[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
Kan Kaili
kankaili at gmail.com
Tue Dec 15 05:54:15 UTC 2015
Hi,
As a new member of ALAC and not being aware of past ALAC statements on this issue, my guess is, ICANN wants to avoid complying with ANY government laws and regulations in order to show it is determined to protect the end-users regardless. That is, while European laws may stand to protect end-users' interest, laws of other governments may not.
On the other hand, the current ICANN policy of granting waivers on a case-by-case basis, may not be the most economical way to achieve the desired purpose and might be improved.
Again, this is only my personal guess.
Kaili
----- Original Message -----
From: Carlton Samuels
To: Roberto Gaetano
Cc: At-Large Worldwide
Sent: Tuesday, December 15, 2015 6:03 AM
Subject: Re: [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
Join the club. The ALAC has pointed to the idiocy in several statements/advisories.
-Carlton
==============================
Carlton A Samuels
Mobile: 876-818-1799
Strategy, Planning, Governance, Assessment & Turnaround
=============================
On Sun, Dec 13, 2015 at 3:52 PM, 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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