[At-Large] G7 GAC and WHOIS - protecting end users

Johan Helsingius julf at julf.com
Thu Jul 4 09:42:51 UTC 2019


Problem is that not only do the 7 richest countries in the world
an UAM solution quickly, but they also want a solution that
they are happy with. Sometimes those demands are hard to
reconcile, and "speedy" and "consensus" are often somewhat
incompatible.

	Julf

On 03-07-19 23:42, Joanna Kulesza wrote:
> Thanks guys! Really helpful. 
> 
> My reading of this is that the 7 richest countries in the world are
> concerned with Icann taking too long on the UAM. Would be great if we as
> AtLarge could attend to that challenge and lead towards a speedy and
> effective solution.  
> 
> Looking forward to hearing what others think.
> 
> P.s. Congrats on the thesis Matt!
> 
> Best
> J.
> 
> Śr., 3 lip 2019, 16:59 użytkownik Bastiaan Goslings
> <bastiaan.goslings at ams-ix.net <mailto:bastiaan.goslings at ams-ix.net>>
> napisał:
> 
>     Thanks. I agree with Matthias.
> 
>     I had not heard of this G7 group before, I assume its a law
>     enforcement cooperation body? If so, then the letter is not just a
>     non-substantive lobbying effort, but an IMO quite harmful statement
>     as it says:
> 
>     'In view of the importance of ensuring access to Whois data for law
>     enforcement authorities, the G7 members call on ICANN to quickly
>     implement a unified access solution that would make non-public Whois
>     data accessible to third parties with legitimate purposes’.
> 
>     Article 6. 1 GDPR states a.o.:
> 
>     'Processing shall be lawful only if and to the extent that at least
>     one of the following applies:
> 
>     (…)
> 
>     (f.)  processing is necessary for the purposes of the legitimate
>     interests pursued by the controller or by a third party, except
>     where such interests are overridden by the interests or fundamental
>     rights and freedoms of the data subject which require protection of
>     personal data, in particular where the data subject is a child.'
> 
>     And the there is the note:
> 
>     'Point (f) of the first subparagraph shall not apply to processing
>     carried out by public authorities in the performance of their tasks.'
> 
>     That means the G7 group cannot base their, and other law enforcement
>     agencies’, interest to acces non-public WHOIS data on article 6.1
>     (f). The legislator is to provide by law for the legal basis for
>     public authorities to process personal data.
> 
>     regards
>     Bastiaan
> 
> 
> 
>     ***  Please note that this communication is confidential, legally
>     privileged, and subject to a disclaimer:
>     https://www.ams-ix.net/ams/email-disclaimer  ***
> 
> 
> 
> 
>     > On 3 Jul 2019, at 16:30, Matthias M. Hudobnik
>     <matthias at hudobnik.at <mailto:matthias at hudobnik.at>> wrote:
>     >
>     > Signed PGP part
>     > Dear Joanna,
>     >
>     > Thank you for sharing this with us ;-). This seems like a very
>     general letter with no real substantive content just repeating what
>     the GAC
>     (https://www.icann.org/en/system/files/correspondence/ismail-to-chalaby-24apr19-en.pdf)and
>     NTIA
>     (https://www.icann.org/en/system/files/correspondence/redl-to-chalaby-04apr19-en.pdf)
>     already said. I even enjoyed the statement from the EC
>     (https://mm.icann.org/pipermail/comments-epdp-recs-04mar19/attachments/20190417/6f0a65b2/CommentsontheTemporarySpecificationforgTLDRegistrationDataPolicyRecommendations-0001.pdf)
>     more because the content of it was in a much more substantive manner.
>     >
>     > By the way - if anybody is interested, I wrote my entire diploma
>     thesis about this topic (The Future of WHOIS - An analysis of the
>     Policy Development Process under the GDPR with a focus on the
>     litigation ICANN v. EPAG):
>     https://unipub.uni-graz.at/download/pdf/3703735
>     >
>     > Have a nice day!
>     > Best,
>     > Matthias
>     >
>     > _________________________
>     > Ing. Mag. Matthias M. Hudobnik
>     > matthias at hudobnik.at <mailto:matthias at hudobnik.at>
>     > http://www.hudobnik.at
>     >
>     > Von: At-Large [mailto:at-large-bounces at atlarge-lists.icann.org
>     <mailto:at-large-bounces at atlarge-lists.icann.org>] Im Auftrag von
>     Joanna Kulesza
>     > Gesendet: Mittwoch, 03. Juli 2019 13:19
>     > An: at-large at atlarge-lists.icann.org
>     <mailto:at-large at atlarge-lists.icann.org>
>     > Betreff: [At-Large] G7 GAC and WHOIS - protecting end users
>     >
>     > Dear all,
>     >
>     > thought this might be of interest to better understand and
>     substantiate user interests in the WHOIS/GDPR/UAM debate:
>     >
>     https://www.icann.org/en/system/files/correspondence/green-to-chalaby-21jun19-en.pdf
>     >
>     > Looking forward to hearing  your thoughts.
>     >
>     > --
>     > Kind regards,
>     > Joanna Kulesza
>     > -------------------
>     > Joanna Kulesza, PhD
>     > University of Lodz, Poland
>     > ALAC / EURALO / Capacity Building Working Group Co-Chair
>     > SOI: https://community.icann.org/display/atlarge/Joanna+Kulesza+SOI
>     > TT: @KuleszaJ
> 
> 
> 
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