[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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