[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
h.raiche at internode.on.net
Sun Dec 13 23:00:37 UTC 2015
If you read the ALAC statement/response to the Whois Conflicts WG, you will see that we said just that - as did Christopher wilkinson and Stephanie Perrin.
It all goes way back to the original Whois protocol, - that served a very different purpose, but was adopted by ICANN - and should not have been. It is why the ICANN board set up the EWG, (and why ALAC wrote to the Chair about the RDAP)
On 14 Dec 2015, at 8:12 am, Seth M Reiss <seth.reiss at lex-ip.com> 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
> 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.
> 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?
>> -----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.
>> News Alert
>> 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
>> Registrar Accreditation Agreement (the "2013 RAA"). Section 2 of the
>> Data Retention Specification (the "Specification") of the 2013 RAA
>> prior to granting any exemption under the Specification, ICANN will
>> determination on the ICANN website for a period of thirty (30)
>> 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
>> 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
>> 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
>> faith in an effort to reach a mutually acceptable resolution of the
>> 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
>> 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
>> Waiver Request. ICANN is posting this preliminary determination for a
>> 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
>> 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
>> the duration of its sponsorship of the Registration and for a period
> 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
> 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
>> to similar waivers requested by other registrars located in Denmark
>> and subject to Danish law. Section 3 of the Specification provides as
>> 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
>> 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,
>> 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
>> 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-
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