[WHOIS-WG] WHOIS-WG Digest, Vol 21, Issue 2

[Carlton Samuels]

Well said, Patrick!

Thanks for a very concise exposition of the issues for decision.

- Carlton

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Carlton A Samuels
Mobile: 876-818-1799
*Strategy, Planning, Governance, Assessment & Turnaround*
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On Thu, Dec 8, 2011 at 4:44 AM, Patrick Vande Walle
<patrick at vande-walle.eu>wrote:

> **
>
> I have gone through the whole report of the WHOIS review team. Much to my
> surprise, it goes into some depth regarding privacy issues and compliance
> with law. The RT took the position that "applicable laws", as mentioned in
> the AOC, means "applicable laws of all countries". This is a welcome
> clarification. I have some reservations on the language used at page 20
> saying that regional laws should not be taken into account, because the
> need to be translated into local law. This is not always the case, and I
> will submit a comment to the RT in that sense.
>
> My position has never varied. A contract between parties, be it the RAA or
> the registry agreement cannot force one of the parties to break the law.
> This is why, for example, the UK-based Telnic had to negotiate an exception
> to the rule to be able to comply with UK laws on privacy.
>
> On the registrar side, I submit that most, if not all, European registrars
> break the law when they export their individual customers data to thick
> WHOIS databases outside the EU. The fact there has not been legal actions
> against them is more due to political reasons rather than plain legal ones.
> Data protection officers have more important things to do. Domain name
> registrations by individuals in gTLDs are few, and politically
> insignificant. That will not make the front page of a newspaper.
>
> Referring to the links Carlton sent us earlier this week on the new data
> protection framework, I note the EU plans to issue a regulation that will
> allow them to have direct powers over these matters, and strengthen the
> requirements towards more protection of privacy. Third country registries
> that would not comply could be prevented from doing business in the EU.
>
> Regarding the thick vs thin models, I admit my position has varied over
> time. The engineer in me says that, from a data coherence POV, centralizing
> the data in one point is better. When it comes to protecting privacy and
> compliance to law for registrars, I go for the thin model in the current
> context. I am well aware this is a lost battle. All new gTLDs are required
> to use the thick model. Hence, it makes sense to put the the legacy ones on
> the same footing that the upcoming ones, if only because this is fairer
> from a competition POV.
>
> Patrick
>
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>
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