[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

Christian de Larrinaga cdel at firsthand.net
Sun Dec 13 21:33:18 UTC 2015


This is priceless "ICANN has determined on a preliminary basis that it
is prepared to grant the Waiver Request."

oh really!

Christian


Seth M Reiss wrote:
> No, you have lots of company.
>
> -----Original Message-----
> From: at-large-bounces at atlarge-lists.icann.org
> [mailto:at-large-bounces at atlarge-lists.icann.org] On Behalf Of Roberto
> Gaetano
> Sent: Sunday, December 13, 2015 10:52 AM
> To: at-large at atlarge-lists.icann.org
> Subject: [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
>
> 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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-- 
Christian de Larrinaga  FBCS, CITP,
-------------------------
@ FirstHand
-------------------------
+44 7989 386778
cdel at firsthand.net
-------------------------

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