF, 6.39 MB]
> >
> > A public comment period will remain open until 23:59 UTC, 11 January
> 2016.
> > Public comments will be available for consideration by ICANN staff and
> the
> > ICANN Board.
> >
> >   *   Comments can be posted to: comments-ascio-technologies-
> > 09dec15 at icann.org<mailto:comments-ascio-technologies-
> > 09dec15 at icann.org>
> >   *   Comments can be viewed at: http://forum.icann.org/lists/comments-
> > ascio-technologies-09dec15/
>
>
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